Thursday, December 14, 2006

Red Flags and More Red Flags; White Flags to Come?

On May 3rd, immediately after his primary election victory, District Attorney Mike Nifong sought to reassure the public that his indictments of Reade Seligmann and Collin Finnerty on April 17th for rape were valid. Describing the DNA reports that many believed strongly suggested the accused were innocent, he told WRAL,

“My guess is that there are many questions that many people are asking that they would not be asking if they saw the results…They're not things that the defense releases unless they unquestionably support their positions…So, the fact that they're making statements about what the reports are saying, and not actually showing the reports, should in and of itself raise some red flags."

Well, Nifong was right about a couple of things. Many people are asking many questions, and “not actually showing the reports” does indeed raise red flags. The problem, however, is that after reading the information contained in the defense motion yesterday, it is Nifong who should finally wave the white flag and end this ludicrous persecution of three obviously innocent young men. The motion details with impeccable precision all the information contained in the DNA reports, including all the information that was originally omitted and subsequently provided to the defense, ironically, only after a court order from Judge Smith. “Actually showing the reports,” and not just providing truncated summaries, required Nifong to reveal that the testing showed DNA from “multiple males in the accuser’s anus, in her pubic region, and on her panties.” None of these samples matched the DNA of any of the three accused players or any other members of the lacrosse team.

To briefly review the samples tested: There were (i) 5 stains on the accuser's panties; (ii) oral, cheek, vaginal, and rectal swabs; and (iii) a pubic hair comb. In many instances, the samples were a mixture, meaning multiple males deposited their DNA. The accuser’s boyfriend’s DNA matched the DNA recovered from the vaginal swab, but not the DNA recovered from the panties, rectal swab, or public hair comb. All of this evidence suggests the escort service engagements of the accuser in the days leading up to the lacrosse party, documented in Jarriel Johnson’s statement, involved a bit more than companionship. The News & Observer reported back in August that on April 4th Investigator Michelle Soucie took the following notes after a meeting with the District Attorney:

“Mike Nifong stated that: Also need documentation on escort service and how they do business…Need to nail down what victim did on the day before arriving at 610 N. Buchanan so we can show that she did not receive trauma prior to the incident -- with witnesses." N&O

The defense motion reveals that the presence of all the samples documented above was known before the indictments of Reade Seligmann and Collin Finnerty. The DNA extractions from the panties’ stains, vaginal swab, and rectal swab were performed on April 7th, and the DNA extractions from the pubic hair comb were performed on April 13th. What more evidence of the "how escort services do business" and the likely cause of the “trauma” (i.e, diffuse edema of the vaginal walls) could one possibly have? How in the world can one justify going to the grand jury with a deeply flawed identification, inconsistent stories, weak medical evidence, and overwhelming DNA evidence suggesting the accused are innocent? Furthermore, how can one justify hiding the exculpatory DNA evidence from the accused after they have been indicted and expected to stand trial?

In June, Newsweek’s Susannah Meadows tried to ask the District Attorney for information that might answer these questions. In a tersely worded e-mail, the District Attorney lamented:

“What has surprised me is the utter lack of any degree of skepticism of the part of the national media with respect to the claims of the defense attorneys, many of which are misleading and some of which are absolutely false. As an example, when those attorneys held press conferences to announce that the first round of DNA testing "completely exonerated" the players (a claim that, on its face, is rather preposterous), I saw not a single report that any reporter had actually seen the test results (none of them had), or had asked to see them and had that request denied (which is what happened to those who bothered to ask).” WRAL

Now that the full results of the DNA tests have been revealed, who is guilty of making “misleading” and “absolutely false” statements? Whose claims are “rather preposterous”? That defense attorneys would state the obvious fact that no DNA evidence strongly suggests there was no sex with any lacrosse player? Or that a District Attorney would not only hide exculpatory evidence from the same defense attorneys, but practically brag about it to the news media and suggest the hidden results would help the prosecution? This whole fiasco began with a story about DNA tests. It should end with this story about the results.

Enough red flags. It’s time for the white one


Anonymous said...

dream on. the defense has known this since oct. they are releasing the info now because the hearing is coming up. we already knew there was no dna linking the players to the victim so does it matter if it was one dna profile or 4? it does not and this is just another attempt to smear the accuser and is an attempt to imply nifong was withholding evidence. the report was given in oct when it became available.

Anonymous said...

5:08 AM

No... you dream on. Nifong clearly participated in a conspiracy to withhold exculpatory evidence. He will pay for his crime.

bill anderson said...

Well, looks as though 5:08 has been very busy this morning posting everywhere, trying to perpetuate the big lie. And there is going to be even more coming out that 5:08 will have to try to spin away.

Lady, there was no rape, and you know it. You can continue to deny things if you want, but none of you in Durham believe the woman was raped. You simply are continuing the lie for other reasons.

Anonymous said...

5:08... What? The best you can do is "the defense has known this since Oct."!! Nifong has known this since the spring! This is very bad for the State's case (not that there was much of one to begin with ). You should be directing your outrage, not at the LAX players, but at Nifong, he has used the accused victim and the AA population in Durham for his political gain. I feel sympathy for this woman, obviously she leads a horrible life and feels she has to do a degrading job to make money, and now she has been dragged into the public spotlight by Nifong. He is despicable.

huesofblue said...


