Duke lacrosse case

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Genx87

Lifer
Apr 8, 2002
41,091
513
126
Originally posted by: Zebo
Originally posted by: ntdz
I can't believe they're charging the Duke players without any DNA evidence. How can you charge them with rape with no DNA evidence whatsoever? To me, the fact there is no DNA evidence exonerates them.

You don't need DNA evidence for rape because they could have used a condom. I mean really would you have unprotected sex with some whore? So more than likly *if*, and that's a big if, they did rape her they did use a condom. So all we have to go with is her credibility and the boys.

Obviously the cops and DA feel she is credible or they would'nt have conveined a grand jury in the first place. Now lets see what happens when a real jury is assembled.


Pubic hairs arent stopped from falling off by condoms.
Not that DNA is the sole reason I think this case will come back not-guilty. The photo's, the time stamps, apparently both players have proof they werent even at the house when the alledged rape took place.

This is going to be one hell of a sell for the prosecution from the leaks I have seen.

 

Zebo

Elite Member
Jul 29, 2001
39,398
19
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Looks like they wer'nt even around to rape her - bank staments and independant witness can prove it.
http://abcnews.go.com/GMA/LegalCenter/story?id=1858806&page=1

The prosecution should be ashamed of themselves being dupped by some drugged up crack whore felon besmerching these young men and thier school. $400,000 bail? Whatever happend to"Excessive bail shall not be required"?
 

kylef

Golden Member
Jan 25, 2000
1,430
0
0
Originally posted by: Zebo
You don't need DNA evidence for rape because they could have used a condom.
The problem is, condoms almost always leave behind traces of latex, lubricants, or spermicides. If she really were raped for 30 minutes by 3 individuals as she claimed, and if they had used condoms, then condom trace evidence should have been found.

According to the legal analysts, the fact that the DA got a court order to issue 46 DNA tests means either 1) they found direct DNA evidence or 2) they found no evidence of latex or spermacides that would indicate a condom was used. Supposedly prosecutors will not ask for DNA tests if neither of those conditions are met, and they certainly won't state to the press that the DNA "will implicate several team members."

So the fact that the DNA evidence did not match is pretty bad for the prosecution. There are now really just two scenarios: if they did collect direct DNA from her, then their sample evidence belongs to someone else who is not under indictment. On the other hand, if they were just searching for a match because they did not detect any condom trace evidence, it could indicate that there is no direct evidence that she had sex that night at all. Her other symptoms may have pre-existed the night in question.

So the only evidence the prosecution supposedly has at this point is the victim identification. But this latest story about one of the two having evidence which places him elsewhere at the time of the party would be absolutely devastating to the prosecution's entire case. If just one of her identifications were proved inaccurate, her entire credibility would be shattered.
 

BaliBabyDoc

Lifer
Jan 20, 2001
10,737
0
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Originally posted by: Genx87
Originally posted by: BaliBabyDoc
Getting into Duke definitely requires effort but many students are prep school . . . and that's more money than aptitude.

Duke has a terrible problem with grade inflation. They've tweaked at it in the past but in truth it's pretty easy to get As . . . particularly when a full load is 4 classes. I don't know about lax but bball players love Sociology.


I think evry school does this. My dad was in the carlson school of business at the University of MN. One of the top business school in the nation and was top of an accounting class with 30% test scores. He couldnt believe it but got an A+ in the class which means the avg could very well have been in the teens.

He went back to school when I did and got his accounting degree, just to say he did.

Every school does it to an extent but Duke is ridiculous. At least they were in the 90s. My high school shared a physics prof with Duke back in the early 90s. I stopped by his office (yes that means I was going to high school in Durham) one day and perused the tests posted on his door . . . 58 = A. Fortunately, he graded like that for my Astrophysics class too.

Here ya go (selective quoting so read it yourself it you want to see the Duke PR responses)
ESPN report: Is Duke making the grade?

'Outside the Lines' segment examines school's academic record among its athletes

February 27, 2002

By BRYAN STRICKLAND
Herald Sun
---
The report doesn't accuse Duke of any wrongdoing, but it suggests that Duke athletes get the chance to load up on easy classes with a preferential registration system.

