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Monday, April 10, 2006
Lacrosse team: Beyond the rape claim
Several emails over the weekend complained in different ways that The N&O's reporting on the lacrosse team's behavior has unfairly implied the players must be guilty of the claim that three of them raped a woman hired to dance at a team party. (The rape claim has resulted in no official charges, and a story today looks at the district attorney and his handling of the case thus far)
(From Melanie: I modified post to add this after receiving permission to use the reader's name):
"It is a huge leap for a group of men that “has swaggered for years” as drunken Duke Rowdies to a gang rape with many accomplices standing by. If true, then what took them from peeing on buildings and kicking down fences to this most awful of crimes?" wrote Harvey Johnson of Hillsborough.
(End addition)
The criticism reflected some themes:
* The lacrosse team's past misbehavior has no bearing on the current investigation, and reporting on the team's "swagger" mixes apples with oranges.
* The N&O isn't sharing unflattering details about the woman who made the allegation
* Duke is a fine institution that contributes mightily to Durham and the greater community, and all this is simply unfair.
I appreciate the commentary, some of which responded to my column Sunday. Along with the criticism (which ranges from constructive to rude) are great questions and helpful feedback. Some points I've clarified with writers:
* Our first page 1 story reported that 46 team members had been brought in for DNA testing. That was so unusual that it would have made the front page regardless of the complaint in question.
*Since then, we have pushed hard to reach principals and examine dozens of questions and gaps in information.
* We don't report everything our competitors do, and they don't report everything we do. We broke the story of the DNA tests, and some of our competitors have been ahead of us on other elements.
* We have indeed reported on the victim's criminal record, the DA's quest for election, questions about his handling of the case, the team members' version of events (through their lawyers) and many other angles.
We now are covering two parallel and related major storylines. One involves the criminal investigation.
The other involves the lacrosse team and broader questions of student life and party culture at Duke. Absent a crime complaint, a story about a prominent local college team having a weekday party with dozens of attendees, paying strippers and serving alcohol to minors would likely have made the front page. Duke has convened several panels to dig into these issues. We plan to keep covering them.
Incidentally, during the past two weeks we have reported a variety of stories out of Duke and Durham, only some of them related to the lacrosse team. Today's front page has a dominant story focusing on a new hip surgery being done at Duke on a trial basis. There are many other examples.
Comments:
Comment from: John [Visitor] · http://www.johnincarolina.com
04/10/06 at 20:07
Melanie,
Yesterday I left the comment below at another of your posts.
You did not respond.
My comments and questions concerning The N&O's coverage of the rape charge leveled by the accuser are, if anything ,more pertinent now than yesterday.
Won't you now respond?
John
_______________________________
Comment from: John [Visitor] · http://www.johnincarolina.com
04/09/06 at 16:41
Melanie,
Regarding The N&O’s converge of the rape allegation directed at some members of the Duke lacrosse team:
Last Sunday ,Apr 2, The N&O ran a lengthy. front-page story with a theme involving the university’s “shame.” (You even used the subhead: ‘Shame on Duke!’)
The N&O said: “Many Duke alumni are hurt and angry about what they say has, so far, been a disgraceful episode for the university”
You quoted 3 Duke alums. They all supported your theme. One, Malbert Smith, you’d quoted just a few days before.
Your “fair and accurate” newspaper didn't quote a single alum who supports the university.
But you could have if you wanted to.
There are thousands of Duke alum who are proud of the university for many reasons, including its refusal to cave in the face of outrageous attacks by The N&O and people like Professor Baker.
When Baker, in an open letter, condemned Duke for, among other things, engaging in what he called “timorous piety and sentimental legalism” most alums knew he was talking about due process and presumption of innocence.
In your reporting on Baker’s letter you didn’t tell readers it includes statements such as: “this white, male athletic team's racist assaults.”
You don’t tell readers Baker said such things as: “in a forthrightly ethical setting with an avowed commitment to life-enhancing citizenship, such a violent and irresponsible group would scarcely be spirited away, or sheltered.”
In an Apr 5 story The N&O reported: “Duke Provost Peter Lange said in a letter that he was 'disappointed, saddened and appalled' by an outspoken letter Baker wrote the Duke administration last week.”
The N&O makes it seem Lange characterized Baker's letter as “outspoken” when in truth Lange called it a “form of prejudice.”
Readers can find both letters here:
http://www.dukenews.duke.edu/mmedia/features/lacrosse_incident/lange_baker.html
I urge readers who haven’t prejudged anyone guilty to read the letters; and then go back and look at how The N&O reported on them in this story:
http://www.newsobserver.com/1185/story/425443.html
Melanie, you've told us in the past that N&O news columnists must meet the same standard for factualness as N&O news reporters.
News columnist Barry Saunders recently wrote:
"If Duke could pack up and move, it would, eager to escape Durham's reputation as a cesspool of civic incompetence.
Likewise, if Durham could bid Duke 'adieu,'it would."
Can we agree, Melanie, that Saunders meets The N&O’s reporting standards?
Almost four weeks after the attack is alleged to have occurred, there's apparently been no positive identification of any individual player on the team through use of police lineups or face-photos such as were used for the "vigilante poster" The N&O’s published at least twice.
Has The N&O reported why it seems there's been no positive identification by the alleged victim of a single team member ?
Has The N&O asked the DA about that? Did you ask the alleged victim about positive identifications when she granted you an interview?
On Apr. 5 NC Central University Chancellor James Ammons issued a statement to the “NCCU family.” It is a very important part of a story about which you say The N&O has “pushed hard.”
But I don’t recall seeing anything in The N&O about the Chancellor’s statement; and a few minutes ago I couldn’t find anything in your archives. Did you ignore his statement?
I hope not. It’s calm, wise, and very newsworthy. The Durham Herald Sun published it in full. You can take a look at it here:
http://www.heraldsun.com/durham/4-721301.html
Ammons’ statement is a welcome contrast to the inflammatory prejudgments of The N&O and Professor Baker.
Thank you for taking the time to read this.
John
www.johnincarolina.com
Note: I’m signing www.johnincarolina.com because there are other John’s commenting here.
