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Dangerous A

If it gets shut down, oh well-Duke LAX team not a match

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http://sports.espn.go.com/ncaa/news/story?id=2404002

 

DURHAM, N.C. -- DNA testing failed to connect any members of the Duke University men's lacrosse team to the alleged sexual assault of an exotic dancer, attorneys for some of the players said Monday.

 

Citing DNA test results delivered by the state crime lab to police and prosecutors a few hours earlier, the attorneys said the test results prove their clients did not sexually assault and beat a dancer hired to perform at a March 13 team party.

 

No charges have been filed in the case.

 

"No DNA material from any young man was present on the body of this complaining woman," defense attorney Wade Smith said.

 

The alleged victim, a 27-year-old student at nearby North Carolina Central University, told police she and another woman were hired to dance at the party. The woman told police that three men at the party dragged her into a bathroom, choked her and sexually assaulted her.

 

Authorities ordered 46 of the 47 players on Duke's lacrosse team to submit DNA samples to investigators. Because the woman said her attackers were white, the team's sole black player was not tested.

 

District Attorney Mike Nifong stopped speaking with reporters last week after initially talking openly about the case, including stating publicly that he was confident a crime occurred. He went on to say he would have other evidence to make his case should the DNA analysis prove inconclusive or fail to match a member of the team.

 

Smith said Nifong now has the evidence needed to change his mind.

 

"He doesn't have to do it," Smith said of filing charges. "He is a man with discretion. He doesn't have to do it, and we hope that he won't."

 

On Sunday, Bill Thomas, an attorney for one of the Duke players, said time-stamped photographs will show the alleged victim was already injured and "very impaired" when she arrived the March 13 party.

 

Thomas said some of the photographs show extensive bruises and scrapes on her legs, especially around the knees.

 

The lacrosse team's season was called off last week, and coach Mike Pressler resigned.

 

 

 

No Duke LAX players DNA matched. If this gets shut down by a mod because certain people can't debate, I understand. However, it was a debated topic about 70% of the time. (the rest was stupid namecalling)

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The thread was fine until the end. Then it just got out of control.

As for the story, it does bring up questions about where do they go from here? Do they continue to punish the program or do they go back to business as usual? And what about the coach, was he fired for something he shouldn't have been fired for or was Duke just in removing him.

 

Lots of questions that should make this a big story. Course I wonder if we'll hear another peep about it now.

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There is alot to still be answered here. The defense is claiming that the DNA test showed she had no sex of any kind recently, yet the medical test we know said she showed signs of sexual assault. If not assault she had to have had at least rough sex. But according to the defense, the test show she didn't even have that.

 

Wierd.

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Agreed.

 

I wonder if in her report she stated whether or not the guy/guys wore condoms or something. Still, this has to hurt her credibility, at least on the surface.

 

Perhaps she's covering for a boyfriend or ex boyfriend who got rough with her. As you said Ripper, weird.

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Guest Princess Leena

Or, it's possible she's trying to suck money out of these rich college boys.

 

Plus, with DNA... can't those tests determine if they even like touched her? For example, if one of their hairs were on her body or clothes?

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But they are saying that the DNA is saying she didn't have sex of any kind recently.

 

The medical report supposedly supported sexual assault and sodomy. I don't see how both can be true. I would have to see what the prosecutor says. I mean, even if she danced at the place, she would have gotten a hair or something somewhere. NO DNA evidence at all? Did she go home and shower and bathe or something.

 

The way it is being reported does hurt her credibility though it has to be remembered that the DEFENSE is the one that is reporting the results. I will wait till both sides make their case.

 

And seriously Leena, you can only sue a person for their income, and seeing as they are college atheletes, they don't have any. There is no money in going for a civil case here.

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The problem typically isn't what DNA can match as much as determining what is from the attacker(s) as opposed to the victim.

 

As such, it means that the contents of the rape kit performed on her will determine the limits of the testing that can be done.

 

 

Semen is an easy one because of biology, as it's obviously not hers.

 

Blood, once typed to show that it doesn't belong to the victim, can narrow down possible suspects or, given a good enough sample, do a DNA match.

 

 

Hairs can also be tested but, depending on whether this dancer's runway was shaved, may be hard to determine if they're hers or the attacker's.