It says that Duke basketball players gravitate toward sociology, which is considered by some to be one of the easier majors at the school, and it questions the difficulty of the summer-school and independent-study courses that have helped juniors Jason Williams and Carlos Boozer close in on graduating in three years.
---
The ESPN report quotes Stuart Rojstaczer, an environmental-sciences professor at Duke, as saying that athletes get 'first dibs' on registering for easier classes.
---
Boozer and Williams both took two independent-study classes during Duke's second summer session. The show states that during half of the six-week session, Boozer was out of town practicing and playing with the U.S. team competing in the World Championship for Young Men.
---
'This idea that somehow summer school is by its nature easier than the rest of the year is vastly oversimplified,' Kennedy said. 'There are things about it that make it more conducive to students doing well - there's nothing else going on, there's nothing else to do. You're not playing or practicing, so your time is all your own.

'So the context of summer school might make it more conducive to doing good work, but I don't believe the courses themselves are easier.'

Oh from my graduating class 64 UNC, mid50s NC State, and 20 Duke. Nothing could be finer than to be at Carolina!
 

kylef

Golden Member
Jan 25, 2000
1,430
0
0
Originally posted by: BaliBabyDoc
Oh from my graduating class 64 UNC, mid50s NC State, and 20 Duke. Nothing could be finer than to be at Carolina!
Did you go to NC School of Science and Math? My college roommate graduated from there in 1995.

Odd that your astrophysics prof graded like that, because 90% of the physics department flat-out refused to curve up. What was the prof's name?
 

piasabird

Lifer
Feb 6, 2002
17,168
60
91
Maybe the stripper offerred someone special extras that were illegal for more money and then when they could not pay she decided to claim she was raped.

I could see this happening.

She could have also got so drunk that after she left the party some stranger accosted her and because of the fog of her intoxication she did not know who she was with. It is hard to consider a stripper to be a trustworthy witness. The first thing I would do if I was defending the men is ask for a list of all her clients in the last 5 years and demand that they all be subpeona'd and then drag them all into court and find out just how trustworthy she and her employer really are.
 

zendari

Banned
May 27, 2005
6,558
0
0
Originally posted by: BaliBabyDoc
Originally posted by: Genx87
Originally posted by: BaliBabyDoc
Getting into Duke definitely requires effort but many students are prep school . . . and that's more money than aptitude.

Duke has a terrible problem with grade inflation. They've tweaked at it in the past but in truth it's pretty easy to get As . . . particularly when a full load is 4 classes. I don't know about lax but bball players love Sociology.


I think evry school does this. My dad was in the carlson school of business at the University of MN. One of the top business school in the nation and was top of an accounting class with 30% test scores. He couldnt believe it but got an A+ in the class which means the avg could very well have been in the teens.

He went back to school when I did and got his accounting degree, just to say he did.

Every school does it to an extent but Duke is ridiculous. At least they were in the 90s. My high school shared a physics prof with Duke back in the early 90s. I stopped by his office (yes that means I was going to high school in Durham) one day and perused the tests posted on his door . . . 58 = A. Fortunately, he graded like that for my Astrophysics class too.

Here ya go (selective quoting so read it yourself it you want to see the Duke PR responses)
ESPN report: Is Duke making the grade?

'Outside the Lines' segment examines school's academic record among its athletes

February 27, 2002

By BRYAN STRICKLAND
Herald Sun
---
The report doesn't accuse Duke of any wrongdoing, but it suggests that Duke athletes get the chance to load up on easy classes with a preferential registration system.

It says that Duke basketball players gravitate toward sociology, which is considered by some to be one of the easier majors at the school, and it questions the difficulty of the summer-school and independent-study courses that have helped juniors Jason Williams and Carlos Boozer close in on graduating in three years.
---
The ESPN report quotes Stuart Rojstaczer, an environmental-sciences professor at Duke, as saying that athletes get 'first dibs' on registering for easier classes.
---
Boozer and Williams both took two independent-study classes during Duke's second summer session. The show states that during half of the six-week session, Boozer was out of town practicing and playing with the U.S. team competing in the World Championship for Young Men.
---
'This idea that somehow summer school is by its nature easier than the rest of the year is vastly oversimplified,' Kennedy said. 'There are things about it that make it more conducive to students doing well - there's nothing else going on, there's nothing else to do. You're not playing or practicing, so your time is all your own.