Comment from: Melanie Sill [Visitor] · http://blogs.newsobserver.com
04/10/06 at 20:57
John,
Most of this is commentary versus question. I think our stories reflected that some Duke faculty supported the president's handling of the situation and others were vocally critical. I'm sorry that I don't have time to dissect these complaints. Thanks for posting.
Comment from: John [Visitor] · http://www.johnincarolina.com
04/10/06 at 21:48
Melanie,
Your're not answering the questions.
Examples:
Why did The N& O tell readers nothing about Chancellor Ammons' statment of Apr 5, a link to which they can find in my comment above?
You misrepresented Provost Lange's letter: you say nothng about it. Why?
More later.
John
www.johnincarolina.com
Comment from: Onion [Visitor]
04/10/06 at 23:37
It was frightening, truly frightening to watch the Cable Shows and their lack of good judgement.
Last week, these guys were a bunch of out-of-control, brash, untouchable drunk hooligans
that were on a wilding spree near Duke.
AFTER THE DNA,
This week they're clever, cunning, geniuses that meticulously planned and executed the perfect
Crime ! They are Evil-geniuses that feigned as college Frat boys as they solicited open-container
violations over time to ensure that no one would uncover their grand scheme.
They need to test that Keg and see if it's Really Root Beer in there!
Notice how no one in the media is talking about the terrible Criminal record of this woman?
Comment from: Daryl Baker [Visitor]
04/11/06 at 02:43
It now appears the wheels are coming off this story rapidly, and I'm guessing that those who were in the role of accuser in this story will be silent and hard to find, letting this story die as fast as they can make that happen. The 46 men tried by the press, and who had to endure the inspection of their DNA by the District Attorney, will be forgotten faster than a bad ATM card. Just a guess, but that's par for the course as far as false accusations generally go.....
On the other hand, there's John, who is now in the process of piling on the N&O, and Melanie Sill in particular. Melanie, you got this one wrong. It's one you'll have to hear about for a while, as those "I told you so's" do have a bit of a sting and an aftertaste.
Please note that these guys acted stupidly, and made themselves available as targets, but still.......the N&O, the staff of both NCCU and Duke, and the NAACP, the "black leaders" and local government officials, all were guilty in what can only be referred to as piling on in a witch hunt, and they should all be ashamed of the way they handled this. So too, the lacrosse team has a lot to do with their own predicament, and have their own answers as to how they managed to end up in such a fix. Bottom line, there has been plenty of bad behavior all around, and chances are, it' not over yet!
Comment from: John [Visitor] · http://www.johnincarolina.com
04/11/06 at 03:23
Daryl,
You say: "On the other hand, there's John, who is now in the process of piling on the N&O, and Melanie Sill in particular."
I asked Melanie two questions:
"Why did The N& O tell readers nothing about Chancellor Ammons' statment of Apr 5, a link to which they can find in my comment above?
You misrepresented Provost Lange's letter: you say nothng about it. Why?"
They're briefly stated and seek factual answers.
How are they "piling on?"
Also, if you're going to call my questions "piling on," how about comparing them to your comments below; and then telling readers here a little about what you see as the difference(s )between my questions and your comments.
If you're the same Daryl Baker I've seen on other threads I usually agree with you.
Also, if I've got you right, didn't you speak out a while back about rushing to judgment on the lacrosse team?
John
www.johnincarolina.com
Paragraph by Daryl Baker follows:
"Please note that these guys acted stupidly, and made themselves available as targets, but still.......the N&O, the staff of both NCCU and Duke, and the NAACP, the "black leaders" and local government officials, all were guilty in what can only be referred to as piling on in a witch hunt, and they should all be ashamed of the way they handled this. So too, the lacrosse team has a lot to do with their own predicament, and have their own answers as to how they managed to end up in such a fix. Bottom line, there has been plenty of bad behavior all around, and chances are, it' not over yet!"
End of paragraph by Daryl Baker
Comment from: Melanie Sill [Visitor] · http://blogs.newsobserver.com
04/11/06 at 07:53
John,
Many other people read this blog. I try to answer real questions but will not engage in endless back and forth about each point of your critiques. In my opinion, we did not misrepresent Lange's letter. As I noted above, our reports included material other media skipped and other media included some elements that we didn't include. We've quoted Ammons, for instance, but we didn't publish his statement in full as the Herald-Sun did; these are day to day decisions based on many factors, not conspiracies. Please try to limit the length of your comments, you can make your points more succinctly. You're welcome to comment, but please recognize that there are others who might like to participate in a discussion of our coverage.
As to Darryl's comment, The N&O has been reporting a story. Our news coverage has not taken a position on what occurred. We first reported a police brief, and it became a front page story when 46 players were brought in for testing. The story has since grown beyond a police investigation in the ways I described in my original post. Today's reporting focuses on the lawyers' account of the DNA results (neither they nor the DA would release the reports) and the DA and community responses. More to come.
Comment from: Locomotive Breath [Visitor]
04/11/06 at 10:35
I'm one of the people who wrote you. There I used my real name. Here, for a variety of reasons, I do not. I am a Duke alum. I have three degrees from Duke. My wife has two. For the record, I think Duke's treatment of the lacrosse coach and the team members is shameful, although I admit that I'm actually surprised they were as restrained as they were.
As I wrote to you, if this issue wasn't so serious, your coverage would be laughable. In the most recent Sunday issue, on the front page, you published a content-free hit-piece on the lax team for the crime of "swagger", while a true development, the defense team claiming they have photos showing the poor condition of the stripper upon arrival, was ignored until Monday where it appeared "below the fold". In your reply to me you claimed sourcing as the issue. How did your sourcing improve from Sunday to Monday considering it was a public statement by a lawyer? Or could it be there is an agenda at work?
If you keep up like this, I hope you enjoy the N&O's continued slide into irrelevance and insolvency.
