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Duke case lawyer: Try to imagine the pain
Charlotte Observer ^ | 1/28/07 | GARY L. WRIGHT

Posted on 01/28/2007 3:05:24 PM PST by randita

Posted on Sun, Jan. 28, 2007

DUKE LACROSSE CASE

Duke case lawyer: Try to imagine the pain

Defender for 1 of the accused players talks about impact on family

GARY L. WRIGHT gwright@charlotteobserver.com

Charlotte lawyer Jim Cooney is handling the highest-profile case of his career: defending one of three Duke lacrosse players charged with sexually assaulting an exotic dancer a team party last March. The three men -- David Evans, Collin Finnerty and Reade Seligmann -- are white. The woman is black.

Cooney, for the first time since being hired to defend Seligmann, talked in depth about case that fueled racial tensions in Durham, led to the suspension of Duke's lacrosse program and left Durham County District Attorney Mike Nifong facing ethics charges.

Q. How have these three men been affected by the publicity and the allegations?

The best way to answer this question is to ask everyone who may be reading this to imagine how they would feel if their picture -- or a picture of their sons or daughters -- appeared on the cover of Newsweek accused of a crime as heinous and vile as rape. Then I would ask everyone to consider that if the district attorney had succeeded in convicting these young men of all of the crimes with which they had been charged, none of these young men would have been released from prison until they were well into their 50s. They literally would have never seen their parents alive again outside a prison visiting room. It does not take much imagination to understand the daily pain that these young men and their families go through each day these cases are permitted to continue.

Q. Durham County District Attorney Mike Nifong has been accused of withholding evidence favorable to the defendants. The DA eventually dropped the rape charges after the victim changed her story. He now faces ethics charges levied by the N.C. State Bar. What is happening in this case?

I think my answer to this question is better left until the resolution of these cases. Moreover, Mr. Nifong is now the subject of ethics charges by the State Bar, and I think it is important to accord him something that was not given to these young men -- due process and a fair trial.

Q. Do you think we'll ever know what happened during the team party on March 13, 2006?

I feel very confident that we know what happened. I am also confident that there are certain people who will never believe the facts of this case because it does not fit their view of the case or their personal agendas. The simple truth, as the facts show, is that there was no rape, no sex offense and no kidnapping.

Q. What do you believe happened inside that house?

There is little question that this was a party in which a number of young men were engaging in conduct -- drinking, watching strippers -- that is offensive and about which they should have known better. This said, nothing that occurred at that party justifies either jailing these young men for 30 years or the national condemnation and death threats that they received.

Q. Do you think the news media played a role in the players being charged?

The media played a pivotal role in these cases, both in leading the "charge" against the players, and then in the re-evaluation of the cases in light of the objective evidence. There is little question that, fueled by the district attorney's comments and focused on the theme of "privileged white males vs. poor black female," a feeding frenzy developed among the media with one commentator after another competing to outdo each other in their condemnation of the defendants.

The feeding frenzy led to an atmosphere of outrage that not only demanded indictments -- regardless of the evidence -- but was directly responsible for street protests in Durham and in front of Dave Evans' house and the mob that confronted Reade Seligmann at his court appearance, a mob that shouted out death threats.

Q. The DA has taken himself off the case and asked the N.C. Attorney General's Office to take over the prosecution. What do you hope will happen now?

My hope is that all of the charges will be dismissed against all of these young men. My belief is that the prosecutors now reviewing the case will do so professionally and honestly.

Q. What do you make of the tensions of race and gender that this case has exposed?

I think many of these tensions pre-existed this case. Perhaps one of the great tragedies of this case is that the African American community in Durham has historically been one of the most vibrant, prosperous and successful communities in this state, even during the height of segregation. The success and resiliency of that community has been lost in the media frenzy surrounding this case. Regrettably, these cases were hijacked by individuals who had an agenda that had nothing to do with Durham, these defendants or justice. I fear that this case has widened the race and gender tensions that existed before, and so polarized people that any attempt to relieve those tensions has been set back by years.

