Tuesday, January 30, 2007

Other “Misplaced” Commentary About the Merits of DNA Evidence

Yesterday, KC Johnson noted a remarkable editorial in, of all places, the New York Times, extolling the virtues of DNA evidence. The editorial cited numerous wrongful convictions that were overturned, and the paper applauded those states that have set up innocence commissions “to attempt to identify the causes of the wrongful convictions and propose changes to improve the state of justice.”

The editorial concluded by stating:

“The most recent exonerations show how much such commissions are needed. In Dallas, a prisoner was finally proved innocent after laboring for 18 years to win the right to DNA testing and disprove a rape conviction based solely on faulty testimony of a witness. (North Carolina’s innocence commission, led by the state’s chief justice, has already called for police investigators to vet witnesses more carefully.) In New York, a man who spent 15 years in prison on a murder conviction not only proved his innocence, but also tracked the actual murderer through DNA with the help of the Innocence Project at the Benjamin Cardozo School of Law.

"No one knows the depth of injustice hinted at by DNA exonerations. But it is clear that they demand organized oversight and serious reforms of the criminal justice system.”

No one following Nifong's Hoax can disagree with a call for “serious reforms of the criminal justice system.” It would be foolish to believe that Mike Nifong is an isolated rogue prosecutor, who just this one time managed to abuse the system for his own reasons. Many commentators over the past many months have pointed to the Innocence Project as an organization that has uncovered numerous wrongful convictions and gallantly worked to free the falsely imprisoned. Indeed, their record is impressive, and the stories of those they have helped are simply shocking and heartbreaking.

Those of us supporting the players often cite the Innocence Project as evidence that we recognize the injustices that have occurred to others. Others cite the Innocence Project as proof that other injustices have occurred without the attention given to the lacrosse players, thereby questioning the motives of those who seek justice in this case. For example, last week columnist David Hawpe (high school classmate of Houston Baker) wrote,

“What amazes me is that you don't see the same kind of fury when other people are definitively proven innocent of crimes for which they were sent to prison. Where was the right-wing rage last week when DNA testing showed that James Waller was wrongly convicted of raping a 12-year-old boy in 1982?”

As did the New York Times editorial, Hawpe described other overturned convictions based on DNA evidence and stated,

“Thanks to the Innocence Project and other advocates, similar things are happening across the country."

La Shawn Barber admirably and honestly responded to Hawpe’s assertion that “On wrongful prosecutions, the right engages in selective outrage.” In the process, she noted matter-of-factly that Hawpe’s article could have just as easily asserted, “On wrongful prosecutions, the left engages in selective support and reverence for prosecutors and the police.” No doubt, there is an element of truth in what both Hawpe and Barber write about political partisans engaging in selective outrage, or lack thereof, in response to the Hoax.

Surely, however, the Innocence Project was not one of those organizations on the left that engaged in "selective support and reverence for prosecutors and the police,” right? Surely the Innocence Project recognized the Hoax for what it was earlier than most, and has used this incredibly high profile false accusation to call attention to its extraordinary work and noble cause, right?

Unfortunately, co-founder and co-director of the Innocent Project, Peter Neufeld, saw the lacrosse case differently. Like the New York Times, he decided early on that this was the one case where DNA evidence apparently wasn’t relevant. Neufeld was a vocal defender of Nifong's "How does DNA exonerate you?" theory and gave several pull quotes to major new organizations deliberately obscuring the difference between old and cold crimes, and one in which a victim was swabbed for DNA evidence at a hospital by professionals within hours of an alleged attack.

The day after the results of the first round of DNA tests were turned over to defense attorneys and announced to the public, Neufeld downplayed the results. On April 11th, the New York Times wrote:

"Peter J. Neufeld of the nonprofit Innocence Project, an expert on DNA testing, said that in general, an absence of DNA evidence did not necessarily mean there was not a crime.

"There have been thousands and thousands of men who have been convicted in the United States of the crime of rape without DNA and without semen," Neufeld said."

It’s possible to believe that the New York Times pulled one small piece of Neufeld’s statements to support the Hoax, but Neufeld continued with the same theme in later interviews. On April 23rd, after the indictments of Seligmann and Finnerty and after information about Seligmann’s alibi had been revealed, the Washington Post wrote,

“Peter Neufeld of the Innocence Project says, "There's an old saying that the absence of evidence is not necessarily evidence of absence."

This was a rather strange statement for someone who is the co-founder and co-director of an organization whose sole mission is to use DNA testing to free wrongfully accused people. How many innocent people have been convicted by jurors who believed “the absence of evidence is not necessarily evidence of absence?" Is there any statement that is more inconsistent with concepts like “presumption of innocence,” “burden of proof,” and “beyond a reasonable doubt?"

Even after Nifong finally turned over to the defense attorneys the selective results of the second round of DNA tests, which showed no DNA matches linking any lacrosse player to the accuser (and, in fact, showing semen from the accuser’s “boyfriend," though not disclosing matches to at least four other unidentified males), Neufeld continued to give quotes apparently supporting the false prosecution. On May 15th, the day Dave Evans was indicted, ABC News reported,

"The truth is if you speak to crime lab directors, they will tell you that in only a relatively small number of cases is there any DNA evidence," said Peter Neufeld, co-founder and co-director of the Innocence Project, which uses DNA to free people wrongly imprisoned.

"In rape cases, there is an expectation of DNA. But like many expectations, often it is misplaced."

How can these statements possibly be justified coming from the co-founder and co-director of the Innocence Project? How can they be viewed as advancing the causes of the organization? Aren’t they almost verbatim what countless government attorneys have argued on appeal opposing motions for new trials on the basis of DNA evidence? Why would Neufeld repeatedly give such statements to the press, making them publicly available to be cited against his organization in future court arguments? Why has Neufeld not come forward after all that has been revealed to express regret for his public erroneous “reverence for prosecutors and the police” that was used by the press to downplay the dramatic and early revelations that the accuser’s story was a lie and Nifong's prosecution was a hoax? Shouldn’t one expect a different reaction from the Innocence Project? Shouldn’t one expect such an organization to be vigilant against an abuse of prosecutorial power? Doesn't its mission require no reservations about advocating for innocent defendants, no matter who they are or what the New York Times says about them?

How truly disappointing and disconcerting that the only thing Neufeld said about the Hoax that turned out to be insightful and relevant is that “many expectations” are often “misplaced."

Friday, January 26, 2007

Thursday, January 25, 2007

Our Collective Voice - John in Carolina

Earlier today, our friend and occasional mentor, John in Carolina published an essay that eloquently reflected the gratitude we share for the many Heroes of the Hoax, five of whom he has chosen to highlight in this post. Graciously, John has allowed us to share his words with you.

Yesterday the Raleigh N&O reported:

Durham District Attorney Mike Nifong withheld DNA evidence in the Duke lacrosse
case and then lied about it to judges and the North Carolina State Bar, according to a complaint filed today by the bar, which licenses and regulates lawyers. […]

The test results from DNA Security of Burlington found DNA from at least four unidentified men in and on the accuser and excluded the entire lacrosse team as the source.

The bar's complaint said Nifong hid these results from defense lawyers, who repeatedly asked for all DNA test results. Nifong then lied to the court, either on paper or in direct comments to a judge, on five occasions, the complaint said.

The news came ten months to the day the N&O “broke the Duke lacrosse story” with a maliciously biased “news report” claiming the False Accuser was “the victim” and framing Duke’s Men’s lacrosse players as her victimizers.

Yesterday was a day for the innocent. It “belonged” to the players – all of them – and their families and special friends who’ve endured and pressed on in the face of monumental bigotry and injustices. We can be confident that it is only one of many such days that will now come their way.

