The more the whole sordid drama goes on, the more I am convinced that the only guilty party who will be doing any jail time in the Duke lacrosse rape case will be Durham district attorney Mike Nifong. Six days after it was revealed that – contrary to North Carolina law – he had conspired with a local DNA analysis firm to hide exculpatory evidence from the defense, he dropped the rape charges against three players, while continuing the threaten them with kidnapping and sexual assault:
Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, but the three still face kidnapping and sexual offense charges.
According to court papers filed Friday by District Attorney Mike Nifong, the accuser told a prosecution investigator on Thursday that she now does not know if she was penetrated during the alleged attack.
Lacking any “scientific or other evidence independent of the victim’s testimony” to corroborate that aspect of the case, Nifong wrote, “the State is unable to meet its burden of proof with respect to this offense.”
This is all a horrible mess of course, from beginning to end. Nifong’s lineup procedure was a travesty of justice, containing as it did only members of the Duke team – the accuser, who has changed her story of that night multiple times – could not help but pick members of the team. Unfortunately for the prosecution’s credibility, one of the players accused has photographic evidence from a distant ATM proving that he couldn’t have been there when the crime was alleged to have occured.
You don’t have to be a fan of loutish, drunken, frat boy behavior to believe that this represents a chilling example of the unlimited power of prosecutors to engage in wilful misconduct in order to further their own chances at the ballot box. Nor do we need the wisdom of Solomon to see that the salutary goal of prosecuting actual rapists – and encouraging rape victims to step forward without fear of consequence – has been damaged the prosecution’s serial malfeasance.
I wonder how they’ll treat Nifong in the big house, once he gets there. He’ll certainly get the opportunity to meet a lot of folks he sent up.
All the law stuff, notwithstanding, can you imagine being a parent of one of these kids? Yeah their parents have $$, but since when is that against the law? Plus, what if it was my son or yours (me being poor)?
When all the charges are finally dropped and Mikey faces his own, they, on the other hand, will carry the stigma of this rotten situation for the rest of their lives.
This is simply B.S. but it goes on every day, in every city or county DA’s office. This is where politics meets the pavement…
And when it happens there is no justice.
B2
Our litigation happy society has developed these lawyers, creating a playing field that warps the law to fit their own personal needs. More often than not, the law is misrepresented beyond what any reasonable person could hope to think was justice. OJ, Robert Blake, Rodney King, just a few examples of the scales tipping the wrong way. In Orange County, California several years ago, prosecutors had on VIDEO an act of date rape and abuse of a young and obviously drugged girl, by a group of young men. They filmed the act, making jokes and doing vile things to this girl. There was no doubt as to their understanding what they were doing, and how a jury could NOT see the act for what it was is beyond belief. But, because the guys had rich parents who held high power jobs (one was a high ranking Sheriff), they were able to sway a jury to acquittal with high priced lawyers and villification of the girl (she deserved it, right? After all, she was a tramp according to the defense). The price of freedom knows no boundries, not even the law. Our justice system has been breaking down piece by piece for decades… all while we stand by and watch it happen with our mouths agape.
Lee,
In the California case you cited; only some of the charges were dismissed, there was a retrial on the charges that the jury deadlocked on, and all defendants were convicted and went to prison. One of the defendants was charged with two additional offenses that were committed when he was out on bail.
SOMETIMES the system works.
Thanks BG, I moved to NorCal right after the first trial. I’m still incensed over it though…
Very impressive how Duke stood behind these students and the lacrosse team…WAY behind. Threw the coach and the team under the bus, now the university is whining that applications are down considerably.
B2,
You are dead on correct. The irony of this matter is that two of the three accused were on athletic scholarship and came from blue collar families. Nifong used this case to get re-elected in an area that is split 50/50 on race.
Within two months the remaining charges will be dropped and Mr. Nifong will skate due to the laws of NC protecting prosecutors.
Hang Em! Nifong, I mean. What a Jack A$$!!!!
KC
“loutish, drunken, frat boy behavior” is irresponsible behavior.Just because it happens often does not excuse it or make it (winking an eye) OK and I understand no one here is excusing that behavior but it’s not too big a leap to suspect something happened that no one is proud of at the party.Since all we know about this case is what we read in the paper (right there is a clue we’re not getting all the facts) I’m inclined to cut Mikie some slack until all the cards are on the table.
re- “I?
re- “I’m inclined to cut Mikie some slack until all the cards are on the table.”
Like I said Phil I ain’t a lawyer but I do know a little.
All the states evidence is available to the defendents through discovery. Bomber guy would know. Nifong has NO physical evidence. All he has are he-said-she said charges which aren’t worth the paper they’re written on, nothwithstanding the accusers character, credibility or truthfulness….
Did you see that Nifong got relected during the evidence gathering phase? Check out his motivations.
B2
Unfortunately, Nifong will likely escape prosecution due to political connections/expediency, as well as the laws of the stating providing protection to prosecutors (as pointed out by BC). Unfortunately, and adding to the travesty of justice, he’ll likely gain financially–if not otherwise–from his behavior. I very much doubt this is type of individual the Durham public (regardless of socioeconomic background)really wants protecting their safety, rights, and liberties.
MMCM
Nifong is still charging these boys with several grave offences. That this has been allowed to go on is an indictment against all the factions concerned.
The incident was unfortunate but the dog and pony show that it has been made into, is the true hate crime. Those responsible should be censured at the very least.
Most of us participated in drunken, loutish behavior at some point in our lives.
The behavior, however immoral, does not support the charges the Nifong continues to press. It has become clear that his political survival now hinges on pressing this case.
He is sacrificing the lacrosse players to save himself. It is time for an outside investigatatory agency to take over and make an impartial review.