Author Topic: Nolle Prosequi, Duke lacrosse team  (Read 2953 times)

El Tejon

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Nolle Prosequi, Duke lacrosse team
« on: April 11, 2007, 05:08:13 AM »
Charges FINALLY dismissed against the remaining Duke lacrosse team members.

http://sports.espn.go.com/ncaa/news/story?id=2832824

RALEIGH, N.C. -- The Duke lacrosse saga may finally be coming to a close.

Three members of Duke University's lacrosse team will learn Wednesday afternoon whether state prosecutors will drop the remaining charges accusing them of sexually assaulting a stripper at a team party, ESPN's George Smith and ABC News are reporting.

"I think it's likely that they will do that," Wade Smith, an attorney for charged player Collin Finnerty, told The Associated Press. "We certainly hope that would be true."

The office of North Carolina Attorney General Roy Cooper said the announcement would be made Wednesday afternoon. Cooper took over the case in January after the local district attorney was accused of several ethics violations tied to his handling of the sensational case.

The three players -- Reade Seligmann, David Evans and Finnerty -- were facing charges of first degree kidnapping and first degree forcible sexual offense. After the party on the night of March 13, 2006, one of two dancers hired to perform claimed she had been violently raped in a bathroom by members of the lacrosse team.

All three have steadfastly maintained their innocence, with Evans calling the allegations "fantastic lies."

Durham County District Attorney Mike Nifong dropped the rape charges in December after the accuser changed a key detail in her story, and recused himself a few weeks later after the state bar charged him with several ethics violations tied to his handling of the case.

The North Carolina State Bar is scheduled to hold a hearing on Friday to consider a motion to dismiss the charges against Nifong. Among the ethics charges, Nifong is accused of withholding potentially exculpatory DNA evidence from the defense and lying to both the court and bar investigators. Nifong faces a June trial before the bar and could be disbarred if convicted.

Nifong's recusal put the players' fate in the hands of Cooper, who promised "a fresh and thorough review of the facts" when he took over the case in January.

There were signs earlier Tuesday that an announcement from Cooper might come soon. Seligmann, 21, of Essex Fells, N.J., and his family arrived at Raleigh-Durham International Airport, and Smith said the Finnerty family was also expected to arrive later Tuesday from their home in Garden City, N.Y.

"We are not going to have any expectations until we hear officially," Smith said. "When we get the word, we'll have the word."

Evans' attorney, Joseph Cheshire, declined to comment when asked if his client was planning to be in Raleigh on Wednesday.

Meanwhile, The Baltimore Sun reported on Wednesday that parents of Duke team members have asked if the university will pay the legal fees, estimated as high as $3 million, incurred by the families of the accused players.

The Sun, citing family members present at a meeting between them, Duke president Richard Brodhead and Robert Steel, the chair of Duke's board of trustees, the request was neither granted nor refused.

While Evans, 24, of Bethesda, Md., graduated the day before he was indicted in May, Duke temporarily suspended sophomores Finnerty and Seligmann in the wake of their arrest. Finnerty, 20, was also convicted in July in an unrelated assault case in Washington, D.C., and sentenced to six months' probation.

Finnerty and Seligmann were both invited to return to campus, but neither has accepted. John Danowski, the former coach at Hofstra who took over the Duke program last summer, has also said that both are welcome to continue their lacrosse careers with the Blue Devils.

Finnerty's father said it has been a "horrific" year, and said odds were low that his son would return to Duke.

"The waiting process is wearing us down emotionally," Finnerty's father, Kevin Finnerty, in a telephone interview. "We take comfort in the fact that these prosecutors are searching for the truth. And that's different from how we felt before their involvement."

 police police police

What a horrific debacle.  No wonder people hate lawyers, the criminal justice system and the government so.
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Chris

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #1 on: April 11, 2007, 05:10:15 AM »
And, as an ex-prosecutor, I hope they fry that D.A.  Son of a B sold his honor and integrity for political points.  He earned not only disbarrment, but criminal charges, in my humble opinion.

