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Duke Rape Sex Scandal: A Summary

Posted in Cornell University, Law, Rape, Scandal, Sex, Sports by Elliott Back on April 19th, 2006.

There’s a lot going around about the Duke Rape Scandal, where the Duke University Men’s Lacrosse Team hired two exotic dancers (read, strippers) for a house party and later allegedly raped one of them upstairs in a bathroom. Besides the issue of rape, there’s also talk of a hate-crime, because the lacrosse team is white except for one member, and the alleged victim black. This post will attempt to present facts surrounding the case, starting with the victim and suspects, circumstances and events, and then commentary.

The Victim

An anonymous 27 year old African American student at North Carolina Central University was allegedly raped by three white lacrosse players at 610 N. Buchanan Blvd, Durham NC 27701. The first page of an application for a search warrant indicates that her initials are GM, after being processed by enhancement software:

duke-rape-victim-name.jpg

abyss2hope argues for identification of the alleged victim on his blog: “Tucker Carlson argued vigorously against Susan Filan, a former prosecutor, that the name of alleged victim in the Duke lacrosse rape case should be made public information.”

The Suspects

Collin Finnerty, 19 of Garden City, N.Y, and Reade Seligmann, 20 of Essex Falls, N.J., are sophomores at Duke University and members of the men’s lacrosse team. As the victim has identified them with “100% certainty,” they have been arrested and charged with first-degree forcible rape, first-degree sexual offense and kidnapping. The defendants posted $400,000 bail. Finnerty was arrested last year for assaulting a man in Washington, D.C. According to the Washington Post, he “called the man derogatory names and anti-gay slurs, then punched him in his face and body when he told them to stop and tried to walk away.”

duke-rape-reade-collin.jpg
Reade Seligmann and Collin Finnerty

Last month, DNA tests on 46 of the team’s players (the team’s only black player was not tested because the victim identified her assailants as white) matched none of them. District Attorney Mike Nifong has said 75 to 80 percent of rape prosecutions lack DNA evidence. However, since the victim was examined within several hours of the incident, the DNA evidence will be hard for the prosecution to overcome.

Furthermore, Reade Seligmann has an alibi. At 12:24 a.m., his ATM card was used at a nearby Wachovia bank, and a written statement from a cab driver confirms driving him there. At 12:25 he was calling his out-of-state girlfriend. Then, the taxi drivers says that he drove Reade Saligmann to his dorm, where he entered at 12:46, according to electronic card logs.

Finally, the WRAL notes, “An exotic dancer who says three Duke lacrosse players raped her may have identified two of them based on photographs that show scratches on their bodies, a defense attorney for one of the men said Wednesday.” Identification by scratches does not seem to meet the 100% sure figure that the defense quotes for their identification.

The Events

The previously mentioned search warrant has a good outline of the claims that the alleged victim makes:

On 3/14/06 at 1:22am Durham City Police Officers were called to the Kroger on Hillsborough Road. The victim reported to the officers that she had been sexually assaulted at 610 North Buchanan Blvd. The investigation revealed that the victim and another female had an appointment to dance at 610 North Buchanan Blvd. The victim arrived at the residence and joined the other female dancer. The victim reported that they began to preform their dance in master bedroom area.

After a few minute, the males watching them started to get excited and aggressive. The victim and her fellow dancer decided tp leave because they were concerned for their safety. As the two women got into a vehicle, they were approached by one of the suspects. He appoligized and requested they go back inside and continue to dance. Shortly after going back into the dwelling the two women were seperated.

Two males, Adam and Matt pulled her into the bathroom. Someone closed the door to the bathroom where she, and said “sweet heart you can’t leave.” The victim stated she tried to leave and the three males (Adam, Bret, and Matt) force fully held her legs and arms and sexually assaulted her anally vaginally and orally. The victim stated she was hit, kicked, and strangled during the assault and she attempted to defend herself, but was overpowered. The victim reported she was sexually assaulted for an approximate 30 minute time period by the three males.