Publicly they’ve shown only grace under pressure; their private pains we can only guess at.
With so many players, family members, close friends, Coach Pressler and his family, all surely giving thanks yesterday, there must be hundreds of “thank you” lists out there, but they’re not all the same.

The names of many former teachers are no doubt on a lot of lists but there are different teachers on different lists. It’s the same with hundreds of other people who’ve helped one or a few of the players they knew around town or one the families that live down the block.
So we have the different lists.

But I’ll bet on this: all the lists-makers will agree that the following five deserve a place on all the “thank you” lists:

Duke's 2006 Women’s Lacrosse team led by coach Kerstin Kimel had it right from day one: “Innocent.” They kept saying it in the face sexist derision from many in media and others who call themselves “women’s rights advocates.” The 2006 Women and Men laxers will stand in Duke’s memory as the first groups to tell us the Hoax was a hoax.

In April National Journal columnist Stuart Taylor let readers and frenzied media colleagues know:

“[T]he evidence that perhaps no Duke lacrosse player committed rape should make a lot of people ashamed of themselves: District Attorney Mike Nifong, the Durham police, many in the media, politically correct Duke professors, spineless Duke administrators, and others.”

Professor James Coleman chaired a committee that produced a fair assessment of the team at the height of the witch hunt. Then he spotlighted the frame-up: “Any three students would do; there could be no wrong choice.”

NY Times columnist David Brooks had the grace and character to tell his readers on May 28:

But now that we know more about the Duke lacrosse team, simple decency requires that we return to that scandal, if only to correct the slurs that were uttered by millions of people, including me.

In more than 300 blog posts, professor Robert KC Johnson has made extraordinarily effective use of the scholar's skills to expose the falsehoods, hypocrisies and failures of duty that made the witch hunt and its injustices possible. Rightly critical of the players’ “party conduct,” Johnson’s humanism and faith in the academy brought him to their struggle for fair treatment after almost all their own professors abandoned them. Among those who have "done battle in the public square,” Johnson is primus inter pares.
(We hope that you will find a moment to visit: John in Carolina)

Only Race Matters: A Duke Woman Speaks About A Disturbing Aspect of the University’s Response to the Lacrosse Scandal

I am a woman who graduated with an English degree from Duke in the late 1990s. My all-time favorite course was Professor Laurie Shannon’s thought-provoking Shakespeare class. I was heartbroken to learn that Professor Shannon signed both the Group of 88’s “listening” ad and the Concerned Duke Faculty’s non-apology.
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I remember my English department having some unusual quirks when I was there, including a finalist in a search for department head who researched pornography and a prolific romance novelist. These quirks always seemed harmless and predictable eccentricities of academia. However, with many of the English Department’s members still “Concerned” and major publications shooting down it’s postmodern metanarratives, I’m now openly embarrassed.
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I love my alma matter, which, I’ll be honest, shows the most during basketball season. While at Duke, I dated a fellow student who I later married. We now have a young daughter. Watching my daughter play over my laptop as I write this, I can’t begin to express the extreme sadness I felt reading Shadee Malaklou in the Duke Chronicle say, “what's stupefying is why the women of Harvard, Yale and (presumably) Duke have chosen the traditional role of mother.”
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How depressing that someone would not only feel this way but take the time to express this sentiment to others in the pages of the student newspaper. I don’t suppose that Shadee--or the professors who have apparently validated her bizarre views--much care what I think. Not only do I now stay home to take care of my daughter, but I was in a “core four” sorority while at Duke. Shockingly, my sorority on occasion hired strippers and we even drank beer while we watched them. This now appears to be enough to be disowned by the University. However, last I checked I’m still getting solicitation requests for the Duke Annual Fund, so I’m going to go ahead and give my perspective anyway.
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When I first heard the rape allegations, I was appalled but mostly confused. The facts of the night, as suggested by D.A. Mike Nifong, didn’t seem logical. Moreover, I couldn’t believe that the lawyers would say their clients didn’t engage in any sexual activity instead of preserving a consent defense following the lead of Kobe Bryant. As the facts of the case have fallen apart and the obvious fraud has been exposed for what it is, more attention has been directed in recent weeks to Duke’s response as an institution.
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Looking back over the history of this hoax, it seems to me that women’s voices and perspectives are being overwhelmed and ignored. More importantly, the fact that women stood up early and often to denounce the hoax and support the principles of justice is conveniently being cast aside. When a woman is asked for her opinion on television, that woman is often not only uninformed but a caricature of an anti-men feminist. For example, recently, Wheelock College professor Gail Dines made a fool of herself on CNN’s “Paula Zahn Now” and in a shrill follow-up blog entry complaining about the appearance. Angry that she received less airtime than promised and that her fellow panelists were beneath her, Dines directs most of her ire towards the producers who told her that they only wanted to focus on racial issues and purposely did not want to discuss gender.
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While I greatly disagree with Dines on almost everything about both the world and the Duke lacrosse case, I must admit that she did stumble on an important point. Why is a national story of alleged sexual assault treated as a racial issue rather than a gender issue? Why did Duke treat it this way? Why does Duke continue to treat it this way? Do the answers to these questions give some insight into why when I visit the website of the Duke Women’s Center I am greeted by a picture of Shadee (choosing motherhood is “stupefying”) instead of the many heroic women who have fought for justice in the lacrosse case, starting with women’s lacrosse coach Kerstin Kimel (a successful athlete and herself a mother of two young children)?
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Bowen-Chambers-Woman as a Footnote Report
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If you are a woman, you likely know someone who has been sexually assaulted. I do. While many disagree about the “prevalence” of sexual violence and whether it is more common on college campuses than elsewhere, no one can deny its presence and its horror.
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Why then, with respect to the lacrosse case, weren’t women’s views consulted and actively sought when it appeared there was a sliver of a chance the allegations might have some merit? It seems to me that women have the most to lose if the University fosters this supposed “atmosphere that allows sexism, racism, and sexual violence to be so prevalent on campus” that the “Concerned Faculty” identified.
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It also seems to me that women have the most to lose if a dramatic rape allegation turns out to be transparently false. Who will believe future real victims? Given this, what is the explanation for not seeking out a woman for the committee that investigated the University’s response to the allegations?
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One might have thought that a scholar of sexual assault law and an expert in University polices with respect to campus incidents would have been a good choice. Instead, the University chose collegiate sports critic William G. Bowen, former president of Princeton University, and Julius Chambers, a reputable African American defender of affirmative action policies and former chancellor of North Carolina Central University. These choices clearly reflected the fact that the University viewed the allegations as involving (i) white athletes and (ii) African Americans.
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What about women?
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A footnote on the first page states that Bowen and Chambers “took the liberty” of adding a Dr. Ramdath, an African American female, to the committee, as an apparent afterthought. Shouldn’t the Women’s Center be screaming about what belatedly adding a woman to the committee and noting that in a footnote says about the University’s concerns? This appears particularly ironic given the statement in the Bowen-Chamber-Woman as a Footnote report that

“Any number of people with whom we spoke commented on how much better it would have been if a wider array of life histories and perspectives had been brought to bear on what were sensitive and highly charged issues. We agree, and we know that President Brodhead agrees.”

