RSS 2.0 FeedThe Duke Lacrosse Case And Prosecutorial Misconduct
by Doug MataconisABC News is reporting that, later this afternoon, all charges that had been brought against members of the Duke University lacrosse team will be dropped:
April 10, 2007 — The office of North Carolina Attorney General Roy Cooper will announce that he is dismissing all charges against three Duke Lacrosse players, ABC News has learned from sources close to the case.
Special prosecutors from the attorney general’s office took over the case after Durham District Attorney Mike Nifong recused himself in January amid charges of unethical conduct filed against him by the North Carolina Bar.
The holes in this case should have been apparent from the beginning, and yet Prosecutor Michael Nifong ignored them, charged the players with rape and related crimes, and continued to zealously pursue their conviction in the face of clear evidence that the accuser’s story just didn’t add up:
Defense attorneys have released documents detailing how the accuser changed key details in her story in the weeks and months after the alleged assault.
Legal analysts and forensic experts have criticized what they call a critically flawed photo identification lineup — a lineup that led to the identification and indictment of Evans, Finnerty, Seligmann. No DNA evidence was found matching any lacrosse players with samples from the rape kit, while DNA from unidentified men was found on the accuser’s body and clothing.
Other reports indicated that Nifong didn’t even talk to the accuser until months after the incident and well after reports had come out calling key details of her story into question. Now, Nifong is under investigation by the North Carolina State Bar and could very well be disbarred and conceivably end up in prison and face civil liability to the players that he wrongfully accused.
The broader lesson of the Duke lacrosse case, though, should not be forgotten. Prosecutors are different from other attorneys in that the ethical rules that bind them require them to seek the truth even if that results in a dismissal of the case. In this case, it’s clear that Nifong forgot that duty and the only good thing is that he was stopped before this went any further.
One wonders how many men and women are sitting in prisons today because their Michael Nifong wasn’t caught in time.
Update @ 3:00pm: And it’s official, the charges have been dropped:
RALEIGH, N.C. — Prosecutors dropped all charges Wednesday against the three Duke lacrosse players accused of sexually assaulting a stripper at a party, saying the athletes were innocent victims of a “tragic rush to accuse” by an overreaching district attorney.
“There were many points in the case where caution would have served justice better than bravado,” North Carolina Attorney General Roy Cooper said in a blistering assessment of Durham County District Mike Nifong’s handling of the case.
Cooper, who took over the case after Nifong was charged with ethics violations that could get him disbarred, said his own investigation concluded not only that the evidence against the young men was insufficient, but that no attack took place.
Reade Seligmann, Collin Finnerty and David Evans were indicted last spring on charges of rape, kidnapping and sexual offense after the woman told police she was assaulted at a lacrosse team party where she had been hired to perform as a stripper.
The charges are dropped but, of course, the damage is done. As someone once said, though, where do these men go to get their reputations back ?
Lets see if Pastor Sharpton and Jesse Jackson are as quite to slander this black girl for false accusations of the lacrosse players as they are for a white man like Imus.
Comment by Ken Heckman — April 11, 2007 @ 3:04 pmLet’s cut the bull. All prosecuters strive to get as many convictions as they can. That’s how they protect their job security(chances of relection) & advancement in the legal world. I have been indicted by a grand jury for three felonies that I did not do. When I asked my lawyer to get a transcription of the county attorney’s presentation to the grand jury, he told me that NH does not allow the accused to have that information. I said… what?? How do we know that the county attorney did not mislead the grand jury by ommitting certain facts about my case that would of certainly resulted in my not being indicted. He said… you don’t. What???
Why is it called a “secret” grand jury? Is this the U.S. or Iran?
I’m innocent like the Duke guys, but my family and I have been scorned so bad by the community that we were living in that we had to pack up and move two states away.
And justice for all… bullshit!
Comment by John Doe — April 11, 2007 @ 3:11 pmUnfortunately for the African American community, Sharpton and Jackson lead by bad example and are only interested in their own gain and being in the media spotlight. This was instantly turned into a race issue by them when what supposedly took place was a crime against a woman. They should apologize to the Duke players and administrators personally for labeling them as biggots, then they can mouth off about Don Imus.
Comment by Mark McClafferty — April 11, 2007 @ 3:12 pmIf I’m your Dad, and you are reading this story, and who hasn’t, then I’ll remind you of your grandfather’s advice to AVOID THE SITUATION that can entangle you in personal damage and disgrace. So what’s wrong with privileged student athletes hiring some dancers in for an artistic performance? Why wouldn’t the dancer interpret the events and involve her community in her interpretations? Why wouldn’t the a local politician convert the story to political capital?