The Alibi Photo Timeline

There were 19 photos taken with a digital camera, timestamped, at the men’s lacrosse team party. The photos, taken between 11:02 PM and 12:41 AM claim to exonorate at least one suspect. What follows is a description of each photo:

11:02:36 p.m. Men are sitting around the house. Many have plastic cups in their hands.
11:08:28 p.m. Men throw their arms in the air as if they are cheering and posing for the camera.
11:09:25 p.m. A closer picture of a few men posing for the camera.
12:00:12 a.m. The first picture of the dancers. The accuser, wearing pink and white lace lingerie, is lying face down on the floor.
12:00:21 a.m. The accuser and the second dancer are dancing together.
12:00:29 a.m. Dancers are performing. The accuser has what looks like bruising on her knees. Her right shoe is missing from her foot. It can be seen in the background.
12:00:40 a.m. The two dancers are performing. A crowd of about 15 men is visible in the photo. The men are sitting on couches. They are not showing much reaction.
12:02:16 a.m. The accuser is on top of the second dancer. The accuser’s right thumbnail does not have a fingernail or polish on it. Her right pinky nail also does not have a nail. The men are smiling. The dancers are smiling.
12:02:46 a.m. A young man, who appears to be passed out, sitting in a chair.
12:03:57 a.m. The dancers by the door. The accuser’s right shoe is on the floor. The men in the room are sitting.
12:10:39 a.m. A young man passed out. His shorts are slightly pulled down.
12:30:12 a.m. The accuser is on the back steps of the house, alone. Her right shoe is off. She has a purse.
12:30:34 a.m. The accuser is still on the back steps of the house.
12:30:47 a.m. The accuser is on the stairwell of the back steps. Her mouth is open and her teeth are showing.
12:37:58 a.m. The accuser is lying on her back on the back stairs. She has a cut on her right foot. She has cuts on her right butt cheek. The stair rail has pink spots on it.
12:38:07 a.m. The accuser is lying on the back steps. A tan object can be seen in the background.
12:38:18 a.m. The accuser is still on the ground.
12:41:32 a.m. The accuser is seen getting into a black Honda Accord.

That “Vile” Email

duke-rape-ryan-mc-fadyen.jpg

Also of interest is the email that player Ryan McFadyen sent half an hour after the alleged attack, using his email account ryan.mcfadyen@duke.edu. A warrant to search his room in Edens Dormitory on Duke’s West Campus turned up the email. The full text of this email, which is sexually explicit, is not to be found in the mainstream news media. However, an uncensored version of it can be found in an application for a search warrant under the probable cause affidavit:

To whom it may concern

tommrow night, after tonights show, i’ve decided to have some strippers over to edens 2c. all are welcome., however there will be no nudity. i plan on killing the bitches as soon as the walk in and proceding to cut their skin off while cumming in my duke issue spandex.. all in besides arch and lack please respond

41

Ryan McFadyen was player number 41, and 19 years old. The typographical errors in this email are his. According the Duke University Former Men’s Lacrosse Team Coach Mike Pressler, this email is the cause of the season’s cancellation and his resignation.

That “Vile” Radio Show

On April 17, Michael Savage, a nationally syndicated radio show host said:

The Durham dirt-bag case disgusts me to my core. Here, you have a drunken slut stripping whore accusing men of raping her when there is absolutely no evidence of such a rape other than what comes out of that filthy mouth of hers. And what really gets to me, here, is not only the piling on by the vermin in the media — the spineless eunuchs in the media who are taking the side of an unknown accuser without ever having to ask her one question. What kind of system do we have that anyone can scream rape and not have to show her face, not answer to the public. And, yet, those she accuses are suddenly guilty until they’re proven innocent. This is all the product of the out-of-control lesbian feminist movement.

Bloggers Respond

Mary Katherine Ham writes, “They shouldn’t be presumed guilty because there are racial tensions in Durham; they are not guilty because they are white and privileged and their alleged victim was black; they are not guilty because there is a “culture of sexual entitlement” in collegiate athletics; they are not guilty because they had a stripper at their party.”

La Shawn Barber writes, “Although black-on-white rape is much more common than white-on-black rape, there’s something about the idea of a white man raping a black woman that brings out the retro speeches about slavery, white privilege, patriarchy, and the usual revisionist tirades.”

Talk Left writes, “The accuser got to the party at 11:30 pm. The evidence of sexual activity which the rape exam nurse found to be merely “consistent with” forcible sex, likely happened before she arrived, as did her physical injuries. There was a dispute (and possibly) a scuffle over the money - the players felt ripped off that the girls stopped dancing after just a few minutes and that one of them (the accuser) was too drunk to dance.”