Q. Will this case change how prosecutors deal with rape cases?

I can't speak for how prosecutors will view rape cases. I do fear that many legitimate victims of rape will not come forward after these cases because their real claims will be met with skepticism. There was a long struggle in this country to force the justice system to take rape cases seriously and treat real victims of rape with the dignity and justice that they deserve. I fear that these efforts have been set back by decades because of this case.

Q. Why do you think this case attracted so much attention?

I think there were really three factors. The first was that this case was a "perfect storm" of race, class and gender issues -- it appeared to appeal to our worst thoughts about male athletes and underprivileged women of color. Second, the district attorney was so adamant and certain in his public statements that these crimes occurred -- and that they were racially motivated -- that even casual viewers could not help but be outraged by it. The third was that a number of constituencies -- both the media and individuals with various race, gender and class agendas -- then seized upon the case for their own purposes. This created a Pandora's box that, once opened, could not be shut.

High-Profile Cases

Charlotte lawyer Jim Cooney defended serial killer Henry Louis Wallace, who was sentenced to death in 1997 for the murders of nine women. Cooney, 49, is a death penalty expert who helped get Alan Gell off North Carolina's death row in 2002 and won him a retrial and an acquittal. Last year, Cooney defended bank executive David Crespi, who was sentenced to life in prison for murdering his 5-year-old twin daughters.

Gary L. Wright


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: North Carolina
KEYWORDS: duke; dukelax; nifong; rape
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Moreover, Mr. Nifong is now the subject of ethics charges by the State Bar, and I think it is important to accord him something that was not given to these young men -- due process and a fair trial.

I feel very confident that we know what happened. I am also confident that there are certain people who will never believe the facts of this case because it does not fit their view of the case or their personal agendas.

The media played a pivotal role in these cases, both in leading the "charge" against the players, and then in the re-evaluation of the cases in light of the objective evidence.

1 posted on 01/28/2007 3:05:26 PM PST by randita
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To: randita

I want Nifong's head on a platter. Period. While the accuser "dances" for me. OK, skip the "dancer".

This to be followed by anyone else in media or politics that stayed on the bandwagon.


2 posted on 01/28/2007 3:11:10 PM PST by Eccl 10:2 (Pray for the peace of Jerusalem - Ps 122:6)
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To: Eccl 10:2

In the words of a mother of one of accused players, "Mr.Nifong, you f****d with the wrong family".


3 posted on 01/28/2007 3:18:39 PM PST by Texas Songwriter
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To: randita

And what is the realistic time frame for the rest of it? The new prosecutors will need some time to get in on the case, before appearing with it in court. How long could this take? After that one could hope for the thing to be dropped or to unravel quickly, within maybe a month or two. And what is the timeframe for nifong being cut down to size?


4 posted on 01/28/2007 3:20:17 PM PST by GSlob
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To: randita

Nifong and the leftist agenda in this case has completely ruined Duke and Durham's reputation. There is no getting it back. If you are from Durham, for the rest of your life, you are from the home of the Duke rape trial. Thank Nifong crooked agenda and DemocRAT politics for that.


5 posted on 01/28/2007 3:20:36 PM PST by advance_copy (Stand for life, or nothing at all)
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To: advance_copy
The idiots on the Duke faculty and in the administration (especially Broadhead, who should have known better) bear a good part of the blame because they threw these kids under the bus without waiting to see how the evidence shook out.

The sad thing is that the only reason these three boys were able to fight the charges is that their families could afford it.

How many working class and poor people has Nifong sent to prison without justification, to fatten his conviction record?

6 posted on 01/28/2007 3:28:13 PM PST by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: randita

Nifong should be disbarred and prosecuted...and then, sued in civil court for everything he's worth!!!!!


7 posted on 01/28/2007 3:39:43 PM PST by GoldenPup
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To: Eccl 10:2

That dancer needs to pay as highly as Nufong.

BOTH have intentionally planned and plotted to ruin the lives of innocent young men.


8 posted on 01/28/2007 3:41:22 PM PST by bannie
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To: bannie

100 % dittos. Incorporate the 88 members of the Duke faculty lynch mob. Each should pay and pay hard.


