NC - Two Duke Lacrosse Players Indicted

[Dark Knight]

Well, I guess it's better than no apology at all. :snooty:

http://www.comcast.net/sports/index.jsp?cat=SPORTS&fn=/2007/04/12/634870.html&cvqh=itn_duke

DURHAM, N.C. - The local prosecutor who charged three Duke lacrosse players with raping a stripper apologized to the athletes Thursday, a day after North Carolina's attorney general dropped the entire case.

"To the extent that I made judgments that ultimately proved to be incorrect, I apologize to the three students that were wrongly accused," Durham County District Attorney Mike Nifong said in a statement.

<snip>

"It is my sincere desire that the actions of Attorney General Cooper will serve to remedy any remaining injury that has resulted from these cases."

Nifong refused to answer any questions after handing the statement to an Associated Press reporter outside his office in Durham.

Seligmann's attorney, Jim Cooney, responded bitterly to the apology.

"You can accept an apology from someone who knows all the facts and simply makes an error," Cooney said. "If a person refuses to know all the facts and then makes a judgment, that's far worse _ particularly when that judgment destroys lives."

Like I said, it's a start, albeit not perfect by any means. Cooney's point is well said, too.

 

[Nova]

Like I said, it's a start, albeit not perfect by any means. Cooney's point is well said, too.

Indeed. DK (or anyone), do you know if there is any financial recourse for the accused? In case of such obvious misconduct by the government (in the person of Nifong), can a falsely accused individual do anything to recoup some of his legal expenses? (I'm afraid to hear the answer...)

 

[Jeana (DP)]

Indeed. DK (or anyone), do you know if there is any financial recourse for the accused? In case of such obvious misconduct by the government (in the person of Nifong), can a falsely accused individual do anything to recoup some of his legal expenses? (I'm afraid to hear the answer...)

The answer is yes. They're most likely going to sue Nifong in a personal capacity and the city.

 

[angelmom]

http://www.comcast.net/sports/index.jsp?cat=SPORTS&fn=/2007/04/12/634994.html&cvqh=itn_duke

RALEIGH, N.C. - The disgraced district attorney in the Duke lacrosse rape case apologized to the three athletes in a carefully worded statement Thursday as their lawyers weighed whether to sue him _ and some legal experts say they have a case.

<snip>

So far, attorneys for David Evans, Reade Seligmann, and Collin Finnerty have not said whether they plan a civil action against Nifong. But they have not ruled it out.

"We're certainly going to be advising him and the Seligmann family of all of their options. But nobody is racing to file any kind of a lawsuit at this point," said Jim Cooney, Seligmann's attorney.

Separately, the North Carolina bar charged Nifong months ago with several violations of professional conduct that could lead to his disbarment. The case is set for trial before a bar committee in June.

Among other things, the bar said Nifong made misleading and inflammatory comments about the athletes, even before they were charged. In the early days of the case, for example, Nifong said several times that members of the lacrosse team were not cooperating with investigators. Not true, according to court documents.

Experts said the ethics charges could form the basis for a lawsuit seeking damages from Nifong.

"Ordinarily, a prosecutor has absolute immunity for the actions he takes in preparation for a case, but there are some caveats to that, and one of them is he does not have absolute immunity for misleading statements he gives at press conferences," said Shannon Gilreath, an adjunct professor at the Wake Forest University School of Law.

Other actions Nifong took outside of the courtroom could open him up to a lawsuit, Banzhaf said. Nifong, among other things, directed the police lineup at which the accuser identified the three players; the lineup has been criticized as faulty. The bar has also accused Nifong of lying in court about having turned over all DNA test results to the defense.

<snip>

Other potential targets for a lawsuit include the accuser herself. Cooper said his investigators concluded no attack took place.

<snip>

That has left some to suggest the players and their families might sue Duke University, which has been heavily criticized in some quarters for suspending the players and canceling the lacrosse team's season before the young men were even tried.

But Banzhaf said such a lawsuit is not likely to succeed, since university administrators did not have access to the facts of the case and were basing their actions on what they learned from Nifong.

A Duke spokesman declined to comment on the prospect of a lawsuit.