Comment from: Jeff [Visitor]
04/11/06 at 10:59
It seems that News & Observer columnist, Ruth Sheehan, should begin working on her public apology to members of the Duke lacrosse team. I would suggest she include some comments about the “news” media's tendency to rush to judgment and the danger of casting aside due process. It might also be appropriate to comment on the folly of accepting as truth, everything that is said by media-hungry public officials seeking election. Finally, I would suggest that she recognize the value of the fifth amendment to the U.S. Constitution, and the rights of the accused to remain silent, and to eventually face their accusers in a court of law -- instead of being railroaded in the "court" of public opinion.
Comment from: Melanie Sill [Visitor] · http://www.blogs.newsobserver.com
04/11/06 at 11:01
Dear alum: Thanks for the post. I'd differ with "content-free." The story showed that 31 percent of lacrosse team members over four years had been charged with criminal offenses, minor ones but related to rowdy behavior. That was leaps and bounds ahead of Duke's soccer or baseball teams, by comparison. An accompanying story also quoted a former baseball player (by name) describing spring break parties at which players pooled their money to hire strippers. This is newsworthy. We got scooped on the lawyers' descriptions of the photos, but published a page 1 story on Monday with on the record descriptions from lawyer Joe Cheshire (who did not offer this information in interviews Friday for publication).
Comment from: John [Visitor] · http://www.johnincarolina.com
04/11/06 at 11:37
Melanie,
Concerning the Lange letter, people can go up the thread and see where I included a URL for his and Baker's letter to which Lange was responding. I also left a URL for The N&O's story reporting on the letters.
I think the reporting on the letters was typical of much N&O reporting.
But readers can look at the letters, read your story, and judge for themselves.
Moving on.
I asked about any N&O reporting on a very important statement NCCU Chancellor Ammons made at a very critical time in what has been called “the Duke lacrosse rape story.”
You've replied above: "We've quoted Ammons, for instance, but we didn't publish his statement in full as the Herald-Sun did..."
Are you suggesting you quoted from Ammons’ statement?
Did The N&O report anything on his statement?
Either a "Yes," with a reference to the date you reported on it, or a "No" will answer each question.
What could be simpler?
You've told us in many previous posts how important news standards and ethics are at The N&O. I've asked whether some particular reporting by news columnist Barry Saunders meets N&O standards.
In my comment above I cited the reporting in question.
My question about Saunders' reporting (really reporting by an N&O news team because, as you've previously told readers , news columnists' work is reviewed by editors) is fair, fact-based and relevant.
How about answering it, Melanie?
Again, something as simple as "Yes, John, it meets N&O reporting standards" will due. Or something like: "No, it doesn't. There's now a correction appended to that column."
When you run a lengthy front-page story critical of Duke (even putting in bold "Shame On Duke!") and support your storyline with quotes from alum all critical of Duke, isn't it reasonable for an N&O reader to ask why you failed to include any quote from even one alum who is supportive of the university?
Why didn't you?
It's a fair, briefly stated question.
You often tell us how important journalism is. You’re right. Few things in the public sphere are more important than fair and accurate news reporting. Without it, we can't have a functioning democracy.
John
Comment from: John [Visitor] · http://www.johnincarolina.com
04/11/06 at 11:49
Melanie,
I've been getting emails saying news columnist Ruth Sheehan's blog has disappeared.
So I searched for it just now.
I can't find it either.
What's happening?
John
Comment from: Greg [Visitor]
04/11/06 at 12:21
Ms. Sill,
I really think your paper needs to do a much better job at keeping the editorializing on the Op/Ed page. Sunday’s paper had a story about where kids who play lacrosse come from and I recall it mentioned that several of the Duke players attended private schools in NJ, and then mentioned that lacrosse is also popular on Long Island “where they have a rougher style of play” According to whom? How about some attribution on that. What bearing does that have on the story. Did your reporter ever play lacrosse? Lacrosse is played by many kids who will never attend an Ivy League school or other “elitist” institution. It is played across New England and the Middle Atlantic states. Do some spoiled, rich, white kids play lacrosse? Yes. Are all kids who play lacrosse spoiled, rich, white kids? No way. Why is your paper so bent on vilifying the entire sport? Today’s paper had a side bar “How reliable is a DNA tests?” That is a leading headline, planting the idea of doubt in the reader before they have even read the article. More and more, it’s becoming very apparent that the N&O takes sides in the news coverage.
Comment from: John [Visitor] · http://www.johnincarolina.com
04/11/06 at 12:34
Greg,
I liked you comment, especially this: "More and more, it’s becoming very apparent that the N&O takes sides in the news coverage."
Welcome to the club. We have a very large membership.
John
Comment from: Locomotive Breath [Visitor]
04/11/06 at 16:09
I don't have the Sunday paper with me to add them up, but you took dozens of column inches to rehash things that you had mostly previously reported about all the dirt you could dig up on the lax team members’ past plus a bunch of front-page editorializing about “swagger”. The only thing new was the comparison to the other teams. That’s good for maybe 6 column inches. Where was the comparison to the UNC lax team? Are you doing the investigation to show that ALL lax players "swagger" or that Duke is unique? That might have been relevant.
And if we're going to rehash every single incident in the past of the lax players, and since you apparently assume that past bad behavior is indicative of future bad behavior, where's the investigation into the past bad behavior of the purported rape victim. Double standard much?
I e-mailed to you an article from your own newspaper describing the incident where she lap danced, stole the keys of a customer, stole his car, led police on a high-speed chase through two counties, and when cornered in a dead end, tried to run over a police office and escape.
Her police record is now available on line in any number of places.That's only her most infamous incident. Do I need to mail it to you? I believe her license is currently suspended for DWI. Think maybe that's important? Where are the dozens of column inches on her past? Have you even verified that she's enrolled at NCCU or are you taking her word on faith? Yeah, yeah, I know, you don’t identify “victims” of rape but if it turns out she’s lying then the Duke lax team are the victims. What are you going to do to restore their reputation? Or will it be an Emily Litella moment – “oops! Never mind.” I'm betting on the latter.
p.s. This site needs a "preview before post" button.
Comment from: straightarrow [Visitor]
04/11/06 at 17:15
I had no trouble with not being profane, obscene, off topic, harrassing, or impersonating anyone. I do however have a problem with "Please be civil." Obviously rules of proper conduct only apply to the comments section. I sure haven't noticed any proper conduct in your poor excuse for journalism.
