Skip to comments.DA: Alleged Duke Rape Took 5-10 Minutes
Posted on 09/22/2006 1:20:40 PM PDT by Howlin
Three Duke lacrosse players took five to 10 minutes to sexually assault a woman hired to perform as a stripper at a team party, and not the 30 minutes she originally described to investigators, a prosecutor said Friday. "When something happens to you that is really awful, it can seem like it takes place longer than it actually takes," District Attorney Mike Nifong said.
Nifong's comments came as Superior Court Judge W. Osmond Smith III denied a defense request that prosecutors provide a detailed accounting of the alleged assault, including the exact time, place and type of sexual act the accuser said each defendant committed.
A grand jury has indicted three lacrosse players _ Reade Seligmann, 20; Collin Finnerty, 19; and David Evans, 23 _ on charges of rape, kidnapping and sexual offense. The accuser, a student at nearby North Carolina Central University, told police she was raped in a bathroom by three men at a March 13 off-campus party. Defense attorneys have strongly proclaimed the players' innocence.
Kirk Osborn, who represents Seligmann, said the defense needed the "bill of particulars" because the accuser has told several different versions of the alleged assault, and his client has a right to know which version prosecutors will present at trial. In search and arrest warrants issued early in the investigation, police stated the accuser told investigators she was assaulted for 30 minutes.
Nifong said he is not required to state the exact time of the alleged attack, but offered that authorities believe it took place between 11:30 p.m. on March 13, when the accuser arrived at the party, and 12:55 a.m. on March 14, when police arrived and found no one at the house.
Friday's hearing was the first since Smith was appointed to take over the case, and it was scheduled to continue Friday afternoon.
Before the hearing began, Nifong gave defense lawyers 615 pages of evidence, a compact disc and a cassette tape. He said it included much of what was requested by defense lawyers, who had asked for handwritten notes from police officers involved with the case, reports outlining procedures used at the labs that tested the DNA of the players and notes from a mental health facility where police took the accuser after the party.
Remember early on in the first or second hearing when Osborn, I think stated that the boys went outside the next morning and collected all of the stuff the AV dropped and brought it back inside. They subsequently led the cops with the search warrants to the items, which were collected.
Also we noted early on that it seemed queer that Kim had amended her statement to indicate the path she took when she went back into the house to locate Precious' stuff. This seemed to indicate the cops were thinking that the stuff wasn't back there as the boys had stated, cause Kim didn't see it when she went back inside.
Kim's amendment 1:45 after the original statement---
The point in time where I went to get Precious things from the house, I walked to the back of the house thru the side of the house outside. I enter the house from the outside from a back door. I looked in the bathroom to retrieve her things but could not find them. I exited the house the same way I came in, along the side of the house to my car without finding any of her itemsIn the same motion is a typed copy of Hinman's notes in which he almost verbatim restates Kim's hand written statement except for this interesting piece
From Hinman's notes...
03/22/06 - 1240HRS KIM PITTMAN CAME TO TALK ABOUT THE INCIDENT. This discrepancy seems a bit odd to me.. Maybe just a wording issue. When I read Hinman's statement it sounds like he's saying that she said they looked around the back of the house. And why would she amend her statement to include the path she took to get back into the house?
...BUT KIM DID NOT SEE HER THINGS. I MADE AN ATTEMPT TO GET HER THINGS. SHE STATED SHE GOT HER THINGS AND LOCKED THE DOOR WITH PRECIOUS INSIDE. SHE WENT TO THE BACK OF THE HOUSE TO TRY TO RETRIEVE HER BAG. SHE LOOKED AROUND WITH DAN BUT WAS UNABLE TO FIND ANYTHING
Another minor, by maybe telling discrepancy between Kim's written statement and Hinman's transcription.