What does it say about Duke’s priorities and sensitivities that this statement would be made in a report issued by two men commenting about the University’s response to allegations of sexual assault? I think it says that even before the allegations were an obvious fraud (if there ever was such a time), Duke’s administration, faculty members, and the media have never been interested in gender issues and have instead been overly concerned with race and taking shots at universally evil “white males.” In the process, incredible insults to women have been overlooked and incredible instances of courage have been ignored. The following is a discussion of various instances demonstrating this disturbing pattern.
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Duke women's lacrosse players, from left, Katie Chrest, Caroline Cryer, Michelle Menser, Leigh Jester, and Carolyn Davis celebrate a goal earlier this season. MSNBC

The Duke Women’s Lacrosse Team
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Last spring, one of the only groups that stood up against a tirade of prejudices were the members of the Duke Women’s Lacrosse team, led by their courageous coach, Kerstin Kimel. While the rest of the world was condemning the Men’s Lacrosse team as guilty, Coach Kimel was actively supporting the students and her players' choice to show their support by wearing wristbands with the numbers of the indicted players. Rather than highlight the fortitude and commitment to the truth of these accomplished female athletes, the media rained criticism down in the most sexist and dismissive ways. Some examples:
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“I never believed the day would come when we’d see an educational institution so flagrantly stupid, so selfish, so conspicuously aloof. Evidently it’s Duke, supposedly one of America’s more honorable institutions of higher learning.”

“And what lesson has the women's team taken? They apparently have learned that pack behavior is a good thing. They are speaking as one, and are proclaiming the entire men's team, as one, to be innocent. Team unity trumps all.”
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“By making such a public stand of unity before the facts come out, by saying so clearly that the accused is a liar, the women of Duke's lacrosse team won't make it any easier for other women to step forward. I can only hope that none of them will ever be in such a position -- where they may be a victim, want to step forward, but sense ultimately that it just isn't worth it.”

“These are stupid, spoiled little girls. It smacks of high school. Maybe one day when they’ll read about one of their friends who was raped. Then they’ll rethink this.” said Kathy Redmond (founder of the National Coalition Against Violent Athletes).

Redmond goes on to say, “More than any other sport, there’s this mentality with women lacrosse players of, ‘We’re as tough as the men.’ It’s almost like a competition. It’s like they try to carry themselves with a masculine edge. They want to be looked at as being just as good as the men, yet they still look to the men for validation."

“They were athletes themselves, as well as "true fans." In a moment that called on more action than I had will for, I wanted to write to them to ask if they might, instead, consider writing the word "justice" onto their gear, a word whose connotations run deeper than the team-inspired and morally slender protestations of loyalty that brought the ethic from the field of play onto the field of legal and cultural and gendered battle as well.”

Amazingly, in face of all of this unsupportable ridicule, Coach Kimel told reporters after the women lost in the semi-finals:

“Any attention we got for the wristbands paled in comparison to having the media staked outside of our practice and the girls' dorms. Of watching your friends be arrested; watching your fellow students not support fellow students; watching professors not support students." Comcast

Did Duke professors choose to support these female students dismissed as “little girls” in the press? Was calling collegiate women “little girls” a social disaster? Apparently not. Has anyone come forward now that the women’s lacrosse team was obviously correct to acknowledge their heroic courage and apologize for the response they received? Such an apology was glaringly missing from Stephen A. Smith’s almost mea culpa written in December.
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When I was in college people thought that Title IX and the rise of women’s athletics was important to produce women of the caliber of these lacrosse players and dispel patronizing attitudes that female students were “little girls” incapable of expressing reasoned opinions and taking positions on public issues. Where are those Title IX defenders now? Hasn’t the honorable conduct of the women’s lacrosse team proved their point? Why not say so?
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Rolling Stone’s “Sex and Scandal at Duke”
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Instead of highlighting the courage of the women’s lacrosse team, the media brought us Rolling Stone’s pop culture critique of Duke’s campus as half “The Devil Wears Prada” and half “Girls Gone Wild.” The transparently stupid article by Janet Reitman furthered the media firestorm that Duke was chock full of “drunk,” “horny” women whose lives consist of studying while on the treadmill and finding hot guys to hook up with. You see, it wasn’t intelligence, intuition, or courage that caused these women to support the men’s lacrosse team. It was, instead, the fact that they were sex crazed, stupid, and ignorant. (Someday, someone will have to explain to me how this qualifies as a “feminist” perspective.) Reitman completely exaggerated the Duke social scene by following several “core four” sorority girls who happen to support the lacrosse players and, therefore, according to Reitman, have subverted their feminist predecessors in order to emulate Britney Spears.
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Personally, I still don’t understand how “laxers,” who make up 0.01175% of Duke undergraduates could that big of an influence on the social scene. I think I remember one from my time at Duke and recall far more Duke women jokingly lusting after the assistant men’s basketball coach Quinn Snyder than any lacrosse player. That’s right, everybody, basketball, not lacrosse, is the sport that dominates the social scene on Duke’s campus. Reitman, however, writes about the lacrosse team:

“It’s something that frustrates and often baffles other young men, particularly those who’ve had girlfriends stolen by these guys.”

Okay, even if every lacrosse player stole at least one girl (an absurd suggestion), that makes only 47 frustrated men, hardly a social predicament.
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I agree with the excellent comment that was left at the Rolling Stone comments section by Duke Sorority Girl 04:

“This by no means constitutes a set of social norms as portrayed in the article. I attended Duke on financial aid and loans and thank the Lord that I had the chance to do so. To see it represented in the public spotlight in such a negative and inaccurate way is very painful and makes me wonder why so many people are going to such great lengths to portray the student body as foolish, rich, white, superficial, sexually promiscuous and shallowly insecure. I have tried not to take it personally but the attacks on duke students as a whole are so rampant and so untrue that I feel as though lies are being told in the national media about me and my classmates. I take that very personally.”

Did any faculty members express similar views? In fairness, women’s center director Donna Lisker penned a thoughtful article describing her contact with Janet Reitman and the deficiencies in the Rolling Stone piece.

“I spent two hours with the Rolling Stone reporter when she was on campus. I agreed with her that some undergraduate women lead social lives that seem incompatible with their intelligence and ambition. We talked about why that happens, about how pleasing male peers becomes more important than staying true to one’s self. I talked about patriarchy, about effortless perfection, about the insidious nature of female socialization. I also told her – over and over and over again – that the social scene she was witnessing represented just one subculture at Duke, and that many Duke students would find it as unfamiliar as she did. Unfortunately, the reporter did not include that context in her article, which made it a one-sided piece, an incomplete and inaccurate portrayal of Duke.”

Reading this I wasn’t sure whether Lisker would assert that Duke Sorority Girl ’04 above and I live lives incompatible with our intelligence, but I appreciated the effort to more fully describe campus culture. Given Lisker’s comments about Reitman’s poorly researched, misleading article, shouldn’t there have been many other “concern faculty” members outraged at the cheap shots taken at female students and the gross irresponsibility of the press?
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DSED Slammed by Grant Farred and Hindered by Duke Administration
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Duke Students for Ethical Durham (DSED), a student group composed primarily of women, was a valiant group dedicated to helping Duke students register to vote in order to elect a district attorney who was actually fair and just. Its two spokespersons, juniors Emily Wygod and Christiane Regelbrugge, were beyond-their-years sharp when discussing their group on Fox’s “On the Record” with Greta Van Susteren. In addition, members of DSED bravely stood their ground with Mike Nifong by purposely not shaking hands with him.
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However, Professor Grant Farred (Group of 88 and Concerned Duke Faculty member) wrote to the Heard-Sun and belittled this activism. Farred criticized DSED’s efforts and stated:

“By transferring their registration from other places, by enfranchising themselves in Durham, these students’ only intention is to oust District Attorney Mike Nifong. This selective intervention amounts to nothing so much as the deliberate act of closing ranks against Durham. What Duke students becoming Durham citizens does is displace the problem of racism from the lacrosse team and the university to Durham’s political system.”

One might have thought that the problem with Durham’s political system was a corrupt and unethical District Attorney making a mockery of the justice system and one might have thought that faculty members would have applauded Duke women for becoming politically active in their community to respond to this problem. Even more disturbing is that administrators and security officials actually prevented DSED from distributing voter registration materials in a parking lot outside the homecoming football game Sept. 30.