 

 

 

However, the fact that they tested the entire team, save for the lone black man, based off of her description seems to indicate that they don't have any hairs to test against because you'd think there'd be a set of hair colors to look for.

 

Ex- If a hair found is blonde or red, that excludes a lot of people that they'd be checking from the team.

 

They could also check a blonde hair to determine whether it's been bleached or is natural, which could further narrow down suspects.

 

 

 

 

My guess is that she DID do the party, nothing happened there, she went home afterwards and was smacked around by her boyfriend, then decided to make a little money off of the situation.

 

While it's usually impolite to impune the credibility of a rape victim, it's easier to do in this case since she narrowed the field of suspects to about 48 guys and all of them came up clean on the DNA tests.

 

 

 

EDIT-

 

BTW, Ripper...

 

I think the threat of lawsuit and singling out specific team members IS a likely motive because people who have plans on going far in life don't like to leave a trail of serious allegations in their wake.

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When I heard that the police cancelled out the one black member of the lacrosse team before any DNA tests had been made, I felt this story was a little fishy. This woman should issue a major apology to every single member of the Duke lacrosse team. Durham is a terrible city where gangs line the streets, she put alot of people's well-being at risk with her allegations.

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When I heard that the police cancelled out the one black member of the lacrosse team before any DNA tests had been made, I felt this story was a little fishy. This woman should issue a major apology to every single member of the Duke lacrosse team. Durham is a terrible city where gangs line the streets, she put alot of people's well-being at risk with her allegations.

 

Considering she said the alleged attackers were white, why would they test the black guy?

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Whoa now. It hasn't been said she was lying yet. The DNA test, ACCORDING TO THE DEFENSE TEAM OF THE PLAYERS say that nothing turned up. I honestly don't know either way or the other. I am still confused at how you can have evidence of sexual assault and then have no evidence of her having sex at all according to the defense.

 

"The truth is if you speak to crime lab directors, they will tell you that in only a relatively small number of cases is there any DNA evidence," said Peter Neufeld, co-founder and co-director of the Innocence Project, which uses DNA to free people wrongly imprisoned. "In rape cases there is an expectation of DNA, but like many expectations, often it is misplaced."

 

Its a little early to be saying who should be apologizing to who. If the prosecution goes ahead with the case, you know that they must have a reason.

 

And teke, I don't think you are getting what I am saying here. She couldn't get any money from anyone. The only way I could see this working for money is blackmail, but you don't call the cops first in the case of blackmail.

 

IF she made it up, she would be doing a shitty job of trying to get money out of the deal.

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My cousin, who is one of the few African-American's who attend Duke, was pretty pissed off, when he found out the DNA test don't match.

 

And yes racism in Durham is pretty bad, I have alot family in NC.

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I would like to add that I hate this new era of "justice". It was bullshit that this was plastered on the news, it is bullshit that its being judged across the nation before all the facts are in. Media being in everywhere and everything is ruining the justice system for alot of people.

 

Famous people should just go around raping people because by the time it would get to trial the public would have called the victim all kinds of whores and liars they would get away with it.

 

Ripper- Still kinda pissed at Kobe walking away after being a rapist.

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Whoa now. It hasn't been said she was lying yet. The DNA test, ACCORDING TO THE DEFENSE TEAM OF THE PLAYERS say that nothing turned up. I honestly don't know either way or the other. I am still confused at how you can have evidence of sexual assault and then have no evidence of her having sex at all according to the defense.

 

Depending on the nature of the injuries involved, they may be either rape-related injuries OR the types of damage caused by consentual rough sex.

 

If the DNA of the players can't be matched, it doesn't get them off the hook but it DOES open the question up of "Did she sleep with her boyfriend? Some guy she picked up at a club? Some john she met at work?"

 

 

The situations where it's unquestionably rape tend to be ones with a lot of graphic damage and tend to yield good evidence if a rape kit is done immediately.

 

 

"The truth is if you speak to crime lab directors, they will tell you that in only a relatively small number of cases is there any DNA evidence," said Peter Neufeld, co-founder and co-director of the Innocence Project, which uses DNA to free people wrongly imprisoned. "In rape cases there is an expectation of DNA, but like many expectations, often it is misplaced."