It is extremely difficult to be civil to people who have proven dishonest. I have watched you and your paper vilify, without evidence, not even suspects but only "potential suspects" That is a far remove from suspects alleged to have committed a crime. A crime, so far, that only exists in allegation. No proof of it occurring.
Didn't stop your paper from fanning the flames of racism and economic envy. And it doesn't stop you from refusing to answer legitimate questions with legitimate on point answers. Not "Shame on Duke"! Shame on you!
Where are the expose's on Nifong appearing to suborn perjury by calling for an eye witness identification of suspects in a crime that can't even be proven to have been committed. This seems especially egregious in light of the fact that, to date, all the evidence has been exculpatory regarding the people your paper has already savaged.
You have no idea how hard it was to be civil, and obviously no idea how little you deserve it.
Comment from: Melanie Sill [Member] · http://www.newsobserver.com
04/11/06 at 17:35
To answer some of the questions above: Yes, we have reported her criminal record; yes, we have verified her enrollment at NCCU. I don't think our news coverage in any instance has said shame on anyone.
The coverage of the behavior of the Duke lacrosse team is related but not the same as the coverage of the criminal case; members of Duke's faculty and administration, among others, have drawn judgments and taken action. (And some of these complaints, as it turns out, predate the current set of events)
Comment from: John [Visitor] · http://www.johnincarolina.com
04/11/06 at 19:04
Melanie,
You say:"I don't think our news coverage in any instance has said shame on anyone."
In your Apr 2 front page story people are referring to we find this:
"Shame on Duke!' (You put it in bold between paragraphs 18 and 19. You put plenty of white space around it; all the better to help readers understand what The N&O wants them to think and feel)
You immediatly followed that with:
With protests aimed at Duke and the lacrosse team almost daily last week, the tension in Durham has been palpable. Residents created their own electronic bulletin board called "DurhamResponds," reacting to each twist and turn of the story and dissecting the comments of Duke leaders.
On a poster taped to a tree outside Brodhead's office, an "ex-Dukie" wrote: "To many for whom Durham is really home, Duke's silence following what the men's lacrosse team did is just the latest sad chapter in Duke-Durham relations. Shame on Duke!"
Aja Thompson, a Duke senior from Atlanta, felt compelled to protest on campus. "I am ashamed and I am embarrassed to be a Duke student," she said, "especially as a black woman."
Melanie, a friend who's visiting and reads The N&O just looked at your comment and mine and said, 'Who's surprised?
John
Comment from: Melanie Sill [Member] · http://www.newsobserver.com
04/11/06 at 19:44
John,
"Shame on Duke!" is a quote from the poster, as you note, not a statement from The N&O. This is a pretty common technique in newspapers, magazines and other publications, using quotes from stories as headlines or subheadlines to draw people into the stories. I'm not surprised by your barrage of criticism, which is a staple of this blog, but again ask you to try not to write such long posts.
Comment from: John [Visitor] · http://www.johnincarolina.com
04/11/06 at 22:22
Melanie,
If people look at my comment above, they'll see it's mostly verbatim paragraphs taken from The N&O's news columns.
And, yes, those paragraphs are a barrage of criticism: produced by The N&O and fired at Duke University.
You still haven't responded to this:
"Melanie, you've told us in the past that N&O news columnists must meet the same standard for factualness as N&O news reporters.
News columnist Barry Saunders recently wrote:
"If Duke could pack up and move, it would, eager to escape Durham's reputation as a cesspool of civic incompetence.
Likewise, if Durham could bid Duke 'adieu,'it would."
Can we agree, Melanie, that Saunders meets The N&O’s reporting standards?
How about answering the question?
BTW – I agree this blog needs a preview option.
Thanks.
John
Comment from: Daniel [Visitor]
04/12/06 at 09:41
Melanie-
I am a bit concerned about the following statement from your opening to this string:
"We now are covering two parallel and related major storylines. One involves the criminal investigation.
The other involves the lacrosse team and broader questions of student life and party culture at Duke."
I understand the need to report on both issues -- each is of import to the greater Durham community. However, though related, these are separate issues. The N&O's insistence on placing stories such as "Baseball team had wild side of its own, former players say" directly under the "Duke Lacrosse Scandal" section of your website, and in the process (intentionally or not) linking the baseball team to a rape investigation, seems a bit unfair to other student athletes, as well as sensational and irresponsible.
Daniel
Comment from: Melanie Sill [Member] · http://www.newsobserver.com
04/12/06 at 12:38
We'll look at the preview option. Yes, of course Barry meets our standards; he's also a columnist who presents a point of view, and the words you quote are his opinion.
Thanks for all these points, I think these comments address the point of the post (which was to share some of the criticism of our coverage over the weekend and of course in effect invite more). I'll be moving on to other posts as our coverage on this story is moving forward and the blog addresses a variety of topics related to N&O journalism.
Comment from: straightarrow [Visitor]
04/12/06 at 12:46
Not one answer. whoops, sorry my aplogies. That wasn't exactly accurate. Not one honest answer from you. There that's better.
Comment from: Melanie Sill [Member] · http://www.newsobserver.com
04/12/06 at 12:53
Every one of my answers was honest. I'm not apologetic about our reporting -- we're going to go after news energetically and we're going to be fair. When we make mistakes we correct them. People are free to disagree, but what strikes you as dishonest? This doesn't bother me (in the electronic age, I get flamed regularly by unidentified people), but it makes me curious.
Comment from: Nice Guy [Visitor]
04/12/06 at 14:37
More questions about the duke rape: It’s about time you consider she lied.
If these boys were so drunk and out of control with lust, why didn’t they ejaculate? Not even one ejaculated?
If condoms were used, where are they? Where’s the empty box? Where are the wrappers? If these boys didn’t clean up the nails, why would they dispose of the condom wrappers? Where is the spermicidal lubricant?
