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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 :

http://liestoppers.blogspot.com/

"...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!"


TOPICS: Local News
KEYWORDS: duke; dukelax

1 posted on 09/23/2006 8:32:33 AM PDT by CondorFlight
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To: CondorFlight

Mindboggling.


2 posted on 09/23/2006 8:36:38 AM PDT by mtbopfuyn (I think the border is kind of an artificial barrier - San Antonio councilwoman Patti Radle)
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To: mtbopfuyn


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?)"


3 posted on 09/23/2006 8:42:10 AM PDT by CondorFlight
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To: CondorFlight

A Durham case from 2002 (when Hardin--now a judge--was DA; he was a mentor to Nifong):

http://www.monkeytime.org/archive/September2002.html#durhamDNA

"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."

http://www.monkeytime.org/archive/October2002.html#durhamDNA2

"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."


4 posted on 09/23/2006 8:47:08 AM PDT by CondorFlight
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To: CondorFlight

http://liestoppers.blogspot.com/


is really biased against Nifong, but an interesting/fun read anyway. I'll enjoy reading it, so thanks.


5 posted on 09/23/2006 8:52:03 AM PDT by YaYa123
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To: CondorFlight

Nixon should have tried that...


6 posted on 09/23/2006 8:55:28 AM PDT by P-40 (Al Qaeda was working in Iraq. They were just undocumented.)
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To: CondorFlight

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!


7 posted on 09/23/2006 8:56:12 AM PDT by Nevadan
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To: Nevadan

"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).

http://www.iape.org/Headlines/Headlines2004_12.html

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".

http://www.nabj.org/front/story/856p-1358c.html

Durham operates more like a banana republic than any other place in the USA. . .


8 posted on 09/23/2006 9:04:32 AM PDT by CondorFlight
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To: YaYa123

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.


9 posted on 09/23/2006 9:06:13 AM PDT by bjc (Check the data!!)
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To: bjc
"Biased means at a minimum that they are distorting objective facts."

Perhaps I shouldn't have used "biased" to describe this site...I'll keep reading there, to refine my adjectives.

10 posted on 09/23/2006 9:08:52 AM PDT by YaYa123
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To: bjc

The only certain thing to come out of this fiasco, is that my kids will not be going to school in NC.


11 posted on 09/23/2006 9:11:03 AM PDT by patton (Sanctimony frequently reaps its own reward.)
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To: Nevadan

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.


12 posted on 09/23/2006 9:23:37 AM PDT by Cicero (Marcus Tullius)
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To: CondorFlight

Unbelievable! Was this deliberate? The police dept had to know these tapes were important. Why were they not pulled out of the loop?


13 posted on 09/23/2006 9:46:45 AM PDT by rawhide
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To: patton

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.


14 posted on 09/23/2006 10:01:53 AM PDT by bboop (Stealth Tutor)
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To: bboop
But they are not "let off". This circus has ruined their lives.

Nifong needs to be prosecuted, under "Deprivation of Rights Under Color of Law."

15 posted on 09/23/2006 10:13:42 AM PDT by patton (Sanctimony frequently reaps its own reward.)
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To: patton
Are corrupt prosecutors ever called to account?

The one in the Wenatchee sex abuse circus still holds that job. The one who did the Amiraults is head of Common Cause. Then there was one in Florida named Janet Reno...

The Richmond Times Disgrace won't even publish the names of prosecutors or cops who incompetently or maliciously railroad innocent people. Wouldn't want to embarrass our rulers, I guess.
16 posted on 09/23/2006 10:47:31 AM PDT by AlexandriaDuke (Conservatives want freedom. Republicans want power.)
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To: patton

I'd like to see Nifong prosecuted, too. I think the guys have a great case.


17 posted on 09/23/2006 10:50:08 AM PDT by bboop (Stealth Tutor)
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To: AlexandriaDuke
Unfortunately, not that I ever heard of.

"Liberty and Justice for all."

What a joke.

18 posted on 09/23/2006 10:50:42 AM PDT by patton (Sanctimony frequently reaps its own reward.)
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To: Cicero
What does a tape cost, a couple of bucks?

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.)

ML/NJ

19 posted on 09/23/2006 10:52:07 AM PDT by ml/nj
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To: bboop

They have a great case, they just have no standing. You can't sue a DA for malfeasence, that I know of.


20 posted on 09/23/2006 10:52:13 AM PDT by patton (Sanctimony frequently reaps its own reward.)
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To: Nevadan

You make a really excellent point. I would think you'd keep tapes like that for at least a year.


21 posted on 09/23/2006 11:09:02 AM PDT by jocon307 (The Silent Majority - silent no longer)
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To: abb

Ping.


22 posted on 09/23/2006 11:09:32 AM PDT by Alia
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To: P-40
Nixon should have tried that...

At least for more than 18 minutes.