'So the context of summer school might make it more conducive to doing good work, but I don't believe the courses themselves are easier.'

Oh from my graduating class 64 UNC, mid50s NC State, and 20 Duke. Nothing could be finer than to be at Carolina!


Athletes everywhere get to do something similar. They're not coming to Duke to do schoolwork.

Better that they take an easier major and graduate in 3 years than not graduate at all.
 

aidanjm

Lifer
Aug 9, 2004
12,411
2
0
Hatred of women and gays go hand in hand, perhaps:


Student Arrested In Duke Rape Faces DC Gay Bashing Charge
by 365Gay.com Newscenter Staff

April 18, 2006 - 12:00 pm ET

(Durham, North Carolina ) One of two Duke University students charged Tuesday with raping a female dancer also is accused of an attack on a gay man in Washington DC.

University lacrosse players Collin Finnerty and Reade Seligmann were arrested early Tuesday and charged with first degree rape, first degree sexual offense and kidnapping.

Bond for each was set at $400,000.

Finnerty, of Garden City, N.Y, is already facing an assault charge in Washington DC, the Durham Herald-Sun reported on Tuesday.

The charge stems from an incident on Nov 5 in which a gay man was attacked by three men in the Georgetown area of the district.

The victim in his report to police said that the three assailants hurled homophobic remarks while they beat him. He suffered a cut lip and multiple bruises.




Suspect In Duke Rape Case May Lose Gay-Bashing Plea Bargain
by The Associated Press

April 18, 2006 - 10:00 pm ET

(Durham, North Carolina) Federal prosecutors could revoke a deal reached in an assault case with a Duke lacrosse player charged with raping a stripper at a team party, a spokesman for the U.S. Attorney's Office said Tuesday.

Collin Finnerty, 19, of Garden City, N.Y., was charged with assault on Nov. 5, after he and two high school lacrosse teammates were involved in a confrontation with Jeffrey O. Bloxgom in Georgetown, according to records at D.C. Superior Court. (story)

Bloxgom said Finnerty and the other young men "punched him in the face and body" after he told them to "stop calling him gay and other derogatory names," according to the complaint. He added "that when he tried to walk away, the subjects without provocation attacked him, busting his lip and bruising his chin."

 

Zebo

Elite Member
Jul 29, 2001
39,398
19
81
Boorish behavior is nothing new for college boys but that does'nt mean they raped her. She probaly was insulted or unpaid and this is her retribution. Too bad she was so drunk (drugged?) she can't even falsly ID properly. This case is going nowhere if this stuff is true about bank statments providing an alibi.
 

ExpertNovice

Senior member
Mar 4, 2005
939
0
0
Originally posted by: Zebo
Originally posted by: ntdz
I can't believe they're charging the Duke players without any DNA evidence. How can you charge them with rape with no DNA evidence whatsoever? To me, the fact there is no DNA evidence exonerates them.

You don't need DNA evidence for rape because they could have used a condom. I mean really would you have unprotected sex with some whore? So more than likly *if*, and that's a big if, they did rape her they did use a condom. So all we have to go with is her credibility and the boys.

Obviously the cops and DA feel she is credible or they would'nt have conveined a grand jury in the first place. Now lets see what happens when a real jury is assembled.



That is true, when time has passed and the woman is later talked into going to the police. After she has bathed. In this case, She was examined by the police within hours of leaving the "party" still wearing the same clothes.

No DNA. No traces of latex which is found when a rapist uses a condom.

For those who are still calling her a stripper she calls herself an Escort.

Final punishment. She gets her "college" career paid for by Jesse Jackson, a book deal when she tells about her future "love child" and a huge out-of-court settlement because Jackson will blackmail Duke and the parents.

The probably victims of this story will have their lifes ruined unless they are Democrats in which case they will also be celebrated.
 

piasabird

Lifer
Feb 6, 2002
17,168
60
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If the victim is found intoxicated and is disoriented, how can she provide usable evidence? She could have been drugged with a date rape drug.