There was a knock on the door and we were handed too drinks of equal amounts. We did sip the drinks but Precious cup fell into the sink. Hinman's transcription
THERE WAS A KNOCK ON THE DOOR AND WE WERE HANDED TWO DRINKS OF EQUAL AMOUNTS. SHE STATED SHE SIPPED THE DRINKS (RUM AND COKE SHE THINKS) BUT PRECIOUS CUP FELL INTO THE SINK SPILLING THE CONTENTS, SHE THINKS THE VICTIM HAD A COUPLE DRINKS FROM HERS BUT SHE WAS NOT SURE. Both of these deviations from Kim's written statement may be irrelevant, but they seem to be more suggestive of a theory the cops were postulating. They could also mean that Kim said one thing and wrote another. But I really can't imagine the cops not having her clear up those items, especially after having her do the first revision.
Duke leaders discuss 'toll' of lacrosse case
BY WILLIAM F. WEST, The Herald-Sun
September 29, 2006 11:09 pm
DURHAM -- "It was the best of times, it was the worst of times ..."
The chairman of Duke University's Academic Council, Paul Haagen, cited Charles Dickens' classic, "A Tale of Two Cities," at a Board of Trustees meeting Friday, when referencing Duke's national academic eminence and the trying times resulting from the Duke lacrosse rape case.
While saying that the university remains "the envy of American higher education," Haagen also addressed the lacrosse scenario.
"There is no question that, for some in our community, this experience has taken its toll. The ties that bind have become a little frayed in places, and in others a little too binding," Haagen said.
Three 2005-06 players -- David Evans, Collin Finnerty and Reade Seligmann -- deny committing rape, kidnapping and sexual offense against a dancer in connection with charges surrounding events at an off-campus lacrosse team party March 13 in Durham.
Haagen told trustees there will be demands for greater accountability.
They may come from government, the press and public and "predictably will challenge some of our established ways of doing things, both those that are merely comfortable and traditional, and those that go to core values," he said, citing freedom in scholarship and teaching.
Some of them, Haagen warned, will be poorly conceived and others won't be real demands for accountability, "but just the latest round of 'gotcha journalism' or political opportunism."
Duke student government president Elliott Wolf told the trustees that, as undergraduates, the most painful part has been discussing their wonderful experiences at the university with others, yet witnessing the talk inevitably shifting to the lacrosse story.
"We have decided the best course of action is not to directly respond to allegations associated with the lacrosse team and further associate the word 'Duke' with the word 'lacrosse,'" he said.
Earlier Friday, five panelists from a Campus Cultural Initiative committee formed in the aftermath of the allegations discussed whether Duke should continue "steady as she goes" or make changes.
The Rev. Canon Sam Wells, Dean of Duke Chapel and one of the panelists, said he believes the university is in the third of three chapters.
The first chapter, Wells said, ran from the 1920s to the late 1950s, with the world -- as seen by Duke -- run by a particular class, race and religious tradition and summed up in one word: "Privilege."
The second chapter, Wells said, was the 1960s, with the bastion being broken down by those who had been "wrongly" excluded in the previous chapter.
"We're in chapter three," he said. "And what I felt was probably going on in the spring was a bit of nostalgia from some groups from chapter one, when you knew what rules the were and everything was well with the world."
Combined with that, Wells said, was "a bit of nostalgia" from chapter two, when protest was the form of exchange and there was a sense of accomplishment by minorities.
"The difficulty, I think, is if we're in chapter three, where do we go from here?" he said.
The more specific questions, Wells said, are whether to replay or get into a "nostalgia fest" about the first two chapters or try and find a new language, new goals and a new identity.
"To me, this is a wonderful opportunity, not just for this campus, but for all who look to Duke as either an example or as a fellow partner in a conversation," he said.
Duke President Richard Brodhead announced the Campus Cultural Initiative in April. He anticipates seeing a preliminary report by December, with a final document expected by the spring.