If the stripper was violated by three men, then where is her DNA? Why isn’t there vaginal fluid on the bathroom rug? If she was “dry” where is her urine and blood? She claimed to have been anally assaulted, then where is her fecal material or scat smears? If she was violently orally penetrated, then where is her saliva and tears? Are people claiming that this woman, in complete panic, was capable of inhuman vaginal and anal sphincter control that no fluids dripped out because she made sure to lick up and swallow all of her saliva, “precum”, and ejaculate? If the boys cleaned up all of her vaginal fluids, blood, saliva, urine, and tears, then why didn’t they get rid of the nails?
**** Why did she go to her former attorney for advice, when the DA publicly and adamantly believes and supports her claim? Why would a poor working mother of two pay to seek her own legal advice, when the DA is free?!!! ***
The forensic nurse said that she had injuries consistent to her story, which means that she recently had sex, but there’s no way a nurse would be able to determine when or if the sex was consensual or not, there is normal bruising with consensual sex.
Why wasn't there skin, fibers, or hair under the stripper's fake nails?
If she lied about the bruises on her body and how she got them, and she lied to her family about her being a stripper, could she be lying about the rape? alibi was one of the excuses to make a false claim. Was the stripper on probation? Would her probation be revoked if she was arrested for public intoxication and under the influence of drugs when police was called to the store parking lot because she wouldn’t get out of the car? How long is someone on probation for larceny and evading police?
If the second stripper didn’t her anything, why is the DA claiming that the “drunken frat boys” heard anything? If the crime didn’t happen, how could they hear anything?
Why are people willing to look at the arrest record of 15 members of the entire 47 member team for reasons why they might have done something, but not into the stripper's arrest record for reasons why she made up the story.
The 911 caller about racial remarks identified a different house number, why is it being made to sound that it came from the lacrosse boys' house?
FBI 8% false claims of rape is derived from cases that were admitted to be false by the person making the claim, the percentage of false claims are closer to 30%. Between 1980 to 2000 33% of "convicted" rapist were found to be the wrong person identified by the "victim". How does this fit into the 8% or 2% figure of false accusations?
District Attorney Mike Nifong fueled the fires which tore the Durham community apart. The Duke lacrosse team claimed that no crime was committed, pictures prove the stripper was bruised before arriving at the party, the second stripper’s story coincided with the boys’ account of events, yet Nifong led a pack of wolves straight to the Duke campus to destroy these boys.
Although DNA voluntarily given by the lacrosse team doesn’t match any DNA found on the stripper’s body or clothes, gang threats against white students have already resulted and racial divides are even more polarized than ever before. Nifong’s desire for the spotlight will ripple through the community for years to come. District Attorney Mike Nifong should resign.
Comment from: Locomotive Breath [Visitor]
04/13/06 at 06:34
There you go again.
Mike Nifong dribbles out incriminating evidence bit by bit and each time it's front page uncritiqued news. Mike's fellow lawyers, who are better prepared than the rest of us to know how badly he's performing, rip into him and it's buried in section B as if it's another one of those dogcatcher elections that no one cares about.
Keep up the good work!
Comment from: Daryl Baker [Visitor]
04/13/06 at 13:16
Melanie,
In your 4/11/06 19:44 response to John, I've been trying to ensure my comments don't add to the fanfare, and I've obviously come to the conclusion that this story is a hoax, but your comments at that time simply struck me as being outrageous, and out of character for any paper that purports to be objective. You wrote:
"Shame on Duke!" is a quote from the poster, as you note, not a statement from The N&O. This is a pretty common technique in newspapers, magazines and other publications, using quotes from stories as headlines or subheadlines to draw people into the stories.
Drawing people into this srory has not been the problem! To the contrary, it has instead been the problem to try and keep this "Story" out of the category of "witch hunt", which it seems by your quote you have lost both interest and perspective in doing.
At this point, there are so many people willing and active in fanning the racial flames, that I'm no longer even convinced this story is needed to do so. With a simple statement like "the history of white men in raping black women...", and you have all the requirements for a Louis Farrakhan rally. Don't be surprised if, by the end of summer, there are riots and deaths, and burning buildings as the empty and unrequitable feelings of boundless rage come to our very neighborhoods.
THAT is your charter as a newspaper, to get this right, to provide facts in the face of inuendo, and to prevent stoking such flames based on conjecture. WHY can people not understand their elections to public office, and their sales of more papers, should ALWAYS be taken with that as our foremost democratic duty? It was to this end that I made my comments to John about getting too adamant with you, even when he knows you are clearly wrong.
Cooler heads need to prevail, and at the moment, there just don't seem to be any!
Comment from: Melanie Sill [Member] · http://www.newsobserver.com
04/13/06 at 15:56
Darryl,
That's a good description of our charter, and that's what we are working at every day. Thanks for your comments on this post and others. Even as the fur flies, dialogue is one of the advantages of this medium.
Comment from: Daryl Baker [Visitor]
04/14/06 at 09:21
Among the many things I find appalling in the Duke rape accusations, it becomes more and more apparent, both from the stand taken by the prosecutor, and from the stridency of those who have fallen into line in support of those allegations, that it quite simply is not important to many whether the players are innocent or guilty. It seems from the tone of many involved, to include the DA, Mike Nifong, that the conviction is a neccessity, even if they are in fact innocent, because as many are now believing, that the damage that would be done in rape cases by having this turn out to be a false accusation would be so injurious to this "cause", that they would have to "take one for the team", so to speak, to prevent the erosion of the current set of entreched beliefs. I have to take extreme exception to this stance.
This case has all the earmarks of the Dan Rather issue, and Jayson Blair, and not only the rights, but the responsibilities of both the people and the press. In Rather's and Blair's cases, they openly stated that the cause and the sterotypical conclusions of that cause outweighed the facts. At that point, our democracy is placed in extreme danger. How is that any different than lynching a black man because someone feels he looked improperly in the general direction of a white woman? If we can become inflamed and outraged over this present charge when faced with the reallity it was a hoax, then we have all the right reasons to restore that kind of thinking. It took many years, and a lot of growing up in our country to get past those beliefs. Many still adopt those beliefs, it's just the colors and genders that have changed.