This event disturbs me on many levels. Did the Duke administration dislike the eyesore of students expressing their right to vote? Or, did they not like that DSED might register voters who would vote against Mike Nifong? Maybe instead they just wanted to stop the image these commendable young women doing more on behalf of their fellow students than the administration and faculty combined.

Alex Rosenberg’s Interpretation of the “Listening Ad”

The Group of 88 have offered a variety of interesting and at times bizarre explanations for the “listening ad.” This past week, Professor Lee Baker mumbled on the O’Reilly factor, “We presumed innocence…At least I did.” I still find it bizarre that faculty members believe signing the ad looks better if they thought the players were innocent. Even more bizarre, however, are the sexist and nonsensical explanations from philosophy oracle Alex Rosenberg. Here, I will have to defer to the comments of Professor Michael Gustafson, who described Rosenberg’s statement the best.

Gustafson writes:

"Dr. Alex Rosenberg, for instance, apparently misread the ad. He signed it, according to...himself...in the New York Sun, because "...he was concerned with the prevalence of alcohol on campus and bothered by 'affluent kids violating the law to get exploited women to take their clothes off when they could get as much hookup as they wanted from rich and attractive Duke coeds.'' The ad does not speak to drinking, nor to Dr.
Rosenberg's apparent opinion of the sexual availability of Duke women. Dr. Rosenberg's statement does speak to Dr. Rosenberg, however."

I’m as baffled as Gustafson about Rosenberg’s answer. I’m also insulted as a former female student. Does he really see his female students as objects that provide as much sexual satisfaction as male students want? Perhaps Dr. Rosenberg should turn off “Animal House” (or something worse) and actually meet some Duke women.

Even if he was joking, I wonder if this professor has ever googled the word “coed.” The first site to appear is a porn site called “Coed Chicks” and, needless to say there are plenty of XXXs throughout the rest. Therefore, when this obvious insult is thrown down, where are the feminists and other faculty members running to the defense of their students?

We Want Apologies (Just Not For Women)

Apologies, retractions and explanations have certainly been demanded by the faculty for other reasons, race being the primary hot-button. One example is the immediate reprimand of Professor Baldwin, after he wrote an excellent guest column in The Chronicle and used the common phrase “tarred and feathered, ridden out of town on a rail” when he voiced his feelings toward faculty members who publicly denounced the lacrosse team.

The very next day, Women’s Studies Professor Robyn Wiegman wrote a letter to the editor reprimanding Baldwin’s use of the term “tarred and feathered” due to the fact that it’s the “language of lynching.” Not surprisingly, Wiegman did not give any facts or basis for her determination because it seems to have been formed in her own head. My own internet search failed to connect these terms, and wikipedia’s definition shows only colonial and frontier roots.

Perhaps Wiegman should spend more time thinking about how to help Duke women and less time inventing new ways to be racially sensitive. Unfortunately, I’m rather doubtful, as I see Wiegman has joined the Concerned Duke Faculty, after previously not signing the Group of 88 ‘Listening Ad.’ Perhaps she felt like she was missing out on something.

Women, You’re Just Not PC Enough To Praise

Regardless if these faculty members had the basis to ask for an apology, why do the slights against female students of Duke go unanswered? No professor wrote to support the Women’s Lacrosse team after they were vilified by the media. No faculty members sent letters to the editor of “Rolling Stone” to say that their depiction of Duke women was exaggerated and unfair. The Duke administration never apologized for their reprehensible actions to DSED (only sending noted truthteller John Burness to write a letter to the Chronicle claiming it was a misunderstanding). And no colleague confronted Professor Rosenberg for his insult of female students.

Even today, I find no articles or statements by Duke faculty members, including those “experts” in women’s issues, about the accomplishments and class shown by Duke female students during this ordeal. This makes me sad, as I am extremely proud to be associated by Duke affiliation with the Kerstin Kimels, Emily Wygods, Christiane Regelbrugges, and Kristin Butlers of the world. When people put “Duke” and “women” in a sentence, I want them to think of these heroes, not the dismissive insults and cartoonish views of Rolling Stone, Shadee Malaklou, Robyn Wiegman, and the rest of the English and Women’s Studies Departments.

Who do you think I want my daughter to grow up to be? Or is that a question only a “stupid, spoiled, little girl” would ask?

Meadow

New Video - The Fugitive

by Tony Soprano

Wednesday, January 24, 2007

State Bar Files Additional Charges against Defendant Nifong

In the latest indication of the gravity with which it holds the prosecutorial misconduct of Defendant Nifong, the North Carolina State Bar has filed additional charges against the former Hoax prosecutor. Citing numerous alleged instances of Nifong knowingly withholding evidence from the defendants and making false statements to the court, to the Bar’s Grievance Committee, and in media appearances, the State Bar has amended its complaint against Defendant Nifong. In painstaking detail, the amended complaint details Defendant Nifong’s pattern of deception that helped prolong the hijacked Hoax. Now totaling thirty-three pages, the revised complaint charges Nifong with violations of several Rules of Professional Conduct and North Carolina laws.

“Durham District Attorney Mike Nifong withheld DNA evidence in the Duke lacrosse case and then lied about it to judges and the North Carolina State Bar, according to a complaint filed today by the bar, which licenses and regulates lawyers.

“Today's complaint ratchets up the legal troubles facing Nifong; in December the bar had charged Nifong with making inflammatory public statements to the media and misrepresenting the facts in the case.” N&O

The additional charges were filed in response to the December revelation that Defendant Nifong had conspired with DNA Security, Inc. lab director, Dr. Brian Meehan, to withhold exculpatory evidence from the defense. Considering that the exposure of the conspiracy occurred on December 15, the Grievance Committee’s notification letter to Defendant Nifong dated December 20 indicates by its atypical, lightening fast issuance that the Bar felt a sense of urgency and a compelling need to confront the Nifong Problem. Not surprisingly, Nifong’s response to the Grievance Committee appears to have been written in vintage Nifongian, leading to additional charges that Nifong had not only lied to the public and the court, but also to the Bar itself.
“When the State Bar notified Nifong on Dec. 20 that the organization was investigating the withheld evidence and false statements, Nifong acknowledged that he knew of the DNA results in April and May, the complaint said. Nifong told the bar that he withheld the results out of concerns for the players' privacy concerns.
“That response was false, the bar said, because the DNA Security report listed the names of all the people tested, including the 46 lacrosse players.” N&O
Initially, Defendant Nifong was charged with violating four ethics rules. He now stands accused of repeatedly violating ten ethics rules, three NC general statues, the United States Constitution, and the June 22 Court order compelling discovery.