According to the defense motion, the full file on the DNA testing was turned over to the defense on October 27. Before the Defense could "know" about the evidence they'd need to have those thousands of pages carefully reviewed by a DNA expert. All of that takes time. After that they needed to draft a 17 page motion of law that all three lawyers and the DNA expert would approve. A month and a half is not an unreasonable amount of time to put something like this togethor at all. There are obviously some strategic advantages to filing the motion a couple days before the next hearing, but it's disingenuous to say that the defense has know for months and has been sitting on the evidence.

Anonymous said...

Judge Smith needs to toss this case, then Brodhead needs to publicly invite Colin and Reade to enroll for the 2nd semester. Duke moves off the front pages from this debacle, while Lie-fong begins his slow twist in the wind.

Anonymous said...

It is obvious that the only "smearing" has come from the various 'patrons' of the false accuser...and from Nifong's slandering of the falsely prosecuted, the lacrosse team, the University, and millions of white Americans.

Anonymous said...

Irving Joyner, care to opine on this one? Did your boy Nifong derail the Durham AA community's efforts to railroad three innocent young men?

Anonymous said...

So Nifong knew, or had reason to believe that the AV had sex with up to four non-LAX men (or women) shortly before her rape claim and he has not spent even 5 minutes with her questioning her claims?? Because she was too traumatized?? If the rest of us lie in court I thnk we get nailed for any of the lawyers out there know if DA's are exempt from perjury?

Anonymous said...

Does anyone know if Nifong did even one (1) thing correct in this whole debacle? I'm looking for evidence of just one thing!! Can anyone help me out here?

GPrestonian said...


Great post, LS!

One thing - your link to WRAL for the 1st Tweakfong quote is to the WRAL video summary page:

Do you have a direct link to the actual quote?


9:11 Anon:

Nothing on the legal front, but I did hear that in June he slept in a Holiday Inn! ;>)

"Does anyone know if Nifong did even one (1) thing correct in this whole debacle?"

Anonymous said...

To gprestonian:

thanks!...great answer--I love made my day!! My staff is wondering why I'm walking around with a silly grin!!

From 9:11

Anonymous said...

The quote in the post was transcribed from the video. I don't think it appears in print. Watch the video. The quote is what Nifong said.

duke09parent said...


Absolutely correct!

Strike up the band...."It's beginning to look a lot like Christmas. Soon the bells will ring...."

GPrestonian said...

9:53 Anon:

Thanks, 9:53. Guess I should have been more specific - which video, there are ~50 listed on that video page.

The quote in the post was transcribed from the video.

Anonymous said...

I wouldn't strike up the band yet b/c this case is still headed for trial.

Ha.. we've known since the beginning about lack of DNA being linked to the players. Stop trying to make something

You & the defense are on your last desperate attempt to get the case tossed. It didn't work before & it won't work now. Sorry Bill,Michael Gaynor and the rest of you loons. The defenses' feeble attempts are laughable.

If you think the "Honorable Judge Smith" is going to dismiss..HaHaHaHa.. Think again!

Anonymous said...

Multiple DNA sources in her anus...yet no match to the LAX players.


Precious is quite a "lady". Can't wait to see her on the witness stand.

War Eagle

bill anderson said...

Well, now we were told that Nifong had three new witnesses who saw everything (or was it two), and now we hear that DNA has not effect. I will remember this the next time the Innocence Project exonerates a black male on the basis of DNA evidence.

Tell me this, Ms. HAHAHAHAH, was Victoria Price correct when she said she was raped by the Scottsboro Boys? According to your statements, you would have to answer yes.

Maybe you are right in that Smith will let this go on, but the more Nifong goes on with this, the more damning information that comes out about him.

Anonymous said...

gprestonian - The quote is from the May 3rd "don't know my timeline video." LS

Anonymous said...

to bill anderson at 1049
There are 3 new witnesses: Meehan and the 2 police officers who accompanied Nifong to Burlington will testify against Nifong. Do you think that they will go down for Mikey?

Anonymous said...


Only wishful thinking on your part. This is old news. Nice try. Let the trial begin.

bill anderson said...

Tell me, since you believe a rape occurred, how is it that there was absolutely NO DNA? Now, you might say that is the case in many rapes, but that is because the woman often does not report it until several days later.

In this situation, however, the woman was examined within a few hours, so they could treat her body like a crime scene. Thus, there would certainly be DNA.

My guess is that you choose to believe rape, not based on evidence, but personal prejudice.

By the way, if the only reason is the AV's claim, then are you willing to say that the Scottsboro Boys were justly convicted, since it was based on a woman's claim?

Anonymous said...


You're the one that is prejudice. That's your opinion and you're entitled. I can believe in whomever I want. The defense is "delaying" with all these phony "no bombshell" motions. It's nothing but a smear tactic against the victim.

Let the trial begin.

Anonymous said...

My theory is that Nifong will go into court and say that he had no idea that the dna report excluded information. He is shocked. Yes, he met with Meehan, but he never told Meehan to limit his report.

