Prosecutor's Silence on Duke Rape Case Leaves Public With Plenty of Questions

NY Times ^ | 06/12/06 | By DUFF WILSON and JONATHAN D. GLATER

[Perdogg]

DURHAM, N.C., June 9 — When a woman hired to dance at a Duke University lacrosse team party claimed that members of the team raped her, Michael B. Nifong, the district attorney for Durham County, responded with an aggressive, unflinching and very public investigation.

"There's no doubt in my mind that she was raped and assaulted at this location," Mr. Nifong said on national television after the case surfaced in March. Mr. Nifong called other lacrosse players "hooligans" who had aided, abetted or covered up for the rapists. Local police officers seemed equally certain that they had a horrific crime to solve.

But in the intervening months, the case has come to appear far less robust. Three players have been indicted, but evidence that has surfaced, much of it turned over to defense lawyers by prosecutors and then filed in court with defense motions, has thrown the woman's claims into doubt. Mr. Nifong, so vocal at first, has refused to speak publicly about the case since the beginning of April.

[Jezebelle]

I'm afraid I don't understand your post at all. Sorry.

[rawhide]

How about Black running as an Independent? She would get the Republican votes and the Democrats who voted for her. Nifong might not be normal. Some talking heads have wondered if the AG will step in and take the case away from him.

I also suggested this days ago. I would like to see it happen. You may be right, she would probably get the Pubs vote and a good percentage of her primary Dem supporters. She seems to be a tough lady taking on her former boss in the Dems primary. By the way, anyone know why she left the DA office, wasn't it having to do with a parking spot or something after Nifong took over?

[Alia]

Yes, it is.

And something else for your reading interests, FR dated 05-14-2006:-- frnips:

Commissioner Lewis Cheek agreed with the comments made by Lavonia Allison, head of the Durham Committee on the Affairs of Black People, who said more money needs to be distributed to more faith based and new nonprofit agencies. Cheek said that city housing officials need to ensure that all of the money received is spent.

"I know in many years we have not spent the money we got" and had to send it back, he said. "That is inexcusable."

IN OTHER BUSINESS

The Board of Commissioners voted 5-0 Monday to move forward in an eminent domain process to take property from two companies to build a courthouse and a parking lot.

In a closed session, commissioners voted just past 11 p.m. to start the process to take property owned by the U-Haul Real Estate Co. at 247 S. Mangum St. and the Scarborough & Hargett Funeral Home at 306 S. Roxboro St.---end snips

Something else I still haven't gotten to the bottom of quarely settling: IS THIS THE SAME JOHN LEWIS???--frnips:

"A sit-in movement had been planned for quite some time by the Student Non-Violent Coordinating Committee (SNCC), under the leadership of John Lewis. The Greensboro Four beat them to the punch; unled, untrained, and inexperienced, they took it on themselves to challenge the system. Their act of heroic non-violent protest followed up on the promise of the Montgomery bus boycotts, and sparked a nationwide sit-in movement which took the struggle for civil rights to its most basic level. They forced white America to take its finger out of the dike, and the deluge followed.--end frnips.

The current John Lewis, possibly running against Nifong, would be about in his 50s? The Greensboro "riot", inspired by the Communist party against the KKK happened in 1978. Happened 28 years ago. And led by a "student".

Haven't gotten verification nor "null" on this, yet.

[TexKat]

Isn't Crystal's mom's maiden name Cheek?

56. 26 Feb.1789; Ack: Feb. Ct. 1789. JOHN & SALLY CHEEK to their dtrs. NANNY (NANCY?) & POLLY CHEEK. Gift of negroes & land. Wit: HENRY ALSTON, ROBT. TYS. CHEEK, JAMES BARROW & FRANCIS PERSON.

ABSTRACTS OF WARREN CO., N. C. WILL BOOK 5

[TexKat]

Surname CHEEK--Margaret Durham wrote a book about her grandfather LANDON CHEEK who was married to the daughter of a village chief in Malawi Africa. Book Titled-the Bones of my Ancestor's. May be of use for you.

http://www.afrigeneas.com/forum/index.cgi?noframes;read=53224

[Protect the Bill of Rights]

We have all read about the call girl operation being run out of the DPD. Do you know of any arrests and prosecutions?

