U.S. high court declines to hear Duke lacrosse players appeal
Source: Reuters
By Lawrence Hurley
WASHINGTON | Mon Oct 7, 2013 2:03pm EDT
(Reuters) - The U.S. Supreme Court on Monday declined to consider whether three Duke University lacrosse players at the center of a rape allegation scandal five years ago should be allowed to pursue federal civil rights claims against police officers over the way they handled the investigation.
The three players, David Evans, Collin Finnerty and Reade Seligmann, are seeking to hold the City of Durham, North Carolina, accountable for pursuing criminal charges against them based on the testimony of a stripper, Crystal Mangum, whose story was later discredited. The Supreme Court's decision not to intervene does not mean the case is over as the players are pursuing state law claims against both the city and the police officers.
Mangum claimed the players sexually assaulted her at a team party she attended as a hired stripper on March 13, 2006. Then-District Attorney Mike Nifong sought to prosecute them but the case fell apart as players effectively rebutted Mangum's claims.
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Read more: http://www.reuters.com/article/2013/10/07/us-usa-court-duke-lacrosse-idUSBRE9960OQ20131007
SlipperySlope
(2,751 posts)Not sure how DU is going to comment on this one...
I do remember when the site was in a tizzy over this case.
perdita9
(1,144 posts)The system worked. The investigation showed they weren't guilty of a crime however, I agree with Duke suspending them. College athletes are expected to follow a code of moral behavior and these players clearly didn't.
hughee99
(16,113 posts)including things like withholding exculpatory evidence from the defense. If I understand correctly, this is the kind of thing governments often get sued over. I'm not sure if they'll win, or if they deserve to, but I'm not surprised by the lawsuit.
msanthrope
(37,549 posts)been prosecuted.
BronxBoy
(2,286 posts)would never have been convicted and the prosecutor and cops involved in that case would have served time like Nifong, But they were Black so we can't get all hot and bothered.
cpwm17
(3,829 posts)and promoted by the media, which likes stories concerning racial conflict.
I suppose some members of the media like these stories concerning alleged racial conflict since it sells and they get to pat themselves on the back for being such great liberals. Phony liberals like these stories since they get to feel morally superior while they support terrible policy, such as unprovoked wars on brown people on the other side of the world.
BronxBoy
(2,286 posts)that's par for the course. I remember when this story broke and I laughed to myself as White sports talk radio hosts fell over themselves to decry the utter outrage of how a out of control DA made the lives of these young lads miserable. "OH....The unfairness of it all"
And a part of me understood...what happened to the Duke Lacrosse team was unfair and not right. But a larger part of me thought "Where the fuck are you when some some poor Black man just got released after 40 years for a crime he did not commit"
While I feel the DLT was subjected to something that no American citizen should be subjected to, part of me says "fuck em". Now they know how the other half lives. And they got that lesson without sacrificing the youth and potential that everyone and their mothers were wringing their hands about.
Not saying it's right but a lot of us feel its real.
laserhaas
(7,805 posts)cpwm17
(3,829 posts)There was no justification for what the school or the DA did to the three players and the team. The alleged victim and the DA should have been criminally charged.
I'm not sure what the police department might have done wrong.
Black and Brown men have spent DECADES in prison due to the malfeasance of prosecutors. I'll get excited when the Justice System treats them with the same concern as the Duke Lacrosse Team
cpwm17
(3,829 posts)Everybody has a right to proper justice, including Duke Lacrosse Team members.
BronxBoy
(2,286 posts)Maybe the justice system might change if '"nice" kids are subjected to the same justice system that our kids are
hughee99
(16,113 posts)A great man once said that, and I believe him.
laserhaas
(7,805 posts)and MLK had it spot on true....
BronxBoy
(2,286 posts)Words are nice but I think a lot if us are waiting for actions to finally catch up with words. I just hit double nickles and maybe I'm cranky but I'm just sick and tired of watching how the wheels of justice spin differently for those of us who are not White.
I mean, all things considered, the DLC got off very easy compared to the experiences of many Black and Brown men who spent decades or died in prison due to trumped up charges. A lot of us are just sick and tired of the double standards. If these were Black men, not many people would give a fuck.
Maybe it's just injustice fatigue but I'm sure I'm not alone in saying "Well....sorry what you went through but our kids and men go through much worse everyday and what the fuck are you doing about it?"
wercal
(1,370 posts)That a scotus ruling could set a precedent that prevents this from happening in the future...no matter what the color.
alp227
(32,050 posts)If they got convicted based on the stripper's phony baloney story or tortured in custody I could see a case, but this screams frivolous lawsuit to me because the prosecutors ultimately dismissed the case, and the county prosecutor even got disbarred because of his actions in prosecuting the case!