Ethics Rules Nifong is Charged with Violating
Rule 3.6 Trial Publicity
(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.
Rule 3.8 Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall:
f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
Rule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(d) engage in conduct that is prejudicial to the administration of justice;
Rule 3.8 Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall:
(d) after reasonably diligent inquiry, make timely disclosure to the defense of all evidence or information required to be disclosed by applicable law, rules of procedure, or court opinions including all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
Rule 3.4 Fairness to Opposing Party and Counsel
A lawyer shall not:
(d) in pretrial procedure,
(3) fail to disclose evidence or information that the lawyer knew, or reasonably have known, was subject to disclosure under applicable law, rules of procedure or evidence, or court opinions;
Rule 3.4 Fairness to Opposing Party and Counsel
A lawyer shall not:
(c) knowingly disobey or advise a client or any other person to disobey an obligation under the rules of a tribunal, except a lawyer acting in good faith may take appropriate steps to test the validity of such an obligation;
Rule 3.4 Fairness to Opposing Party and Counsel
A lawyer shall not:
(f) request a person other than a client to refrain from voluntarily giving relevant information to another party
Rule 3.3 Candor Toward the Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
Rule 4.1 Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not knowingly make a false statement of material fact or law to a third person.
NC General Statutes Nifong is charged with Violating
§ 15A 282. Copy of results to person involved.
A person who has been the subject of nontestimonial identification procedures or his attorney must be provided with a copy of any reports of test results as soon as the reports are available. (1973, c. 1286, s. 1.)
§ 15A 903. Disclosure of evidence by the State – Information subject to disclosure.
(a) Upon motion of the defendant, the court must order the
State to:
(1) Make available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. The term "file" includes the defendant's statements, the codefendants' statements, witness statements, investigating officers' notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. Oral statements shall be in written or recorded form. The defendant shall have the right to inspect and copy or photograph any materials contained therein and, under appropriate safeguards, to inspect, examine, and test any physical evidence or sample contained therein.
§ 15A 903. Disclosure of evidence by the State – Information subject to disclosure.
(a) Upon motion of the defendant, the court must order the State to:
(2) Give notice to the defendant of any expert witnesses that the State reasonably expects to call as a witness at trial. Each such witness shall prepare, and the State shall furnish to the defendant, a report of the results of any examinations or tests conducted by the expert. The State shall also furnish to the defendant the expert's curriculum vitae, the expert's opinion, and the underlying basis for that opinion. The State shall give the notice and furnish the materials required by this subsection within a reasonable time prior to trial, as specified by the court.
The timing of the Grievance Committee’s notification to Nifong not only reveals the seriousness with which the State Bar views the district attorney’s alleged transgressions, but also sheds light on Nifong’s subsequent actions.
  • Within one day of the letter from the Grievance Committee demanding a response to the new charges, Defendant Nifong outlined his defense to the charges in a three hour interview with the New York Times. While Duff Wilson may have been happy to buy Nifong’s hogwash, it is apparent that the State Bar was not.
  • Also within a day of the Bar notice, Nifong dispatched henchmen Linwood Wilson, unaccompanied by any potential witnesses, to obtain from the accuser the latest revision to the Hoax, a re-write that appears conveniently tailored to obscure the significance of the hidden DNA evidence that is the basis of the new charges.
  • Within two days of the letter, Nifong dropped the rape charges in a move that Hoax supporters praised as an effort to firm up the frame by possibly lessening the impact of the newly revealed exculpatory scientific evidence and the conspiracy to hide it.

Even the most naive observer would have difficulty not seeing these last desperate and vindictive moves by Defendant Nifong as selfishly and cynically motivated by the knowledge that he been caught and would soon be facing potentially career ending charges.

Experts quoted by the Associated Press indicate that the possibility of Nifong's disbarment is greatly increased by the new charges.

"If these allegations are true and if they don't justify disbarment, then I'm not sure what does," said Joseph Kennedy, a law professor at the University of North Carolina. "It's hard for me to imagine a more serious set of allegations against a prosecutor."

"The new charges "have significantly increased the chances for a serious sanction, possibly including suspension or disbarment," said Thomas Metzloff, a Duke law professor and member of the bar's ethics committee, which is not involved in prosecuting the case against Nifong."

Preliminary Hearing Summary

Defendant Nifong made his first appearance before the State Bar Disciplinary Hearing Committee this morning. Highlights of the hearing include:

  • Lane Williamson, chair of the Committee graduate from law school with Defendant Nifong, is a former law partner of Seligmann defense attorney Jim Cooney, and has a daughter who graduated from Duke in 2005.
  • All proceedings will be held in public. Anticipating substantial public interest, Williamson noted that a larger venue would be used for the trial which is now expected to take place in mid-June rather than May.
  • Amicus briefs are anticipated and will be allowed even though the State Bar is not accustomed to, and has no provision for, dealing with them. Parties wishing to submit amicus briefs are invited to do so directly with Ms. Miani, Clerk of the Committee, who will then forward the briefs to the prosecution and defense counsel. If either party finds a brief to have merit, they may then have the brief filed regardless of whether opposing counsel agrees or not.
  • Defendant Nifong was given thirty days to answer both the original set of charges and the additional charges filed today.
  • Williamson appeared to expect that Judge Smith might also undertake disciplinary action against Defendant Nifong either in response to future defense motions or of his own accord. Noting that Superior Court had concurrent jurisdiction with the DHC, Williamson indicated a desire to defer to Judge Smith in the event he did proceed with disciplinary action "to the extent of seeing what happens there."

Transcript of Today's Hearing

Don't Answer the Door?




Linwood Wilson – A Comedy

In an article that appears to foreshadow impending challenges to the integrity and competence of Defendant Nifong’s hulking henchman, Linwood Wilson, the News & Observer’s Joseph Neff and Michael Biesecker reveal that the Hoax is not the first instance of questionable conduct on the part of the bad check collector turned District Attorney’s Chief Investigator.
“With the North Carolina attorney general reviewing the Duke lacrosse case, the new prosecutors must weigh evidence gathered by Durham District Attorney Mike Nifong's chief investigator, whose private detective career was marked by ethics complaints.

“Nifong hired Linwood E. Wilson, a gospel singer with limited experience working criminal cases, less than four months before the March 13 lacrosse team party at which an escort service dancer said she was raped, beaten and robbed.

“Wilson, 58, is the only full-time investigator on Nifong's staff. Twenty years ago he was investigated on suspicion of making false statements on the witness stand and setting up an illegal telephone tap, according to his file at the state agency that licenses private investigators.

“Wilson was never charged with a crime, and he says he acted appropriately. Still, his credibility is likely to be attacked by attorneys for the three accused players, who face charges of kidnapping and sexual offense.”
The Associated Press adds that despite Linwood Wilson’s assertion that his integrity has never been challenged, he has been formally investigated five times by the N.C. Private Protective Service Board.
“My integrity stands for itself. I've never had anybody question my integrity," Wilson said.

“Wilson was a private investigator from 1982 to 1998. He did occasional work for criminal defense attorneys but focused his work on divorce and child custody cases.

"Wilson was a public safety officer for Durham during the 1970s, working with both the police and fire departments. He was assigned to the patrol and vice divisions but never served as a full-time investigator, according to records.

”According to his file at the N.C. Private Protective Service Board, complaints about Wilson's conduct resulted in five formal inquiries.

"In 1984, the board looked at allegations that Wilson had put in an illegal wiretap on the telephone of a Durham woman for her estranged husband. Wilson denies the allegation and said a telephone technician set up the tap for the woman's husband.

"Two years later, the board reviewed a complaint that accused Wilson of lying on the witness stand and in an investigative report in a divorce case. But another investigator concluded that it would be nearly impossible to prove perjury and there was no record of action in his file.”
Throughout the Hoax, Wilson has interjected himself into the drama, usually with negative consequences opposite what he likely intended. The most comical interlude of Wilson’s is surely his bumbling attempt to hijack a Joe Cheshire press statement. Immediately following the June Hoax hearing, Cheshire spoke briefly to the press, discussing the latest batch of discovery, which revealed additional contradictions in the accuser’s fable. Unwisely, Wilson interrupted Cheshire in mid-sentence, publicly challenging the assertion that the accuser had changed her story.
"We've got none, we've got three, we've got five, we've got 20. I mean, pick a number -- any number you want to pick," Cheshire told reporters outside the courtroom.

"She's told so many different stories I'm not sure how many there are."

“An investigator in Nifong's office called into question Cheshire's claims Thursday.

“When Cheshire told reporters that the woman claimed five people attacked her, investigator Linwood Wilson asked Cheshire to show him that page in the evidence.

"You're welcome to come get it," Cheshire said.

"Yeah, I'd love to see it," Wilson said.

“Wilson walked away, and Cheshire continued talking with reporters” N&O

"Mr. Cheshire's news conference was briefly interrupted by Linwood Wilson, an investigator for the district attorney, who challenged him to show where in the documents the woman had changed her story. In an interview later, Mr. Wilson said he had seen all the evidence and that the woman, a 27-year-old student and stripper, had not changed her story." NYT
Mr. Wilson’s precipitous challenge of Cheshire's mention of the accuser changing the number of her alleged attackers resulted in a public spanking the next day. The defense attorney documented in a scathing letter, with statements from the prosecution's own files, his assertions from the day before to Mr. Wilson and the media.

