A couple of Duke lacrosse-related links for your edification before I turn in: a pseudononymous student posts his lengthy reaction, while Provost Peter Lange and Prof. Houston Baker have a frank exchange of views.

I generally make it a policy not to discuss, directly or obliquely, students in this blog. That said, I think I need to stake out a few positions (particularly for people who are new readers).

First and foremost, I tend to have a very snarky aspect of my personality that gets emphasized in the blog. You may find it inappropriate given the weighty subject matter of this case, but it’s just how I treat more or less everything that gets discussed here—most of all myself.

Let me make something else clear at the outset: I have no qualms about students—even those under the legal drinking age—consuming alcohol (or other drugs) in a responsible, restrained manner. I also have no objection to adults purchasing the services of other adult escorts, “private party performers,” and the like for fully consensual activities. I fundamentally subscribe to the libertarian harm principle—if one’s actions don’t cause harm to others, they should be legal. (This doesn’t resolve all issues or legality or morality, but it covers those at least.)

What is perfectly clear at this point is that the young men present at the party at 610 Buchanan (who may or may not be the same set of individuals as the men’s lacrosse team) behaved extremely poorly and went beyond the boundaries of good taste. It is also clear that there is strong evidence that the alleged victim experienced physical trauma consistent with rougher-than-typical sex, perhaps even rape. What is not perfectly clear at this point is that this woman was raped by three men who were at this party, much less three members of the Duke men’s lacrosse team.

There are a number of troubling aspects to the evidence in this case, many of which revolve around the timeline of events. We are to believe that at least 40 people disappeared completely from a house in a residential neighborhood in less than eight minutes (by the neighbor’s account), perhaps as few as two minutes (if the “passerby” responsible for the first 911 call was actually at the scene at the time the call was made and is not, as is widely believed, the driver/second performer), with nobody seeing where they went. We are also to believe that the driver waited outside for around 30 minutes for the alleged victim to emerge from the house, after already fleeing said house after hearing racial slurs and the subject of the broomstick was broached, apparently without the slightest curiosity about what was taking so long. We are also to believe that the driver and the victim decided to go on a 20-minute cruise through west Durham, in the opposite direction of the victim’s home, after the victim was allegedly assaulted.

Another aspect of the case that’s troubling is what was found—and not found—at the home on 610 Buchanan. The DA has asserted that the DNA evidence in the case may be insignificant because the attackers may have used condoms—yet no condoms were found, despite the police finding a veritable treasure trove of evidence left behind by the alleged victim. If there had been a rape at the house, would they get rid of the condoms—but not anything else, including the false nails that (according to the victim’s account) could have skin cells from one of the attackers? In addition, the most celebrated piece of evidence—the bottle of K-Y jelly—doesn’t even appear on the search warrant as an item to be siezed, even though it is an item you would think would have been mentioned in the victim’s account of the events.

The behavior of the county’s district attorney in the case has also been, to put it mildly, disturbing. He has sought DNA evidence from 46 people, potentially in violation of state law and the U.S. Constitution, then discounted whether the evidence will actually have any probitive value. If the victim had identified an attacker or attackers from the photos of the team members (which were available to Durham police from the Duke athletics website), the dragnet was inappropriate; if she hadn’t, that would be reasonably strong evidence than none of the lacrosse team members were responsible.

He has also insinuated that team members’ decisions to avail themselves of their constitutional right to legal counsel is somehow an effort to obstruct justice in the case. And, his interest in appearing before the cameras somehow dries up when he is asked to respond to these serious issues.

All that said, I’ll tell you something: the victim is probably telling the truth, and she probably was raped that evening (I don’t know if it happened at 610 Buchanan; it may have happened before or after she came to the house, perhaps even at the hands of other perpetrators). But the idiotic behavior of Mike Nifong and her companion that evening has poked enough holes in her case that, in the absence of DNA evidence, it is going to be exceedingly unlikely for anyone to be convicted in this case.

The one exception, of course, is if the “wall of silence” breaks down. I suspect, however, given Nifong’s tactics in this case, it will not. The African-American and Trinity Park communities in Durham are looking for scapegoats, and in the absence of DNA evidence anyone at that party (or on the team, save the lone black player) can be a scapegoat. My guess is that a conviction for obstruction of justice and underage drinking is much more appealing to these kids than the possibility of facing rape charges against a jury full of Righteous Townies, even if the jury verdict doesn’t hold up on appeal.