 

Its a little early to be saying who should be apologizing to who. If the prosecution goes ahead with the case, you know that they must have a reason.

 

While this may be a question of PR rather than law, having 98% of the Duke team DNA tested by request of the victim's lawyer and, subsequently, results come back showing that there is no DNA match between any of the players and the evidence found on the victim looks REALLY bad.

 

 

By asking for DNA samples rather than, say, a hair sample with a root, it implied that there was semen found and that they could run a check against it.

 

By coming up with no matches, it gives the perception that either she's lying or that the evidence is not in her favor.

 

 

And teke, I don't think you are getting what I am saying here. She couldn't get any money from anyone. The only way I could see this working for money is blackmail, but you don't call the cops first in the case of blackmail.

 

IF she made it up, she would be doing a shitty job of trying to get money out of the deal.

 

If she made it up, she's playing a high-stakes game of poker with her life, the lives of those players, the families of everyone involved, and the law.

 

 

In theory, a liar would be found out when the case went to trial and would be lucky to just get off with humiliation.

 

In practice, a liar may be able to con one of the sides into "folding" by getting a payoff to change her story and go away, especially if she's about to name someone and that person thinks that there's a chance they'll either get punished if it's a straight he-said-she-said case OR they think they'll get off but they'll be OJed (be popularly assumed to be guilty no matter the verdict).

 

 

 

 

There is also the possibility that either she lied about the party to cover something else OR someone twisted her story to come out with the allegations out now.

 

 

 

My stance on this case comes from my spot as a spectator at my college when 5 members of a rival fraternity, including several prominent members in Greek Life (Rush Counselors, Intra-Fraternity Counsel officers, etc).

 

 

In *that* particular case, the only unquestioned facts are that a sorority member went to that fraternity house and was involved in sexual activities with 5 members of the house.

 

What's disputed is whether that was consentual or not.

 

 

 

No one apparently knew about it at first, although word leaked out to some people, which ended up with that sorority member being called before her house's Standards Board.

 

(When I went through Rush, one of the houses referred to the Standards Board members as "A bunch of fat chicks who make themselves feel better by telling the other members they can't smoke while wearing their letters and so forth)

 

 

The story gets wonky here, but the incident goes from that house's Standards Board to the University Police, who perform an investigation.

 

It's since been assumed that either the member or the Standards Board decided it was non-consentual and referred it to the UPD for investigation.

 

 

All five members were arrested by the UPD, who subsequently turned them over to the city lockup.

 

Those five guys ended up with their pictures on the front of the campus newspaper with the giant headline "(Fraternity name removed) SUSPENDED".

 

 

All these guys had to move off of campus due to a restraining order that had them suspended from the school immediately and forced them off of school premises, be it in the fraternity house or, in the case of one of them, in the Freshman men's dorm which was right next to about 5 female dorms, including the sorority dorm.

 

 

 

 

 

 

Charges ended up being dropped which, from what I gather, was due to a lack of cooperation from the sorority member.

 

Four of the five members of that fraternity returned to school the next semester as if nothing had happened.

 

The fifth member, a freshman of my year, was not sent back that next semester. (He was also from another state that was several hours away, so him having to move back home on short notice over this may have limited his options)

 

 

The fraternity in question, while not punished over this *particular* case, was suspended for 1 year by the university for a variety of offenses including a massive amount of underage drinking citations during that school year.

 

It was the only fraternity at the school to receive a serious level of punishment in quite a few years.

 

The most any other house received was a reduction in the number of bids they were allowed to offer in Formal Rush in a particular year.

 

(I'd have to find my copies of the school's newspaper from then to get more specific... The newspaper's only been online since 2003 and I'm not close enough to campus to look through the archived copies there for the information.)

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DNA is so minor a component of a criminal investigation. I don't know why the news has focused on this so much, both when the story broke and now. I guess CSI has just made this sort of thing sexy.

 

There's a serious problem with the way rape allegations are processed in this country. Sexism comes into play way, way too often. I agree with Ripper that there really needs to be a much tighter lid on all this stuff. I know it's "news," but reporting all this is sensationalism at its worst. I haven't seen a single piece of intelligent journalism on this entire affair; all I've seen is a bunch of lurid tabloid speculation with which major news outlets should be embarrassed.