I have looked all over, but cannot come up with any details except that Judge Stephens called in the feds.

[Protect the Bill of Rights]

from another board (is that allowed? Oh well)

http://forums.go.com/abclocal/WTVD/thread?threadID=120295

Friend of Kim
Author: dkparent

I found this posted on another board by one of Kim's former friends:

"You know I was pretty much undecided about the case until the identity of the second dancer came out. I know Kim, personally, we worked together at Qualex (that's the company she ripped-off) for years. We were part of the same employee clique and spent many a weekend night getting drunk together. IOW - I know her quite well. I always like her as a person, but I never trusted her. Especially after the whole embezzlement fiasco, which she lied to my face about (she told us that she got fired because she failed a random drug screening). Later on my opinion of her dropped even lower when a beef developed between Kim and my then girlfriend, now wife. Its personal and complicated, but the gist of the matter was that Kim accused my wife of being a racist because my wife wouldn't drive her (2 and a half hours one way) to Wilmington for a friend's wedding.
I haven't spoken to Kim in about two years, though, so I was totally stunned to find out that she was a stripper. I wasn't, however, surprised that she was trying to get money out of the situation.
Anyway, I agree with your prediction wholeheartedly, Nifong will drop the case as soon as he is politically able."

Doesn't prove anything regarding this case, but some interesting comments about Kim's past from someone who knows her.
Posted: 6/12/06 5:04 PM

[managusta]

Lets say if Nifong drops the case tomorrow then the defense is entitled to all of his files as they are public property, video,phone taps an awful lot more than what Nifong has handed over to the defense so far.

In those documents, if there is any misbehavior in any shape or form by Nifong and the Durham Police then the Town will have to absorb the costs of litigation including attorney fees.

Hence IMHO it can be assumed that the Mayor has had a tete a
tete with Nifong and one can be assured that the interview was one sided and left Nifong with a tender rear end. Which gives us the old term "interview without coffee."

[cherry]

"So WHY the silence? Is he trying to figure out how to worm his way out of prosecuting the case?"

a proper DA should NOT be talking about the case except in very vague terms.....

Defense lawyers ala Geraghost shoot off their mouths before trials trying to introduce "theories" and excuses and also try to taint the victim so the jury pool is spoiled....we all remember the Brown van and the hippies or Satanists or whoever Geraghost was trying to pin Laci's murder on.....

this DA is differant in that he shot his mouth off with nonsense and innuendo well before any defense lawyers spoke up.....he pronounced the Duke players guilty from day one...period...

so now, he's quiet only means to me is that he has no case whatsoever, that all his predictions about DNA were lies as well as the "injuries" as well as the drug theory....he can't face up to his lies at this point....

[Jezebelle]

No, if Nifong drops the case tomorrow, the defense is not entitled to it automatically. It's work product and property of the DA's office. The defense would need a court order to get to see it at that point.

[Mike Nifong]

I did see something on that posted an article. I know of the investigation, but nothing after that.

Maybe a resignation, instead of arrest and prosecution?
I can only speculate.

[abb]

Six black professors departing from Duke

http://www.herald-sun.com/durham/4-743610.html

[abb]

Pinging with fresh information....

http://www.herald-sun.com/durham/4-743613.html

Nifong's lacrosse subpoenas come under fire

By John Stevenson, The Herald-Sun
June 12, 2006 9:43 pm

DURHAM -- A lawyer representing nearly three dozen Duke lacrosse players has filed another motion seeking to throw out subpoenas issued by District Attorney Mike Nifong last month.

In the May 31 subpoenas, Nifong demanded that Duke University turn over the home addresses of 47 lacrosse players and two other students, and also campus identity-card data that could track their whereabouts around the time of the alleged sexual assault the night of March 13.

Citing the same grounds, at least two other lawyers previously filed motions to quash Nifong's May 31 subpoenas.

