Wednesday, May 24, 2006

 

After the Discovery Process, the Defense Speaks

Durham DA Mike Nifong's case against three Duke lacrosse team players has taken a blow to the chin from which it may not recover (although Diomedes and I think the case will limp on until after November, just for the face saving).

Here are highlights from a FoxNews story:

Defense sources also say the accuser admitted to having had sexual intercourse with at least three men around the time of the alleged attack. According to those sources, when investigators questioned her after DNA tests on the semen found inside her body did not match any of the Duke players, the accuser gave police the name of her boyfriend and two men who drove her to her dancing engagements.

[...]

According to the sources, the papers handed over by Nifong also reveal that the forensic nurse who did a gynecological exam on the accuser did not find abrasions, tears or bleeding in the vaginal area, which is often present in forcible rapes. They say she did find swelling in the vaginal area along with tenderness in the accuser's breasts and lower right quadrant.

OK, let's review. Despite the confidence of the DA that DNA would reveal the identity of the attackers--zip, nothing. No match. Neither time. The only sperm recovered (from the regular place) was from the boy friend. The drivers with privileges must have wisely used condoms. But there was always the ace in the hole; the press always repeated the rape kit results (consistent with assault) like a mantra, except it's not consistent with a forcible rape by three guys. The rape kit is only consistent with the accuser having sex with her boyfriend and drivers. Tender breasts--don't make me laugh. That's consistent with menses, not rape. There is nothing yet about examination of the accuser's anus. She said two of the boys bu-fued her. I'm no expert here, but wouldn't that leave a mark? Are the findings about that area there but the papers are too chicken sensitive to print it?

So, to finish the review. Huge credibility problems with the accuser, no corroboration by anyone, different versions of the story including denial that any rape occurred. No DNA, and no injuries to her tender areas consistent with a violent, 30 minute gang rape.

Oh, and the identity is tainted and wrong (no moustache) and all of the accused have pretty good alibis including robot time stamped photos, etc.

This may be the single worst rape accusation I have ever heard.

UPDATE: The Washington Post has chimed in taking a careful path of neutrality on the issue whether there was any rape (with one glaring exception), but stating, in any case, the white men are guilty of racism. Which white men you ask? All of them.

At a news conference given by one of the defendant's attorneys in Durham, community activist Victoria Peterson raised a question she has heard privately: Did the partyers specifically request black dancers that night? Peterson's question was ignored.
"White men have always been fascinated with black women over the years. That's nothing new," says Peterson, who launched Durham Citizens Against Rape and Sexual Abuse in response to this case. With outlets such as BET and others portraying African American women as highly sexed, "young white boys, they want to touch, they want to see," Peterson says.


The Washington Post is into the physical injuries to the accuser's nether regions stating: ...a forensic nurse examined the woman at the Duke University Hospital emergency room and found "signs, symptoms and injuries consistent with being raped and sexually assaulted vaginally and anally," a court document says.

Court document says injuries to vaginal area. The defense says: ...the forensic nurse who did a gynecological exam on the accuser did not find abrasions, tears or bleeding in the vaginal area, which is often present in forcible rapes. They say she did find swelling in the vaginal area along with tenderness in the accuser's breasts and lower right quadrant.

Whom to believe?

Comments:
The Jury?
 
I am ready to lay odds that this never gets to a jury. Like Kobe's prosecution, it will peter out into a straight dismissal. You can bet me in koruna. I have a thousand koruna that the case is dismissed. What is that $5?
 
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