Monday, 17 April 2006

Mike Nifong: Captain Oblivious

One of the Nifong quotes from this afternoon is so priceless it’s worth sharing:

“I no longer get to go anywhere in my community without people knowing who I am,” Nifong said. “I wish you could find me a way to give me my anonymity back.”

First, having blue and white campaign signs with your name on them all around town hardly qualifies as “anonymity.” Second, I’ll give you three guesses as to who is actually responsible for Nifong losing his “anonymity.”

Of course, what’s really going to up the Nifong annoyance quotient is his beaming face at tomorrow’s perp walk/Dillinger moment. Few people like a smartass, but nobody likes a smartass who might actually be right…

Figuring Time Warner out

Now I’ve figured out the internal logic of Time Warner’s local HDTV channel numbers here in Durham, I guess I’m a little less confused:

  • WRAL (CBS) 5’s HD stream is channel 255.
  • ABC 11’s HD stream is channel 211.
  • NBC 17’s HD stream is channel 217.
  • Fox 50’s HD stream is channel 250.

It leaves the choice of 201 for PBS still somewhat arbitrary, but what can you do?

One down, 45 (or 46) to go

We can start whittling the list of potential indictees down: the New York Times reports that our two lucky winners of a free perp walk do not include the most infamous figure in the case thus far:

Glen Bachman, the lawyer for Ryan McFadyen, a lacrosse player who was suspended from the university after sending a vicious email related to the party, confirmed that two players had been indicted but said McFadyen was not one of them.

For the other 45 or 46 players (depending on whether or not the alleged victim is still sure her attackers were all white), here’s the list of countries the U.S. doesn’t have extradition treaties with. Of course, I suspect anyone who actually did commit a rape in this case already knew that and is probably on his way to Andorra as we speak, whether or not he has actually been indicted.

Update: Scratch another player from the list; down to 44/45:

Butch Williams, who represents team captain Dan Flannery [who ordered the strippers and was one of the three leaseholders on the party house], also said prosecutors told him that his client was not among those charged.

Nothing from Joe Cheshire regarding his client, Dave Evans (another of the co-captains), yet; the implication is that Robert Eckstrand, who represents most of the team members, is counsel for at least one, and probably both, of the indictees.

NBC 17 timeline

NBC 17 reported the following timeline beginning with the second 911 call on the 7 pm edition of its local news:

  • 1:22: Second 911 call from Kroger security guard.
  • 1:27: First officer arrives; his dispatch traffic (beginning around 1:30) is what we’ve heard before.
  • 1:32: Second officer arrives.
  • 1:49: Second officer decides to transport accuser to psychiatric facility on North Duke Street, instead of the “drunk tank” as the first officer was planning to do.
  • 1:55: Accuser arrives at psych facility.
  • 2:39: Accuser is transported from psych facility to Duke University Hospital ER.
  • 2:45: Accuser arrives at ER.
  • 2:50: Initial report of intoxicated person changed to rape.

NBC 17 also reported that the sealed indictments were requested by both Nifong and defense attorneys, albeit for different reasons. It is implied that there will be a prosecution press conference sometime tomorrow.

Two sealed indictments?

The News & Observer has an AP report on the results of today’s grand jury:

No members of Duke University’s lacrosse team were among the defendants publicly indicted Monday by a grand jury, which defense attorneys had expected to consider allegations that a stripper was raped at a team party.

However, it was not immediately clear if the grand jury returned any indictments under seal, or if any of the players were among the 24 cases “carried forward” to be heard at a later date.

The version at ABC 11’s website doesn’t add much, although perhaps it gives a bit of insight into the size of Mike Nifong’s ego:

Nifong emerged from his office around 3:20 p.m., weaving through a large crowd of cameras and reporters to a water fountain. As he has for the past two weeks, he refused to answer any questions about the case.

“I’m just happy to see all of you here,” he said.

Update: CNN.com currently has a banner saying “Two sealed indictments are handed up in the Duke University lacrosse rape investigation, a source tells CNN.” I’m watching Abrams live on MSNBC, and he hasn’t confirmed this information (in fact, he’s been yakking about Natalee Holloway for the last 20 minutes).

ESPN.com reports:

Prosecutors have informed defense attorneys that the alleged victim has identified two players with 100 percent certainty and is 90 percent certain on a third player, ABC News reports.

Make of that what you will…

D-Day Morning

Monday’s Herald-Sun, which seems to have more of a pulse on the defense than its Raleigh-based competitor, gives us the players’ attorneys’ perspective heading into Grand Jury Monday:

In what the defense team believes was another effort to get ready for the grand jury, police detectives went to a Duke dorm Thursday night to question lacrosse players. According to the defense lawyers, the officers wanted to know who was and wasn’t at the North Buchanan Boulevard party the night of March 13–14.

The effort to question the players, the lawyers say, proved authorities lack confidence in the dancer’s visual identification of her alleged attackers, which reportedly was made from photographs.

One of the lawyers, Kerry Sutton of Durham, described the interrogation over the weekend as a “hail Mary pass at the last moment.” ...

Jason Alexander Bissey, a neighbor to the house where the woman allegedly was raped, provided a written statement to defense attorneys that they shared with The Herald-Sun over the weekend.

Bissey said he saw the “skimpily dressed” accuser leave the house between 12:20 and 12:30 a.m., but then heard her say she was going back inside to retrieve a missing shoe.

According to defense lawyers, Bissey’s observation had to be after the time the woman allegedly was raped in the house, since she never actually re-entered it.

But if she had been raped and sodomized for 30 minutes, as she claimed, would she really have been so worried about a lost shoe that she would dare to face her attackers again, attorneys Ekstrand, Thomas and others are asking.

Meanwhile, NBC17 has an exclusive interview with the second dancer, who it (unusally, as she is not believed to be a victim of a sex crime) declines to name, although it is believed her first name is “Kim” and she is either black or Hispanic:

[The second dancer] refuted claims made in recent days by defense attorneys that the accuser was intoxicated and injured when she arrived at the party.

“She looked absolutely fine,” the second dancer said, noting that the accuser’s demeanor changed dramatically after they left the party.

“She was definitely a totally different woman than when I first met her. She definitely was under some sort of substance,” the woman said.

A source close to the official investigation of the case has told NBC17 that the accuser might have been drugged at the party.

The second dancer declined to discuss specifics of what happened at the party.

“If I could see the future and would have known what that night would’ve brought, I would have paid more attention. I wish I had paid more attention to everything that happened around me,” she said.

The woman admitted calling 911 to report racial epithets yelled at her and the accuser as they left the party. But she said the details of the incident became jumbled in her call because she was trying to hide the fact that she had been performing at the party.

The woman said her parents don’t know she makes a living as an exotic dancer, and she was afraid the information would be made public if she had been upfront with the 911 dispatcher.

Nothing much (yet?) from the somewhat more accuser-friendly confines of the News & Observer, although there is a FAQ on how grand juries work and a report on how the controversy is affecting recruitment of prospective students.