Vile Nylons

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #2 on: April 11, 2007, 05:59:06 AM »
I don't know if I'd want anything to do with the school considering how it treated them. If I was those guys I'd be suing the shorts off not only the prosecutor [if that is possible] but the school as well. This is one case where there would be nothing frivolous about taking them to court.

Perd Hapley

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #3 on: April 11, 2007, 06:07:34 AM »
I was just wondering what these guys have left after being treated like rapists for, uh, how long has it been now?  Their path now seems clear - sue, sue again, book deal, option for a film if possible, use the cash to hire more strippers* and finish their educations, move on with life. 

*White strippers, that is.
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El Tejon

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #4 on: April 11, 2007, 06:38:23 AM »
The sky should turn legal-pad yellow over North Carolina.
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HankB

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #5 on: April 11, 2007, 09:37:48 AM »
These guys were facing, what, 25 years in prison?

IMHO both Nifong and the stripper ought to serve that time in the pen.

Nifong's assistants - who wouldn't stand up to him, despite being sworn officers of the court - also ought to be disbarred.

. . . What a horrific debacle.  No wonder people hate lawyers, the criminal justice system and the government so.

Destroying respect for the law and those who purport to enforce it, a few people at a time.  sad
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Leatherneck

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #6 on: April 11, 2007, 09:46:22 AM »
Question for El T and Chris:

Nol Pros=?"charges dismissed"?

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Stand_watie

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #7 on: April 11, 2007, 09:59:52 AM »
These guys were facing, what, 25 years in prison?

IMHO both Nifong and the stripper ought to serve that time in the pen.

Nifong's assistants - who wouldn't stand up to him, despite being sworn officers of the court - also ought to be disbarred...
Destroying respect for the law and those who purport to enforce it, a few people at a time.  sad

Starting out with the caveat of the assumption that what I've read of the case is correct and not missing a lot of relevant information, I agree with that sentiment.

Criminals who abuse positions of authority (whether they be crooked prosecutors, cops or even jill citizens falsely crying "rape") do far more damage to our legal system than all the F. Lee Bailey's combined.
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El Tejon

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #8 on: April 11, 2007, 10:38:17 AM »
Nolle Prosequi="will no further prosecute", stop pursuit, charge/case dismissed.
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Matthew Carberry

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #9 on: April 11, 2007, 10:41:52 AM »
I was just wondering what these guys have left after being treated like rapists for, uh, how long has it been now?  Their path now seems clear - sue, sue again, book deal, option for a film if possible, use the cash to hire more strippers* and finish their educations, move on with life. 

*White strippers, that is.

Yeah, there's no way they're getting on the professional lacrosse circuit now.  sad

wait...   laugh
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El Tejon

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #10 on: April 11, 2007, 10:45:27 AM »
890 AM, WLS, Chicago, just announced that special prosecutor stated that the defendants were "innocents" and there was no evidence that an attack transpired.

What a debacle!
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Leatherneck

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #11 on: April 11, 2007, 10:51:26 AM »
Quote
What a debacle!
Couldn't agree more. There seem to be scumbags in every walk of life, but politician-wannabes are the lowest.

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TexasRifleman

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #12 on: April 11, 2007, 01:08:44 PM »
Quote
tated that the defendants were "innocents"

That's huge.  I expected the usual "not enough evidence to prosecute" but not the word innocent.

That word is rarely used by AGs.  I suspect it was used to keep out of the lawsuits that should follow.

Niphong needs to go down hard.

What I'd like to know is if these boys have a Civil Rights suit against the Reverend ( I use the term loosely) Jackson and the like who called them every name in the book.

El Tejon

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #13 on: April 11, 2007, 01:24:16 PM »
TR, civil rights action is unlikely against Jackson (he's not a state actor), however defamation against Jackson and the media would be right on target IMHO.
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Ezekiel

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #14 on: April 11, 2007, 01:41:11 PM »
I will say this, once: you still have to wonder about the overall intelligence of hiring some reluctant strippers to come throw a drunken mash/bash party at an off campus location...