Duke University Responds

The president of Duke University, Richard Brodhead, released the following statement:

For the past month, Durham and the nation have followed the allegations of a serious crime involving members of the Duke men’s lacrosse team. The emerging story has taken new twists and turns virtually every day. In this situation of inflamed passions and painful uncertainty, I have emphasized the importance of not rushing to judgment and allowing the legal system to establish the truth. I’m grateful that other Durham leaders, notably Mayor Bell and North Carolina Central Chancellor Ammons, have urged patience as well.

Today the case has taken a new turn: the grand jury handed down indictments against two students who have since been arrested. District Attorney Nifong will now have an opportunity to present his case, and we will learn on what basis he has pressed his charges. We also move from unfocused speculation about 46 members of the team to the court of law where the guilt or innocence of the individuals charged will be established. It is worth reminding ourselves that in our system of laws, a person is presumed innocent until proven guilty.

Many lives have been touched by this case. It has brought pain and suffering to all involved, and it deeply challenges our ability to balance judgment with compassion. As the legal process unfolds, we must hope that it brings a speedy resolution and that the truth of the events is fully clarified.

In the meantime, we have important work to do. The Duke and Durham communities must restore the bonds this episode has strained and learn whatever lessons it affords. Building upon the progress that has been made over the past decades, we must work to create a community that assures respect and dignity for all.

More Sources

Comments are appreciated.

Viewing 50 Comments

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    fascinating... we'll never know the truth, I guess. Those players seem pretty degenerate, though...
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    The players have no choice but to defend themselves in the press. They were quiet waiting with the rest of us to prove their innocence through DNA testing, but people like Nancy Grace, Rita Croby, Wendy Murphy, and others who want these boys found guilty even if they aren't, minimize the significance of absolutely no DNA evidence at all.

    Don't forget the absence of her DNA also suggests that a crime never occurred.
    1. no vaginal, blood, scat traces left at the supposed 'scene of the crime'.
    2. no saliva or tears where she claimed to be choked and orally raped (unless she licked everything up)

    These guys are going to be found innocent. I hope they pursue deformation litigation against the stripper, DA, and Durham. These boys must be compensated for being falsely accused of rape.

    When the accusation was made, the police questioned the three boys who lived in the house for over six hours, not one asked for a lawyer. The three boys even offered to take lie detector tests. When the entire team was told they had to submit DNA samples, they didn't call their parents or fight the warrant. The boys cooperated completely. These aren't the actions of guilty boys, and this will weigh much before a jury. Only when their parents witnessed the circus-like atmosphere created by District Attorney Mike Nifong, the boys were advised to remain quiet.

    Regarding the misleading claims that 70% of rapes don't have DNA evidence, is this percentage relevant to 'gang rapes' or the more common form of 'companion rape' "statutory rape" "stranger rape" "incest" etc... It's highly unlikely there would be a lack of DNA evidence in a gang rape. Where's her body fluids did she swallow everything?

    Why did the DA have the whole team surrender DNA samples if DNA samples are worthless as feminist and other witch hunters are trying to spin?

    The DA is currently playing down the importance of the DNA evidence because the absence of any DNA suggests that the crime never occurred. She picked two of the wealthiest boys to accuse, but she chose wrong. The alibi seems iron clad.

    Stripper claims: three men raped her on the bathroom rug,
    Fact:
    - No vaginal or seminal fluid, no skin, blood, or hair were found anywhere in the bathroom, bath towels, bath rug, door handle, bathroom floor, basin, water faucet handle, etc.
    - A man cannot take off a condom and not get DNA from himself or the female on his hands and not transfer it to everything he touches?
    - Accuser claims she was vaginally penetrated; accuser claims she was panicked and thought she was going to die; Where is her vaginal fluid, urine, or blood anywhere in the bathroom? Does her body defy basic physiology capable of keeping any ejaculate from spilling out?
    - Accuser claims she was anally penetrated; Where's her fecal material or scat smears in the bathroom? Does the accuser have inhuman anal sphinter control that prevented any of the ejaculate from dripping out?
    - Accuser claims she was orally sodomized; where is DNA from her saliva and tears? Did she lick up every drop and swallowed any evidence?

