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freethought
Joined: 13 Mar 2005
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 Posted: Wed Apr 11, 2007 4:44 pm Post subject: |
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I have more than sympathy for anyone who is wrongfully accused or has their rights/freedom violated. Some of my most important formative experiences come from these types of incidents.
That said, I'm going to take the 'conservative' line on this and say one thing: had these boys not put themselves in this position they would never have had any problems. My bet is the school or team has a rule against visitng or ordering strippers. That alone likely contributed to their suspension from school. All of this could have been avoided had they just 'skipped the strippers'... so perhaps there's something to be learned from the christian moralists out there.
That said, they should go forth on lawsuits and get what they can, because they've been hit and hit hard and deserve compensation.
For the record, there is a pro-lacrosse league, but it doesn't pay enough to for a person to make a living off of it. |
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thepeel
Joined: 08 Aug 2004
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| Posted: Wed Apr 11, 2007 8:30 pm Post subject: |
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I read a while back that one of the families of these students had been pushed to bankruptcy defending their kid. They will sue, and the state will settle out of court to make it all go away, IMO. And that prosecutor should severely punished.
Also, all the professors from Duke who took out ads in newspapers defending the girl, in spite of the massive evidence that there was no evidence or rape, should immediately retract their words. The professors have pie on their faces.
For those of you who followed the story, do you think it would have been such a huge story had the strippers been white? How would it have been different? |
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Octavius Hite
Joined: 28 Jan 2004
Location: Househunting, looking for a new bunker from which to convert the world to homosexuality.
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| Posted: Fri Apr 13, 2007 7:48 am Post subject: |
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Well, well, well, didn't I just say this:
http://www.cnn.com/2007/LAW/04/13/duke.lawsuit.ap/index.html
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NEW YORK (AP) -- Lawyers for three former Duke lacrosse players are considering suing the district attorney who pursued rape and sexual assault charges against the three men, who were declared innocent this week by the state attorney general.
Durham County District Attorney Mike Nifong's issued a carefully worded apology to the players on Thursday, but it may not have been enough to prevent a lawsuit.
So far, attorneys for David Evans, Reade Seligmann, and Collin Finnerty have not said whether they plan a civil action against Nifong, but they have not ruled it out.
Prosecutors generally have immunity for what they do inside the courtroom.
But experts said that protection probably doesn't cover some of Nifong's more questionable actions in his handling of the case -- such as calling the lacrosse players "a bunch of hooligans" in one of several interviews deemed unethical by the state bar.
"I think their chances of success suing Mr. Nifong are reasonably good, despite what we call prosecutorial immunity," said John Banzhaf, a professor at the George Washington University School of Law.
North Carolina Attorney General Roy Cooper threw out the case against the three young men on Wednesday, pronounced them innocent and delivered a withering attack on Nifong, portraying him as a "rogue" prosecutor guilty of "overreaching." Cooper said Nifong rushed the case, failed to verify the accuser's allegations and pressed on despite the warning signs.
In his first comment on that decision, Nifong said in a statement Thursday: "To the extent that I made judgments that ultimately proved to be incorrect, I apologize to the three students that were wrongly accused."
He issued what appeared to be a plea to the students not to take any further action, saying, "It is my sincere desire that the actions of Attorney General Cooper will serve to remedy any remaining injury that has resulted from these cases."
Seligmann's attorney, Jim Cooney, said he would be advising his client's family of all of their legal options. "But nobody is racing to file any kind of a lawsuit at this point," he said.
Separately, the North Carolina bar charged Nifong months ago with several violations of professional conduct that could lead to his disbarment. The case is set for trial before a bar committee in June.
Among other things, the bar said Nifong made misleading and inflammatory comments about the athletes, even before they were charged. In the early days of the case, for example, Nifong said several times that members of the lacrosse team were not cooperating with investigators. Not true, according to court documents.
Experts said the ethics charges could form the basis for a lawsuit seeking damages from Nifong.
"Ordinarily, a prosecutor has absolute immunity for the actions he takes in preparation for a case, but there are some caveats to that, and one of them is he does not have absolute immunity for misleading statements he gives at press conferences," said Shannon Gilreath, an adjunct professor at the Wake Forest University School of Law.
Other actions Nifong took outside of the courtroom could open him up to a lawsuit, Banzhaf said. Nifong, among other things, directed the police lineup at which the accuser identified the three players; the lineup has been criticized as faulty. The bar has also accused Nifong of lying in court about having turned over all DNA test results to the defense.
"When he acts as an investigator and advises police, or makes representations to court which may be false, in all these situations he does not have absolute immunity," Banzhaf said.