This will be one ugly trial. I say bring in all of her prior clients as witnesses.

She may have been using the stripping as a front for prostitution. Also the people she works for may have had prior knowledge and they may not want the court digging up all their records and interviewing all their clients.
 

owensdj

Golden Member
Jul 14, 2000
1,711
6
81
If it turns out she lied about the rape and that there really wasn't enough evidence for the DA to charge the students, can the students bring a civil lawsuit against the DA? They've lost their lacrosse season, had to post a $400,000 bail, been suspended from school, and had their reputations tarnished. All of that has to be worth something.
 

BaliBabyDoc

Lifer
Jan 20, 2001
10,737
0
0
Originally posted by: kylef
Originally posted by: BaliBabyDoc
Oh from my graduating class 64 UNC, mid50s NC State, and 20 Duke. Nothing could be finer than to be at Carolina!
Did you go to NC School of Science and Math? My college roommate graduated from there in 1995.

Odd that your astrophysics prof graded like that, because 90% of the physics department flat-out refused to curve up. What was the prof's name?

John Kolena
Go Unicorns!

gradeinflation.com . . . damn UNC right up there with Duke

biostats prof
In his new book, ?Grade Inflation: A Crisis in College Education,? Johnson, a former Duke professor, explains what he found in an analysis of student grades given in the 1998-1999 academic year at Duke. In short, instructors in natural sciences grade tougher than those in the humanities, and students gravitate toward disciplines and courses known for easier grades.

?The theme is that disparities in grading influence many educational decisions,? said Johnson.
Helllllooooo . . . sociology. Granted, it's possible (if not likely) this disparity exists at a lot of schools.

As for the topic, I'm technically on the fence. IMO, they definitely shouldn't have been suspended from school for being accused of a crime. But that's not an uncommon standard at reputable institutions. Every coach with sense makes it clear to their players that there will be a penalty for being in the wrong place at the wrong time.

As for the case, it just doesn't sound right from either side. Two women were being paid $400 each for 1-2hrs of "dancing", yet something prompts them to try and leave after less than 30 minutes. Maybe the guys were rude . . . maybe they were crude . . . but what "exotic dancer" would leave a well-paying gig due to rude or crude behavior from the audience? We've heard the dancers' account but I haven't heard anything from the players' side.

Everyone appears to agree that "someone(s)" followed the women out and convinced them to resume the show. But this DA clearly has a believable (to him) account about these two women being separated and something bad happening. It will be interesting to hear from the "other" woman. Granted, it doesn't make any sense whatsoever that they would get separated considering they were so seriously "disturbed" that they tried to leave.

Regardless, the players are innocent until proven guilty but that's based on principle NOT being Duke students or being "so and so's kid".
 
Feb 10, 2000
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Originally posted by: owensdj
If it turns out she lied about the rape and that there really wasn't enough evidence for the DA to charge the students, can the students bring a civil lawsuit against the DA? They've lost their lacrosse season, had to post a $400,000 bail, been suspended from school, and had their reputations tarnished. All of that has to be worth something.

Negative. FWIW, the grand jury found there was enough evidence for the case to proceed to trial. The only realistic way the DA could face any liability would be if he had maliciously prosecuted these guys when he knew or should have known they were innocent.

The reality is that many rape cases, particularly date-rape cases, are he-said, she-said affairs. Where there is a willing, persuasive victim, these cases are often taken to trial. The fact that the defendant is acquitted doesn't mean that he is innocent, and it would, IMO, be absurd to hold prosecutors liable simply because they have the balls to take tough cases to trial (just to be clear, none of my comments are specific to this case).
 

ExpertNovice

Senior member
Mar 4, 2005
939
0
0
Originally posted by: piasabird
If the victim is found intoxicated and is disoriented, how can she provide usable evidence? She could have been drugged with a date rape drug.

This will be one ugly trial. I say bring in all of her prior clients as witnesses.

She may have been using the stripping as a front for prostitution. Also the people she works for may have had prior knowledge and they may not want the court digging up all their records and interviewing all their clients.


She was photographed leaving the "party" within two hours of arriving. Date rape drugs don't wear off that fast and I doubt they take effect that fast.

