Here's the link: http://www.msnbc.msn...week/?nav=slate
Alright, from the get go I had serious doubts about this "alledged rape". But was willing to wait and see what evidence the DA actually had. Apparently all he has is the word of the alledged victim...who has already changed her story several times.
court documents in the case increasingly suggest that Durham County District Attorney Mike Nifong had very little evidence upon which to indict three players for rape. Indeed, the available evidence is so thin or contradictory that it seems fair to ask what Nifong could have been thinking when he confidently told reporters that there was "no doubt" in his mind that the woman had been raped at the party held by the lacrosse team.
He was obviously trying to get the black vote for his re election, now that he is re elected he can't very well dismiss this...even though the evidence so far says that these boys are innocent.
I heard that the DA can't be sued by the boys he charged, even if it's proven that is was malicious prosecution...to me that doesn't seem right, or fair...but life rarely is either. But at the very least this DA NEEDS to be fired. He's prosecuting innocent boys, just to further his image, and career.
"I am convinced that there was a rape, yes sir," Nifong said on "The Abrams Report" on MSNBC on March 28. The next day he told a local TV station, WRAL, "My reading of the report of the emergency-room nurse would indicate that some type of sexual assault did in fact take place."
Pretty neat trick, his reading that report...Especially considering this little information. So apparently this DA isn't all that honest.
It appears that Nifong had not actually seen the medical reports when he talked to reporters on March 29 about "my reading of the report of the emergency-room nurse." The medical report was not turned over to the police for another week, on April 5.
The alleged victim, who has not been publicly identified, was said to have been choked, beaten and kicked, to have been penetrated orally, anally and vaginally over a 30-minute ordeal. But the woman's own statements to police and to medical personnel were contradictory, and the physical evidence does not appear to support her claims or the police affidavit.
I can understand her statements being off...somewhat. After such a tramatic experience. But, when the medical reports don't cooberate your story something is fishy.
Another stripper had accompanied the woman to the lacrosse party that night. The alleged victim told the nurse that the other dancer, Kim Roberts, had stolen her money and "assisted the players in their alleged sexual assault," according to a defense lawyer's affidavit. Interviewed by police, Roberts initially said her partner's account of being raped was "a crock" and that the two women had been separated less than five minutes at the lacrosse players' house. Later, Roberts changed her story and said that a rape might possibly have taken place. But that was after Nifong had helped her get favorable bail treatment for violating probation (she had pleaded guilty to embezzlement charges in another case).
It also doesn't help when the second dancer changes her story after getting special help from the DA. Especially since her original statement makes a rape so much less likely.
But Nifong's motives may have been political as well. He was six weeks away from an election when the Duke case came up. Durham voters are almost evenly divided between black and white. One of Nifong's opponents was black and the other was white, but the white lawyer was much better known in the community, thanks to winning a high-profile murder case. (That opponent, former assistant D.A. Freda Black, became a bitter enemy of Nifong's after, she claims, Nifong fired her.) Nifong promised black voters that he would not let the Duke case drop. He indicted two of the players two weeks before the election. He won narrowly, taking a larger share of the black vote than the other white candidate.
Ah, so his motives are becoming clear. This man NEEDS to be fired. And if there is any way the innocent boys whose lives he has ruined can sue...they need to. Nifong shouldn't be allowed to just ruin innocent people's lives for his own personal enjoyment and gain.
But the accuser chose from photos of the 46 white lacrosse players on the team—a multiple-choice test, as it were, with no wrong answers. She said that she was "100 percent" sure of Finnerty and Seligmann, but would have been sure of the third indicted player, David Evans, if he were wearing a mustache. Evans has never grown a mustache, says his lawyer, Joe Cheshire. In the material turned over by the prosecutor, defense lawyers found a note that the accuser had been unable to pick Evans out of an earlier photo display composed of Evans and several "fillers," or strangers. Whether she was able to identify Seligmann or Finnerty out of other photo displays is unclear.
So she looked at the same boy in different photos...and only the second time picked him out...and that whole mustache thing....
Since it seems highly unlikely that Nifong will drop this case, when it does go to trial, I think the defense lawyers are going to destroy Nifongs evidence, and case in record time. But that still doesn't change the fact that this DA has ruin the lives of 3 innocent men. He should be held accountable for that.