9 posted on 01/28/2007 3:52:26 PM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: Eric in the Ozarks

This was obscene. Anyone who knowingly participated should be held responsible, commensurate to their knowledge/participation.


10 posted on 01/28/2007 3:56:28 PM PST by bannie
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To: AnAmericanMother

And how many cases will have to be re-opened hbecause of this? Between those expenses and the damages awarded in the likely civil suits, North Carolina could be in big financial trouble.


11 posted on 01/28/2007 4:05:51 PM PST by Emmett McCarthy
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To: Emmett McCarthy

Any defense lawyer worth his salt who had a case prosecuted by Nifong is going to be filing an extraordinary motion for new trial.


12 posted on 01/28/2007 4:07:15 PM PST by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: AnAmericanMother
The Gang of 88 among the Duke faculty is adamant in not backing down one bit, if you can believe the reports. For them the evidence never mattered anyway.

This case shows that no one is safe from being convicted on bogus charges in our justice system, especially if the defendant is white and/or male...the only reason these three students aren't going to prison for 20-plus years is the attention the case got plus the ability of their families to hire good lawyers. Nifong could have gotten away with this.

13 posted on 01/28/2007 4:08:52 PM PST by Verginius Rufus
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To: Howlin; abb

courtesy ping


14 posted on 01/28/2007 4:12:43 PM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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Comment #15 Removed by Moderator

To: 2harddrive

"Both the homely dancer and Nifong need to suffer the ultimate CRIMINAL penalty: death by lethal injection."

What an idiot.


16 posted on 01/28/2007 4:19:24 PM PST by Rb ver. 2.0 (A Muslim soldier can never be loyal to a non-Muslim commander.)
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To: AnAmericanMother

I don't know exactly what an "extraordinary motion" is, but it wouldn't surprise me if these attorneys in these other cases had all their new fees paid by the state. And I hate lawyers as much as the next guy (hell, as much as the next three guys!), but it wouldn't be unreasonable based on the jeopardy, nay, peril, in which Nifong has placed the state.


17 posted on 01/28/2007 4:24:39 PM PST by Emmett McCarthy
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To: bannie

And the moral of the story is don't invite/hire scheming whores to one of your parties.


18 posted on 01/28/2007 4:29:21 PM PST by Farmer Dean (Every time a toilet flushes,another liberal gets his brains.)
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To: GoldenPup
Nifong should be disbarred and prosecuted...and then, sued in civil court for everything he's worth!!!!!

While many of us agree with you, the odds are that he isn't worth two dead flies.

19 posted on 01/28/2007 4:31:14 PM PST by TommyDale (If we don't put a stop to this global warming, we will all be dead in 10,000 years!)
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To: TommyDale; GoldenPup
I think he had long ago transferred all his assets into his wife's name.

Of course, I once knew a guy who did that, and his wife ran off with somebody to California with all his stuff! (served him right - he was trying to avoid paying a richly deserved civil judgment. He was a used car dealer.)

20 posted on 01/28/2007 4:37:44 PM PST by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: Eric in the Ozarks

That's right. The 88 faculty members bear responsibility for this, as does the President of Duke, as does the MSM, as do Sharpton and that other slimebucket he hangs with. Jesse. They should all be sued royally for slander if nothing else. Nifong should be put in stocks.


21 posted on 01/28/2007 4:38:27 PM PST by bboop (Stealth Tutor)
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To: AnAmericanMother

I don't think he has a wife. Supposedly, he's a homosexual. It's said to be a pretty well known "secret" in the Raleigh-Durham area.


22 posted on 01/28/2007 4:58:25 PM PST by conservativeharleyguy (Technically, we're all Republicans)
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To: randita
I am also confident that there are certain people who will never believe the facts of this case because it does not fit their view of the case or their personal agendas.

Yep!

23 posted on 01/28/2007 5:00:05 PM PST by SmithL (si vis pacem, para bellum)
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To: 2harddrive

Did you really write--death? Amazing, truly a wonderment of ignoramous.....Death?