She claims to be providing an escort service rather than being solely a stripper.





Originally posted by: owensdj
If it turns out she lied about the rape and that there really wasn't enough evidence for the DA to charge the students, can the students bring a civil lawsuit against the DA? They've lost their lacrosse season, had to post a $400,000 bail, been suspended from school, and had their reputations tarnished. All of that has to be worth something.

Not against the DA. However, she and Jesse Jackson will most likely be suing the Lacrosse Team and Duke as an extension of his extortion schemes.





Our definitions of free are different.






Originally posted by: DonVito
Originally posted by: owensdj
If it turns out she lied about the rape and that there really wasn't enough evidence for the DA to charge the students, can the students bring a civil lawsuit against the DA? They've lost their lacrosse season, had to post a $400,000 bail, been suspended from school, and had their reputations tarnished. All of that has to be worth something.

Negative. FWIW, the grand jury found there was enough evidence for the case to proceed to trial. The only realistic way the DA could face any liability would be if he had maliciously prosecuted these guys when he knew or should have known they were innocent.

The reality is that many rape cases, particularly date-rape cases, are he-said, she-said affairs. Where there is a willing, persuasive victim, these cases are often taken to trial. The fact that the defendant is acquitted doesn't mean that he is innocent, and it would, IMO, be absurd to hold prosecutors liable simply because they have the balls to take tough cases to trial (just to be clear, none of my comments are specific to this case).

Can you cite cases where the rape victim is tested for DNA within hours and before cleaning up and no DNA evidence is found and no traces of latex are found.

Can you cite cases where the arrival, "dancing", and departure are photographed.

Can you cite cases where five weeks after the rape victim was unable to identify her attackers (they took DNA from all of the Lacrosse team except one) she could now clearly identify them?

I can't exactly research this at the moment but a talking head stated that a website listed the names of the lacrosse team members with the richest parents. Five weeks after the no-DNA rape, plenty of time to complete such research, she could suddenly identify her rapists.

Can you cite a case where one of the rich kids supposedly picked up by a taxi driver (time stamp on the log), driven to an ATM (time stamp), to a fast food place (probably no time stamped receipt), and finally to a dorm (time stamp from swiping his card) all during the alleged rape. I mean to tell you size DOES matter if this information is true!

Yep, the information (we will have to see if the information is factual) about this case is becoming stronger and stronger for the lacrosse team. Still, the woman will profit. Jesse Jackson will profit. The lacross team will get screwed.

Now, if all the facts that are being reported in support of the lacross team turn out to be bogus or doctored then I say use them for lab experiments.
 
Feb 10, 2000
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Originally posted by: ExpertNovice
Can you cite cases where the rape victim is tested for DNA within hours and before cleaning up and no DNA evidence is found and no traces of latex are found.

There is no DNA evidence in the overwhelming majority of rape cases (the number I've seen recently is 85%).

Can you cite cases where the arrival, "dancing", and departure are photographed.

No, obviously this is unusual. Your questions which are specific to the facts of this case (like this one) are really irrelevant to other cases, and obviously there are few that match.

Can you cite cases where five weeks after the rape victim was unable to identify her attackers (they took DNA from all of the Lacrosse team except one) she could now clearly identify them?

I have seen cases like that, yes, where the accuser was either voluntarily or involuntarily intoxicated at the time of the attack (actually I prosecuted such a case when I was in the Air Force). Obviously it weakens the persuasiveness of her testimony.

I can't exactly research this at the moment but a talking head stated that a website listed the names of the lacrosse team members with the richest parents. Five weeks after the no-DNA rape, plenty of time to complete such research, she could suddenly identify her rapists.

Hard to comment on that since you don't really have a source for it (plus it sounds rather fanciful). Obviously if true, and if there were evidence the accuser had seen it, AND she accused one or more of the wealthiest team members, it would be evidence that would weaken her claims.

Can you cite a case where one of the rich kids supposedly picked up by a taxi driver (time stamp on the log), driven to an ATM (time stamp), to a fast food place (probably no time stamped receipt), and finally to a dorm (time stamp from swiping his card) all during the alleged rape. I mean to tell you size DOES matter if this information is true!

