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Duke lax and accusations

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Ponder this - the three families accumulated legal bills nearing 1 Million dollars apiece. Only one of which families is apparently very wealthy.

Also, despite the opinion of ESPN's "legal analyst" - an oxymoronic coupling if I ever heard one - others with legal training see the issue of Nifong's immunity from prosecution somewhat differently. More so because his actions went beyond the courtroom CANOE:

[SIZE=-0] While prosecutors generally have immunity for what they do inside the courtroom, experts said that protection probably doesn't cover some of Mike 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.
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Nifong as much as acknowledges that he wishes this whole thing goes no further in his apologia ..
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."
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Then there is the issue of whether the students should use their leverage, in the face of the extraordinary statement of their innocence by the NC Attorney General, to seek redress for the lack of support from Duke itself, the institution threw these guys under the bus and left them hanging out to dry.
 
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Steve19;810759; said:
I just hope these students get some justice. Their lives are changed forever.
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Too true. Despite what I wrote earlier that some in the legal profession suggest that suing Nifong is a possibility, in reality it is a moot point.

The expenses of the families are immense, and, even if they were to win against Nifong, or affectively shame Duke into ponying up to defray some of their cumulative expenses it will not erase the nightmare that was their daily lives for the last year and change.

Ironically, the likeliest outcome to provide them with needed funds is exactly that which they probably do not want to seek.

What is that solution? Selling their stories, in book, in made-for-TV movies, in exclusive interviews with Bawbwa Wawa and Bob Costas or (shiver) Gumbel.
Why wouldn't they want it? Because it places the faces and lives of these young men and their families squarely back under the spotlight of public scrutiny.

Hobson's choices abound.
 
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Duke University has sent an email out to their alums regarding their stance on the matter...

From: Duke Board Chair [mailto: [email protected]]

Subject: A message from the chair of Duke University Board of Trustees

Dear Member of the Duke University Community,

I write to you on behalf of the Trustees of Duke University.

Today the North Carolina State Attorney General announced that all remaining charges against David Evans, Collin Finnerty and Reade Seligmann have been dropped and should never have been brought. This announcement explicitly and unequivocally establishes the innocence of David, Collin and Reade, who with their families have suffered an unimaginable year of accusation and public scrutiny. They deserve our respect for the honorable way they have conducted themselves during this long legal ordeal that ends with their exoneration.

The Attorny General determined that there was no credible evidence to support the charges that were brought, with so many statements of certainty, by the Durham District Attorney last spring. Many have suffered from his actions, these three students and their families most of all. The Attorney General's investigation places responsibility for this miscarriage of justice with the District Attorney, and we now look to the proceedings of the state bar to call him to account before his peers.

Much as we wish that these three young men, their teammates and their families and indeed the whole community of people who love Duke could have been spared the agony of the past year, we believe that is was essential for the University to defer to the criminal justice system. As imperfect and flawed as it may be, it is that process that brings us today to this resolution.

Throughout the past year President Richard Brodhead consulted regularly with the trustees and has had our continuing support. He made considered and thoughtful decisions in a volatile and uncertain situation. Each step of the way, the board agreed with the principles that he established and the actions he took. As we look back and with the benefit of what we now know there is no question that there are some things that might have been done differently.
However, anyone critical of President Brodhead should be similarly critical of the entire board.

In closing, we express our relief for today's outcome and recognize the character that our three students, their teammates and all of their families have shown over the past year. Furthermore, we hope that the resolution of this unfair, divisive and painful episode can serve to unite us all. There is much to learn from the events that we have lived through, and we intend to put this learning to use. Duke is a great university that steps up to challenges and opportunities, and together we will use this moment to make our community stronger.

Robert K. Steel, Chair, Duke University Board of Trustees
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Make of that what you will.



---In regards to justice for the accused don't forget that [SIZE=-1] Crystal Mangum has profited financially from her slander. Any monetary benefit she received from her lies can (and should) also be targeted by the defendents.
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nothing referring to all of the professors that signed that letter condemning the kids. that's disappointing. also, there is one victim that has not been mentioned. that is the coach who was forced to resign.
 