    Stripper claim bruises were result of an attack from three boys:
    Fact: Time-stamped photos prove stripper arrived bruised and cut while drunk.

    Nifong stated that a condom was used, if this is true than where is the spermicidal lubricant evidence? Where are the condoms? Where are the condom wrappers? Where is the empty condom box?

    If no DNA material were present on the stripper, than why were DNA samples taken? The District Attorney vigorously claimed that these DNA evidence will clear the innocent.

    The second stripper stated that she didn't notice any rape, and when they got back in the car the 'accuser' didn't mention anything about being rape.

    Apparently the second stripper charged with embezzling $25,000 changed her story to conspire with the lying stripper under-probation-for-larceny-and-trying-to-kill-a-police-officer-with-a-stolen-car as part of a deal with Nifong to get released from jail, also contacted a public relations firm to 'not let this opportunity pas her by and to spin it to my advantage'.

    This in the wake of pictures surfacing showing that the 'lying stripper' had those fake finger nails missing before the time she lied that a rape occurred.

    With the taste of his own foot still lingering in his mouth, District Attorney Mike Nifong has another piece of evidence blow up in his face, I wonder how's his ulcer is doing?

    So would it be his own aura or is it the universe's way of getting back at Nifong for destroying these young boys lives?

    It would be funny if Nifong's ulcer leads to a colonoscopy, or would it be 'ironic' or 'poetic justice' that he screws 47 boys over a false rape claim and have to take a 36 inch colonoscopy tube up his @ss for his part in the fiasco he created.

    Lets not forget that not only that there lacks any DNA evidence of the boys, but there's an absolute absence of DNA from her who claims she was raped vaginally, anally, and orally why wasn't any of HER vaginal, urine, blood, sweat, fecal, saliva, or tears not found anywhere in the bathroom? Nifong claims that condoms could have been used, then where are the condoms? The condom wrappers, the condom box, the spermicidal evidence from the rape kit?

    Some feminist claim the boys were drunk and where so overwhelmed with excitement that they couldn't ejaculate- not even one, obviously these women have never had sex with a 19 year old male or any male.

    Finally, don't forget the three boys who lived in the house agreed to be questioned by the police for over six hours, and volunteered to a lie detector test. When the boys were told to surrender DNA samples, none called their parents r tried to block the order, they complied because they new the 'stripper with the criminal record' was lying. These are not the actions of guilty boys, but Nifong claimed that they were all covering up for each other and will charge each of them with aiding and abetting because the only information they had is that no rape occurred.

    These boys were and continue to be put through hell by these criminal strippers and an unscrupulous DA. Hopefully these three will be held accountable for the racial riots pending the acquittal of these innocent boys.