"Since you are the District Attorney's Investigator, the press could have assumed -- falsely, as it turns out -- that you had actually read your file," Cheshire wrote in his letter to Wilson. "I can only assume your motivation in questioning my assertion was simply ignorance. A simple reading of your file might solve that problem in the future."

Ironically, it is Linwood Wilson’s one and only, nine months delayed interview with the accuser, which resulted in wholesale revisions to the original invented accusations, that now places the stumbling investigator in the hot seat and his boss at the mercy of the State Bar.
“At issue is a Dec. 21 interview with Wilson in which the accuser reportedly changed her story of who assaulted her, how and when -- contradicting all her previous statements, records of calls to her cell phone, 911 records and time-stamped photos from the party.

“The woman said she could no longer testify that she was raped, forcing Nifong to drop that charge against the defendants.

“Wilson's handwritten notes and a typed report are the only accounts of his one-on-one interview with the woman in December.

“Defense lawyers have called the new story an implausible "do-over" that attempts to fill holes in the prosecution case.”
Linwood Wilson’s first appearance in the Durham County Theater of the Absurd production of “The Hoax,” involved his role in the persecution of defense witness Moezeldin Elmostafa, the taxi driver whose help in providing substantiation of Reade Seligmann’s alibi was rewarded with arrest and prosecution, as directed by Defendant Nifong.
“Linwood Wilson, an investigator in Nifong's office, said Monday that he discovered the warrant when he ran a routine criminal background check on Elmostafa, the type of check he does for all victims and witnesses the prosecutor's office handles. Wilson said he told Nifong about the warrant, and Nifong told him that the office policy was to serve it.

“Wilson said he told two detectives working the lacrosse case about the warrant, and Investigator R.D. Clayton arrested Elmostafa on May 10. He was released from the Durham County jail on $700 bail. According to notes taken by Investigator Benjamin Himan, Wilson said that Nifong wanted to be told when the taxi driver was arrested.

“The prosecutor's office or police collected evidence on Elmostafa that included his insurance and driving history, several years' worth of drug tests -- all of which were negative -- and a criminal record check.” N&O
Mr. Elmostafa was quickly acquitted at a brief trial last August, despite Investigator Wilson’s efforts to support the prosecution by contradicting Inv. Ben Himan’s account of the circumstances surrounding the arrest of the good Samaritan.
“Elmostafa, known in the blogosphere as Elmo, was originally charged with misdemeanor larceny, but the district attorney's office dodged the statute of limitations and changed it.

“Before the trial, word was that the "aided and abetted" shoplifter in the case would testify against Elmo. Also, the authorities had a security tape proving Elmo's involvement.

“Let's just say that neither one panned out.

“The shoplifter never testified. And the tape? Well, that was like going live with Geraldo Rivera when he opened Al Capone's vault: There was nothing there.

“Instead of showing a cab speeding away from the scene of a crime, the tape showed the shoplifter hiding her bags behind her hip, then getting in the backseat and closing the door. Then the cab pulled away from the curb.

“Elmo's greatest crime? Failing to come to a complete stop in a near-empty mall parking lot.

“Elmo's lawyer noted that it took nearly three years (and a role in the lacrosse mess) for the authorities to pursue his client -- even though Elmostafa continued to be employed by the same cab company until last year, and remains a part-owner of that cab company to this day.

“The assistant D.A. said Elmo couldn't be found because his first name had been misspelled.

“Uh, right.

“A few weeks ago, I used speculation about Elmo's treatment (he's being harassed! his reputation tarnished!) to poke a little fun at the bloggers in the black-helicopter-infested skies of cyberspace.

“But darn if this isn't another case where the bloggers, with all their paranoid conspiracy theories, just might be right, however hysterical their tone.

“How else to explain the fact that District Attorney Mike Nifong was following this misdemeanor case so closely he asked to be informed when Elmo got picked up?” Sheehan,N&O

"It has nothing to do with putting any kind of pressure on him," Wilson said after the verdict.

“The trial, which took up the better part of Tuesday, was infused with the lacrosse controversy. Tom Loflin, Elmostafa's lawyer, filed motions seeking to have the case thrown out, accusing Nifong of trying to get Elmostafa to change his story. And all day long, two investigators on the lacrosse case, Benjamin Himan and R.D. Clayton, sat in the courtroom.

"Why are they here? Supposedly they know zero about Hecht's, so why are they here?" Loflin said after the trial.

“Wilson said he asked the investigators to be in the courtroom since Loflin's motions mentioned them, and Loflin briefly put Himan on the stand to ask about typed notes turned over to defense lawyers in the lacrosse case. Himan's notes state that "Mr. Nifong wanted to know when we picked [Elmostafa] up."

“Wilson said the request came from him, not Nifong.” N&O

Following ‘60 Minutes’ first expose on the Hoax, Linwood Wilson scrambled to protect Nifong’s backside by attempting to debunk the videotape showing the accuser energetically pole-dancing around the time she was prescription shopping by feigning extreme pain for the make believe assault. In a vain attempt to accomplish the Nifong tuckus save, Wilson obtained an affidavit from Platinum Club owner Victor Olatoye disputing the ’60 Minutes’ video. Within one day of signing his affidavit, however, Mr. Olatoye contacted Wilson to rescind his statement. Despite Mr. Olatoye’s claim to have attempted to retract his affidavit, Wilson proceeded to leak the disavowed affidavit to the local media as if it was never challenged by its author.

"But Platinum Club owner Victor Olatoye said in a sworn affidavit, a copy of which was obtained by The Herald-Sun on Wednesday, that the bouncer's account was not true. He said the woman danced at his nightspot beginning in December 2005 and continued for about three months, stopping in February. In addition, he said he had reviewed the CBS video clip and disagreed that it was shot on March 26. "The video is at my club and was prior to the rape," Olatoye wrote. "I am certain of this because [the accuser] has not stripped at my club since the rape occurred." H/S

Victor O. Olatoye, owner of the Platinum Club in Hillsborough, N.C., where the woman worked, had signed an affidavit for the Durham district attorney saying she had not performed at his club since February, and that the video had to have been taken before March 13. But in the interview Thursday, Mr. Olatoye, 44, said that after filing his affidavit on Oct. 18 he found records showing that the woman had worked on March 23, March 24 and March 25. Mr. Olatoye also said he recognized her dancing on the video, even though her face was obscured.

“I saw the clip and I believe that was her, yes,” he said, adding that she has not worked at the club since March 25. Mr. Olatoye said that a day after he had signed the affidavit he told the district attorney’s office that he needed to change it. But an investigator for the office, Linwood Wilson, said Mr. Olatoye never told him about the new information, and added that he was now expected to file a new affidavit on Friday." NYT

Perhaps the most bizarre story of Linwood Wilson’s questionable conduct producing results opposite of what he intended predates the Hoax by several years. Hired as a private investigator by the family of a murder victim, Wilson testified at the trial of the victim’s killer, Brian Laws, an apparent homophobe who claimed self defense (he claimed to have feared his victim’s sexual orientation). While it might be expected that having been hired by the victim’s family would indicate Wilson had testified for the prosecution, he instead served as a witness for the convicted murderer, attempting to lend credence to the self defense claim by providing rumors that co-workers thought the victim was a homosexual, because they rarely saw him in the company of women.

“During the defendant's presentation of evidence, defendant attempted to offer the testimony of Linwood Wilson, a private investigator, to show "the general reputation of the victim in terms of his sexual persuasion."