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Now there is a book

Former Duke lax coach critical of administration

RALEIGH, N.C. -- After showing initial support for the lacrosse team amid rape allegations against three players, Duke University officials caved to pressure, the team's former coach says in a book that goes on sale next month.

Mike Pressler resigned under fire last spring on the same day university President Richard Brodhead canceled the season -- a move the book contends helped harden public opinion that the woman's allegations were true.

"It's Not About the Truth: The Untold Story of the Duke Lacrosse Case and the Lives It Shattered," goes on sale June 12. It's written by former Sports Illustrated reporter Don Yaeger with Pressler getting partial credit.

Remaining charges against three former lacrosse players were dropped last month by Attorney General Roy Cooper, whose office took over the lacrosse investigation from embattled Durham District Attorney Mike Nifong.

Entire article: http://sports.espn.go.com/ncaa/news/story?id=2859949
 
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BB73;810745; said:
ESPN's legal analyst said that there could be no suit against Nifong or anybody on the state's legal team, there are laws that protect them from that.

edit - Roger Cossack is the guy's name
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There is some immunity. But Cossack did mention that, although it is difficult, a suit could be maintained against Nifong individually.
 
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NCAA to allow Duke players to reclaim lost season

RALEIGH, N.C. -- The NCAA has granted Duke's request for an extra year of eligibility for its men's lacrosse players following rape allegations that led to the cancellation of much of last season.
The decision affects 33 players who were not seniors during the 2006 season, and it grants them a fifth year of eligibility regardless of whether they play at Duke or another school. The announcement Wednesday came just two days after the Blue Devils lost to Johns Hopkins by a goal in the NCAA championship game for the second time in three seasons.
"These individuals were involved in an unusual circumstance that we believe warrants providing them the opportunity to complete their four years of competition," said Jennifer Strawley, NCAA director of student-athlete reinstatement and membership services.

Entire article: ESPN.com: NCAA grants Duke lax players an extra season
 
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Now Nifong has his day in court - as the defendant. Well, in actual fact it is before a disciplinary committee of the NC State Bar.

ESPN -

Keys to the case, in which if Nifong is found guilty shall lead to him being disbarred --
Failure to release DNA Evidence and Prejudicial remarks.

Reaction of Seligmann, one of the accused players on the stand. (Houston Chronicle)

If Vegas were putting odds on this thing I suspect we would be looking at odds on for the decision to against Nifong. Following which does he becomes an easier target for a civil action (even if that may not net much in terms of cash)?
 
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Tearful Goodbyes for Nifong

RALEIGH, N.C. - A tearful Mike Nifong said Friday he will resign as district attorney after admitting that he made improper statements about three Duke University lacrosse players who were once charged with raping a stripper.

"My community has suffered enough," Nifong said from the witness stand at his ethics trial on allegations that he violated rules of professional conduct in his handling of the case.
The players were later declared innocent by state prosecutors.
The North Carolina State Bar said Nifong withheld DNA test results from the players' defense attorneys, lied to the court and bar investigators, and made misleading and inflammatory comments about the three athletes, who were cleared of charges they raped a stripper at a team party in March 2006.
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And this killer bit of understatement ...
"It has become increasingly apparent, during the course of this week, in some ways that it might not have been before, that my presence as the district attorney in Durham is not furthering the cause of justice," Nifong said.
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Ya think?

Rest is on Yahoo
 
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I love it. I hope his car blows up :tongue2:

On espn last week they interviewed the past coach and he was so against Duke and the way they handled it and what did they do, blamed him for all the trouble.
 
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Let's not forget that Nifong (whose actions have coined the term to be Nifonged = railroaded) was the one whose prejudicial words helped drum up the hate-mob.

castrate2pi2.jpg


These were the lax players fellow students - PC variety.

Bet they feel really good about themselves right now too.
 
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