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DNA is so minor a component of a criminal investigation. I don't know why the news has focused on this so much, both when the story broke and now. I guess CSI has just made this sort of thing sexy.

 

There's a serious problem with the way rape allegations are processed in this country. Sexism comes into play way, way too often. I agree with Ripper that there really needs to be a much tighter lid on all this stuff. I know it's "news," but reporting all this is sensationalism at its worst. I haven't seen a single piece of intelligent journalism on this entire affair; all I've seen is a bunch of lurid tabloid speculation with which major news outlets should be embarrassed.

 

Most major "news" outfits lost most of their journalistic principles sometime between the 40s and the 70s. It's just been more obvious ever since the OJ trial brought the tabloidization of the judicial process back into focus.

 

 

Now their motto is similar to the quote attributed to William Randolph Hearst... "You provide the pictures, and I'll provide the war."

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DNA is so minor a component of a criminal investigation. I don't know why the news has focused on this so much, both when the story broke and now. I guess CSI has just made this sort of thing sexy.

 

There's a serious problem with the way rape allegations are processed in this country. Sexism comes into play way, way too often. I agree with Ripper that there really needs to be a much tighter lid on all this stuff. I know it's "news," but reporting all this is sensationalism at its worst. I haven't seen a single piece of intelligent journalism on this entire affair; all I've seen is a bunch of lurid tabloid speculation with which major news outlets should be embarrassed.

 

Her story indicates that she was physically raped and I haven't heard that she ever said anything about the perpetrators wearing condoms. If they did, that would seem to be a major piece of evidence that she should have pointed out from the beginning. The fact that she didn't say anything about them wearing condoms, kind of hurts her already questionable believeability.

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Guest The Satanic Angel

The defense attorney claims he has pictoral evidence that the stripper was bruised before the party occured (the pictures have time stamps).

 

Fox has already written this off as a false accusation.

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Here is a great Q&A session with ESPN Legal Analyst Roger Cossack...

 

 

Brian (Philadelphia): What else can the woman possibly use now to show by a "preponderance of the evidence" that she was in fact raped by the lacross players, if she doesn't have a positive DNA test on any of them? Outside of eyewitnesses stepping forward out of the blue, what else does she really have on these guys outside of circumstantial evidence?

 

Roger Cossack: It's my understanding that she went to the hospital and had an examination done with a "rape kit." Someone who is trained in these things determined that she was sexually assaulted. We don't know what condition she was in and we don't know what the DA knows and what he will take into consideration.

 

 

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Ben(Asheville NC): Will the DNA results alone prove that the Duke lacrosse players are innocent?

 

Roger Cossack: It certainly goes to help them, but it depends on if the prosecutors have any other evidence that helps prove their guilt. We don't know that yet.

 

 

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Brian (Pittsburgh): Even before guilty/not guilty, there is something I've never understood. The alleged victim (key word alleged) get anonymity under rape shield laws, and rightfully so. However, the alleged criminal (key word alleged) does not receive the same benefit. Innocent until proven guilty, no? Even if the entire team is exonerated, they've still been branded for life. Why the discrepancy? Thanks.

 

Roger Cossack: That's a good question and many people have asked that question. In this case, they haven't identified any members by name of the Duke team. But in other cases, people who are alleged to have committed a crime are identified. Another reason is the sixth amendment guarantees every defendant a public trial. That comes from the constitution because the founding fathers did not want to allow the government to hold secret trials. The notion to making a defendant's name public comes from that amendment in that nothing should be hidden.

 

 

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Bill (Florida): Roger, when a DNA test comes back negative, what does that mean? That there definitely isn't a match? That the test is inconclusive? If DNA samples were mixed together, would that create a negative test?

 

Roger Cossack: It means that there is no match between the evidence that was gathered and the people that was measured against. The samples were from the Duke lacrosse team and any evidence from the alleged victim. It means what it says is there is no match. Whether there was any samples were contaminated is another story.

 

 

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John (NYC, NY): If they eventually find that the complaining women was in fact frabricating her story or was not telling the truth, could she face some kind of charge? The lives of these boys, even if they are innocent, have been changed for the worse, forever.

