Prosecutors drop charges in Duke case

[GaryC 7]

By AARON BEARD, Associated Press Writer

8 minutes ago

RALEIGH, N.C. - North Carolina's top prosecutor dropped all charges Wednesday against the three former Duke lacrosse players accused of sexually assaulting a stripper at a party, saying the athletes were innocent victims of a "tragic rush to accuse" by an overreaching district attorney.

"There were many points in the case where caution would have served justice better than bravado," North Carolina Attorney General Roy Cooper said in a damning assessment of Durham County District Attorney Mike Nifong's handling of the sensational, racially charged case. "In the rush to condemn, a community and a state lost the ability to see clearly."

Cooper, who took over the case in January after Nifong was charged with ethics violations that could get him disbarred, said his own investigation "led us to the conclusion that no attack occurred."

"I think a lot of people owe a lot of apologies to a lot of people," Cooper said.

At an often-bitter, I-told-you-so news conference with the three young men and their families, defense attorney Joe Cheshire accused the media of portraying the athletes as criminals, and said: "We're angry, very angry. But we're very relieved."

"It's been 395 days since this nightmare began. And finally today it's coming to a closure," said one of cleared defendants, David Evans, his voice breaking at one point. "We're just as innocent today as we were back then. Nothing has changed, the facts don't change."

He added: "I'm excited to get on with my life. It's been a long year, longer than you could ever imagine. ... But I hope these allegations don't come to define me."

Nifong was out of town and could not immediately be reached for comment. But his lawyer, David Freedman, said before Cooper's announcement that Nifong has "complete confidence in the attorney general's office to make the appropriate decision."

Evans, Reade Seligmann and Collin Finnerty were indicted last spring on charges of rape, kidnapping and sexual offense after the woman told police she was assaulted in the bathroom at an off-campus house during a team party where she had been hired to perform. The rape charges were later dropped; until Wednesday, the other charges remained.

The case stirred furious debate over race, class and the privileged status of college athletes, and heightened long-standing tensions in Durham between its large working-class black population and the mostly white, mostly affluent students at the private, elite university.

The woman is black and attended nearby North Carolina Central University; all three Duke players are white.

The attorney general said the eyewitness identification procedures were unreliable, no DNA supported the stripper's story, no other witness corroborated it, and the woman contradicted herself.

"Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges," Cooper said. He said the charges resulted from a "tragic rush to accuse and a failure to verify serious allegations."

Cooper offered no explanation for why the stripper told such a story and would not discuss her mental health or other medical history. However, he said no charges will be brought against her, saying she "may actually believe" the many different stories she told.

"We believe it is in the best interest of justice not to bring charges," he said.

The accuser's whereabouts were not immediately known.

Portraying Nifong as a "rogue prosecutor," Cooper called for the passage of a law that would allow the North Carolina Supreme Court to remove a district attorney where justice demands it.

"This case shows the enormous consequences of overreaching by a prosecutor," he said.

Cooper declined to say whether he believes Nifong should be disbarred, saying it would not be fair to pass judgment before he goes on trial before the state bar in June.

At the news conference with his former teammates, Finnerty said: "Knowing I had the truth on my side was really the most comforting thing at all throughout this last year."

Seligmann thanked his lawyers for sparing him from 30 years in prison for a "hoax" and complained that society has lost sight of the presumption of innocence. "This entire experience has opened my eyes up to a tragic world of injustice," he said.

The case was troubled almost from the start. DNA failed to connect any of the athletes to the 28-year-old stripper. One of the athletes claimed to have ATM receipts and time-stamped photos that provided an alibi. It was also learned that the stripper had leveled similar gang-rape allegations a decade ago, and no charges resulted.

Then, in December, Nifong dropped the rape charges after the woman said she was no longer certain she was penetrated.

Nifong came under furious criticism from the community, the university and other members of the bar for pressing ahead with a case that they said seemed pitifully weak.

The district attorney withdrew from the case in January after the North Carolina bar charged him with making misleading and inflammatory comments to the media about the athletes under suspicion. The bar later added more serious charges of withholding evidence from defense attorneys and lying to the court.

Among other things, Nifong called the athletes "a bunch of hooligans" and flatly declared DNA evidence would identify the guilty. He was also accused of withholding the results of lab tests that found DNA from several men — none of them lacrosse team members — on the accuser's underwear and body.

Duke suspended Seligmann, 21, of Essex Fells, N.J., and Finnerty, 20, of Garden City, N.Y., after their arrest. Both were invited to return to campus this year, but neither accepted. Evans, 24, of Bethesda, Md., graduated the day before he was indicted.