You see, Nifong has a way with words. He can communicate his wishes and his threats very indirectly and I think that's what happened.

Anonymous said...

Reading the first quote from Nifong makes me sick. How can someone lie like that? It really convinces me how desparate and mentally unbalanced he is. This guy has got to be removed. If not, he will make a lot of people pay for this. No one can trust him. He has got to go.

Anonymous said...

The sad fact of the matter is, the accuser could come forward today and say she made the whole thing up, yet the nutjobs would still insist that the LAX players are guilty. "She was paid off", or something to that effect would explain away her remarks.

For those same nutjobs, the sin of the LAX players was committed the day they were born. They were born white.

It really sucks that things are this way, but it's the way it is.

bill anderson said...

You see, anything other than the av is telling the truth and nothing but the truth is a "smear job." By the way, how does one commit a rape AS DESCRIBED BY THE AV (after all, she is telling the "truth") and there be no DNA from Reade, David, or Collin? You see, if you say "they wore space suits" or something like that, you are contradicting the AV's statements.

Thus, you "smear" the accuser.

Anonymous said...

For those pathetic losers who WANT A TRIAL...

Isn't it going to be funny when a long line of Precious's customers take the witness stand to tell the world they had unprotected anal sex with Precious for $20???

I can hardly wait.

Let the trial begin!!!

War Eagle

bill anderson said...

War Eagle,

I'll bet the AV is a Bama fan!

Anonymous said...


War Eagle

huesofblue said...

I think 12:10 is correct about Nifong’s story. All that Nifong had was the final report (which omitted the exculpatory evidence). He didn’t receive the full testing file until October (that’s what the letter from Meehan is about), at which point he promptly copied the information and sent it to the defense. Who knew there was stuff he needed to disclose? The story stinks, but I’m sure it’s the one he’ll tell.

Anonymous said...

Right dream on remember there are other charges, besides the rape. How about kidnapping, or just sexual assault that only involves touching, you don't need DNA to prove that

bill anderson said...

What Yolanda is saying is that if someone is charged with crimes, that person automatically is guilty.

Here is the problem, Yolanda. You already have said you believe the accuser, but are you now saying there was no rape? How does what you call kidnapping and mere touching morph into rape.

You cannot have it both ways. The accuser -- whom you say you absolutely believe -- did not talk about "touching" and the like. She said rape, full-blown, 30-minute rape.

Fred said...

The case has always been one about race with a rape accusation used as an excuse to hang some rich white boys from the hated Duke. So here is where we really are: if this case doesn't go to trial and is tossed there will almost certainly be a race riot with charges made by the usual suspects of "the man fucked us again." If this thing continues to fester and then go to trial where a judge will almost certainly chuck it out after hearing the non-evidence we will have another riot. Same if the guys are found innocent. All one has to do is read comments from the Durham streets to know that we have a cinch "OJ Jury," one that will convict no matter what.

Get ready for the race riot.....

Anonymous said...


Stop lying about the citizens of Durham! The people of Durham is nothing as you claim. You are stirring up trouble about pending riots & should be arrested. Maybe the DOJ should check you out. Durham citizens only want the truth to be told in a court of law. The hatred in your heart is filty. I have no use for bums like you. Pure-N-Filth.

Anonymous said...

Take notice all, the AV just gave birth to a new child. FOX's, Greta just reported that.

Anonymous said...

seems the non bombshells from the defense:

a request from a congressman not even from Durham for the DOJ to investigate Nifong

a Dna report that reports no Dna links to the accused but has more info on other men

were really intended to deflect from the real hot story: a baby born exactly nine months after the alleged rape!!!

Anonymous said...

An immaculate conception would be a real hot story.

Anonymous said...


It wasn't the defense who claimed they had the bombshell that would "shake the earth", for the record.

And as for that out of wed lock illegitimate child the hooker produced, Liefong himself said the baby was probably conceived at least two weeks after the "attack"...geez, youd think after being violently and brutally violated by 3 men, you wouldn't be so quick to jump back on that horse but man, look at Crystal, she showed all those dukies up! "Those white elitists, I'll show them, they won't scare me off from doing what I do best-sleeping with random men and getting knocked up! I'll just do it ten fold to show them my true strength".

PS-the defense requested a paternity test to be performed--do you think if the defense had ANYTHING to worry about in terms of this baby, they'd request the paternity test?

Also-yes, we knew no DNA linked the boys months ago, but no one was aware (besides Meehan and Liefong) that DNA of THREE OTHER MEN not associated with the lax team were found on the womans panties and in her anus (mmm, what a classy mom she must be). So she basically lied to police when she said she had been a good little girl and didn't screw anyone for at least a week previous to the "attack"...or what, does she just not shower or change her underwear for weeks at a time? Wouldn't surprise me, a classy gal like Crystal.

And, it's a good thing the congressman isn't from durham-the way those politicians down there play, who wants any more of them getting involved and ocmpletely f*cking up the case more than Nifong has. If this case has highlighted anything, it's the fact that people from Durham are sheep that are herded together by a racist thought process. "Kill whitey".