The State (Nifong was the prosecutor) objected to the testimony, arguing that it was inadmissible under Rule 404(a)(2) of the North Carolina Rules of Evidence unless it went to the victim's reputation for violence. The trial court agreed with the State but allowed the defendant to make an offer of proof. Wilson testified that in the course of his investigation, he, personally, did not form an opinion as to the victim's sexual orientation. Wilson did, however, testify that several of the victim's acquaintances assumed he was a homosexual because "he was not seen with very many females" and "he always seemed to be with males." State v. Laws

While it is uncertain whether the Comedy of Errors that appears to define Linwood Wilson’s participation in the Hoax can be explained by incompetence, absence of integrity, or both, we do look forward to someone taking up his challenge to “bring it on.”

Murphy's Law

As the Hoax nears death, Wendy Murphy desperately attempts to promote the fading fraud. Having proven repeatedly that truth is but a minor inconvenience, Murphy’s latest efforts demonstrate just how far she is willing to distort reality in order to advance her agenda. In an email to supporters and a six page talking points memo published by the government funded National Sexual Violence Resource Center, Murphy appears to have found it necessary to contradict Defendant Nifong and the prosecution’s “evidence” and witnesses, including the false accuser herself, in order to continue to perpetuate the Hoax.

Murphy Email

Despite Dr. Brian Meehan and Defendant Nifong both admitting that they agreed to provide incomplete DNA testing results to the defendants, Ms. Murphy has deemed their public confessions nonsense.

“forgive me if this is repetitive or cross--posted but I have to respond to the latest in the Duke case in light of latest developments including that the defense claims the prosecutor had a secret deal with the DNA expert to hide evidence -- this is all such nonsense –"

Falsely, Murphy asserts that this information comes not from co-conspirators Nifong and Meehan themselves, but rather from the defense attorneys.

“First -- remember that all the information we are hearing is coming from the defense side and spinners --.”

In court and on national television, Dr. Meehan, hired by the State of North Carolina to help in the prosecution of the case Murphy venomously advocates, admitted that he conspired with Defendant Nifong to withhold the complete test results. In a statement to the press following the court testimony of Dr. Meehan and in a three hour interview with the New York Times, Defendant Nifong admitted that withholding the evidence was wrong. Murphy, however, would have her supporters believe that this revelation comes from the defense attorneys, rather than from the conspirators themselves.

Not surprisingly, while the North Carolina State Bar filed ethics charges against Defendant Nifong, Murphy nominates him for prosecutor of the year. Ironically, Defendant Nifong faces the possible loss of his license to practice law for his countless extrajudicial and deceptive statements, yet Murphy praises him for a silence that she imagines. While DA Michael Nifong has become a pariah among his fellow district attorneys, so much so that the North Carolina Conference of District Attorneys publicly issued a unanimous statement against him, Murphy falsely paints him as a role model.
“the prosecution is saying nothing and for that, he deserves prosecutor of the year award. The defense has been attacking and baiting him for months -- and his response has been quiet confidence -- good for him -- other prosecutors should take a lesson.”
Again, despite the apologetic admissions of Defendant Nifong and co-conspirator Meehan, Murphy contends, falsely, that they had the right to withhold evidence from the defendants. For Murphy alone, DNA evidence that offers evidence of actual innocence can be acceptably hidden, despite the violation of discovery laws such an action represents.

“Second -- there is nothing wrong with a prosecutor NOT revealing that a victim had other DNA in her body or on her underpants. Nor is it improper for the DNA lab NOT to reveal the information.”

As expected, the North Carolina State Bar has a different view of the impropriety of a District Attorney withholding evidence as today they have amended the charges (Amended State Bar Complaint Against Defendant Nifong ) filed against Defendant Nifong to include the misconduct that Murphy deceptively defends. (Perhaps they were not included on Murphy's listserve.)
"New ethics charges have been filed by the State Bar accusing Durham District Attorney Mike Nifong of withholding DNA evidence and misleading the court in the Duke lacrosse case.

"The amended complaint cites findings from April 2006 that DNA tests found on the alleged accuser excluded all of the Duke lacrosse players as potential contributors.
"The complaint also states Nifong was told of the test results by Brian Meehan, the director of the DNA company where the tests were performed.

"According to the complaint, during one of the meetings in April, Nifong and Meehan agreed that the findings would only include "tests for which DNA found on specific evidence match or was consistent with DNA from known reference specimens."

"The amended complaint also states that Nifong and Meehan agreed the "potentially exculpatory DNA evidence and test results" would not be provided to defense attorneys." WRAL
With logic that perhaps only she understands or believes, Murphy argues both that DNA testing should not be a part of a rape investigation, and that an accuser who repeatedly contradicts her story and whose multiple versions of events are each belied by all other evidence, including her previous renditions, is actually more credible than if her tale remained consistent.

“Irrelevant and constitutionally protected private information is often unveiled during rap kit exams -- which is why I have long advocated AGAINST doing any testing without a court order - and I teach those who deal with such evidence not to test the evidence”

“In any case -- if the victim was going to lie maliciously -- why say she was only 90% sure of the ID of one guy? Why would she have inconsistencies in her statements? Her lack of certainty undermines the claim that she made it all up.”

(The prospect of Wendy Murphy teaching “those who deal with such evidence” is beyond frightening.)

By voicing her disdain for DNA testing as a means to identify perpetrators of sexual assaults, it would appear, at first, that Ms. Murphy believes that an accuser’s words (apparently the more contradictory the words are the better it is) is the only evidence required in cases of sexual violence. However, in her efforts to hastily combat the damage to the Hoax done by the revelation of the Meehan/Nifong conspiracy, it appears that Murphy disputes the conclusion that the accuser’s word is golden. Murphy shows herself willing to contradict the accuser and the facts, if it helps to promote the Hoax.
“In fact, the guy Seligman who claims his cell phone calls "prove" his innocence actually lends support to the theory that he was the first guy to assault her -- which is what she claims -- and that it was oral -- because he could have assaulted her for the first few minutes -- then thought to himself "I've got to get out of here" -- which explains why he frantically and repeatedly called a cab. who frantically calls a cab to see if they're coming -- in a space of five minutes - especially considering that the guy went to an ATM and a pizza place when he left -- no real emergency there.”

“There's been no mention that the victim rejected over two million dollars of hush money last spring -- an offer from a group "on behalf of Duke". She wanted no part of the payoff.”
Despite the accuser’s statements to Durham Police investigators that she was never offered any hush money, Murphy falsely claims that she rejected the fictional offer. Murphy’s continued advancement of the fake bribe story reveals that she is totally unconcerned about what the accuser has actually claimed, and only interested in putting forth deceptions that allow unfounded suspicions to help her make more noise.

Murphy’s email predates the accuser's latest version told on December 21, a version which contradicts Murphy’s, as the accuser now says Seligmann didn't assault her at all, let alone first and orally. No doubt, Murphy will soon tell us that this enormous contradiction proves that the accuser is telling the truth now, even if she wasn’t then.

Murphy’s invention of repeated phone calls by Reade Seligmann to the cab company, despite publication of his and the taxi driver’s phone records that show only one phone call to request the pick up, reveals as well that Ms. Murphy is equally unconcerned that her false assertions are readily disproved. While Murphy asks “who frantically calls a cab in a space of five minute,” perhaps the more relevant question is “Who frantically distorts the truth for several months to promote a fraud?”

Murphy continues her deception by cleverly attempting to debunk the notion that Defendant Nifong’s race baiting effectively secured his election victory. As “evidence,” Murphy points to the primary election and cites the failure of Nifong to receive a majority of the black vote, while inventing factors such as a “ton of wealthy white votes” and a phantom opponent described as a “conservative wealthy white guy.”