Of course, the acid test will be next week, when Nifong claims (at least now) that he will file charges. But I will be very surprised if he can identify three—and only three—alleged rapists.

Since there’s no real news today (again, doubtless because Mike Nifong is well away from the nearest camera), here’s the latest on the media navel-gazing.

Rush Limbaugh has helpfully lived up to his reputation as a big fat idiot by referring to the alleged victim in the case as a “ho.” Yet another person to add to the pile of media morons loosely connected with this case.

Meanwhile, another media crapstorm has emerged as the News and Observer’s public editor takes the paper to task for its decision to publish an unrebutted interview last week with the alleged victim in the case, a choice defended by the paper’s executive editor. One wonders about this little tidbit of the editor’s response:

We took care in editing the story not to introduce new accusations—the basics were the same as in police reports, which had already been made public.

This would seem to indicate that the alleged victim had additional accusations beyond those previously alleged—you don’t need to be careful if no more accusations were made.

In other N&O business, John in North Carolina notes that a person claiming to be the mother of one of the members of the lacrosse team has posted a comment to the blog of the paper’s Metro columnist, Ruth “Don’t Call Me Cindy” Sheehan, who has taken to the paper’s pages on two occasions to excorciate the whole men’s lacrosse team.

I had the pleasure of presenting my research on the role of political sophistication in voting for third-party candidates in recent presidential elections this afternoon to the Duke PARISS seminar; I had a decent turnout of about a dozen faculty and graduate students, and got some very helpful feedback from the audience (particularly John Aldrich and Jorge Bravo).

For the morbidly curious, the paper and slides are downloadable from my political science page.

There’s two rape investigation stories in today’s Duke Chronicle: probably the more interesting is this piece by Ryan McCartney, which looks at what the other half thinks of Duke. Included is what may rate as a candidate for Dumb Townie Quote of the Day:

“Most people have been upset about what’s happened in those houses for a long time,” said Trinity Heights resident Wendy Goldstein. “It’s almost like it’s over the wall-it’s the city’s problem.”

I’ve got news for you, Ms. Goldstein: over the wall, it is the city’s problem. These young people are legally adults, and they live on private property. It’s up to the city—not the Duke University administration—to be the primary enforcers of zoning regulations, noise ordinances, and the state alcohol laws. These kids are bad neighbors, by and large, because the City of Durham lets them get away with being bad neighbors by failing to enforce the existing housing codes and the like against the property owners and tenants.

In the other story, Adam Eaglin fills in the details on the reported assault on two Duke students at the Cook Out restaurant on Hillsborough Road, as well as reporting that Duke plans to continue the stepped-up DPD presence around the campus perimeter indefinitely. A sidebar also looks at the legality of the mass DNA testing that was ordered in the case.

On the op-ed front, the editorial board thinks some campus protesters have lost their grip on reality, while columns from Sara Oliver and Daniel Bowes are also worth a read. Finally, Jack Bauer’s Bidet has choice words for many principals and extraneous figures in the case.

In the blogosphere, dukeobsrvr links to the latest in anti-Righteous Townie fashion. I’m pretty sure you won’t be seeing those at the Duck Shop.

Today’s theme is alcohol; UD points to Allison Clarke’s lengthy post on the culture of drinking at Duke, while Paul Bonner of the Herald-Sun catches up with William Willimon, the former dean of Duke Chapel who wrote a report on Duke’s drinking culture in the early 1990s.

Elsewhere in the legacy media, Newsday reports that attorneys for the lacrosse team members plan to release the DNA test results, even if Righteous Townie AD Mike Nifong doesn’t, the New York Times reports that the alleged victim has joined the lacrosse captains in self-imposed exile from their homes due to the media attention, and Filip Bondy whines in the New York Daily News that he can’t get any juicy quotes from the women’s basketball team, who presumably have better things to do than opine about the rape allegations to ninth-tier sports reporters who normally don’t give a shit about women’s college basketball (or lacrosse, for that matter).

Since Nifong is away from the cameras much of this week, I don’t expect any major developments… but I’ll keep an eye on things nonetheless.