Goldman said the real aim of a lawsuit against Duke, an elite private school with a multibillion-dollar endowment, might be to win an out-of-court settlement and recoup what are sure to be staggering legal bills.

"I can see Duke University just settling with these guys, even if there isn't a tremendous basis" for a suit, Goldman said. "Duke's got a lot of money and been around a long time."

 

[luvbeaches]

Let's not forget that these "men" who were NCAA elite athletes got into this mess because they threw a huge drinking party, complete with strippers and peeing in the yard, during the athletic season.

Had they been following the University and NCAA rules, they wouldn't have gotten in trouble.

Yes, the charges were improper and Nifong blew it. But these kids were out of line, too. They should not have faced criminal prosecution, but the sanctions from the school for the party itself were appropriate.

Wow, what does this party have to do with the false charges of rape against these guys? College kids drinking...OMG! So NCAA elite athletes can't drink?

This isn't their fault...they are the victims.

 

[luvbeaches]

I couldnt agree with you more. Look at all the outrage against Imus, it was a bad thing for him to say but those girls lives were not ruined.and he apologized profusely, this liar accuser hasnt even attempted to do that. These boys will always be looked at as being the center of a potential rape case.
all because of some psychopathic stripper who needs to go to jail. But of course she walks free. :sick: :sick:
False accusations of a serious crime like rape should not be overlooked. I am utterly ashamed to say I live in North Carolina when nothing will happen to that liar.

Imus is an idiot, and deserves what has come his direction, but he didn't ruin their lives and you're right...the liar that accused them has still not attempted to make an apology.

Jackson and Sharpton would be going ape #$%^ if these three boys were black and the accuser was white. They'd expect an apology from everyone involved...especially the accuser. Just look what they are doing to Imus.

I don't blame you for being ashamed...I would be too. As another poster mentioned, what about the next woman who is raped and is afraid to come forward (after seeing something like this happen). This woman should be charged. She lied. And Nifong should be charged.

 

[Nova]

The answer is yes. They're most likely going to sue Nifong in a personal capacity and the city.

Good! I was afraid it would be one of those "government is immune" things.

Thanks.

(ETA: Thanks to angelmom, as well, for analysis of potential liability.)

 

[shopper]

http://www.nypost.com/seven/0412200...e_named__shamed_columnists_john_podhoretz.htm

Article on lying accuser.

 

[White Rain]

http://www.nypost.com/seven/0412200...e_named__shamed_columnists_john_podhoretz.htm

Article on lying accuser.

The write of that article better be careful...his job could be on the line....a black person could take offense, and it's all over for him.

 

[shopper]

The write of that article better be careful...his job could be on the line....a black person could take offense, and it's all over for him.

Here's another:
http://www.foxnews.com/story/0,2933,265374,00.html

 

[Jeana (DP)]

The write of that article better be careful...his job could be on the line....a black person could take offense, and it's all over for him.

Ain't that the truth.

 

[eve]

Good! I was afraid it would be one of those "government is immune" things.

Thanks.

(ETA: Thanks to angelmom, as well, for analysis of potential liability.)

Prosecutors do have very wide latitude however, and government immunity extends to much of the case preparation process. I believe in order to get him they will have to show personal liability above negligence - malice/intent/lying, etc. The same with the City. Correct me anyone, if I am wrong.

Eve

 

[Jeana (DP)]

Prosecutors do have very wide latitude however, and government immunity extends to much of the case preparation process. I believe in order to get him they will have to show personal liability above negligence - malice/intent/lying, etc. The same with the City. Correct me anyone, if I am wrong.

Eve

You're right Eve. I think the families have a pretty good case though!!

 

[eve]

You're right Eve. I think the families have a pretty good case though!!

I do too Jeana! I hope they pursue it.

Eve

 

[T-Rex]

There's a pretty good article in Newsweek.
http://www.msnbc.msn.com/id/18110003/site/newsweek/

Since the case has received so much coverage already, there are a few questions that I think still need answering.

"The player then brandished a broomstick and said, "Use this"—or words to that effect." Which player?

"Meanwhile, one of the players took some of the dance money she'd left behind in her inebriated state." Which player?

"One player shouted back, "We asked for whites, not n-----s." Which player?

