Thursday, December 28, 2006

The Duke "rape" case unravels The Duke "rape" case unravels

WSJ article: A Dirty Game: The Duke "rape" case unravels pretty clearly destroys the Duke lacross rape case. By all indications so far, the DA, Michael Nifong, stacked the deck in order to get indictments of three Duke LAX players in order to get reelected. This stacking included illegal lineups and failure to provide the grand jury (or opposing counsel) all the DNA evidence that would have made it clear that the suspects had not raped the woman (the DNA evididence apparently indicated that she had had sexual recent sexual contact with three men, just not with any of the LAX players). The major remaining issue seem to be:
  1. Will the DA dismiss the remaining charges before trial?
  2. Will he be disbarred, suspended, or just admonished for ethical violations?
  3. Will the three indicted LAX players win any damages for civil rights violations?
It took me awhile to figure out the civil rights angle, but it appears that the DA, who is white, was running for reelection in a black district. The African-American community pushed him to indict some lacross players, and he did so. He was thus renominated and reelected. Thus, we apparently have a white prosecutor indicting white defendants almost entirely because of their race.

Update: The N.C. bar has filed ethics charges against Nifong.

Update2: Here is the complaint by the N.C. bar. Note though that it concentrates on statements made by Nifong, and not on the exculpatory evidence he tried to hide. Thanks to Powerline.

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