Monday, November 20, 2006

Duke rape hoax: case is not supported by evidence or law

Wendy McElroy:

Legal experts increasingly agree; the prosecution of the three affluent white students at Duke University accused of raping a working-class and local black woman is not supported by evidence or law.

Instead, it is driven by the political ambitions of the local District Attorney in Durham, North Carolina who has exploited racial tensions.

Last week, the D.A. in question Mike Nifong won the election that has been so intimately linked to the ‘rape’ case. He still faces two basic alternatives: dismiss the case or go to trial. What will happen now that he has won a full term?

Based on recent headlines that have battered Nifong’s case, people might assume ‘dismissal.’ The headlines include:

"Durham DA Says He Still Hasn't Interviewed Alleged Rape Victim."

Despite his many pre-indictment statements of "I believe the victim," as of late October, Nifong had not interviewed her on the details.

"Second Exotic Dancer…Says Alleged Victim Was 'Fine'."

Nifong’s only witness and the backbone of his prosecution has changed her story…again. Kim Roberts now claims the accuser was not raped.

"Accuser in Duke lacrosse case wanted money, man says."

A security manager at the strip club where the accuser worked says that, after the alleged incident, she bragged about getting money from "the white boys."

These are sensational headlines but they are unlikely to influence Nifong’s decision.

Why?

Because they don’t change anything fundamental about the case. The absence of an interview with the accuser is just one more in a series of prosecutorial missteps or misconduct by Nifong. Kim Roberts has always been an unreliable witness whose testimony may shift tomorrow. The co-worker’s 11th hour testimony may not be true and ‘proves’ nothing.

The fundamentals of the case have remained the same for months.

They include exculpatory DNA tests, a solid alibi for one defendant, a string of contradictions from the accuser, an irredeemably tainted police ID and a witness who benefits the defense.

And, yet, there are at least five reasons why a trial may well proceed whether or not the accused are clearly innocent.

The first reason: Nifong owes his slim election victory to a base of black voters who clamor for a trial.

In the predominantly black Precinct 42, for example, all but 18 votes went to Nifong. Both the extremely powerful Durham Committee on the Affairs of Black People and the People's Alliance endorsed Nifong's candidacy; both want a trial.

Durham’s population is approximately 44 percent black and turn out in black districts was high. Nevertheless, Nifong received only 49 percent of the popular vote. Write-in Republican candidate Steve Monks received 12 percent. County Commissioner Lewis Cheek garnered 39 percent despite a pledge not to accept the job if Monks also ran. Thus, Nifong did not swing a majority vote even though one of his opponents was not on the ballot and the second one ‘refused to serve’.

Nifong’s overall support in Durham is weak. His political strength is specifically tied to a promise to prosecute.

The second reason: Local politicians seem utterly uninterested in pressing for dismissal. Governor Mike Easley, who appointed Nifong, is a Democrat and relies on the same voter bloc; Easley will be up for election in a few years.

Durham Mayor Bill Bell has commented, "By and large, people want it [the Duke rape case] to be decided in court." Local authorities lack the political will to call for dismissal. Indeed, they are likely to press in the other direction.

The third reason: A theme is emerging from the local news accounts I’m reading. It is well captured in a commentary by Ruth Sheehan, a staff writer for the local News and Observer.

Sheehan writes, "Nifong has become a symbol of Durham to the nation. And in Durham, as in most dysfunctional families, it may be OK to holler and throw lamps at one another within the family, but let an outsider criticize and, honey, watch out."

Perversely, national outrage over Duke may have hardened local determination to not be intimidated by outsiders.

The fourth reason: There has been wide-spread speculation that Nifong intends to dismiss the case only after it drops off the public radar. This is unlikely to happen if only because of outraged bloggers who will persist. Nifong is far less likely to back down if a spotlight still shines on him.

The fifth reason: Nifong has one chance to win at trial. In June, North Carolina Central law professor Irving Joyner told Sports Illustrated "[Nifong] still has a viable shot at victory before a jury in Durham."

The key words are "in Durham." If jury selection there reflects the same base that elected Nifong, then it is possible for the young men to be convicted on one of more of three pending felony charges. ‘Duke’ is a textbook case of why a change of venue can be essential to justice.

As it stands, a trial is scheduled in Durham for Spring of 2007.

I can only hope that this article is soon rendered irrelevant by a judge who gives Nifong the face-saving ‘out’ of granting a motion to dismiss perhaps one based on the flawed photo ID.

Otherwise, the treatment of these young men will continue to cross the line separating prosecution from persecution.

Like Teacher, Like Student: Duke Student. Shadee Malaklou Offers Her View

Duke Case: Professor Crowley Just Doesn't "Get It"

The Herald-Sun's Peculiar Letters Policy

The rape of justice

2 Comments:

At 10:51 AM, Anonymous Anonymous said...

I guess it happened years ago. I started having sex at a very early age. I’m not sure why, I just wanted to. When I was still in high school, I was in competition with myself to see how many boys I could have sex with in a week. I became quite self educated in the subtle differences there are in each boys genitalia.

