Thursday, April 12, 2007

Duke Lacrosse

Looking back at my post on the Duke lacrosse case in April of 2006, I think I have been validated in my thoughts on the case. Clearly Mike Nifong, the district attorney who was in charge of the case (and up for reelection) pressed forward in a case that had little validity. Not only did he proceed with the case, but purposely had the accuser change testimony to incriminate the 3 lacrosse players when things didn’t go his way.

Now, all charges have been dropped against the 3 lacrosse players. This is after the initial rape charges were dropped by Nifong, but he kept sexual assault and kidnapping I believe. After this gaff, he allegedly removed himself from the case and turned it over to the state attorney general. The attorney general unlike Nifong conducted a good case, examined evidence and decided there was no basis for charges. The attorney general did not have much good to say about the case, including that “There were many points in the case where caution would have served justice better than bravado. And in the rush to condemn, a community and a state lost the ability to see clearly.” This hardly seems to back up the idea that Nifong acted properly, but rather acted in a way to make himself look better.

Not only did he decide that there were no charges, but he went as far as to proclaim the innocence of the three players, not just say there was not enough evidence for the case. This is a stunning blow, and it shows me that the country in the way the players were vilified lost sight of the fact that our court system is based on the presumption of innocence. That is not how this case played out. Cooper, the attorney general went as far as to “portray 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. He declined to say whether he believes Nifong should be disbarred.”(ESPN.com)

Now he question is what will the lacrosse players do, how do they get their dignity back and how do they get their good names back after being dragged through the mud for so long. There are reports that indicate that these players had issues prior to this, but the fact that a state attorney general would go as far as to proclaim their innocence speaks volumes for this case. The option of a civil suit against Nifong and Durham County, but rarely in a case like this can you win. The best action would be to fully investigate Nifong and all the inaccuracies in his case as well as how he handled all the evidence.

Despite the fact that names may have been tarnished for the accused, they will all almost certainly bounce back, coming from affluent families with the means to defend them. The biggest victim of this case is the North Carolina legal system and the way that it failed because of one prosecutor. Congrats Mike Nifong on the blundering and biased job you did of vilifying three young men and in the process failing the alleged victim. Perhaps if the case had been handled in a more consistent professional manner then some charges may have stuck. I fully believe that some violation of this women did occur, but the fact that the case was mishandled in such a way will leave that question unanswered.

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