As I stated above, you're asking about facts so specific to this case that it's obvious I haven't seen something identical. If what you're saying is true (I have heard the same thing, but not from an unbiased source), the relevant defendant will almost certainly be acquitted.

Yep, the information (we will have to see if the information is factual) about this case is becoming stronger and stronger for the lacrosse team. Still, the woman will profit. Jesse Jackson will profit. The lacross team will get screwed.

Now, if all the facts that are being reported in support of the lacross team turn out to be bogus or doctored then I say use them for lab experiments.

I don't see how this woman will profit if she fabricated her story - if anything she'll be a pariah.

I have no idea if these guys are guilty or not, and I agree the case sounds a little dubious. I am skeptical, though, of the agendas of many of the people who are making the accuser out to be a villain here - I've heard some remarkably misogynistic and racist commentary with regard to this case (I am not referring to you).
 

Zebo

Elite Member
Jul 29, 2001
39,398
19
81
I've heard some remarkably misogynistic and racist commentary with regard to this case
People with lots of money who can bring out the troops to paint light on what kind of person the hooker really was and this goes to motive and character. Good for them. It's sad in a way the average american can't and instead relies on public defense or low ball defense and would most likly hang in such a situation with the relativly unlimted budget of prosecution against them. There was a special on PBS called Presumed Guilty which highlighted this dual justice tract that exists.
 
Feb 10, 2000
30,029
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Originally posted by: Zebo
I've heard some remarkably misogynistic and racist commentary with regard to this case
People with lots of money who can bring out the troops to paint light on what kind of person the hooker really was and this goes to motive and character. Good for them. It's sad in a way the average american can't and instead relies on public defense or low ball defense and would most likly hang in such a situation with the relativly unlimted budget of prosecution against them. There was a special on PBS called Presumed Guilty which highlighted this dual justice tract that exists.

There's definitely truth in what you're saying. I must say, though, I regard it as unfortunate that zealous defense of rape cases almost invariably involves hammering the accuser (whether she deserves it or not), because it deters other women from reporting rapes, particularly acquaintance rapes.
 

Zebo

Elite Member
Jul 29, 2001
39,398
19
81
Originally posted by: DonVito
Originally posted by: Zebo
I've heard some remarkably misogynistic and racist commentary with regard to this case
People with lots of money who can bring out the troops to paint light on what kind of person the hooker really was and this goes to motive and character. Good for them. It's sad in a way the average american can't and instead relies on public defense or low ball defense and would most likly hang in such a situation with the relativly unlimted budget of prosecution against them. There was a special on PBS called Presumed Guilty which highlighted this dual justice tract that exists.

There's definitely truth in what you're saying. I must say, though, I regard it as unfortunate that zealous defense of rape cases almost invariably involves hammering the accuser (whether she deserves it or not), because it deters other women from reporting rapes, particularly acquaintance rapes.
I don't understand that. If someone victimized me in such a brutal way I would'nt stop the press (you can't let some crazy run the streets not to mention justice factor). This business about scared or embarresed to testify and judges even allowing it in some cases is also a threat to our Bill of Rights.
 

dahunan

Lifer
Jan 10, 2002
18,191
3
0
Originally posted by: Zebo
Originally posted by: DonVito
Originally posted by: Zebo
I've heard some remarkably misogynistic and racist commentary with regard to this case
People with lots of money who can bring out the troops to paint light on what kind of person the hooker really was and this goes to motive and character. Good for them. It's sad in a way the average american can't and instead relies on public defense or low ball defense and would most likly hang in such a situation with the relativly unlimted budget of prosecution against them. There was a special on PBS called Presumed Guilty which highlighted this dual justice tract that exists.

There's definitely truth in what you're saying. I must say, though, I regard it as unfortunate that zealous defense of rape cases almost invariably involves hammering the accuser (whether she deserves it or not), because it deters other women from reporting rapes, particularly acquaintance rapes.
I don't understand that. If someone victimized me in such a brutal way I would'nt stop the press. This business about scared or embarresed to testify and judges even allowing it in some cases is also a threat to our Bill of Rights.


Once you are accused of a sex offense you lose your rights.. at least the right to know anything about the accusers past LIKE... whether she has ever brought false charges against anyone else .... and you can't bring their sex life into the court room either..