So if you want to impose the Jim Crow laws on the Duke lacrosse team, making them "sit at the back of the bus" just because they are white, male, rowdy and athletic, and with the understanding that their claim of innocence amounts ot nothing more than this "type" being "uppity" (and by implication automatically guilty), be very observant of what you are asking for, because as the saying goes, you may just get what you've asked for.It wasn't a pretty picture before, and it's even uglier now, since it would only serve to prove we haven't really learned a damn thing since Rosa Parks boarded that bus.
Comment from: Uncle Ruckus [Visitor] · http://www.lp.org/
04/14/06 at 12:45
Now this is what "blogging" is all about!
Miss Melanie - tell us. Do we engage you more than your reporters?
my 2 cents. This story hit "critical" mass about 10 days ago.
Uncle Ruckus
Gadfly
Comment from: W.A.Bowling [Visitor]
04/17/06 at 11:51
Thanks for Sunday's in-depth profile on the girl who says rape. We will not know the truth until the trial, but this much info on the woman will not be revealed anywhere else in the "national media frenzy". Whatever the truth, sounds like she has had a hard life--a lot of it--her fault for betrayal and bad decisions. And she has a problem with alcohol--just like a lot of Duke students and the Lacrosse team. The team refuses to talk to the police for a reason. Nobody's innocent--everyone's guilty of something, and again, many of us are glad the scandals are out of the bag. If all the media would poke around downtown Durham's scandals and dirty politics, and Duke "favoritism" over the last 25 years---the media would be here for another year finding out the juicy dirt !!
Comment from: straightarrow [Visitor]
04/21/06 at 16:16
I am not unidentified to you. You have my email address in my real name, so don't go there.
Where are all the headlines and stories questioning the reality of the occurrence of the crime. To date, no one, has given any evidence, other than the uncorroborated and disputed word of a known liar and lawbreaker, that a crime has occurred. The facts of her previous dishonesty and troubles with the law, do not automatically preclude her story being true. However, in the view of the lack of any physical evidence and in view of the early versions of witness statements (though some have now changed their statements as their status as probationary felons has become known) where is all your high dudgeon that Nifong has not even established that a crime has been committed? Why have you not asked this question? It is so obvious that any 4 year old would have asked, yet your staff did not.
Why hasn't there been a story about discrepancy in early and late versions of the story? Why have you not asked how many rehearsals ...er, uh ... Nifong probably called them interviews he has had between the time he learned that DNA evidence did not exist to substantiate a crime, and he advised the young woman that identifying someone would trump evidence? Why did you not follow up on questions such as those? Did you ask stripper number two what considerations she will get for her altered testimony? Did you examine the terms of her felony probation to see if Nifong had leverage to gain compliance with an agenda?
NO, you did not do any of those things, nor did you raise any of those questions. You have no right to maintain that you report the news, let alone that you report it fairly.
What you have done is deeply wound your community and negated years of effort and valor of the people that sacrificed so much to put an end to just this behavior. I do not believe Dr. King would approve you or the black leadership in your community and their apologists that have embraced racial hatred and economic envy instead of the pursuit of justice.
If the young woman was raped, she deserves justice, as does the community. There is just too much wrong with this rush to condemnation with no fuel for it but hatred on one side, and profit on yours and election hopes on Nifong's. Shame on you, for your beat the drum that caused this to be a divisive controversy rather than a communal seeking of justice wherever the evidence may have led. You and your paper have done all you could to make the evidence irrelevant. Shame on you.
Comment from: joan foster [Visitor]
04/22/06 at 15:55
Ms . Sill, What your coverage of this story has really done is to devastate all of us who truly strive for a color blind society. Everything we deplored about press coverage and lack of justice for people of color, you have demonstrated to excess in your biased, prejudical coverage of the LaCrosse team. Your use of their pictures, your choice of perjorative headlines, your selectively biased adjectives ,and, most of all your careful bias in what you choose NOT to report ...remind us of a time of shame in the South, now politically acceptable IN REVERSE. That you refuse to see this does not excuse it.
Comment from: Ry [Visitor]
05/15/06 at 02:15
There was no rape. These boys should sue Durham, the DA Mike Nifong, and every news program which mixed reporting and commentary that negatively shown these boys as rapists.
The stripper has serious character flaws judging by her criminal pass:
• Stripper made a false claim of rape by three boys in 1996.
• Stripper made a false claim of kidnapping in 1998
• Stripper charged with larceny, auto theft, and trying to kill a police officer in 2002
• 1st round of DNA shows no link to the lacrosse team.
• 2nd round of DNA shows no link to the lacrosse team
• DNA proves stripper had sex with boyfriend/pimp which accounts for the “rape kit” evidence of recent sexual activity.
• Innocent boy who picked up finger nail and threw it in the trash left his DNA on the fake press-on nail and will be charged for rape.
The stripper’s account of the night has serious integrity issues:
1) First she claimed 20 boys raped her, then she narrowed it down to 3 in a bathroom
a. The bathroom is absolutely and completely devoid of any evidence of a rape. Where is her DNA? Urine, blood, vaginal fluid, saliva, or tears?
b. Many people’s DNA were found under her nails but none from the innocent lacrosse boys.
c. She lied about losing her fake finger nails in a desperate struggle in the small enclosed bathroom, but pictures show that she removed her nails before inadequately performing her routine. No scratches were found on any of the innocent lacrosse boys’ bodies.
d. The 2 innocent boys she “eeny meeny miney moed” to be her rapists weren’t even at the party the time she claimed the rape occurred. She claims that she’s 100% sure, but she told her father that she’s not sure.
e. She took drugs before coming to the house, something illegal.
The stripper obviously lied, and she’s putting these innocent boys and families through hell. She deserves to be in prison for the rest of her pathetic life. She is worthless as a person and human being. Her one lie destroyed innocent boys. I hope her and Nifong’s aura catches up to them and they both get what they deserve. I hope everyone wishing this rape claim to be true, in spite of all the evidence that it never occurred, gets what’s coming to them.
I agree. These boys were treated like convicted criminals in the news. Publicly condemned by feminist and racist groups. These boys have been raped by the stripper, the DA, and the media.
Comment from: Bettry Friedan [Visitor]
05/17/06 at 18:22
Noname I think it’s pretty safe to say that the stripper wasn’t raped.