 

Roger Cossack: If they find out that she lied to the police is a crime and she could be prosecuted for that.

 

 

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Dave (Fremont CA): Do you think the DA is dragging this issue out (or decides to press charges) because he is running for re-election soon. Also, assumming no charges are filed (or get dropped) or if the players are found not guilty, any chance the players counter-sue or decide to sue Duke ?

 

Roger Cossack: I don't know why the DA is doing this other than I would hope that he thinks he has enough evidence to prosecute on. I think we should all be reminded that no charges have been filed as of yet. As far as the players suing Duke, I don't think they would have the opportunity to do that.

 

Roger Cossack: No one has the right to live in university home and have underage drinking and highers strippers, which everyone agrees, happened. At the very least if that is all that happened, the university is not going to be liable for cancelling the season.

 

 

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Taylor Cannon Raleigh North Carolina: Is there anyway to get a conviction without DNA Evidence?

 

Roger Cossack: Yeah. If the jury believes beyond a reasonable doubt the victim's statement and they believe her, they could convict.

 

 

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Eric (Notre Dame, IN): With the way the team was drug through the mud after only an allegation it might as well be guilty until proven innocent. What do you think the events of this case will have on future occurrences such as this one, if any?

 

Roger Cossack: I think we have to reserve our judgement until the end of this case. While the lack of DNA is a good thing for the defense, there is no conclusion from the prosecution of whether they're proceeding. But I think we'll have to wait until the conclusion of this case before we figure out the lessons from it.

 

 

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Andrew Greenville,SC: How much does race have to do with this case?

 

Roger Cossack: I can't tell you that without more facts. I would hope that race would not play a part in this case, but we don't know what happened. But it's clear that there are issues in Durham that Duke is an area of an expensive university and that brings up issues of race, class and privilege. I think the average income of Durham is $40,000 and that's what it costs to go to Duke for a year.

 

 

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Anthony (NYC): What's your general opinion on how the DA has handled this case so far? As the evidence develops it certainly seems like he spoke too prematurely regarding the certainty of the rape.

 

Roger Cossack: I'm the believer that prosecutors should not discuss the case anywhere else but the court room. I'm critical of prosecutors that talk about the case in the media. Anything out of the court room is improper. What it leads to is the defense feeling like it needs to catch up and talking to the press and releasing evidence.

 

 

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Alan (Phoenix, AZ): Roger, I'm sorry, but is there any recourse if a defense attorney makes misleading statements to the press? What, if anything, can the DA do to compel innocent party attendees to come forward with information?

 

Roger Cossack: The DA could subpoena everyone at the party to the grand jury and put them under oath. Most likely anyone who that happened to would invoke their fifth ammendment rights to keep silent. Then the DA would have to decide if he wants to give immunity to people. Usually, that's only done if the DA think the witness has information that they really needs. They can compel them to come to the grand jury, but not necessarily to testify.

 

 

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Rick (Cleveland, OH): How does the inflammatory email ( written by one of the Duke lacrosse players hours after the party), affect the investigation? Or is it simply a poor choice that has no legal ramifications?

 

Roger Cossack: I don't think it does have legal ramifications. It's certainly hateful and should be condemned, but in this country there's no law that we have to like everyone. But as to the relevance in the court room unless there is a connection between the person that wrote that e-mail and the alleged victim, I don't think there's relevance in the e-mail.

 

 

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Sam, Chicago: Do you feel that Nifong will destroy his reputation / credibility by continuing to prosecute this case given the recent DNA results?

 

Roger Cossack: I don't think you can answer that question until you know what other evidence if any the prosecution has. If he has other evidence that he has an obligation to move forward. If he doesn't have any and does continue, then he will face critcism.

 

 

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David (Boston): What are examples of other types of evidence that the DA might have to counter the DNA evidence? I realize no charges have been filed, but is it common to see a guilty verdict in a case such as this one when the DNA evidence is negative?

 

Roger Cossack: Well, it does depend on what other evidence is available. I have no information on what evidence exists, but examples are, if someone heard the alleged victim screaming, if the alleged victim was beaten and had cuts, if someone made a statement to the police that corresponds to what the alleged victim said. We don't know what they are.

 

 

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Michael (Richmond, VA): Hi Roger. I'm no expert, but if a rape occurred, wouldnt there have been some kind of DNA left behind?