Comment by Taylor cope — April 11, 2007 @ 3:18 pmWhy wouldn’t our journalists make the most of the titillating story and its ramifications and overtones to entice an audience?
If you would be embarassed to read it in the paper or see it on the news, or read it on the internet, you shouldn’t be involved in it.
The Duke players weren’t “involved” in it, according to Roy Cooper. So I don’t see the wisdom of old Grand Daddy’s advice in this situation?
Comment by John Doe — April 11, 2007 @ 3:26 pmJesse Jackson strikes again — Consider this “fine lady’s” name as just a new name for Tawanna Brawley. Once again the bigotted Jesse Jackson, along with his sidekicks Sharpton, Cosby (Mr. Jello), and now the next great pair of “authorities” — whoopie Goldberg and “spike” Lee — jump to the cause of SPEEDY ACCUSATION and create another blunder where, if handled without the usual accusations and racially charged negative utterances, would have had a better chance to have real justice. The sad thing is, and I do mean SAD, that none of the aforementioned “authorities” will ever be sued or have any sanctions placed against them because, with the exception of Goldberg, none of them have a REAL JOB. Instead they prey on the organizations, who were founded with legitimate intentions, for the sake of being paid so they can “showboat” around in their stretch limos, live in their mansions, and garner their other expenses and “appointments” (nappy or not).
Comment by DoctorD — April 11, 2007 @ 3:34 pmIt just goes to show you that as long as there are cowards then these people (what??? I used “these people”!! Whatever did I mean??)will be able to walk into any area, shoot off their mouths, cause unrest (why wasn’t Sharpton charged with the death of the person who died in the riot that HE CAUSED??), then drive away in their “stretches”. Just who made them the social conscience of America??? I know I DIDN’T. I DEAL IN FACTS — THEN JUSTICE!!
I think Mike Nifong should be sued up the gazoo and made to pay ALL legal fees of the three young men whose lives have all but been destroyed.
Comment by Mother of sons — April 11, 2007 @ 4:04 pmWho knows, but I’m sure they all get reacquainted if (when?) Nifong is convicted and jailed.
Comment by trav.is — April 11, 2007 @ 4:38 pmThis is outrageous! NOW… let’s talk about racism! Sharpton wants Imus fired, over rude and obvoiusly ignorant comments towards girls who are remarkable and will overcome and succeed no matter what anyone says, because they are just plain better than that and should stop whining. Tthese young men, INNOCENT from the start as most of us all knew, have had their lives and education completely derailed, at THEIR height and glory. These young white men have been discraced and slandered, dragged through a muddy nightmare that must have kept them awake endlessly with the fear that maybe they would unjustly be imprisoned for rape. Not to mention, the distress it caused their parents and other family members. All over some trashy slutty stripper with a seriously screwed up history.
Comment by Sdeering847 — April 11, 2007 @ 4:47 pmGeez, I think she’s what some of us might refer to as a “NAPPY-HEADED HO”? If Don Imus is to be fired, then the D.A. in the Duke case needs to file criminal charges against this woman. This is a blatent form of reverse discrimination and needs to be addressed immediately. Every black American has Jackson and Sharpton standing up for them when their feathers get a little ruffled. Who’s gonna stand up for our white guys when some bitch goes for their throats with no regard for anyone but her own greedy motives. She’s a big girl and knew EXACTLY what she was doing.
Now that the three men are absolutely innocent of any wrong doing I failed to she the NAACP, Jesse Jackson or Al Sharpton, or the 80 or so professors at Duke making any apology to these men. Within a short time Jackson and Sharpton stated the men were guilty and they believed the girl. Jackson offered to have Push give the Black lady that was allegedly rape by White Duke lacrosse players a free college tuition. Now does that go for them? Maybe Push should help them with the lawyer fees that were caused by the Black girl being untruthful. If they don’t they are racialist Jackson and Sharpton are absolutely very racial people and should be held as that, not giving their statement any credibility. By the way did Al Sharpton ever pay the white police office the $65,000 he owed from the Tawana Brawley case?
Wm Sutliff
Comment by WM Sutliff — April 12, 2007 @ 9:07 amLakeland Fl
Nifong conducted a trial that supposedly would enhance his coming election.. he distroyed the lifes of three young white men, innocent and helpless to combat the mechanics of injustice. Now , hopefully Mr nifong will get his.. the black woman who accused them how ever seems to be getting a free ride, why is this. I would think she deserves to be on the hot seat now as well tho that may not happen as it might, just might create a politcally insensitive situation. Sharpton and Jesse Jackson should immediately offer apologies publically to all concerned, but they wont. And in fact, all the black leaders who were so quick to comdemn should apologize, but of course they wont.
Comment by David James — April 12, 2007 @ 10:27 am