DNA results exculpate Duke lacrosse players in rape case....Now what?
Lawyers for Duke lacrosse players announce DNA results and call for case against them to be dismissed…It was probably drowned out by our immigration rallies (did you see me?), but lawyers representing the Duke University lacrosse players accused of gang raping an exotic dancer made the undeniably stunning announcement yesterday that DNA results exculpate all of them of rape.
Here’s what I wrote on 29 March, in part, about the dancer’s accusations:
….Where I agree that the public should wait for a trial to determine the guilt of these players, the undisputed facts of this case compel Duke to pass summary institutional judgment.
Despite my legal restraint, however, I left no doubt that I thought the players were guilty as alleged. However, given the DNA results, I am now obliged to limit my condemnation of them to the undisputed facts, which include hurling racial epithets, refusing to cooperate with law enforcement authorities in the early stages of the investigation and fraternizing in a way that led one of them to write that criminally offensive email - just hours after this alleged rape - about having "some strippers over [and] killing the bitches" as soon as they walk into the dorm room. But this development clearly begs the following questions:
Does the absence of DNA evidence mean that this woman was not raped? NO!
Does the absence of DNA evidence mean that we may have been misled by the cruel, craven and conniving hoax of a black Susan Smith or another Tawana Brawley? YES!
Nonetheless, this sordid spectacle will have severe repercussions for race relations and rape victims (especially black women) for years to come. For now, I shall heed my own counsel and wait for the trial or until the DA announces that the players have all been exonerated.
Does the absence of DNA evidence mean that this woman was not raped? NO!
Does the absence of DNA evidence mean that we may have been misled by the cruel, craven and conniving hoax of a black Susan Smith or another Tawana Brawley? YES!
Nonetheless, this sordid spectacle will have severe repercussions for race relations and rape victims (especially black women) for years to come. For now, I shall heed my own counsel and wait for the trial or until the DA announces that the players have all been exonerated.
North Carolina civil rights leaders call for judicial due process and prayers...
In either case, some sober reflection is in order. And, incidentally, it is unseemly to argue now that the accused were all clever enough to wear condoms or restrict seepage. (res ipsa loquitur....)
But Durham DA Mike Nifong owes it to the players, the alleged victim and a very anxious and confused public to state, unequivocally and without further delay, what these results portend for the prosecution of this case. Because, despite vowing to continue the case even absent DNA evidence, I suspect he will find it legally and politically prudent to make the anticlimactic announcement, within days, that the case will be dropped and the alleged victim prosecuted for making a false claim....
Duke University, lacrosse rape case
In either case, some sober reflection is in order. And, incidentally, it is unseemly to argue now that the accused were all clever enough to wear condoms or restrict seepage. (res ipsa loquitur....)
But Durham DA Mike Nifong owes it to the players, the alleged victim and a very anxious and confused public to state, unequivocally and without further delay, what these results portend for the prosecution of this case. Because, despite vowing to continue the case even absent DNA evidence, I suspect he will find it legally and politically prudent to make the anticlimactic announcement, within days, that the case will be dropped and the alleged victim prosecuted for making a false claim....
Duke University, lacrosse rape case
posted by ALH ipinions at 4/11/2006 06:04:00 AM
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10 Comments:
ALH
It's big of you to now cast doubt on this woman's story and admit that you may have been misled. Unlike her other supporters like Greta and Rita who still think these players are as guilty as sin.
Hi Anthony
I'm one of the "anxious and confused" people who didn't know what to think when those results came out yesterday because like Ric said about Greta and Rita I thought the players were as guilty as sin. So thanks for once again putting a real difficult issue into perspective for me. It's reassuring to know that I wasn't crazy for thinking that these players behaved really bad and deserved to be disciplined even if they did not rape that girl.
Your links to Susan Smith and Tawana Brawley were interesting. I had no idea who they were. Things never change do they?
Mr ALH
As a Duke coed who marched in protest against those players, I want to thank you for putting this extremely upsetting incident into "sober" perspective for all of us who are now so conflicted. I believe in my heart that those boys did something bad but what that is now I have no idea. I agree that DA Nifong has to make a statement today!
let's face it, without the dna it's a she said they said. and that district attorney is only giving people who really want to believe this woman false hope by proceeding with this prosecution cause the only way he gets a conviction is with an all black jury.
Yes, I agree with your statement about a black Susan Smith. This crying "wolf" by various women, whether black, white or any nationality, makes it look bad for all women and subsequently darkens the waters for the women that it truly does happen to.
Your intelligent and opinionated but fairminded commentary on this confusing and emotionally charged case is exceptional. Thank you
Okay ALH:
The DA has now stated "unequivocally and without further delay" that he will prosecute these bums. So now what is right. Are you with us or not?
Lets be honest here folks, the DA is working a political route now. He cannot abandon this or he basically throws in the towl for his primary in 3 weeks. What are his choices? Abandon the case, where he will have pissed off absolutely everyone in Durham, advocates and opponents to the charges alike (trust me, I live near downtown Durham, no one is happy now)....or, he can stay the course, try and prosecute, and he can at least hope to gain the support of the group of folks that he was pandering to today...the ones who will think a rape occured even if the woman herself comes out and denies it.
JJ
My respect for America’s adversarial system of justice compels me to address your pointed question. However, if I can trouble you to reread them, you will see that I stated in my previous article and reiterated today that I reserve judgment on the guilt or innocence of these players until trial.
Nonetheless, as unabashed as I was in heaping social and moral condemnation on them - when the DA led me to believe that their incriminating DNA was present on the body of this alleged victim, I am equally unabashed in proffering the sober prospect that absent such evidence his chances of prosecuting this case successfully is virtually nil. And, fair or not, this is primarily because it will be very easy for defense attorneys to impeach the accuser’s credibility. After all, only today, her former lawyer revealed that she has 4 prior arrests - including larceny and a Cynthia McKinney-style assault on a police officer….
Indeed, as a legal matter, I am now constrained to wonder if, by proceeding with the case, the DA is allowing his political ambition to cloud his judicial duty. I am painfully aware of the emotions and racial tensions this case has incited. But as an advocate for black empowerment, I feel a special duty to ensure that we always channel our political activism and moral authority in constructive ways, and not allow anyone – including this DA - to pander to us for political gain.
Finally, please note that my reasonable doubt about the prospects for prosecuting them at trial does not preclude Duke University disciplining these players - as I delineated in both articles.
Anonymous (who lives near downtown Durham)
I was already onsite when you posted and did not have the benefit of your comment before posting my response to JJ. But I think you've summed up the DA's political dilemma rather well. And, I appreciate your describing it as a political, and not a legal, dilemma....
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