That said, they didn't rape anyone, they were just stupid and acted above the law...
Zeke

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #15 on: April 11, 2007, 02:55:14 PM »
Don Imus should have them on his show to discuss the perils of nappy headed hos

HankB

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #16 on: April 11, 2007, 03:03:16 PM »
I will say this, once: you still have to wonder about the overall intelligence of hiring some reluctant strippers to come throw a drunken mash/bash party at an off campus location...

That said, they didn't rape anyone, they were just stupid and acted above the law...
Reluctant strippers? First time I've heard THAT word used to describe them.

Above the law? Strippers are illegal? The new prosecutor said they were innocent, meaning that they acted within the law, not above it.

As for participating in a group drunk . . . that's never been a mark of high intelligence, so I'll concede the point.
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woodcdi

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #17 on: April 11, 2007, 03:37:12 PM »
I think Ms. Magnum needs to suffer the consequences of her false accusations. Such abuse of the justice system should be as equally harsh as the alleged crime would have warranted.

Woody

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Ezekiel

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #18 on: April 11, 2007, 03:45:22 PM »
You make some great points yourself, friend.

I merely meant that -- by what they said afterward -- I can only presume the strippers were "reluctant."  Of course, we don't really know WHAT hapened, do we?  I've just, typically, not modified my story about what went down somewhere unless I wished something else had occurred...

I will say this, once: you still have to wonder about the overall intelligence of hiring some reluctant strippers to come throw a drunken mash/bash party at an off campus location...

That said, they didn't rape anyone, they were just stupid and acted above the law...
Reluctant strippers? First time I've heard THAT word used to describe them.

Above the law? Strippers are illegal? The new prosecutor said they were innocent, meaning that they acted within the law, not above it.

As for participating in a group drunk . . . that's never been a mark of high intelligence, so I'll concede the point.
Zeke

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #19 on: April 11, 2007, 05:59:45 PM »
In my ideal world any governmental official using the power and money of a government to wrongly attack an innocent party should be forced to endure the punishment the innocent party would be subject to.  In this case the Duke players were up for 25 years.  IMNSHO Nyfong should be put away for 25 years.  This kind of governmental thuggery needs to be smashed, violently and suddenly and publicly.  A free society can not tolerate what Nyfong did.

That said, NC has a lot of dirt on its skirt.  I've said before.  I'll say now,  And I'll say in the future:  Nyfong was not a rogue.  He was not out of control.  Nyfong was operating according to Standard Operating Procedure for DA's in NC.  They routinely bugger forensic evidence to provide non-contestable justification for their decisions.  The ME has no oversight.  What the ME says, goes.  SOP in criminal cases are routinely ignored.  X-rays are lost.  Evidence disappears.  Medical conclusions are mysteriously made contrary to evidence. 

If you are ever on the receiving end of such nonsense you quickly learn there ain't one damned thing you can do.  The ME is the means by which a pre-determined result on the part of the DA is justified then placed beyond question. 

When the AG of NC bigfooted the Duke case he was accomplishing two objectives.  First he was reacting to very bad press for the state.  Second, the AG was to keep the investigation from going any further than Nyfong.  I'll say it again:  Nyfong was operating according to SOP.  NC does not want any investigation of other jurisdictions in the state.  They will find exactly the same pattern.  The innocent will be prosecuted and the guilty will be exonerated.

I hope something good comes of the Duke travesty, but I doubt it.

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TexasRifleman

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #20 on: April 11, 2007, 06:58:46 PM »
Quote
Of course, we don't really know WHAT hapened, do we?

I read in one interview today with a "friend" of Miss Mangum that she was looking forward to the trial so SHE could find out what happened that night. shocked

mountainclmbr

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #21 on: April 12, 2007, 05:38:05 AM »
It doesn't give people much confidence in the system.
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El Tejon

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Re: Nolle Prosequi, Duke lacrosse team
« Reply #22 on: April 12, 2007, 05:40:57 AM »
Ez, I'm with Hank.  Why do you say that the Duke students acted "above the law"?

I do not understand that phrase in this context?
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