Guys who looked like they were packing huge equipment sometimes where packing “happy meal” toys, while guys you would least expect would be packing man-size equipment that would make any girl’s mouth water and pusy sweat.

One day I had sex with three boys in the bathroom of my boyfriend’s house, and I immediately got a reputation f being easy. That reputation was a double edged sword. On the positive side, I got more guys than ever, but on the negative side everyone knew. Even in this age of “equal rights” girls still suppose to not like having sex. Strangely, feminist are the ones perpetuating this myth. A feminist friend of mine told me if I claimed I was raped, I could redeem myself and reputation. I could blame my avid hunger for sex on “being abused at an early age”. She even suggested that I claim I was raped by my father. My reputation would be instantly vindicated as I enjoyed all the powers and benefits of being a “victim”.

Years later when I was being dishonorable discharged from the Navy for having sex with over half the men and few of the women in my squad, I claimed I was raped, but since many of my sexcapades were video taped, I didn’t want to risk being caught in a lie because I couldn’t remember which guys and gals video taped me and which ones didn’t, so I made a claim in 1996 that I was raped by three boys when I was in high school.

It was tough living the lie, and I wasn’t interested in being in the Navy anymore. A friend told me I could make tons of money by marrying a man, having his child, then leaving him forcing him to pay child support which can take up to 60% of his net pay. If I had children from three different guys, I could collect over one thousand dollars of tax free child support each month for 18 years, but that plan fell through because I married a loser who found out I gave birth to another man’s child while married to him. My ex-husband tried to gain custody of my child, but I didn’t want to pay child support to him, so in 1998 I claimed that he kidnapped me and tried to kill me.

I’ve been a stripper/prostitute/escort for awhile now, and I’ve been taking a few classes at UCNC in hopes to recruit a few girls of my own to pimp out. One night in 2002 I was having a particular good night, so I partied a little too hard, gave a public lap dance to a cab driver, when he wouldn’t have sex with me in exchange for cab fare, I stole his cab, and when the cops tried to stop me, I tried to kill them. I’m still on probation for that little incident.

Earlier this year in 2006, I was working my ass off – literally! I had sex with a “client”, then with my boyfriend, then with a battery vaginal sex toy, then with two guys in exchange for a ride to the lacrosse party. The boys were pissed because I arrived so wasted. I had my routine party drugs that evening and I was feeling grrrrrreate! I stumbled all over the place, and after five minutes I wanted to leave. After why not? I already was paid. My stripper friend, “K”, was arguing with the boys over us taking the money without providing a show. She called them racial slurs and they responded in kind, but to get them back, she called 911 and lied claiming that we were only driving by and racial slurs were being yelled at us. We laughed and laughed that the 911 –people could be so stupid.

I was so wasted that I forgot my money and phone at the boys’ house, but the $400.00 “K” didn’t want to slpit her take with me, so she called the cops to have me arrested. I drank the last of my booze and took the last of my party drugs so the cops wouldn’t atke it. By the time the cops arrived I was feeling “fffffffine!” And that’s when it hit me! I was being arrested for … oh I forgot, but to get out of it I claimed rape. That always works. I was surprised they believed me. My story was wild and a fantastic fantasy, but I had no evidence to back it up. I only had a little scratch on my knee from when I fell when I was totally wasted, and a little scrape on my ankle. The doctor and the nurse checked my pusy. I really enjoyed that. I’m thinking of having pap smears every week. I love laying there naked with my legs up and cold metal probes are inserted into my vagina. I must have had four orgasms just waiting there.

The local DA, he’s such a loser, wanted so badly to get elected that he cherry picked every piece of evidence to make a case. No doubt he's worried I’d contradict myself even more. It’s hard to remember a lie when you don’t really give a damn about it. All I wanted was to get out of getting arrested that night. All he cared about was making national news. He said it was better than sex, and I would agree. In college, the DA should have spent less time with his head in books, and more time learning how to please a woman. You’d figure a white man with such a small penis would make up the difference with some kind of technique.

It’s amazing how feminist groups and racist groups are fast to jump on cases like this. I figure I can make bucks on the movie right alone. I thin it’s a laugh how news anchors like Nancy and Wendy twist and stretch any evidence or story to make sure people believe a rape actually occurred, but when someone points out that the evidence proves the rape didn’t really exist, both Nancy and Wendy claim that others are twisting and stretching the evidence. Talk about the kettle calling the pot black. Nancy and Wendy are my heroes. They have no integrity and that’s probably how they got where they are. Girls like Nancy, Wendy, and me should stick together. Using victimhood as a weapon and tool for personal gains will get us rich! I kinda feel sorry for those boys though, but you can’t make an omelet without breaking a few eggs.

 
At 10:38 PM, Anonymous Anonymous said...

It is impossible that a crime scene with three drunk men in a small enclosed room with a fighting and clawing woman being orally, virginally, and anally penetrated not leave any DNA evidence of urine, blood, vaginal fluid, sweat, fecal matter, scat smears, saliva, tears, or semen... especially if condoms were used. How would they take off the condoms during all this chaos without spilling, smearing, or touching the content inside or outside of the condom?

 

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