24 posted on 01/28/2007 5:10:39 PM PST by middie
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To: randita
Psychopaths like Nifong are a force of nature like bad weather. The occasional bear or lion who kills and eats a human is not being evil or anything like that, he's just being a bear or a lion; likewise, the Fong was just doing what psychopaths do. Fong did not TURN Durham NC into a seething pool of hate and bigotry, the demokkkrat party did that. The problem here is Durham NC, and not mike Nifong; Fong was merely serving as a catalyst. If Fong had not existed, some other catalyst would have arisen and the same story with minor changes in details would have played out a month or three months later. As KC Johnson notes in an article linked from FrontPage, "In Durham NC there is a robust constituency for the politics of revenge, and for prosecutorial misconduct." The basic reality is that Fong got together with black leaders and hit upon the deal of an election for a human sacrafice and then was elected with 95% of the black vote. THAT is the problem.
25 posted on 01/28/2007 5:14:29 PM PST by rickdylan
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To: advance_copy

Duke has to move, and soon. Nobody with any brains or talent is going to be sending kids to school in or even near Durham NC after watching that 60-Minutes take.


26 posted on 01/28/2007 5:17:27 PM PST by rickdylan
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To: GoldenPup

......sued in civil court for everything he's worth!!!!!.....


He is now in the process of becoming judgement proof. His assets will be scattered to the four winds. He has at least bought a house or condo in the depressed Florida real estate market where he will take up residency.

He will be disbarred but will make big bucks from book and TV rights.

Sleaze pays.


27 posted on 01/28/2007 5:23:49 PM PST by bert (K.E. N.P. .... It's spit on a lefty day.)
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To: Texas Songwriter
In the words of a mother of one of accused players, "Mr.Nifong, you f****d with the wrong family".

Were those her words? I thought she showed more class than that.

28 posted on 01/28/2007 5:26:32 PM PST by Krodg
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To: rickdylan

" The basic reality is that Fong got together with black leaders and hit upon the deal"

...and you know this how?


29 posted on 01/28/2007 5:35:29 PM PST by gcruse (http://garycruse.blogspot.com/)
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To: gcruse

Reading.


30 posted on 01/28/2007 5:41:09 PM PST by rickdylan
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To: rickdylan

"Duke has to move, and soon."

What good would that do? It was the University that threw the students under the bus, drove off their coach, and let the gang of 88 loose. Duke is no innocent bystander, and moving Duke just means Duke is somewhere else.


31 posted on 01/28/2007 5:41:27 PM PST by gcruse (http://garycruse.blogspot.com/)
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To: Krodg

Those weren't the exact words; I think she said "You've picked on the wrong families", but the message was clear. The idea that a DA cannot be sued is one of those theories which, in real life, can only be stretched so far. Fong has made the entire legal profession in NC look like a bunch of clowns, and they are seriously pissed. They do not intend to leave Fong with any sort of legal shield against lawsuits.


32 posted on 01/28/2007 5:46:35 PM PST by rickdylan
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To: gcruse

Duke needs to take out its own trash, AND move. But Durham NC is the bigger part of the problem.


33 posted on 01/28/2007 5:47:43 PM PST by rickdylan
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To: Farmer Dean
And the moral of the story is don't invite/hire scheming whores to one of your parties.

Great moral! I agree.

I'll bet the victims never do this again. I'm sure that many other young college men have learned from their mistakes, as well.

Still, as foolish as this hiring-strippers thing is, these guys didn't deserve this plotted, intentional scam against their lives.

34 posted on 01/28/2007 5:48:03 PM PST by bannie
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To: randita

BTTT


35 posted on 01/28/2007 6:28:15 PM PST by newzjunkey (Social Security & Mexico: http://www.freerepublic.com/focus/news/1762624/post)
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To: rickdylan
Those weren't the exact words; I think she said "You've picked on the wrong families", but the message was clear.

I agree on the message, I have a problem with someone putting quote markings around their interpretation of what was said.

36 posted on 01/28/2007 6:30:22 PM PST by Krodg
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To: advance_copy

--Nifong and the leftist agenda in this case has completely ruined Duke and Durham's reputation. --

No. Duke and their professors ruined Duke's reputation.