 

Roger Cossack: Michael, you don't have to be an expert to conclude what you have. I think there should be. In my opinion, I think it's highly unusual that there isn't. Now, no one's said there wasn't any DNA, they just said it didn't match any suspects.

 

Roger Cossack: Thanks for having me on. I just want to say this before I go. This case is not yet come to conclusion and therefore we have to keep an open mind. If anything this case shows us to be open when we hear prosecutors and defense lawyers talk about it and let the evidence come to light before we make up our minds on the case.

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The most I got out of that was that the average income in Durham is 40,000. Is that supposed to be bad or something?

 

The average income in my home town is 18,000.

 

Yeah....5 housing projects in a town smaller than metro Atlanta. 5.

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I think what amazed me the most is that it costs $40,000 a year to go Duke.

 

Anyone want to make a guess as to when we will have a violent protest take place in Durham?

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That shouldn't be too surprising. College, especially at a top, private research university, is expensive as balls.

 

I don't think there will be any "violent" protest, if you're insinuating rioting or something along those lines.

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Ya' know, for all the fact it's a good show, sometimes I hate CSI.

 

Why? Because I hated the way they simplified cases.

 

However, I do get the feeling that the DA was expecting a lack of DNA. It's not that common. The case in New York with the bouncer and dead graduate student lacks semen as well. It doesn't lessen the sexual torture and murder she suffered. Plus, I fail to see how pictures of a beaten stripper does your clients a favor.

 

Also, you check dubious people harder than 'normal' people. Even if they had a metric ton of DNA, the woman was a stripper and making this case with the science alone wasn't going to happen. They would have neat college kids and a single mom stripper.

 

But the thing is, we're all somewhat CSI trained to expect scientist cops to arrest the suspects and do work in space age labs. That of course bears zero resemblence to reality.

 

But I do think some people do realize how hard a hurdle this girl had to jump through. The assumption is that as a sex worker, she is a shady person, maybe a drug user and unreliable. Prone to exaguration and lying. In short, someone inclined to lie about rape and many other things. Maybe if she was a Duke student, a cheerleader, pretty and blonde, a lie might gain some traction, but a black single mom stripper? And she left $400 behind?

 

All she had to do was go to the cops if they didn't give the money back, or report it to the school. Anyone who works that hard for money, with a kid, isn't leaving $400 behind under any but the most dire circumstances.

 

After all, it's not like she strolled into the Durham PD with a lawyer. This happened is a hospital.

 

In addition, in theory, the team would have had every reason to come forward and say "this woman wasn't touched in our house and we have eighteen billion number witnesses." They would've not gone conspiratorial. Girlfriends would have sworn these were good guys. The coach would have defended them and not been fired by the school.

 

Sure, the DA would have liked DNA evidence. Of course. It would have been serious leverage, but he had to have a much stronger case than that. Because this woman's life will be fodder for the defense. They will find her baby's daddy, former clients, neighbors.

 

After all, the parents are desperate beyond words for this to end. Their kids futures are on the line. The obvious joke is that the Duke Class of 2007 to Iraq. Well, they certainly will spend every last dime to keep them out of a North Carolina prison where they would be targets for the prison gangs. The parents desperation here, to save their smart, well-groomed children, will make this case very, no extremely ugly. The DA knows the united front is going to end and people will turn on each other to save their own asses and has a very good idea, which he isn't sharing, of who he's looking at.

 

The one thing I believe is that if the DA didn't have a case, he would not play games, the racial issues are too serious. He would meet with black officials and tell them straight up. Their silence is telling as well. If they thought this was over, they'd be screaming. This cuts too close to the bone for too many black people and plays into too much history.

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If these guys are truly innocent, they should sue her and sue the school for making them look like criminals.

 

I hate money grubbers who sue people trying to make a quick buck.

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Why would they sue her? So they can split up the combined few thousand dollars she probably has across all 46 of them? Their court costs would exceed anything they could get from her. As for suing the school, I don't really see how that works. There's really no legal cause of action for "we hired a stripper and enabled underage drinking, but she might have been lying so reimburse us for something we didn't lose since all of our lacrosse-related privileges are at the purview of the school anyway."

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