URL for this article: http://www.heraldsun.com/durham/4-774370.html
NAACP race widens to two
By Emily Coakley, The Herald-Sun
September 29, 2006 8:17 pm
DURHAM -- The Rev. Duane L. Hoskins announced Friday that he plans to run for president of the NAACP Durham branch.
"I had been planning to do this for several years," Hoskins said Friday. "Now more than ever we need some changes."
Earlier this month the Rev. Charles D. Smith, who has served as the branch's president for two years, said he would not seek another term after the current one ends in December.
One of Hoskins' priorities is to have the NAACP serve as a link between residents and agencies. With housing, education and health particularly, local agencies and entities are available to help, but people don't often know about them, he said.
With education, he'd like to see more programs that are alternatives to school suspensions, more continuing education and more people have access to earning their GEDs.
Hoskins has lived in Durham since 1982 and is working on a master's degree in divinity at Apex School of Theology.
He is an associate minister at Ebenezer Missionary Baptist Church, and was an associate minister at Christian Home United Church of Christ in Apex.
He is involved in a number of organizations, including the Religious and Human Affairs Committee at the Durham Committee on the Affairs of Black People, and the Durham Capital Improvement Board.
After three Duke University lacrosse players were accused of raping a N.C. Central University student at an off-campus party earlier this year, Hoskins said he formed a coalition of students from the two universities and Durham Technical Community College.
"All the parties are cooperative and willing to build and rebuild relationships," Hoskins said, adding that he doesn't think people have noticed that willingness.
A Unity Fest planned for this fall is an example of that coalition's work, he said.
So far, two people have announced plans to run for president of the NAACP branch.
Fred Foster Jr., political chairman for the Durham branch, stated his intentions earlier this month.
URL for this article: http://www.heraldsun.com/durham/4-774357.html
Nifong is the one who has shown disrespect
I must respond to Kim Brummell's letter of Sept. 23. She said, "some lacrosse supporters have the nerve to say DA Mike Nifong is dividing the community."
I am not a lacrosse supporter, but I support fairness. If Brummell believes District Attorney Mike Nifong is not dividing Durham, then obviously, she doesn't get out much. She also referred to the players' "disrespectful behavior."
Why is it wrong for the young men to show disrespect, but it's all right for Nifong?
Most of the times I have seen him on TV, he is laughing. It's no joke or laughing matter to ruin young men's lives in the manner he has, apparently for his political gain. It would serve him well, to conduct himself with dignity, as his predecessor Jim Hardin did.
When Hardin was prosecuting Michael Peterson, he treated him and his attorneys with respect. He may have laughed behind the scenes, I have no way of knowing if he did or did not, but he didn't when the cameras were on him. The crimes these young men are charged with in no way meet the sadistic murder of Michael Peterson's wife. Yet, Peterson was treated respectfully.
The sad part about this is, unless either Lewis Cheek or Steve Monks change their Election Day plans, the votes of people like me will be divided between the two men, thus keeping Nifong as DA.
September 30, 2006
"Duke student government president Elliott Wolf told the trustees that, as undergraduates, the most painful part has been discussing their wonderful experiences at the university with others, yet witnessing the talk inevitably shifting to the lacrosse story."
"We have decided the best course of action is not to directly respond to allegations associated with the lacrosse team and further associate the word 'Duke' with the word 'lacrosse,'" he said."
Duke used to like to be associated with the word 'lacrosse'. They had a championship team. They still had one, until they dismissed the coach and scattered the players.
Now they don't want to be associated with justice, the innocence of their students, or the defense of their students' rights against a legal lynching. And they use this as an excuse--that they are trying to disassociate the university's good name from the scandal in the public mind; so for the sake of that higher goal they won't respond to anything about the hoax.
Haagen's and Wells' hand-wringing are based on the premise that a crime actually occurred on March 13/March 14 at 610 Buchanan. The basis for their pontificating disappears entirely if, as I do, you believe the evils that actually transpired was an ambitious, sociopathic DA run amok and a FA contributing to a hoax, a gross miscarriage of justice and the vicious character assasinations on 3 young men.
