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December 13, 2006

Latest Bombshell in the Duke LaCrosse Case

Unreal [also see the update, below]:

DNA testing conducted by a private lab in the Duke lacrosse rape case found genetic material from several males in the accuser's body and her underwear - but none from any team member, including the three charged with rape, according to a defense motion filed Wednesday.

That the case has not been dismissed illustrates how procedurally flawed criminal cases are.  Here, people in cases similar to those facing the Duke boys have this "choice": Take a plea bargain and plead guilty (even though you're innocent) or go to trial.  If you lose at trial, remember, you'll likely go to prison and certainly be required to register as a sex offender.

If someone sues you for $10,000, you're entitled to extensive discovery and will be allowed to depose the person suing you.  When someone tries sending you to prison, you're entitled to less procedural safeguards.  You don't get to look your accuser in the eyes until trial.  (Which, unless you're a total blockhead, you'll never face because you'd have already pled guilty!)

The system will never be reformed.  Once the lacrosse players are freed, all of the wealthy white people concerned about the criminal justice system will move on with their lives.  People, after all, are only concerned with getting their own justice.  In the American criminal system, no one really wants justice for all.

UPDATE:

DNA Security, the private lab that did the testing, violated its own policies by failing to turn over all material to the defense. Instead, it removed all mention of matches with multiple other (unidentified) males from its report.

Why did DNA Security violate its own internal policies?

On April 8, 9 and 10, DNA Security found DNA from multiple males on the panties and rectal swab from the rape kit; none matched the lacrosse players.

On April 10, Meehan met in his office with Nifong and the two lead investigators in the case, Sgt. Mark Gottlieb and Investigator Benjamin Himan.

On April 18 and 19, DNA Security ran tests on pubic hair from rape kit; multiple male DNA was found that did not match the players or any other sample taken by police, the motion said.

On April 20 or 21, Meehan again met with Nifong and the two investigators in his Burlington office.

Meehan included none of these DNA results in his final report to Nifong on May 12.

It's time to put Mike Nifong where he belongs - in jail.

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» Developments in the Duke Lacrosse Case from Sex Crimes
Since the case falls within the subject area of this blog, I will link to articles about the case, but I don't have very much to say about it that hasn't been said before. I'm just curious why the fact [Read More]

» Duke lacrosse prosecution scandal from Overlawyered
With the revelations of DA Nifong's misconduct coming thick and fast -- the latest being the withholding of exculpatory DNA evidence -- K.C. Johnson asks: where does the Duke law faculty stand in all this?... [Read More]

Comments

Your comment that "people, after all, are only concerned with getting their own justice" is dead-on.

Early in my career, I worked for about 18 months for a management-side labor law firm. Every now and then, a wife of one business client or another would have a car wreck and would ask the firm to bring a personal injury case. There was an interesting incidence of outrage among those clients when they were advised that jury verdicts in this state are historically low (or, as the Chamber of Commerce calls it, "fair") and that punitive damages are constitutionally prohibited. "But this case isn't frivolous! But this case is different! Other cases are frivolous but mine deserves an exception."

Wrong. The justice system is either for all of us or it is for none of us. Too bad no one in this selfish, "what's in it for me" society can understand that until his own ox is gored.

Looks like there just might be a Federal civil rights investigation into the Duke rape case.

See: http://durhamwonderland.blogspot.com/2006/12/jones-letter.html

And you know the kicker of a bogus criminal charge that is nolled?

You face hell trying to bring a 1983 action.

That's why they dismissed that B.S. indictment against me for issuing a Demand Letter to that police chief when I was NAACP legal director.

I would have rather'd a trial, and when it was clear I wasn't taking a plea, they dropped it.

http://christopher-king.blogspot.com/2006/09/kingcast-and-david-byrne-issue-caution.html

But at what price. Almost drove my ass crazy, and depleted my bank account.

Peace.

Democrat DA Mike Nifong witholds exculpatory evidence in order to assure re-election. Hmmn...; reuses offers of esculpatory evidence from the dense; tolerates sexual harassment in his office to go on unabated; has yet to meet with the accuser. One get's the impression the DA is only concerned with furthering his career irregardless of how many lives he destroys in the process.
Durham Police Department frames Duke 3 by making certain only Duke Lacrosse players appear in identification line-up.
North Carolina State Bar refuses to open investigation despite numerous (17 at last count) unanswered formal complaints. (In most states the State Bar has an interest in maintaining the integrity of its profession.)
Thought police at Duke are orchestrating debacle in order to drive home the Establishment's powerful yet subtle message: "If you are white and male, don't come to North Carolina because if you do, you will be railroaded into one of North Carolina's infamous kangaroo courts"

You know, I almost hope that this IS a false rape accusation. Because the alternative is that the accuser was raped, and Nifong has just made it impossible that the men who did it will be brought to justice.

WTF is he thinking?

mythago: Good point.

I think the bitch was lying the whole time.
Gold diggin Ho had the DNA of several other Kats DNA. My take is she had rough Gang Sex with some othe kats, and tried to Blame it on the Rich white kids...And the Bitch has had a Baby last week...Damn! 9 months to the Day! Do a paternity test on the kid and see whats up.. I think she lied and got in too deep to get out. Stank ass Ho...
I know plenty chics like her. Ol bitch..
Get an education and work like the rest of us stop Hustling the Fast Dollar. Thats whats wrong with our culture now. Bling Bling, spend spend spend...What ever happened to work an honest job, Be clever, come up with Ideas no one else has thought of to get your paper. There are honest ways to get rich thru hard work. The Fast dollar will be a Greedy MF's downfall for real..
Stank ass ho. She needs to appologize to whole team, Her photo and name released so no one else will fall victim to a viscious lying skank Ho god diggin bitch like her.
Damn girl...You just Made the OJ playing field Level! ha hahahahaa..

Typos..
Gold diggin bitch.
Vicious ho was what I meant to type.
Evidence tells the truth...especially when there is none!

I thought the drinking age was 21 nationwide?

You all are so ignorant. How can you call a black female a bitch and a gold digger. Have you know sense. White women invented the term. White women marry wealthy men everyday and sleep with wealthy men everyday. So what is the point. White women go to college to find wealthy men to marry. In addition, white women want to be with black men and when daddy finds out they want to cry rape. Now this has been going on since the slavery and still goes on today. Furthermore, the women was obviously raped. I do not know if the men did it or some other guys at the party. Maybe she did not remember because just about all of you white guys look alike. In addition, the guys are whores for ordering up strippers in the first place. You mean to tell me that well-rounded, wealthy, and educated guys like them could not get the girls on campus to entertain for free. Therefore, they had more on their minds that just watching women dance. They wanted sex and that is the point. The question is, was it consensual or not.

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