Skip to comments.Police destroyed evidence in Duke Lacrosse case
Posted on 09/23/2006 8:32:32 AM PDT by CondorFlight
UNREPORTED by any of the major media, but--
Apparently police have already destroyed evidence in the Duke lacrosse case :
"...the "highlight" of the Duke Hoax hearing came with the announcement by the prosecution that the recordings of all Durham Police Department radio calls for March 13th and 14th had been destroyed.
"It seems Durham Police Department tape use policy calls for tapes to be reused after 60 days. So, even though tapes were requested in April 28th motion by the defense, and ordered by Judge Stephens on May18th,
"the prosecution now maintains that the tapes were destroyed on or after May 13th, just five days or less before Judge Stephens order. Yep, we believe that! The defense indicated that they could call all the officers to testify as to their recollection of those radio calls.
"This was met with the assertion that the police could not be expected to recall their radio communication with accuracy at such a late date. LieStoppers can only wish that all police officers had the same amazing memory and recall powers as Sergeant Gottlieb does!"
An earlier rape case prosecuted by Nifong--
(reposted from another poster)
"The "alleged" victim made two calls the night of the incident to a friend and the messages left had "accidentally" been voiced over briefly by a female ADA and a DPD detective.
The prosecution initially tried to argue that they could be trusted to vouch for whose voice was on the tape but the judge agreed with the defense that an expert needed to be called in. The expert verified that the voice of the ADA was on the tape.
Needless to say the suspect, a former correctional officer was acquited. BTW, the alleged victim did happen to work at a naked bar and Duke Hospital found no injuries consistent with rape, no signs of anal penetration as was alleged nor any physical signs of a beating. (Anything sound familiar?)"
A Durham case from 2002 (when Hardin--now a judge--was DA; he was a mentor to Nifong):
"9.20.02 - Ok, you tell me if this doesn't sound weird: There's a trial going on right now in Durham, according to the Herald-Sun, in which DNA samples taken from a man accused of rape don't match DNA samples taken from inside the victim. . .
(Simons) told jurors that Brown voluntarily gave DNA samples that did not match samples from the victim. Nor did pubic hairs surrendered by Brown match...In addition, the victim initially told authorities that she thought her white cousin (not Brown, who is AA) was the intruder...
When the cousin was arrested, duct tape and other incriminating items were found in his car and on his property...(but) District Attorney Jim Hardin Jr. gave the cousin "complete immunity" to testify against Brown, Simons told jurors. . .
"... The white cousin who was initially fingered by the rape victim strikes a deal for immunity with the D.A. in order to testify against a black guy whose DNA doesn't match the DNA found inside the victim? ... It's difficult to understand why the guy being charged with rape is apparently not the one whose semen was found inside the victim."
"10.2.02 - Update on that Durham rape trial... the suspect, who'd spent a full year in jail awaiting trial, was completely acquitted of all charges. . . The jury foreman, Howard Williams, Jr., had extremely harsh words for the prosecution, describing the trial as "a waste of time":
"We all wondered what we were doing there," he said of himself and fellow jurors. "The evidence was nonexistent. ... I can't understand why that man spent a year in jail when there was no evidence whatsoever against him. It made no sense to us. Where's the justice?"
" Given the strange deal-making in the case... is it fair to wonder - without engaging in moronic cop-bashing - how often this kind of thing happens in Durham, or in other Triangle jurisdictions? I think it is."
is really biased against Nifong, but an interesting/fun read anyway. I'll enjoy reading it, so thanks.
Nixon should have tried that...
re: Durham Police Department tape use policy calls for tapes to be reused after 60 days
If this is indeed the policy, it is ridiculous to begin with! The concept of a "speedy trial" is an ideal that rarely occurs. I imagine that the percentage of trials taking place within the window of 60 days is quite small. Meanwhile, if the Durham Police Department routinely reuses these tapes after only 60 days, it seems to me that they are routinely complicit in destroying important evidence. If the Durham Police Department is so impoverished that they can't afford a supply of tapes then, just maybe they should do something to raise money for them. Heck! They could hold a bake sale once a year!
"Heck! They could hold a bake sale once a year!"
They do hold regular police auctions. But almost all of the money raised goes into the hands of a few select individuals (one gets about 50% of the money).
When a reporter tried to talk with this individual about another case, and left two phone messages for him, he was jailed and charged with "harrassment".
Durham operates more like a banana republic than any other place in the USA. . .
Biased - can you show one instance where Liestopper has not been correct when they called Nifong on something? Biased means at a minimum that they are distorting objective facts. I have seen none. Nifong continues to be a terrible advertisment and embarrassment for LE and the Durham Community.
Perhaps I shouldn't have used "biased" to describe this site...I'll keep reading there, to refine my adjectives.
The only certain thing to come out of this fiasco, is that my kids will not be going to school in NC.
Obviously it makes sense to reuse tapes after a reasonable amount of time has passed, EXCEPT when a case goes to trial.
Then the S.O.P. should surely be to preserve those tapes until it is certain they will no longer be needed. They are EVIDENCE, and it is KNOWN that they are evidence.
What does a tape cost, a couple of bucks? I think the department budget could afford it.
Unbelievable! Was this deliberate? The police dept had to know these tapes were important. Why were they not pulled out of the loop?
Perhaps this is Nifong's way of getting out of this whole fiasco. Get the police to destroy the evidence, there is no case. He doesn't have to appear like the FOOL he is in this, the players are let off.