An eqully valid interpretation of the events would lead to a very different Chapter 3 of Wells magnus opus, one that details how liberal guilt and political correctness led Brodhead, many Duke professors and Durham LE to reject any notion of the keystone of our jurisprudence - "innocent until proven guilty" - and to sacrifice the futures and lives of three young students.
The crying shame is that when these three students are legally acquitted, Brodhead, Nifong et al are unlikely to be held to account for their various abuses, cowardice, ethical lapses and, in case of the DA, actual criminal activities.
"The Rev. Duane L. Hoskins announced Friday that he plans to run for president of the NAACP Durham branch. "
Until the Durham NAACP cares to explain why it shared a podium with the NBBP and the NOI, where Shabazz was permitted to give the keynote address, and everyone was addressed as 'brother and sister' inside a Christian church (yet where evidently the mandatory criteria for inclusion in 'brotherhood' and 'sisterhood' was the color of one's skin, and not any unanimity of religious belief), I want nothing to do with that organization.
I hoped they liked Shabazz's speech. He calls for the total extermination of all whites, especially Jews, and heads up a certified hate group.
How would a white church that invited the head of the Klan to be their keynote speaker be treated?
When groups like the NAACP fail to speak up for and defend the rights of everyone, they appear hypocritical and only inflict damage on race relations. They appear to pick sides in any fight, with their only criteria being color.
The Durham NAACP has done more to build mistrust among whites and blacks than the Klan did in all the past 50 years.
Apparently, this is part of a traveling dog and pony show. Mrs. Recall and I were invited to attend an alum event in Washington on November 8. The sorry lot of characters noted in this news article are planning to speak and field questions. Mrs. Recall and I are thinking about going wearing Duke lacrosse t-shirts and hats.
The attitude of Brodhead and his lackeys that there "nothing to see here, move along" is sickening. They already had to dip deep into its waiting list this year and the real hit comes in the next cycle; how many students are taking Duke off their list of schools to apply to because of this debacle? Every student and parent with a lick of sense will hesitate before applying, let alone accepting an offer of admission. I better stop because I'm starting to get agitated again.
I'm going to think about the questions I will ask Brodhead on November 8, any any suggestions are appreciated.
Dr. Brodhead, when will you resign after the three Duke students are acquitted?
Dr. Broadhead, at what point exactly did you become the prosecutor, judge and jury of the Duke LAX students?
Dr. Broadhead, what will you say when you meet the parents of the students after the latter are acquitted?
Xexox off on color paper a little flyer to be placed on each table (and put them there as if you are delegated to do so, at each place setting) :
Martin Luther King quotes :
"In the end, we will remember not the words of our enemies, but the silence of our friends."
"The hottest place in Hell is reserved for those who remain neutral in times of great moral conflict."
"Injustice anywhere is a threat to justice everywhere."
"A right delayed is a right denied."
"He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it."
"The moral arc of the universe bends at the elbow of justice."
"The time is always right to do what is right."
"I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character."
"It may be true that the law cannot make a man love me, but it can stop him from lynching me, and I think that's pretty important."
And then have the URL of Liestoppers and FODU and some other good blogs listed at the bottom as "suggested for further reading".
Rachel Shack Speaks Out
Rachel Shack, a Trinity College junior and women's lacrosse player, penned a remarkable essay (Duke Chronicle) that offers more sound judgment on the role of athletics at Duke than the post-March writings of the combined membership of the arts and sciences faculty.
At Duke Law School the faculty has been buzzing about the case, according to professor James Coleman, who chaired a committee to investigate the lacrosse program.
"You've got a prosecutor playing to race," he says. "It's disgusting. If he's willing to [make race an issue] to go after what he thinks are three white kids with influence, what will he do going against some poor black kid in a case where people are saying, 'You've got to convict somebody?' To me, a prosecutor who's willing to cut corners in any case is a prosecutor who's subverting justice."