But Norm Early, a former Denver district attorney who has worked for the National District Attorneys Association, said Nifong's actions alone are not enough to win a lawsuit. Nifong's intent is crucial.
"The protection of immunity is pretty broad unless it's ruled he had malicious intent or that it was something close to that," Early said. "It would be very difficult to prove a case against him."
The accuser could also be a potential target for a lawsuit. Cooper said his investigators concluded no attack took place.
"There's no question they've got a lawsuit against her if she's brought false charges against them, which may be even more easily provable than actions against Nifong," said Stan Goldman, a professor at Loyola Law School in Los Angeles.
Some have suggested the players and their families might sue Duke University, which has been heavily criticized in some quarters for suspending the players and canceling the lacrosse team's season before the young men were even tried.
A Duke spokesman declined to comment on the prospect of a lawsuit. |
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thepeel
Joined: 08 Aug 2004
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| Posted: Fri Apr 13, 2007 8:12 am Post subject: |
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Yes, you were playing the role of Governor Obvious for that one OH.
The guys should sue, Nifong should be strongly punished and the stripper should be charged with making false allegations. This needs to be cleaned up nice and proper like.
Also, the horrible "group of 88" professors should publicly accept the innocence of the 3 guys, lest we think that the professors are more concerned with identity politics than real truth and justice... |
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Octavius Hite
Joined: 28 Jan 2004
Location: Househunting, looking for a new bunker from which to convert the world to homosexuality.
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| Posted: Fri Apr 13, 2007 8:46 am Post subject: |
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| Yes, you were playing the role of Governor Obvious for that one OH. |
Well my obviously being right on many topics is ignored or scorned by the morons on this board (see StevieFrench, Wrenchie, Jinju the Commie).
And I would also sue the prof's who actively worked to destroy these boys reputations and ignored the "innocent until proven guilty" rule of American law. |
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thepeel
Joined: 08 Aug 2004
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| Posted: Fri Apr 13, 2007 9:04 am Post subject: |
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| Octavius Hite wrote: |
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| Yes, you were playing the role of Governor Obvious for that one OH. |
Well my obviously being right on many topics is ignored or scorned by the morons on this board (see StevieFrench, Wrenchie, Jinju the Commie).
And I would also sue the prof's who actively worked to destroy these boys reputations and ignored the "innocent until proven guilty" rule of American law. |
Yes, you are spot-on about many a topic. Many.
But the truth is, despite his weird homo-bigotry (I hate the word 'phobia', it is designed to belittle rather than describe), SM is quite often correct as well.
Back on topic. I think this case, to try and put it into a wider cultural context, (and maybe this is just blind hope) is a big step towards a move away from PC identity politics as the norm. Such a public embarrassment for, and accidental expose into the leftist victim industry must have a meaningful long term impact.. No? |
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Octavius Hite
Joined: 28 Jan 2004
Location: Househunting, looking for a new bunker from which to convert the world to homosexuality.
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| Posted: Fri Apr 13, 2007 9:25 am Post subject: |
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| Back on topic. I think this case, to try and put it into a wider cultural context, (and maybe this is just blind hope) is a big step towards a move away from PC identity politics as the norm. Such a public embarrassment for, and accidental expose into the leftist victim industry must have a meaningful long term impact.. No? |
I wish but probably not. Blacks are still unwilling to look constructively and en mass at their current cultural state. No matter how legitimate complaints about slavery, discrimination, hate crimes, glass ceilings, etc are, they mask the larger issues of crime, gun violence, drug abuse, sex abuse, HIV/AIDS that have very little to do with "white folk". In fact I can count on one hand how many black leaders/luminaries actually demand that other Blacks take some sort of responsibility (Bill Cosby, Morgan Freeman, and Oprah Winfrey come to mind). As long as the black community continues to only recognize gang bangers, rappers, pro-athletes and degrades people like Barack Obama, Cosby, etc this type of black vs white political foolishness will continue. |
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cbclark4
Joined: 20 Aug 2006
Location: Masan
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| Posted: Fri Aug 31, 2007 8:11 pm Post subject: |
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Ex-Durham DA sentenced to one day in jail
Judge rules Nifong misled court during Duke lacrosse case
Updated: 10:54 p.m. ET Aug. 31, 2007
DURHAM, N.C. - The prosecutor who led the now-discredited rape case against three Duke University lacrosse players was held in criminal contempt of court Friday for lying to a judge when pursuing charges against the athletes.
Superior Court Judge W. Osmond Smith III sentenced Mike Nifong to a day in jail. The former Durham County district attorney, who was already stripped of his law license and had resigned from office, had faced as many as 30 days.
�If what I impose with regard to Mr. Nifong would make things better or different for what�s already happened, I don�t know what it would be or how I could do it,� Smith said. |
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