2007 - The Year the Hoax Died

The year 2007 was fatal for the Hoax, but offered a second chance for Justice. It began with a final delusional fable from the false accuser, which only Mike Nifong claimed to believe. As the end drew near, the Hoaxters tried without success to do the imposssible - to explain the obvious incongruities that existed from the start.

Durham PD's Deputy Chief Hodge, trying to prop up the talking point that the PD did a good investigation, reaffirmed they had a strong case. Despite the attempted whitewash report by Chief Chalmers & City Manager Baker, nobody was buying any excuses. Later in the year, Hodge, while a finalist for the new Police Chief still refused to admit the truth:

"During last night's public interviews of finalists to be Durham's new police chief, deputy chief Ronald H. Hodge drew laughter when he said he couldn't think of any major mistakes made by the police department in the past five years.”

SANE Nurse Tara Levicy, when confronted by the lack of DNA evidence, said this,

“I wasn’t surprised when I heard no DNA was found because rape is not about passion or ejaculation but about power.”

DA Nifong had been forced to turn over the case to NC AG Cooper and answer serious complaints from the State Bar. His responses to the complaint were quickly dissected by the Blog Hooligans and it was clear the NC State Bar had figured out the malicious actions of Nifong. We awaited the time that he would face a disciplinary hearing and possible disbarment.

Meanwhile the NC Office of the Special Prosecutors was at work and we waited impatiently for three months for their response. At last, our hope for vindication came true. On April 11 North Attorney General Roy Cooper said the words we were waiting so long to hear:

“The result of our review and investigation shows clearly that there is insufficient evidence to proceed on any of the charges. Today we are filing notices of dismissal for all charges against Reade Seligmann, Collin Finnerty and David Evans.

The result is that these cases are over, and no more criminal proceedings will occur.

We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations. Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges.”

Innocence had finally been formally acknowledged!

While the supporters of Reade, Collin, and Dave were rejoicing, those that supported the blatantly false accusation were left trying to explain away this false prosecution. Many expected there would be immediate demands to know why and how this outrageous false prosecution was started and/or sustained by the City of Durham and by Duke’s current Administration. But instead, the most common response was to affix total blame on just the rogue prosecutor and repeat the phrase: “Time to move on!”

Indeed the State Bar was “moving on” and ahead with Nifong’s hearing. State Bar attorneys Katherine Jean and Douglas Brocker had been investigating the actions of Nifong and of the Durham Police in detail for months.

They were ready.

We witnessed the unveiling of the “Mr. Obfuscation” road show as Dr. Meehan took his act on the road to Raleigh. He was greeted by derision in his rambling non-answers to this central question: why did he withhold exculpatory evidence from his lab report? Dr. Meehan embarrassed himself and his profession with his bizarre explaination that “non-probative” really didn’t mean “non-probative.” He asserted that any person reading his May report should have understood the all-important exculpatory evidence was….well, just there at his lab waiting for DA Nifong to ask for a full report! Dr Meehan’s feeble excuses were met with disdain… especially by Chair Lane Williamson, who dubbed Meehan most appropriately as “Mr. Obfuscation.”

We watched the emotional heart-wrenching testimony as Reade Seligman told of that horrible day when he had to tell his mom, “She picked me.” David Evans’s Dad detailed how this false prosecution had caused great damage to his family, both emotionally & physically. Collin’s Mom. Mary Ellen, articulated the horror this way:

"Nobody can give any of the three families back the 14 months that we have gone through"--emotional and physical pain. "Frightening beyond words."

As the evidence mounted, Nifong looked nervous and pale. As his case and reputation crumbled before him, he stated would resign as DA. Chair Lane Williamson, speaking for the panel that disbarred him, said this.

“When I think back to those early days in the spring of last year and we think of how public opinion was so overwhelmingly against these defendants and you think of the public aggravation that they suffered and then you look at how the truth came out slowly in small increments and look at the situation now as to what public opinion is there is a 180-degree turn. And those who made a rush to judgment based upon an unquestioning faith in what a prosecutor had told them were made to look foolish and many still do look foolish.”