    Below is the text of the e-mail sent by Kim Roberts to 5W Public Relations in New York. Roberts, an exotic dancer, accompanied the woman accusing members of the Duke University men's lacrosse team of raping her the night of March 13.
    Sent: Wednesday, April 19, 2006 2:21 PM
    To: Ronn Torossian
    Subject: duke lacrosse scandal
    Hi!
    My name is Kim and I am involved in the Duke Lacrosse scandal. Although I am no celebrity and just an average citizen, I've found myself in the center of one of the biggest stories in the country. I'm worried about letting this opportunity pass me by without making the best of it and was wondering if you had any advice as to how to spin this to my advantage. I am determined not to let any negative publicity about my life overtake me. I'm so confused as to who to talk to for relevant advice and I hope that you can return my e-mail. If you cannot help, do you know of any names and numbers I can call?
    Thanks for your time,
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    I know that you all haters of women believe that these boys/men did't rape this woman but they did. They will be found guilty and sent to prison and you all can go with them if you like. Imagine this for a moment,white boys/men checking into prison for raping a black woman and being cell mates with rough and tough BLACK MEN.WONDER HOW THAT'S GONNA TURN OUT.
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    THEY ARE GUILTY..THAT'S WHY FOX NEWS, HAS A STAKE IN PUBLISHING HER NAME AND ADDRESS..AND ANYONE AND EVERYONE THAT HAS READ ABOUT THIS KNOWS, THAT A RAPE OCCURRED. WHY ELSE WERE THE PHOTOS ALTERED?? AND I'M NOT GOING TO DISCUSS HOW THE DNA WAS TAMPERED WITH. AND AS FOR ANYTHING BEING LICKED UP--YOU MEAN CLEANED UP. THE POLICE PURPOSELY WAITED DAYS BEFORE INVESTIGATING...AND SOMEONE WAS STUPID ENOUGH TO MAKE A MISTAKE..AND NO MATTER HOW MANY POLICE OFFICERS LEAK INFORMATION TO PURPOSELY TAINT THE CASE..JUSTICE WILL PREVAIL...THE PLAN WENT BAD WHEN THE 2ND DANCER DIDN'T DRINK HER DRUGGED DRINK. THOSE VERMIN HAD PLANNED A DOUBLE RAPE & MURDER THAT WENT BAD.EVERYONE KNOWS YOU DON'T LEAVE WITNESSES.. BUT EVERYONE AT THE PARTY IS GOING TO HELL, FOR REMAINING SILENT. BECAUSE EVERYONE AT THE PARTY KNEW WHAT WAS GOING ON..YES IN A HOUSE THAT SIZE..AND FOR ANYONE THAT WANTS TO SEE RAPISTS GO FREE...I HOPE YOU GET WHAT YOU DESERVE 10X
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    JUSTCAUSE1: AMEN,TALK TO ME NOW. FOX news have tried to taint the jury pool with their reporting, as if the people in North Carolina would choose these rich white boys over justice being done. Just watch Hannity and Colmes,the beltway boys,. etc. They have called her a liar from the beginning. Sean Hannity is looking for ways to set Reade S. free and now that DUKE has released their report,you can see the glee in his eyes. AIN'T GONNA HAPPEN.
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    Seriously people? After the facts that have emerged thus far, how can anyone with even half a brain think these kids are guilty?

    What is it in the liberal brain that makes people so incapable of acknowledging clear, unadulturated fact? I mean, I understand that guilty lax players fits into your world view, and advances your 'cause' (sad as it is...)- but seriously- there are, in fact, obvious, objective facts in the world- how do you end up so wrapped up in your warped world view that you can ignore, twist, hem and haw your way around the obvious?

    People would take you nutty Cassandra-syndrome suffering idiots more seriously if you crouched your arguments in fact and logic. Instead, you squander any legitimacy you might have in idiocy such as you are displaying here...
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    LOGIC and COMMON SENSE:(for which you have absolutely none)your opinion,it's like a nose,everyone has one.
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    On March 14, 2006 two professional sisters were working the hood. Saw a chance to get paid. They ran a leverage-collection scam on some white members of the Duke University Men's Lacrosse team at a party they were hired to dance. They were contracted dancers, party girls, emphasis "par-taayy". Expected to get paid for "services". They and their routine ... both well known in the area by locals, and anybody street-smart, normally successful. They are on other tapes other places, doin same same. Unsophisticated college kids no match for the pair. Collegians could not deal. Party girls already dealt out serious bile, so leverage gone. This site serves as a watchdog, information hub, and activism vehicle to ensure these people at least become notorious, even if they can't get paid..
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    I don't think that's what happened.

    I really don't think those two black women are that smart or sophisticated. The 1st stripper lied when found drunk in another woman's car to avoid having her probation revoked (1st stripper was arrested in 2002 for larceny, auto theft, attempted murder of a policeman, and lewd public behavior).

    The 2nd stripper first stated that she didn't believe a rape occurred changed her story as a deal from the DA to support his claim of rape actually occuring, and has stated that she is trying to financially benefit from this scandal.

    Theopholous Washington... these black women aren't smart or sophisticated enough to plan something like this. They lied and other fools... like yourself "theo", made up the rest for yourselves.
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    2Your mamma...Seems to me you are the fool(believing only what the defense is spinning)because you've only heard one side of the story. Are you afraid of the truth or is it because she just happens to be a black woman? No one deserves to be Raped!!! Seems to me and all that these boys/men were not [smart] themselves,[Quite Dumb] as everyone can see. Do you know with certainty that this victim was drunk? If not, then shut your lying mouth.
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    A third indictment...Oops... But a new grandjury is handing down yet another. Mr.D.A. is just doing his job and doing it quite well. MIKE NIFONG...MORE POWER TO YA!!!
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    Great Thread. Duke won't be the last catholic school to be involved in a sex scandal.
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    Catholic School?

