[UPDATE at 1:41 pm, 12/22/06 --- An Anon commenter noted an error in this post: "The dropping of the rape chares doesn't let Nifong off the hook on the motion to supress the identification. The issues raised therein are just as relevant to the remaining charges."
The commenter's right. Please bear that in mind when you get to the relevent portion of the post.
I'm sorry for my mistake and thank the commenter for pointing it out.
John]
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This just in from WRAL TV:
Durham County District Attorney Mike Nifong moved Friday to drop rape charges against three Duke University lacrosse players.I’ll comment in more detail later today.
Nifong filed paperwork to dismiss forcible rape charges against Reade Seligmann, 20, Collin Finnerty, 20, and David Evans, 23. The players were indicted last spring after a North Carolina Central University student told police she was beaten and raped by three lacrosse players while performing as a stripper at a March 13 team party.[…]
Nifong's investigator interviewed the woman Thursday, and she told the investigator that she couldn't "testify with certainty" that she was raped.
Prosecutors said they couldn't proceed without her testimony, so they decided to dismiss the rape charges in the case.
Nifong said he plans to proceed with kidnapping and sexual assault charges against the three players.
For now this: While the dropping of any charge against the falsely indicted players is welcome, Nifong action is likely intended to get himself off some conflict of interest hooks, reduce the chances he and his co-conspirators will be help to account , and avoid having to face the courts all but certain dismissal of the rigged ID procedure.
Prediction: If Nifong thought his latest action would make things easier for himself and his fellow framers, he’s wrong. His action will backfire. It will only make his illegalities more searingly obvious. It will surely energize the justice seekers whose numbers grow every day.
More later. I want to get the news out now.
3 comments:
The dropping of the rape chares doesn't let Nifong off the hook on the motion to supress the identification. The issues raised therein are just as relevant to the remaining charges.
His actions and the statement of the accuser do shred any last remaining bit of credibility of the prosecuting witness on a case that rests entirely on the credibility of the prosecuting witness. What does she say: "I lied about being raped" or "I was too intoxicated to know for sure whether I was raped, but I think I can still identify beyond a reasonable doubt who assaulted and kidnapped me?"
Really, I don't know an honest prosecutor who would go forward with this case in a million years.
I think the best theory is that he is desperate and wants to let one shoe drop at time before dismissing the entire thing to minimize the backlash from those who were hoping to lynch the LAX players.
Dear Anon @1;22 pm,
Re: "The dropping of the rape chares doesn't let Nifong off the hook on the motion to supress the identification. The issues raised therein are just as relevant to the remaining charges."
You're pointing out something I missed.
I'm going to update the post and also include what you've noted in my next post of the matter.
Thank you especially for that part of your comment and for the rest of it too.
John
DR. BRODHEAD, we're waiting
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