I read her article. Very, very well written and reflects and emotional and educational maturity far beyond anything the faculty and administration has shown. It's becoming obvious that Duke gets exceptionaly bright, well motivated kids (including athletes) and the faculty is beneath them.
These are great ideas! Keep 'em coming . . .
I suggest you wear these:
I finally got mine and believe me, people ask about them. ;-)
SATURDAY, SEPTEMBER 30, 2006
"If [Seligmann] wasn't there, he doesn't have to worry about it." -
Kim Roberts Mike Nifong
It is difficult to decide whether this comment is frightening, ridiculous or both. Delivered so nonchalantly, this statement from District Attorney Mike Nifong sends shivers regardless of how it is taken. While we all wish there were some veracity to Mr. Nifong's words, it is clear that this statement holds no truth, and is but a thinly veiled, sarcastic threat upon an innocent young man.
10/1 NandO Nifong story excerpt. They must be running the story tomorrow and this slipped through.
This will be very interesting. The excerpt published so far shows an attorney out of his depth, yet has no clue that he is in over his head. I will wait until the whole article is published before commenting further but I can see where this is headed.
God help the citizens of Durham and students of Duke.
One theory that has emerged is the Nifong is a complete idiot, but has been able to get away with it since (1) Durham is a relatively small town and (2) Nifong is petty, mean and vindictive. I'm really looking forward to reading more of his trial history because what I saw showed someone who had no business in a court room. Shows a guy who should stick with traffic court and leave felonies to the adults.
Rape trial begins in woman's stop at service station
Author: JALEH HAGIGH; The News & Observer, August 4, 1994
DURHAM -- Attorneys painted contrasting portraits Wednesday of a Durham man accused of repeatedly raping a woman two years ago at the Hillsborough Road gas station where he worked.
Timothy Malloy went on trial in Superior Court this week on charges of rape, forcible sexual offense and committing a crime against nature. He could be given a maximum of two life sentences if convicted of the charges.
In opening statements, prosecutors portrayed Malloy as a
violent man who raped the victim at gunpoint after she walked into the gas station store to use the phone April 24, 1992.
He forced her into the rear of the store, raped her several times and then went to wait on customers while she cowered in the back, prosecutors said.
But Malloy's attorneys told jurors the woman was drunk and belligerent that night and that she agreed to have sex with him in exchange for a ride home. Malloy wasn't armed and even asked the woman if he could use a condom, the defense contends.
The state's case might be hampered by the fact that a prosecutor and a police detective accidentally erased parts of two cassette tapes that will be offered as evidence. The tapes contain telephone conversations between the victim and her friends that night, including one in which she said she had been raped.
In tearful testimony Wednesday, the 31-year-old woman said she and some friends had been drinking and dancing that night at Blue Chips, a nightclub at the Durham Hilton.
She said she got drunk and realized when the bar closed that her friends had already left. She started to walk home alone about 2 a.m. and stopped at a Phillips 66 station on Hillsborough Road to use the phone.
Malloy was working behind the counter and allowed her to make several calls, she said. She was unable to reach her friends immediately and left irate messages on their answering machines.
At one point, she said, she asked to use the phone again and Malloy said, "This time it's going to cost you." She said he then pulled out a small handgun.
After locking the doors, she said he motioned her into a back room where he forced her to commit oral and anal sex on top of some flattened cardboard boxes. She said he wore a condom although he never asked for her permission.
"What was going through your mind?" prosecutor Mike Nifong asked.
"I was very frightened," she replied in a low voice. "I was just clenching the cardboard hoping he would stop soon."
She also testified that she is homosexual and denied defense claims that she wanted to have sex with Malloy that night.
Public Defender Robert Brown Jr. said the woman wanted to continue having sex with Malloy and even asked him to visit her at Satin Dolls, a now-defunct club that featured topless dancers where the woman had worked as a waitress.