Nifong needs to be prosecuted, under "Deprivation of Rights Under Color of Law."
I'd like to see Nifong prosecuted, too. I think the guys have a great case.
"Liberty and Justice for all."
What a joke.
Why are they using tape at all? It should be fairly easy to come up with a system that records everything digitally, and then compresses the recording to some relatively low bitrate MP3 file once a call is over. You might be able to store many man-days worth of calls on a single DVD disc. (BTW, I used to use a lot of open-reel tape, and still have many open-reel recordings, but I haven't recorded anything to tape in four years or more.)
They have a great case, they just have no standing. You can't sue a DA for malfeasence, that I know of.
You make a really excellent point. I would think you'd keep tapes like that for at least a year.
At least for more than 18 minutes.
So they got orders from higher up that the whiteys were to be convicted at all costs. Nothing the left does surprises me.
Just like paper ballots,tape is independent of the machine breaking down,and is more difficult to fake.
Too many people think digital is now the only answer;you need to look at what features of the old system you lose with the switch.
I lost noise, and the inconvenience of a fixed length of tape. I record live operas (mostly Met Broadcasts). My recordings sound almost as if I were sitting in my accustomed spot in the orchestra. I gained virtually free media, and ease of duplication. Sometimes newer is better.
As for faking digital audio, I'm not sure it's as easy as photoshoping a picture.
Why the "" around innocent? Is there any question in your mind that they are innocent of the rape charges? They are suffering the consequences of racial and gender politics by a DA pandering to a RAT mob.
Let's put it into perspective.
Yes, let's (see prior comments re a RAT mob).
A bunch of college students hired a couple of hookers to perform at their party. Inevitably it got out of hand.
They asked for strippers, which is not illegal in Durham County or NC, AFAIK.
The hookers were not paid what they thought they should have been paid and so one of them tried a trick she had tried once before, run to the police and claim you were raped.
What is the basis for making that claim, or are you just speculating? Don't you think it more likely that she made up the rape story to avoid involuntary confinement?
In the meantime a politician tried to get votes from Blacks by "defending" this "young woman" who had been taken advantage of by 46 men.
Congratulations on getting that one correct. Regrettably, it cannot salvage the rest of the post and I am forced to give it an F.
The stack of tapes in the cabinet continue to hold their information even after the recorder croaks. When the weeks old digital recorder croaked at my industrial site we lost all the security videos (the installers had NO idea how to ,or if, the video could be recovered.
Sometimes newer is both better and worse.At least horse manure was good for crops unlike automobile exhaust.
We just need to be sure of all the tradeoffs.
I'm still trying to figure out why he appointed Nifong in the first place. Surely there was some other dummyrat lurking in the shadows of Durham far more qualified to try criminal cases.
Evidently they have some old equipment.
It had occurred to me that they could put the relevant parts of the two tapes into digital form and then put it on CD, with witnesses to testify that nothing was altered.
But there's nothing like the original evidence to convince a jury. Otherwise, the Prosecutor could probably persuade them that it wasn't reliable.
You are a sick person. At least two of the Defendants did not hire anybody and just showed up and had a beer with teammates and then left.
I would never drive in the area near Durham. I wouldn't want to get involved with their kangaroo courts and their corrupt police.
Mom's mad as fire and has stopped giving to her alma mater, and I would never send my daughter into such a corrupt place (where the university authorities went right along with Nifong's charade and didn't even attempt to defend their students.)
I had planned to go to Durham next spring for an anniversary. But I wouldn't dream of it now. Might get pulled over for a broken tailight and never find my way back out of the system.
Audio tapes die too, I'm afraid. And I'm told, CD's and hard drives deteriorate, eventually.
Books rot,stone weathers,........
The funny thing is that the technology for reading data changes so fast that the machine to read it may not exist in a decade orso except in landfills as the "new" tech takes over.
Re:the Austrian ploice puzzled at how to read info from the kidnappers Commodore;I suppose they couldn't access the (non-exisent) hard drive etc.
Of course this N.C. situation sounds like it got ersaed accidentally on purpose.
If LBJ had tapes he would have just destroyed them and dared the Republican s to do something but Nixon was more hesitant.
Some police departments might, but obviously not DPD. To find out what was on those destroyed tapes, defense attorneys would have to interview the police officers, and of course, after all this time, even if they officers were totally honest, what would they remember? Sick. Defense asked for this evidence to be preserved, and police destroyed it, just the same.
There is no way the Duke three can get a fair trial, isn't it obvious? It is to me.
Well, to be fair to Duke, had this happened in Armenia, Brodhead surely would have interfered. Yep, that's right. When Duke student was arrested in Armenia, Brodhead personally wrote a letter to the president of Armenia, asking him to interfere on behalf of that student. Believe it or not.
Guess Brodhead figured the prez of Armenia couldn't do him any harm . . . unlike the city fathers in Durham . . .
Since when did the consequences of underage drinking and hiring strippers become being arrested and having to post a $400,000 bond?
Inevitably? Do you have any idea how many times private strippers perfom where nothing at all happens?
Join us in reality land soon ok?
You know, the FBI might be able to restore the original tape...
Did they rape the girl?
If not, they are innocent of the crime.
Why would you put "innocent" in quotation marks? Do you know something only Nifong is supposed to know?
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