Lawyer Bob Ekstrand, representing 33 un-indicted lacrosse players, said in a newly filed court motion that Nifong lacked judicial permission to issue the subpoenas.

As a result, the subpoenas were unlawful and violated an ethics opinion of the N.C. State Bar, according to Ekstrand.

"In the present case, the District Attorney unilaterally subpoenaed federally protected confidential records ?without any authority whatsoever," Ekstrand wrote.

"The purpose of having a judge make the determination of whether the subpoenas should be issued is obvious; only a neutral judicial official can weigh the necessity of disclosure of the information against the significant privacy interests [of the students]," he added.

"Further, in this case it is essential that the balancing of those interests must be done on an individualized basis. The District Attorney must offer a factual basis as to each particular individual whose private information he seeks to obtain. Here, as he has from the beginning, the District Attorney lumps a group of individuals together, and gives no explanation for their inclusion in the group he has fashioned. The only identifiable commonality among the group listed here is their status as a current or former student at Duke University."

Beyond that, the information sought by Nifong is protected by the Family Educational Rights and Privacy Act, according to Ekstrand.

[Alia]

Thank you, TexKat.

[Alia]

Kim accused my wife of being a racist because my wife wouldn't drive her (2 and a half hours one way) to Wilmington for a friend's wedding.

One more time for the record....

Kim accused my wife of being a racist because my wife wouldn't drive her (2 and a half hours one way) to Wilmington for a friend's wedding.

lol, pathetic.

[Alia]

From article you link to:

Last week, 15 professors from around the country joined the debate, now more than two months old. They signed a letter to Lange, saying his reply to [Houston] Baker "assumes a lofty and condescending position of White authority,"

This "white authority" bs is right up there with Kim Robert's:

Kim accused my wife of being a racist because my wife wouldn't drive her (2 and a half hours one way) to Wilmington for a friend's wedding.

Kim and these professors haven't reached adulthood yet; still operating at adolescent levels while walking about in so-called "adult" bodies. Once upon a time in America, psychologists would have described them as being EMOTIONALLY STUNTED.

[Protect the Bill of Rights]

Of course, we have no idea if that poster was on the level, but my gut feeling is that he is. It fits right in with her courthouse performance.

[Alia]

True. And my gut feeling that it is true is for the same reasons as you provide: It fits Kim's "nature". It's all about Kim and whatever she can "get" out of anything.

[Locomotive Breath]

Like Mangum, Cheek is another one of those common names around here.

[maggief]

http://www.newsobserver.com/102/story/450049.html


Duke prof: Rape case needs new prosecutor
He says Nifong should step aside


James Coleman, the Duke law professor who led the university's investigation of the lacrosse program, says evidence presented by defense lawyers has made him question whether District Attorney Mike Nifong is too personally invested in the case.

"I don't think he's showing detached judgment," Coleman said Monday. "I personally have no confidence in him."

Without opinion polls, it is difficult to gauge public confidence in Nifong.

Local newspapers and national TV talk shows have been filled with criticism of his handling of the case.

But amid the criticism, the career prosecutor won the Democratic primary for an unchallenged spot on the Nov. 7 ballot.

Since then, Nifong has refrained from public statements about the investigation. He declined comment Monday on Coleman's proposal.

Coleman's call for a special prosecutor comes at a time when a Durham lawyer and county commissioner Lewis Cheek is contemplating a write-in campaign against Nifong, in part because of the way the lacrosse case has been handled.

(snip)

"There is no question that this case has done damage to the greater Durham community, to Duke University, to the alleged victim and her family and to the lacrosse players and their families," said Eugene Brown, a City Council member who lives near the Duke East Campus.

Coleman said he's followed the case closely in the newspapers but hasn't spoken with any of the lawyers involved. He said he was disturbed by the transcript of the identification procedures, where a police officer told the accuser that she was about to look at photos of everyone who attended the party.

"The officer was telling the witness that all are suspects, and say, in effect, 'Pick three,' " Coleman said. "It's so wrong; it had to be done for a reason other than identification."

(snip)