“and nobody seems to care that despite claims that the prosecutor brought charges so he could win the "black vote", he didn't win the majority of black votes in the primary and more important, he lost a ton of wealthy white votes -- something he surely knew would happen if he brought charges - yet he brought the charges anyway. In short, he easily could have skated into his election by NOT bringing charges as evidence by the "type" of opponent that was propped up to run against him -- a conservative wealthy white guy.”

Conveniently, Murphy ignores the facts that neither of Nifong’s two primary opponents, Freda Black, a white female, and Keith Bishop, a black candidate endorsed by the county’s black PAC, were conservative wealthy white guys. Importantly, despite facing a black opponent backed by the black PAC, Nifong's racial pandering garnered him a plurality of the black vote. Later, when faced with two white male opponents in the general election, Nifong’s race baiting was rewarded with an incredible 95% of the black vote.

In the charges filed against Defendant Nifong, the State Bar notes that the prosecutor was first informed of the case when a non-testimonial order for DNA testing was sought. Bizarrely, Murphy attempts to argue that defense attorneys cancelled a fictional meeting with Nifong, Evans, Seligmann, Finnerty, and police, before Nifong was even aware of the case.

“It is also important to remember that the defense claims NOW that they wanted to meet with the DA to show him evidence of their innocence -- but the simple truth is - a meeting between the police, prosecutors and defendants was scheduled BEFORE charges were brought and at the last minute, the defense CANCELLED the meeting. Thereafter, the evidence was brought to the grand jury. The defense has no business complaining about not having a chance to show evidence to the prosecutor.”

Perhaps intent on setting a world record for the most consecutive false statements in a single email, Murphy concludes with several tired, repeatedly disproved false assertions: that the decision to bring charges was not at the discretion of Defendant Nifong alone; that Defendant Nifong secretly holds additional evidence, including photographs of the assault that never happened, in further violation of NC discovery laws; and that the defense hasn’t asked for a speedy trial or denounced Defendant Nifong’s delay tactics.

Talking Points

Under the guise of offering “context and facts,” the talking points memo published by the National Sexual Violence Resource Center, and funded in part by your tax dollars, echoes Murphy’s deceptive email. Demonstrating her trademark disregard for truth, Murphy begins her talking points by accusing the defense attorneys of violating the State Bar’s Professional Code of Ethics, while applauding Defendant Nifong’s supposed adherence to the same code. According to the talking points and despite the fact that it is Nifong, and not the defense attorneys, who now faces the prospect of losing his law license for his numerous false and inflammatory statements, Murphy encourages her fellow advocates to reverse the roles of truth teller and deceiver when speaking to the media.
"The following talking points offer some context and facts about this case in an effort to help support advocates in responding to the media.

“Over the past nine months, the public has been exposed to the partial disclosure of factsalong with speculation, misinformation, biased interpretation and strategic maneuveringby the defense. This has led to a distorted public perception of many of the facts in the case. Principally at work in this perception has been the defense attorneys’ strategy ofrevealing only selected portions of the evidence, excluding many important details and withholding other relevant and significant information. This kind of strategy becomes the basis for much of our public information and unfortunately for what we think is the truth in the case.

“The current public impressions of the ‘facts’ in this case primarily result from procedural rules that effectively allow the defense to selectively discuss and sometimes distort, certain pieces of evidence, while the prosecutor may not discuss the case at all – not evento rebut false accusations. For example, the defense can disclose evidence that theybelieve is helpful to the defense but refuse to disclose evidence that proves their clients’ guilt.

“The same is not true for the prosecution because if the prosecutor reveals the strength ofhis case, the defense can complain that this unfairly taints the jury pool or causes too much prejudicial pre-trial publicity. If the judge agrees, he can punish the prosecutor by suppressing evidence or dismissing the charges.

“But when defense attorneys unfairly taint the jury pool against the interests of the victim, there are no similar sanctions against them because a judge cannot punish the accused for the bad behavior of his lawyer.

"For these reasons, the public’s awareness of evidence is almost always favorable to the accused and far from a full disclosure of the truth.”
Murphy puts forth the false assertion that the December hearing was held to determine whether the rape kit results should be disclosed to the defense. To aid her deception, she invents arguments she imagines to have been made by the defense at the hearing she recreates to fit her purposes.
“In December 2006, the judge handling the case conducted a hearing to determine what ifany DNA material found during a rape kit examination should be disclosed to thedefense. The defense argued they should be allowed access to all information indicatingthe victim had prior sexual contact with men other than the defendants because theyhoped to provide the jury with an alternative explanation for the victim’s vaginal injuries. The judge agreed and ruled that the rape kit results be turned over to the defense.”

“The reason for the DNA hearing was for the judge to make determination regarding the release of information on the DNA material.”
In truth, Judge Smith had already ruled in September that the defense was entitled by law to the complete results of, and underlying data from, the DNA testing. At the time of the hearing in December, the defense was already in possession of those results, which the court had forced Nifong to turn over to them at the October 27 hearing.

On the basis of this invented December hearing and the imagined arguments put forth in the hearing that exist in her mind only, Murphy repeats her arguments that the withholding of this evidence was proper in the interests of protecting the accuser’s privacy. Ironically, the rationalization offered by Nifong and Meehan for their admitted failure to turn over clearly exculpatory evidence that the defendants had rights to was not based on the accuser’s privacy, as Murphy pretends, but rather, incredibly, on their supposed concern for the privacy of the “hooligans” who were tested and cleared by the hidden information.

Murphy expands her defense of Defendant Nifong’s conspiracy with Dr. Meehan to withhold exculpatory DNA evidence by suggesting that the defense team’s failure to seek sanctions against Nifong, after he was forced to remove himself from the case for the conflicts presented by the State Bar’s pursuit of his misconduct, indicates that they approve of his admitted failure to make timely disclosure of the exonerating evidence. With an odd abuse of logic, Murphy contends that the defense’s failure to appeal a non-existent ruling, to the Appellate and Supreme Courts, by the trial judge on sanctions they have not yet asked for indicates something other than her own detachment from reality and desperation for the Hoax to continue.
“Why didn’t the defense file an appeal to the North Carolina Appellate Court or the NCSupreme Court if they really thought the DA had violated the defendants’ rights?

“In fact, if there were any truth to the defense’s claim that Nifong’s handling of the issueviolated the constitution, they would have sought sanctions from the judge that handledthe motion and if they were correct, the judge would have at least criticized the DA, orsanctioned him in some manner, but he did no such thing. And if the defense truly believed Nifong violated some procedure or law, and the judge declined to issue sanctions, they would have appealed to a higher state court in North Carolina, or even to the Attorney General in North Carolina. They did not do so.”
The balance of the talking points encourage repetition of the tired, nonsensical, and untrue refrains we’ve heard repeatedly over the past several months:
  • Despite the accuser’s denial that she was offered hush money, let’s promote the rumor anyway.
  • Despite the defense’s motion for a speedy trial, let’s claim they haven’t filed one and pretend that it means something.
  • Despite Nifong’s admission in dropping the rape charges that he had no evidence, let’s hint that he has more evidence hidden.
  • Despite the defense attorney’s professional, legal, and moral obligations to vigorously defend their clients, let’s say that in doing so they indicate their client’s guilt.

The talking points clearly present the extreme contortions of truth undertaken by Wendy Murphy and the NSVRC, in an effort to encourage fellow advocates to aid in the dissemination of distortions and falsehoods in the interests of prolonging the Hoax. It is apparent that what matters to them is not the realities involved, but rather the opportunity the Hoax provides for giving a voice to a cause they strongly support. A cause that for them is seemingly more important than the foundations of the criminal justice system, which has become threatened by their advocacy. Willing to place lie on top of lie, Murphy again demonstrates that, for her, any means justifies the end she desires, regardless of the consequences her deception holds for those it directly affects.