I have thought from early on that there was no rape. But that's not the same as everyone there being "innocent."

 

[angelmom]

There's a pretty good article in Newsweek.
http://www.msnbc.msn.com/id/18110003/site/newsweek/

Since the case has received so much coverage already, there are a few questions that I think still need answering.

"The player then brandished a broomstick and said, "Use this"—or words to that effect." Which player?

"Meanwhile, one of the players took some of the dance money she'd left behind in her inebriated state." Which player?

"One player shouted back, "We asked for whites, not n-----s." Which player?

I have thought from early on that there was no rape. But that's not the same as everyone there being "innocent."

Did you actually read this entire article? I would encourage everyone to do so, but try to clear your desk of projectiles first. You will be tempted to throw things.

The only things I could find that anyone did wrong in the whole evening were:

1) underage drinking (better start building more jails if you're going to bust all the college and high school kids for this one)

2) hiring a stripper (not something I would do, but not illegal that I know of)

3) suggesting the strippers use a broomstick since they had no sex toys with them...AFTER the women suggested that the men's d***s were "too short." No indication that this was any of the three who were charged.

4) someone (none of the three charged) took some of the $800 paid to the girls for 2 hours of dancing after they only danced for 5 minutes. Evans insisted it be returned to the girls anyway. Goes in the plus column.

5) using the "n-word" to the strippers AFTER the liar called them "short d**** white boys." (do we see a theme here?) Inappropriate, rude, racist, but also not illegal. Also, no indication that it was any of the three who were charged.

Compare that to what the women, the police, Duke, the media, and especially Nifong did. All could potentially be charged, sued, or both.

Underage drinking vs. ruining your life and costing you thousands in legal bills.

Sure. Let's call it even. :sick:

 

[mister happy]

Did you actually read this entire article? I would encourage everyone to do so, but try to clear your desk of projectiles first. You will be tempted to throw things.

The only things I could find that anyone did wrong in the whole evening were:

1) underage drinking (better start building more jails if you're going to bust all the college and high school kids for this one)

2) hiring a stripper (not something I would do, but not illegal that I know of)

3) suggesting the strippers use a broomstick since they had no sex toys with them...AFTER the women suggested that the men's d***s were "too short." No indication that this was any of the three who were charged.

4) someone (none of the three charged) took some of the $800 paid to the girls for 2 hours of dancing after they only danced for 5 minutes. Evans insisted it be returned to the girls anyway. Goes in the plus column.

5) using the "n-word" to the strippers AFTER the liar called them "short d**** white boys." (do we see a theme here?) Inappropriate, rude, racist, but also not illegal. Also, no indication that it was any of the three who were charged.

Compare that to what the women, the police, Duke, the media, and especially Nifong did. All could potentially be charged, sued, or both.

Underage drinking vs. ruining your life and costing you thousands in legal bills.

Sure. Let's call it even. :sick:

Excellent post, Angelmom. I'm so sick of people nit-picking on these guys in spite of all that's happened. It's like comparing a toothpick to a redwood tree.

 

[angelmom]

Okay, this is interesting. This site is actually criticizing this woman b/c she is/was (???) John Edwards' official blogger (didn't know there was such a thing). Don't care...but look at what she is saying about the Duke case. And CNN.

Are people really this stupid?

http://www.overlawyered.com/2007/02/meet_john_edwardss_new_blogger.html

 

[angelmom]

And this one...

http://www.timeswatch.org/articles/2007/20070326114135.aspx

 

[tezi]

I am so sick of the Rev. Al Sharpton I could puke. He doesn't help any situation, he makes it worse. No, I am not a racist, but I am sick and tired of hearing about how my forefathers brought slaves over from Africa. That's not my fault, I wasn't here then. I live in a place that is about 80% black and the rest Anglo. And believe me, racism is alive in well in the 80%. I'm sure the good Reverend has a lot to do with the attitude. God created us all equal, but Al Sharpton seems to think that's not true either.

The accuser needs charges filed against her. She ruined three lives. Yet, Jesse Jackson is paying for her to go to college. She'll do it again, just watch. Someone like Nifong will believe her and more lives will be ruined.

Nifong needs to be disbarred and put in prison. He lied, which puts him in the same category as the accuser.