Meanwhile, what about all the actual rape victims whose rapists routinely walk free without a day in court?
msanthrope
(37,549 posts)police and DA make this a viable case.
Prosecutors should not be able to get away with this kind of runaway zoo.
alp227
(32,050 posts)This case should've been dropped completely, but NOOOOOO the prosecutors HAD to "make an example" out of those young men. I guess the DA was up for re election soon?
LisaL
(44,974 posts)Sgent
(5,857 posts)that speaks to severe misconduct that violated the code of professional ethics.
The city / state is responsible for the actions of their employees to some extent.
BronxBoy
(2,286 posts)It's just that the defendants are usually not nice middle class White kids.
BronxBoy
(2,286 posts)Where have you been? Only difference is the alleged perpetrators are not clean cut White kids.
BronxBoy
(2,286 posts)It's just that the victims are usually non-white
BronxBoy
(2,286 posts)Who were convicted solely based on their skin color
lumberjack_jeff
(33,224 posts)Starting with Reginald Daye.
Seligmann, Finnerty and Evans are now volunteers for the Innocence project. Good for them.
I'm not commenting on the merits of this lawsuit, nor am I saying that Nifong et al deserve any and every bad thing that happens to them... that reactionary, knee-jerk stereotyping is why the falsely accused were persecuted in the first place.
struggle4progress
(118,334 posts)The story is rather a mess, and we may never really know the whole thing accurately
The lacrosse team, and in particular some members of it, seem to have had a bit of a history of loutish behavior. There was some reason to believe they were extraordinarily insensitive to the woman they hired as a stripper, including some foul racist comments; at one point, the stripper seems to have passed out on the porch of the house, which was regarded as a photo-opportunity and not much more. After the alleged event, an unpleasant email was circulated. So a natural initial impression of the allegations might be that there was something to it
The case broke as the town was about to hold elections for DA, and one of the challengers immediately accused the incumbent of playing the case for political gain. But those accusations can easily be read as politically motivated
The university administration showed itself interested primarily interested in external impressions, as administrations often seem to be: they wanted the whole thing to go away, and later when some players sued them I think the administration quickly settled so they could move on to other matters that interested them more, instead of mucking around forever in that swamp
Some university professors thought it might provide a good opportunity to discuss racism and sexism and perceptions of racism and sexism, but the rightwing noise machine kicked in and unfairly misrepresented many of those efforts as unfair "politically correct" attacks on the lacrosse players
Unsurprisingly, the stripper herself eventually turned out to be a fairly unattractive individual, with some profound personal issues unhelped by all the attention, and she subsequently had much more serious criminal encounters with the law herself
The DA himself was ultimately found in contempt of court, supposedly for withholding evidence, spent one night in jail, and was then disbarred. I read what of the public record I could easily get at the time, and I really never understood exactly what was so material about the evidence he was slow to hand over -- but I'm not an attorney, so maybe there was some important issue there
The whole thing was a media circus from day one: reporting was sloppy and sensationalist; the rightwing had particular distraction interests at the time in turning the Durham DA into a national story; and I suspect a number of commonly-believed "facts" about the case are actually myths. There were genuine town-gown and class fault-lines, as well as real evidence of some ugly racism and sexism. I doubt anybody would have considered the DAs acts grounds to disbar, had the accused been poor black kids instead of rich white kids -- though, as I've tried to indicate above, I can't say with certainty that the disbarment was inappropriate. The endless litigation from the students seems opportunistic to me -- though, again, I could of course be wrong
Butterbean
(1,014 posts)I hated living here during that nightmare circus. Holy shit, you couldn't get through even the back roads behind campus some days for all the damned media. Plus the way the stupid media described Durham as a city really pissed me off: "a gritty city that has seen its better days." Whenever people ask me now about crime in Durham, I always respond with, "well, of course we have crime here, about the same as the surrounding communities, but people perceive it to be worse in Durham because of all the scary (said with heavy sarcasm) minorities that live here." Drives me nuts.
That whole case was just a damned train wreck.
lumberjack_jeff
(33,224 posts)Such as the murder of her boyfriend Reginald Daye.
There's no longer all that much ambiguity about what happened. They were accused, arrested and charged for crimes that the prosecutor knew didn't occur.
struggle4progress
(118,334 posts)cpwm17
(3,829 posts)Last edited Tue Oct 8, 2013, 04:40 PM - Edit history (1)
Dan Evans:
Some people still can't accept the obvious fact that the case was a 100% fraud. He mentioned the fact that the pro-prosecution side used false stereotypes in their attempt to declare they and their lacrosse team guilty.