-PJ

23 posted on 09/23/2006 11:09:40 AM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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To: P-40
In DA law school they must learn the fundamentals of putting together a good case. This entails selecting and "preparing" evidence and witnesses. This involves shaping, forming, and carefully molding it to fit the case theory. There is also the process of elimination in which nonconforming evidence is mislaid, lost or destroyed "accidentally". There is the careful and often fruitful working and reworking of the "story" ie, testimony. This entails the threatening of the witnesses, the offering of unsavory deals, the promising of further punishment for those requesting a trial by jury, and the effort to remove any competent defense attorney from the case. Tape erasing as taught by Ms. Lincoln has been replaced by document and evidence removal taught by Mr. S. Burger. As always, the rule is this: it is not the quality of the evidence, but the seriousness of the charge that is important.
24 posted on 09/23/2006 11:30:04 AM PDT by Binkmeister (A little knowledge is a dangerous thing)
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To: CondorFlight
Some links to go with this thread:

http://liestoppers.blogspot.com/2006/09/duke-hoax-hearing.html

http://durhamwonderland.blogspot.com/2006/09/das-tough-day.html

http://liestoppers.blogspot.com/2006/09/sue-rose-goes-to-duke-hoax-hearing.html

http://liestoppers.blogspot.com/2006/09/enemy-of-people.html

25 posted on 09/23/2006 11:50:44 AM PDT by Ken H
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To: patton
The "innocent" boys are suffering the consequences of their own acts. Let's put it into perspective.

A bunch of college students hired a couple of hookers to perform at their party. Inevitably it got out of hand. 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. It too got out of hand.

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.
26 posted on 09/23/2006 11:51:45 AM PDT by R.W.Ratikal
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To: CondorFlight

So they got orders from higher up that the whiteys were to be convicted at all costs. Nothing the left does surprises me.


27 posted on 09/23/2006 11:59:18 AM PDT by Leftism is Mentally Deranged ("Liberalism" is more dangerous to normal civilized people than jihadism.)
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To: ml/nj

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.


28 posted on 09/23/2006 12:06:55 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: hoosierham
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.

ML/NJ

29 posted on 09/23/2006 12:39:25 PM PDT by ml/nj
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To: bjc
Nifong is a huge embarrassment for the state of North Carolina. Why the governor, who appointed Nifong, allows the circus to continue is a mystery.
30 posted on 09/23/2006 12:44:17 PM PDT by ladyjane
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To: R.W.Ratikal
The "innocent" boys are suffering the consequences of their own acts.

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.

31 posted on 09/23/2006 12:52:36 PM PDT by Ken H
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To: ml/nj

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.


32 posted on 09/23/2006 12:56:44 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: ladyjane

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.


33 posted on 09/23/2006 1:00:50 PM PDT by Sue Perkick (The true gospel is a call to self-denial. It is not a call to self-fulfillment..John MacArthur)
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To: ml/nj

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.


34 posted on 09/23/2006 1:04:42 PM PDT by Cicero (Marcus Tullius)
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To: CondorFlight

Good gad.


35 posted on 09/23/2006 1:05:45 PM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: R.W.Ratikal

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.


36 posted on 09/23/2006 1:11:54 PM PDT by streeeetwise
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To: Sue Perkick
And I don't understand why they allow this to continue. A lot of parents are not going to send their children to Duke because of this. Duke was dipping into their waiting list almost immediately.

I would never drive in the area near Durham. I wouldn't want to get involved with their kangaroo courts and their corrupt police.

37 posted on 09/23/2006 1:27:46 PM PDT by ladyjane
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To: ladyjane
We struck Duke off our list immediately (and they had scholarship money and my mom is an alum.)

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.)

38 posted on 09/23/2006 1:32:47 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: ladyjane
I agree. Duke should have stood by these boys. Until the evidence proved otherwise, they had an obligation to do that. But Broadhead & the school couldn't bail fast enough. They sold them out & I'm ashamed of them for it. Broadhead should be fired. I don't think he could receive enough public humiliation to make up for what he's done. No parent who loves their child should even consider Duke at this point.

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.

39 posted on 09/23/2006 1:41:55 PM PDT by Sue Perkick (The true gospel is a call to self-denial. It is not a call to self-fulfillment..John MacArthur)
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To: hoosierham
The stack of tapes in the cabinet continue to hold their information even after the recorder croaks.

Audio tapes die too, I'm afraid. And I'm told, CD's and hard drives deteriorate, eventually.

:(

40 posted on 09/23/2006 2:55:29 PM PDT by AlexandriaDuke (Conservatives want freedom. Republicans want power.)
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Comment #41 Removed by Moderator

Comment #42 Removed by Moderator

To: AlexandriaDuke

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.


43 posted on 09/24/2006 3:31:20 PM PDT by hoosierham (Waddaya mean Freedom isn't free ?;will you take a creditcard?)
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To: ps2

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.


44 posted on 09/24/2006 5:19:51 PM PDT by jennyd
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To: AnAmericanMother

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.


45 posted on 09/24/2006 5:23:32 PM PDT by jennyd
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To: jennyd

Guess Brodhead figured the prez of Armenia couldn't do him any harm . . . unlike the city fathers in Durham . . .


46 posted on 09/24/2006 5:28:29 PM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: R.W.Ratikal

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?


47 posted on 09/25/2006 1:36:43 PM PDT by devilsadvocate85
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To: bboop
I'd like to see Nifong prosecuted, too. I think the guys have a great case.

I'd settle for him being tarred and feathered.
48 posted on 09/26/2006 11:17:02 AM PDT by JamesP81 (The answer always lies with more freedom; not less)
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To: CondorFlight


You know, the FBI might be able to restore the original tape...


49 posted on 09/26/2006 2:15:11 PM PDT by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
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To: R.W.Ratikal

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?


50 posted on 09/26/2006 2:18:06 PM PDT by Xenalyte (Viva Espaņa!)
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