Chuckles Maybe Nifong should lead a massive search throughout the east coast of every fake-mustache store if anyone had a customer wearing a Duke Lacrosse uniform.
Ismone The "rape kit" showed evidence of a recent sexual activity. She had sex with her boyfriend before or after the party, which would explain the "evidence".
Ismone In defense of noname, no one wishes anyone to be raped, but if she lied, she deserves to be prosecuted to the fullest extent of the law on 46 counts for each lacrosse player she lied about.
Ismone “No contrary evidence is presented” This whole case if full of contrary evidence. Why you ignore it is another issue. I suspect the stripper could come right out and say that she made the whole thing up, and you’d stillinsist that she was raped. People like you don’t care about evidence.
A grand jury conviction is not hard to get, all you need is to say I need an indictment.
It is impossible that a crime scene with three drunk men in a small enclosed room with a fighting and clawing woman being orally, virginally, and anally penetrated not leave any DNA evidence of urine, blood, vaginal fluid, seat, fecal matter, scat smears, saliva, tears, or semen... especially if condoms were used. How would they take off the condoms during all this chaos without spilling, smearing, or touching the content inside or outside of the condom?
Ismone You really should think before ranting about things you know nothing about. It makes you look like an idiot.
I'm tired of hearing about "white male privilege. It's female privilege that allows these boys' lives to be destroyed with only the word of a drunken stripper with a long criminal history and a pattern of making false accusations.
"I was raped" is just as good proof as "I was robbed." Again Isome, you expose yourself to be an idiot. You can accuse anybody with what ever you want. It doesn’t mean it’s true. One woman claimed that she felt sexually harassed because a man wore a fanny pack to work. The police refused to charge the man, so she proceeded to sue her workplace in civil court… it was thrown out. Saying “someone robbed me”, like any claim, must be proven in court. Just because someone accuses a crime occurred, doesn’t mean it happened – Deal with it Ismone! Just like in the Duke Rape Scandal. She obviously lied.
These boys are innocent! The drunken black stripper with the long criminal record and history of making false accusations...lied.
• Stripper made a false claim of rape by three boys in 1996.
• Stripper made a false claim of kidnapping in 1998
• Stripper charged with larceny, auto theft, and trying to kill a police officer in 2002
• 1st round of DNA shows no link to the lacrosse team.
• 2nd round of DNA shows no link to the lacrosse team
• DNA proves stripper had sex with boyfriend/pimp which accounts for the “rape kit” evidence of recent sexual activity.
• Innocent boy who picked up finger nail and threw it in the trash left his DNA on the fake press-on nail and will be charged for rape.
The stripper’s account of the night has serious integrity issues:
First she claimed 20 boys raped her, then she narrowed it down to 3 in a bathroom
a. The bathroom is absolutely and completely devoid of any evidence of a rape. Where is her DNA? Urine, blood, vaginal fluid, saliva, or tears?
b. Many people’s DNA were found under her nails but none from the innocent lacrosse boys.
c. She lied about losing her fake finger nails in a desperate struggle in the small enclosed bathroom, but pictures show that she removed her nails before inadequately performing her routine. No scratches were found on any of the innocent lacrosse boys’ bodies.
d. The 2 innocent boys she “eeny meeny miney moed” to be her rapists weren’t even at the party the time she claimed the rape occurred. She claims that she’s 100% sure, but she told her father that she’s not sure.
e. She took drugs before coming to the house, something illegal.
The stripper obviously lied, and she’s putting these innocent boys and families through hell. She deserves to be in prison for the rest of her pathetic life. She is worthless as a person and human being. Her one lie destroyed innocent boys. I hope her and Nifong’s aura catches up to them and they both get what they deserve. I hope everyone wishing this rape claim to be true, in spite of all the evidence that it never occurred, gets what’s coming to them.
Mac Dive’s weak argument DNA proves a crime couldn’t have occurred the was the lying stripper claimed.
Fact DNA wasn’t found under the fingernail, it was found on the top surface of the nail.
Mac Dive’s weak argument • A forensic examination of the victim found evidence consistent with rape.
Fact All the rape kit showed is that the stripper had recent evidence f sexual 1ntercourse, it can’t tell when or if it was consensual, but now we know through conclusive DNA evidence that she had sex with her boyfriend.
Mac Dive’s weak argument • Motive, means and opportunity for the accused to have raped the alleged victim exist.
Fact This is true only if the stripper was in three places at once, at the house with the first guy, at the bank machine with the second guy, and in the dorm room with the third guy.
Mac Dive’s weak argument • Photo identification of the suspects without prompting.
Fact The photo line up was of only the lacrosse team to guarantee only lacrosse team members were chosen. It seams DA Nifong didn’t believe she would pick only lacrosse players either, so he fixed it so she did.
Mac Dive’s weak argument • Linking to DNA from a suspect previously identified with 90 percent accuracy.
Fact She was 90% sure except for the mustache, the third guy never had a mustache, so it makes it 0% sure.
• A pubic hair was found on the alleged victim that may be found to be consistent with the pubic hair of one of the suspects.
Fact The hair in question is not linked to the lacrosse boys, it could be from her boyfriend or previous clients.
Mac Dive’s weak argument If evidence of either high alcohol content or the date rape drug has been found in toxicology exams that too will favor the prosecution.
Fact The stripper is a drug abuser and alcoholic. How would a drunk stripper having multiple sex that night remember who she consented to sex and if sex ever happen? No date rape drugs were found in the innocent boy’s possession. This lie was made up by desperate feminists and lame women who hope the black stripper was raped. The Stripper has a long history of drug abuse, she probably took the illegal drugs herself.
Mac Dive’s weak argument (Kim Roberts says the lacrosse players plied the alleged victim with drink.)
Fact Kim Roberts initially said that a rape never happened. After getting arrested and threatened with jail, she copped a deal with the prosecution to not have her probation revoked, and said a rape did occur, then she contacted a Public Relations firm telling them :”I don’t want to let this opportunity pass me by” “How can I spin this to my advantage”. The she stated in the press, “Why shouldn’t I profit from this scandal? I have a child at home.” Ms. Roberts, like many who claim this rape occurred, is not a reliable source.