BUT.. the accuser can bring your sexual history into the court room and anything else they want...

Some people will think I am being insensitive.. but in a case of "she said/he said" with no physical evidence and no DNA ... why is the case still stacked against the defendant?
 

Zebo

Elite Member
Jul 29, 2001
39,398
19
81
Originally posted by: dahunan
Originally posted by: Zebo
Originally posted by: DonVito
Originally posted by: Zebo
I've heard some remarkably misogynistic and racist commentary with regard to this case
People with lots of money who can bring out the troops to paint light on what kind of person the hooker really was and this goes to motive and character. Good for them. It's sad in a way the average american can't and instead relies on public defense or low ball defense and would most likly hang in such a situation with the relativly unlimted budget of prosecution against them. There was a special on PBS called Presumed Guilty which highlighted this dual justice tract that exists.

There's definitely truth in what you're saying. I must say, though, I regard it as unfortunate that zealous defense of rape cases almost invariably involves hammering the accuser (whether she deserves it or not), because it deters other women from reporting rapes, particularly acquaintance rapes.
I don't understand that. If someone victimized me in such a brutal way I would'nt stop the press. This business about scared or embarresed to testify and judges even allowing it in some cases is also a threat to our Bill of Rights.


Once you are accused of a sex offense you lose your rights.. at least the right to know anything about the accusers past LIKE... whether she has ever brought false charges against anyone else .... and you can't bring their sex life into the court room either..

BUT.. the accuser can bring your sexual history into the court room and anything else they want...

Some people will think I am being insensitive.. but in a case of "she said/he said" with no physical evidence and no DNA ... why is the case still stacked against the defendant?

I totaly agree with you. With the huge penalties involved onous should be totally on her credibility making everything in on table.

I'm not sure about your specifics in so far as what can be brought in by accuser and defendant, maybe Don Vito can shed light on that, but there should be nothing left out.
 

BaliBabyDoc

Lifer
Jan 20, 2001
10,737
0
0
Can you cite cases where five weeks after the rape victim was unable to identify her attackers (they took DNA from all of the Lacrosse team except one) she could now clearly identify them?
Actually she made the ID TWO weeks or so after the alleged assault. Further, she identified TWO with 100% certainty and 90% certainty on the 3rd. But it is an interesting question as to why she wasn't asked to ID the perps within days of the attack.

I can't exactly research this at the moment but a talking head stated that a website listed the names of the lacrosse team members with the richest parents. Five weeks after the no-DNA rape, plenty of time to complete such research, she could suddenly identify her rapists.
As noted above, your timeline is off, so unless this website was posted several weeks ago it has no bearing on this case. In all likelihood, the PD/DA took the woman's statements about the names (which were fake) and physical descriptions to "profile" the perps. Contrary, to popular belief "all white people do NOT look alike." Seligman and Finnerty are very different from one another.

Can you cite a case where one of the rich kids supposedly picked up by a taxi driver (time stamp on the log), driven to an ATM (time stamp), to a fast food place (probably no time stamped receipt), and finally to a dorm (time stamp from swiping his card) all during the alleged rape. I mean to tell you size DOES matter if this information is true!
Seligman's alibi is interesting but NOT exculpatory. It would certainly be "odd" behavior after an attack . . . unless the person is a total sociopath. But from a time perspective it makes it "difficult" for Seligman to be a perp but not impossible.

The media account of his alibi (and timeline of the attack) certainly favors him but it just seems odd that this evidence would have been presented to the DA and they still indict the kid. If the DA was aware of this information then he must be packing some serious cheddar.

Yep, the information (we will have to see if the information is factual) about this case is becoming stronger and stronger for the lacrosse team. Still, the woman will profit. Jesse Jackson will profit. The lacross team will get screwed.
I'm not sure where your info is coming from but nothing as changed substantially with regards to the TEAM. It's never been a point of contention as to whether most of the team was innocent. The question was whether a few team members (or others at the party that were not on the team) committed a crime. The only TEAM offense was having this "party" in the first place . . . on that one . . . their guilt is self-evident.