37 posted on 01/28/2007 6:33:40 PM PST by UpAllNight
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To: bert

-- in the depressed Florida real estate market --

Tell me where that is! I want to buy!


38 posted on 01/28/2007 6:34:31 PM PST by UpAllNight
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To: conservativeharleyguy

Nifong is married - second marriage.


39 posted on 01/28/2007 6:49:16 PM PST by confuzed
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To: UpAllNight

all I know is what I read on Free Republic


40 posted on 01/28/2007 7:03:51 PM PST by bert (K.E. N.P. .... It's spit on a lefty day.)
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To: UpAllNight

all I know is what I read on Free Republic


41 posted on 01/28/2007 7:03:55 PM PST by bert (K.E. N.P. .... It's spit on a lefty day.)
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To: bert

--all I know is what I read on Free Republic--

Sometimes you need to step back and take a deep breath.


42 posted on 01/28/2007 7:09:41 PM PST by UpAllNight
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To: bannie

You're right, of course. That being said, I'll gladly settle for Nifong's head on a platter.

By destroying him, we send a message to every two-bit prosecutor in America: bring frivolous charges against innocent men and women, and you will suffer for the rest of your life.

What more is to be gained by going after her? Whores tend not to read much news or case law.


43 posted on 01/28/2007 7:10:12 PM PST by cicero's_son
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To: cicero's_son
It'll get the whore off of the street. We can't let 'em go just because it won't stop 'em all.

They both have chosen to live in the same cesspool--by the same slimy standards.
44 posted on 01/28/2007 7:41:48 PM PST by bannie
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To: rickdylan
Nobody with any brains or talent is going to be sending kids to school in or even near Durham NC after watching that 60-Minutes take.

Of course they will. "Prestigous" colleges are untouched by this kind of thing.

45 posted on 01/29/2007 9:09:12 AM PST by Tax-chick ("It is my life's labor to bring Christ to souls and souls to Christ through word and example.")
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To: Tax-chick; rickdylan

"Prestigious," that is. I knew that looked wrong the first time! I need bifocals.


46 posted on 01/29/2007 9:10:43 AM PST by Tax-chick ("It is my life's labor to bring Christ to souls and souls to Christ through word and example.")
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To: Krodg; Eccl 10:2
In the words of a mother of one of accused players, "Mr.Nifong, you f****d with the wrong family".

"Were those her words? I thought she showed more class than that."

She does -- she actually said "picked on ...".
47 posted on 01/29/2007 1:46:49 PM PST by USFRIENDINVICTORIA
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To: bannie
I agree.

Also, something needs to be done about Brodhead and the 88 profs who went postal. O'Reilly had tried to contact them and they have refused to talk to him. He showed one clip of a professor running from him, acting like a scared rabbit.

48 posted on 01/29/2007 2:29:55 PM PST by Dante3
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To: Verginius Rufus
This case shows that no one is safe from being convicted on bogus charges in our justice system...

I don't want to burst any bubbles, but that has always been true and it happens every day. Nifong isn't the only DA in the country who will do "whatever it takes" to further his political ambitions.

"If I were King", I would make some serious changes to the judicial system.

1. Make it nearly impossible for healthy, mentally competent people to avoid jury duty, especially educated "professionals" who most often avoid service. If people can afford the time away from work for vacations every year, they could make time for jury duty. It is a DUTY we all owe to our fellow citizens.

2. Make it illegal for District Attorneys or lead prosecutors to run for any other public office for 10 years after they leave the DAs office. Most of the railroad cases are the result of DAs looking to build a high conviction rate or gain name recognition via press reports. That's exactly why Nifong was running to every TV camera in sight a few months ago.

Just as an aside. Don't ever believe that out "Justice System" is about finding the 'truth.' It's not. It's about following a process and if truth and process don't agree, process always wins.

49 posted on 01/29/2007 2:53:15 PM PST by Ditto
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To: AnAmericanMother

Speaking of people being guilty of throwing the team under the bus, what has Nancy Grace had to say about the unraveling of the case? I've never heard her do a mea culpa and I'm wondering if it will ever happen.


50 posted on 01/29/2007 2:56:46 PM PST by Burkean
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