Mac Dive’s weak argument Instead of being misled by babbling about the dancers painting their nails in the bathroom, keep your eye on the actual evidence. That is what will matter in the end.
Fact This is the only thing I agree with Ms. Mac Dive. Practice what you preach. Stop babbling and look at the evidence…
Comment from: Bettry Friedan [Visitor]
05/17/06 at 18:24
District Attorney Mike Nifong is a disgrace to his job: Abuse of power and corruption surrounds Durham’s new DA.
1) A responsible DA would have stated at the beginning that “there is an investigation, and we don’t have enough to make a statement right now. I’m responsible not only to the accuser, but to the accused. Please wait and let our investigators do their jobs”, but Mr. Mike “all-of-these-privileged-white-boys-are-rapists” Nifong at the beginning of the investigation he will prove the entire lacrosse team is guilty for aiding and abetting a gang rape inside a small enclosed bathroom. Nifong stirred up racial woes and put the lives of Duke and Durham at risk for gang threats and the racist groups like NAACP and the New Black Panthers. Nifong encouraged sexists groups to paste these boys pictures with hate slogans all over their school. Daily hate protests by women’s groups claiming these boys are rapists.
2) DA Mike Nifong cares nothing of guilt, innocence, or destroying innocent boys’ lives.
a. The first batch of DNA came back with conclusive for no match to any of the lacrosse boys.
b. The crime scene was completely void of any DNA evidence of any gang rape.
c. The boy’s that Nifong charged has an air-tight alibi and wasn’t at the party at the time the stripper claimed a rape occurred, and he refused to see this evidence before destroying his life.
d. The second batch of DNA came back with no conclusive match to any of the lacrosse boys.
e. DNA couldn’t rule out partial material found on top of a fake finger nail, inside a waste basket full of DNA material from the boys who lived in that house.
f. The third boy indicted went down to the police department for questioning without counsel, helped with the investigation by identifying all the other boys at the party, offered to take a lie detector test, willingly volunteered a DNA sample, and past a lie detector given by a top senior experienced FBI agent. The stripper said is 90% sure if he had his mustache, but he has never had a mustache, which makes it 0% sure. DA Mike Nifong refused to see this evidence and instead decided to destroy another innocent boy’s life.
g. The stripper’s body was completely void of any sign of a sexual assault (except for signs of recent vaginal and anal from her boyfriend). The alleged crime scene was completely devoid of DNA. It is impossible that a crime scene with three drunk men in a small enclosed room with a fighting and clawing woman being orally, virginally, and anally penetrated not leave any DNA evidence of urine, blood, vaginal fluid, sweat, fecal matter, scat smears, saliva, tears, or semen... especially if condoms were used. How would they take off the condoms during all this chaos without spilling, smearing, or touching the content inside or outside of the condom?
3) Investigator Mark Furman reviewed the lie detector test completed by the FBI on the 3rd boy unfairly indicted for a rape that never occurred. Mr. Furman stated that the boy not only passed the lie detector test, he passed with flying colors, but even without the test, this boy’s resume of helping the police with the investigation is impeccable.
4) DA Mike Nifong stated that all of these boys are hiding the truth and covering up for one anther. Nifong claims the boys are “stone walling”, but when the accusation was made, the police questioned the three boys who lived in the house for over six hours, not one asked for a lawyer. When the entire team was told they had to submit DNA samples, they didn’t call their parents or fight the warrant. The boys cooperated completely. These aren’t the actions of guilty boys. Only when their parents witnessed the circus-like atmosphere created by District Attorney Mike Nifong, the boys were advised to remain quiet.
5) DA Mike Nifong gave the second stripper a deal to change her story to support the false accusation of rape, and he wouldn’t revoke her probation from a previous conviction of embezzling $25,000 from her empolyer.
6) A Taxi driver had a fair, two years ago, who left stolen items in his cab. Mike Nifong had him arrested for larceny last week.
Mike Nifong got re elected by pandering to black voters more interested in convicting white boys than guilt or innocence.
Comment from: Betty Friedan [Visitor]
05/18/06 at 06:40
Lawyers are waiting in the shadows for lucrative civil suit
A man stands in the shadows of the Duke Lacrosse 'rape' case…watching and waiting. While the three wealthy, white male students remains in criminal court, he is not likely to step forward.
Even at this early stage, the stripper’s mother is "very much interested" in "getting Willie E. Gary is a litigator renowned for winning huge settlements.
The stripper’s parents met with Gary in April. The meeting was facilitated by civil rights activist Rev. Jesse Jackson.
Gary acts as a family adviser, and the parents are laying groundwork to make a civil bid. Public opinion can be a large bargaining chip in obtaining a lucrative settlement. Earlier, the parents spoke freely; now they’re being more media savvy.
Essence Magazine featured three articles by Kristal Brent Zook. Each is sympathetic to the accuser. (1st) "Family Defends Daughter's Painful Past", (2nd) "Nowhere to Turn," depicts the accuser as living in terror. (3rd) is basically an announcement of Willie Gary's appearance in the case; it concludes by stating that the parents "worry that their daughter may…need additional legal guidance."
Civil law deals in torts or harms inflicted by one person upon another; its purposes are compensation for actual or perceived damages.
A "guilty" verdict in criminal court can be used to establish liability in a civil one but if the verdict is "not guilty" or the charges are dropped, a civil case can proceed independently.
Kobe Bryant settled out-of-court settlement. Such settlements are not necessarily admissions of guilt. After months of media blitz, Bryant may have been embarrassed to settle, so civil suits could be lucrative even if the “accuser’s” claim is completely fabricated. The Duke students will face the same choice?
Civil suits can be lucrative, and they’re easier to win; standards of evidence and other legal protections enjoyed by a defendant are significantly lowered in civil court.
Clearly, her parents wish to explore a civil proceeding. Gary is conspicuously available.
Comment from: dick blake [Visitor]
01/15/07 at 10:39
I wish you'd recounted Elmo more.
The troubles he had were REALLY, REALLY, REALLY wrong.
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