I wonder if Bennett is behind the pix being released? I'm not a lawyer but seems like a decent lawyer would have put them out (including time stamps) weeks ago. They aren't necessarily exculpatory but they would have provided a very public accounting of how the woman was bruised when she arrived, was out of sight for no more than 20 minutes, and appeared somewhat at ease . . . albeit under the influence . . . afterwards.

I just don't get this whole thing. If I (or my team) was accused of rape, I would have given a minute by minute account of EVERYTHING that woman did, we did, and where it happened.

Player to PD/DA: Don't believe . . . HERE I've got pictures!
 

ExpertNovice

Senior member
Mar 4, 2005
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Originally posted by: DonVito
There is no DNA evidence in the overwhelming majority of rape cases (the number I've seen recently is 85%).
As I stated that is because in most rape cases either condoms were used (no traces of latex found) or the victim did not report the crime for more than 24 hours and had cleaned up prior to the examination. Neither of those happened in this case. This is a case of statistics not being accuratly used.



Can you cite cases where the arrival, "dancing", and departure are photographed.

No, obviously this is unusual. Your questions which are specific to the facts of this case (like this one) are really irrelevant to other cases, and obviously there are few that match.
That is why we are talking about this case. Just as your 85% "rule" was relevant so was my question.




Can you cite cases where five weeks after the rape victim was unable to identify her attackers (they took DNA from all of the Lacrosse team except one) she could now clearly identify them?

I have seen cases like that, yes, where the accuser was either voluntarily or involuntarily intoxicated at the time of the attack (actually I prosecuted such a case when I was in the Air Force). Obviously it weakens the persuasiveness of her testimony.
Wow, too drunk to remember the person but five weeks later they could remember. Considering that she saw pictures of all the team members and potentially saw a list of richest team members, yes, I would say it weakens the persuasiveness of her testimony.

I'm did a quick search "rich lacrosse team members web list rape" but will decline to open any of the links at the moment!




Can you cite a case where one of the rich kids supposedly picked up by a taxi driver (time stamp on the log), driven to an ATM (time stamp), to a fast food place (probably no time stamped receipt), and finally to a dorm (time stamp from swiping his card) all during the alleged rape. I mean to tell you size DOES matter if this information is true!

As I stated above, you're asking about facts so specific to this case that it's obvious I haven't seen something identical. If what you're saying is true (I have heard the same thing, but not from an unbiased source), the relevant defendant will almost certainly be acquitted.
Acquitted from the criminal trial but probably not from a civil case where the rules of evidence change dramatically. I do agree, and stated so although it was not quoted, that the taxi driver could falsify his testimony. If, however, it matches up logs that appear not to have been tampered with, plus an ATM transaction, plus dorm entry (if a log is kept) that would shore up his testimony.


Yep, the information (we will have to see if the information is factual) about this case is becoming stronger and stronger for the lacrosse team. Still, the woman will profit. Jesse Jackson will profit. The lacross team will get screwed.

Now, if all the facts that are being reported in support of the lacross team turn out to be bogus or doctored then I say use them for lab experiments.

I don't see how this woman will profit if she fabricated her story - if anything she'll be a pariah.

If she sues civilly then there will most likely be an out-of-court settlement because the cost of trial would be more than the settlement. Plus, Jackson has already said he would be paying for four years of college even if she is found to be lieing. That sure sounds like a profit to me. Plus, her name may never be known by the masses.





I have no idea if these guys are guilty or not, and I agree the case sounds a little dubious. I am skeptical, though, of the agendas of many of the people who are making the accuser out to be a villain here - I've heard some remarkably misogynistic and racist commentary with regard to this case (I am not referring to you).
As you are, I don't know what happened. Probably not in this forum, but it is possible that she was raped, cleaned up, went to the "party", then claimed she was raped at the party. Heck, she may even believe it.

Worse, the media from both sides tend to give one sided information.

Since you are not one-sided allow me to add my more normal comments. This is a sports team. Even if they are perfectly honest individuals we don't know that and, may I suggest, that most sports teams know how to cheat on exams. Perhaps even DNA exams. Again, I don't know what all happend I can only go by what is being played out in the press, from both sides.

What is clear to see is that in specific cases guilty until dead appears to be the standard.
 
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