    These soul sistas are about as smart as my rectum. I hope they go to jail.
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    2joe... The "sistas" sure has ALL talking and some, "down right scared" in the largest high-profile case in AMERICA..... and on to the dumb ones....Ohhhh, the boys/men of the duke lacrosse team,who found themselves indicted. BACK AT CHA!!!
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    Wow! You got some issues justice. Calm down and take your medication. They're not my "sistas". I run in better educated circles. It doesn't take brains to cry rape, obviously their stupidity is catching up with the two "sistas". And a grand jury would indict a ham sandwich for the murder of the pig.

    Aaaaaany ways, I hope we got all that ghetto talk out of your system, so we can have an adult conversation instead of ignrant rantings.



    Lawyers are waiting in the shadows for lucrative civil suit

    A man stands in the shadows of the Duke Lacrosse 'rape' case…watching and waiting. While the three wealthy, white male students remains in criminal court, he is not likely to step forward.

    Even at this early stage, the stripper’s mother is "very much interested" in "getting Willie E. Gary is a litigator renowned for winning huge settlements.

    The stripper’s parents met with Gary in April. The meeting was facilitated by civil rights activist Rev. Jesse Jackson.

    Gary acts as a family adviser, and the parents are laying groundwork to make a civil bid. Public opinion can be a large bargaining chip in obtaining a lucrative settlement. Earlier, the parents spoke freely; now they’re being more media savvy.

    Essence Magazine featured three articles by Kristal Brent Zook. Each is sympathetic to the accuser. (1st) "Family Defends Daughter's Painful Past", (2nd) "Nowhere to Turn," depicts the accuser as living in terror. (3rd) is basically an announcement of Willie Gary's appearance in the case; it concludes by stating that the parents "worry that their daughter may…need additional legal guidance."

    Civil law deals in torts or harms inflicted by one person upon another; its purposes are compensation for actual or perceived damages.

    A "guilty" verdict in criminal court can be used to establish liability in a civil one but if the verdict is "not guilty" or the charges are dropped, a civil case can proceed independently.

    Kobe Bryant settled out-of-court settlement. Such settlements are not necessarily admissions of guilt. After months of media blitz, Bryant may have been embarrassed to settle, so civil suits could be lucrative even if the “accuser’s” claim is completely fabricated. The Duke students will face the same choice?

    Civil suits can be lucrative, and they’re easier to win; standards of evidence and other legal protections enjoyed by a defendant are significantly lowered in civil court.

    Clearly, her parents wish to explore a civil proceeding. Gary is conspicuously available.
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    I perfectly agree with her parents in whatever they do, their daughter has been brutalized, victimized, and raped, she derserves to be compensated and I hope she cleans their pockets. That will teach their parents to raise better children and it will teach them that money can't buy their way out of trouble. If you don't like my words, then shut your lying mouth. I believe in whomever I want. YES, I'm behind the "sista" and who cares or give a "d***n what you think or feel. I HONESTLY DON'T CARE BECAUSE YOUR LITTLE OPINION IS NOTHING. I WILL SAY IT AGAIN, THESE BOYS/MEN WILL BE FOUND GUILTY IN A COURT OF LAW AND SENT TO PRISON FOR THEIR CRIME. THE LITTLE SPEECHES WILL NOT HELP THEM. I HOPE THEY GET WHAT IS COMING TO THEM 10X.....YOU GOT THAT.
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    Everyone, including blacks and lower class whites, likes to see the rich jock fall from grace. That is why this story exploded the way that it did. Black female accuser vs. rich, priviledged, lacrosse players and the most important factor (they're white).
    Blacks are standing behind the accuser just because she is black. Whites are either siding with the players because they have read the "evidence" and details of the case, or simply because they are white.

    After reading most of what is available on this case, I believe that Nifong doesn't stand a chance, but hey, he's already been re-elected, who cares?
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    "common sense" clinched it as far as reasons for different groups standing behind either side. I totally agree, and also about the general resentment a lot of people have for white athletic types with a lot of money. Anyway, as as more evidence comes out (including how many clients the accuser has had sex with recently) it's looking more absurd than ever that charges were ever brought. Nifong must be a sinister schemer. Anybody would be crazy to attend school at Duke or in that County with that lunatic DA on the loose.
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