After the hearing, Nifong would attempt to retain his office as long as he felt he could. But he was dogged by our own courageous LieStopper’s member, Beth Brewer. For over a year, since she started the Recall Nifong movement, she had fearlessly stood up to him and his corrupt prosecution! She was adamant that he be removed from his office. In February, she filed a §7A-66 affidavit accusing him of committing "willful misconduct in office." Judge Hudson delayed Nifong’s reckoning by postponing the action that was demanded in the affidavit until after the State Bar completed their work. With Nifong now disbarred, Beth and her attorney, Betty Lawrence - another of our original Liestopper colleagues, requested Judge Hudson act on the affidavit at once. Finally, after further shenanigans and a sham pretense that disgraced, homebound Nifong was “out of state”, justice finally triumphed! The once arrogant, “confidant” Nifong was forced to leave the stage, disbarred & disgraced, clutching his monthly $5,400 “pieces of silver. ” Nifong was revealed as a man so base he would trade his integrity, reputation, and the futures of three young men for a slight increase in public pension.

Nifong was fully exposed.

Durham was free at last from its own “Gollum.”

In June, Duke University would settle with Reade, Collin, and Dave for a reported multi million dollar confidential settlement. Duke apparently had realized their actions were egregious and the families had valid claims. We would later learn that ,within the week of NC AG Copper’s declaration of Innocence, Sane Nurse Tara Levicy would sell her house and quickly move out of state to New Hampshire.

In September Judge Smith heard the criminal contempt of court hearing charging Nifong with intentionally lying in court. He sentenced him to one day in jail as Judge Ronald Stephens wept as he declared his friend Nifong, the rogue prosecutor to be “A-OK.”

We watched the irony on Sept 7th as Elmo, the honest cab driver-witness that Nifong had tried to intimidate, watch the corrupt former prosecutor take that slow walk to jail..

Again we presumed that concerned authorities would have quickly moved to start a criminal investigation of this prosecution, especially after seeing and hearing the overwhelming amount of evidence in this case. Despite the many depositions and testimony of witnesses before the State Bar, in the investigation of the Special Prosecutors, and in the criminal contempt of court hearing, nothing happened. NOTHING HAPPENED. NC Roy Cooper claimed he need the support of the US Attorney Anna Wagoner who wanted nothing to do with this case.

Later in the fall, Professor KC Johnson and Stuart Taylor Jr would release their book, “Until Proven Innocent” to rave reviews like the following:

“Brutally honest, unflinching, exhaustively researched, and compulsively readable, Until Proven Innocent excoriates those who led the stampede—the prosecutor, the cops, the media—but it also exposes the cowardice of Duke’s administration and faculty. Until Proven Innocent smothers any lingering doubts that in this country the presumption of innocence is dead, dead, dead.”
--John Grisham

On the Duke Campus, the professorial group known as the “88” still refused to apologize for their actions, including the infamous “listening ad.” They rigidly maintained this position despite the knowledge that the NC AG’s declaration that no crime existed. Instead Duke elected Prof McClain, one of the “88” as Chair of Duke’s Academic Council. They continue to this day justifying their actions were misunderstood.

Clearly they lack the moral courage to confess their error and/or agenda and we were all left questioning this mindset wondering what other actions did they have in this rush for judgment against the entire Lacrosse Team?

In the end, it would be up to the Lacrosse Team of 2006 and their families to attempt to bring Justice to Durham. Attorneys for Reade, Collin, and Dave filed a devastating Civil Rights Lawsuit in Federal Court against 14 defendants’, including Nifong, the City of Durham, members of the DA staff and PD department along with DNASI and Dr. Meehan. No more would the corruption of the DAs Office and Police Department hide behind the protection of friendly Durham Judges as it once had. Nifong’s false prosecution, aided and abetted by so many, was now in the federal courts and guided by exceptional law firms who specialize in ligation.

Another law suit followed two months later with the filing of another shocking complaint against Durham & Duke University by three unindicted Lacrosse players. This complaint made it clear why Duke had settled with Reade, Collin, and Dave. It detailed among many things: a SANE exam which was known to be seriously flawed; supervisors who covered for it; a Duke Administration which lied about its jurisdiction, and enabled an officer (Gottlieb) with a record of bias against Duke students to assume control of the case. The case against Nifong and the Durham PD was made clearer.

2007 was the year the Hoax finally died.

What will 2008 bring us?

Rumors of another Lawsuit against Duke & Durham are posted in the press. We at LiesStoppers believe 2008 will be the Year that the Frame will be uncovered.

We wish the 2006 Lacrosse Team & their families the very best. They have our continued effort and support for as long as FULL justice eludes them.

Durham & Duke indeed “ picked on the wrong families” as Rae Evans had declared!

Those families have legions of devoted, capable, determined friends.