In the uproar over the allegations, Duke canceled the rest of the team's 2006 season, the lacrosse coach resigned under fire, and a schism opened up on the faculty between those who supported the athletes and those who accused them of getting away with loutish frat-boy behavior for too long.

The team resumed play this year.

http://news.yahoo.com/s/ap/20070411/ap_on_...1HzAi6EvNGs0NUE

[homesick_american 1]

I suppose I shouldn't hold out any hope of Sean Hannity shutting up about this case anytime soon.

[Hilarious Clinton 452]

That racist Jesse Jackson promised to pay for the black strippers college, whether or not she was telling the truth.

"The Rev. Jesse Jackson said yesterday that his Rainbow/Push Coalition will pay the college tuition of a black woman who told police she was raped by white members of Duke University's men's lacrosse team - no matter the outcome of the case.

"I can't wait ... to talk with her and have prayer with her, because our organization is committed, when she's physically and emotionally able ... to provide for her the scholarship money to finish school so she will never ... again have to stoop that low to survive," he said from Chicago in a telephone interview with The Associated Press.

When asked, Jackson also said that his group will pay for the woman's tuition even if her story proves false. Attorneys for the lacrosse players have strongly denied that any sexual assault took place at the March 13 party, citing DNA tests performed on all 46 of the team's white members that failed to match any samples taken from the woman."

[Nagishkaw 510]

That's mighty kind of the REV.

[devblt 0]

It's about time that the case was dropped

[William33 110]

I am getting really tired of politically motivated district attorneys, pushing marginal, if even legitimate cases through the courts. A daily occurrence these days. How can it be stopped?

[Heracles 417]

That racist Jesse Jackson promised to pay for the black strippers college, whether or not she was telling the truth.

Where is the outrage and protest against Jesse Jackson ruining these kids lives, by branding them racists and a rapist, just to promote his own agenda. I am sure the media and the vast majority of ignorant public will be quite about this one..

Edited April 12, 2007 by Infidel

[William33 110]

Jesse Jackson is an Azzhole!!

[Ban Hammer 13,342]

That racist Jesse Jackson promised to pay for the black strippers college, whether or not she was telling the truth.

"The Rev. Jesse Jackson said yesterday that his Rainbow/Push Coalition will pay the college tuition of a black woman who told police she was raped by white members of Duke University's men's lacrosse team - no matter the outcome of the case.

the lesson learned here - just claim to be raped by white college guys and get a free education. i wonder what trend this might lead to.

[almaty 19]

seriously just wrong, what a clusterf##k case against the innocent....where is the national outrage..as is the accusers going to be charged with filling out a flase police report

[Peikko 1,575]

the lesson learned here - just claim to be raped by white college guys and get a free education. i wonder what trend this might lead to.

Trend? #######? Who seriously believes that girls are going to suddenly start making false allegations en masse against rich folk to get a free education? This is a random, isolated case. Very tragic for all concerned but hardly an indicator of where society is heading, sheesh!

[derekkj 0]

Waiting for Sharpton to apologize as well.

Obviously not holding my breath.

[Heracles 417]

seriously just wrong, what a clusterf##k case against the innocent....where is the national outrage..as is the accusers going to be charged with filling out a flase police report

I should write to Jesse Jackson and ask, "where is your apology dumb ######..". Those kids should sue the ###### out of him for defamation.

[Heracles 417]

the lesson learned here - just claim to be raped by white college guys and get a free education. i wonder what trend this might lead to.

Trend? #######? Who seriously believes that girls are going to suddenly start making false allegations en masse against rich folk to get a free education? This is a random, isolated case. Very tragic for all concerned but hardly an indicator of where society is heading, sheesh!

Yes another 'random' incident.

The other day people attacked my idea of setting boundaries for the first amendment and stated how the first amendment is an integral part of America. That it should be left as it is yet clearly the first amendment only protects x people. A black rapper or comedian can pretty much use any derogatory comment or remark about white or black people yet 74% of Americans who are white have to walk on eggshells. No problem with calling people a redneck, which is racist, yet call someone black you know what and it is the end of that person's career, well in America..

I come from an ex convict nation; I am not going to be fooled by the people now using the race and slavery card to advanced their agenda, at the expense of everyone else. General observations like these guys hating the south for its past, yet most of them continue to live there. There are so many great and wonderful black Americans but they seem to be held back by fools, ignorance and bigotry in their community; such as Jesse Jackson, Al Sharpton and co..

Edited April 12, 2007 by Infidel

[Peikko 1,575]

You may make a case for there being 'another agenda' as regards the prosecutor, (which is not something I commented upon btw) but it is quite ridiculous to assert that crying wolf is suddenly going to be the modus operendi for poor girls to get through college. (of any race)

Edited April 12, 2007 by Purple_Hibiscus