Monday, 1 May 2006

The great non-escape

I think I’ve spent more time discussing the Duke lacrosse scandal in St. Louis today than I had all of last week.

A couple of noteworthy links from the wrong time zone:

  • There’s commentary from KC Johnson on the DA’s race and a filing by Reade Seligmann’s attorney; Johnson also has a column up at InsideHigherEd that’s worth a read.
  • Allison Clarke notes the release of the lacrosse committee report. Personally, I’m rather surprised that they recommended returning the team to the field, although that call is (obviously) up to the athletics department and Dick Brodhead. My general view on the concerns about the alcohol policy is “meh”; conflating the problems of underage and excessive drinking is rather silly in my mind, but then again I think (with the immigration protests today) conflation has become something of a theme for May 1.

Saturday, 29 April 2006

Poet/president ponders potential Panther peril

Here’s the statement of President Brodhead regarding the planned demonstration by the “New Black Panther Party” adjacent to the Duke campus on Monday—when I happily will be safely 800 miles away in Saint Louis.

Reconsideration

Duke student Allison Clarke and I had some brief correspondence earlier this week (I think—time is starting to blur for me), an outgrowth of which is this post [link corrected -ed]. I don’t know that we disagree as much as she thinks we do—perhaps the reputation of my commenters is rubbing off on me—but either way it’s a thoughtful commentary that is worth your time.

Incidentally, congratulations to Allison and her fellow seniors on the happy event of their upcoming graduation; much to my disappointment (in part because I am missing out on my last chance to break out the regalia at Duke), I will be unable to attend the festivities for family reasons, so I suppose this is as close to a public demonstration of my felicitations as I will get.

Thursday, 27 April 2006

Duke accuser made previous gang-rape charge in 1996

Just when you thought things couldn’t get any weirder, it turns out that the alleged victim in the Duke lacrosse rape case previously reported a brutal gang-rape by three men in 1996:

The woman who says she was raped by three members of Duke’s lacrosse team also told police 10 years ago she was raped by three men, filing a 1996 complaint claiming she had been assaulted three years earlier when she was 14.

Authorities in nearby Creedmoor said Thursday that none of the men named in the decade-old report was ever charged but they didn’t have details why.

A phone number for the accuser has been disconnected and her family declined to comment to The Associated Press. But relatives told Essence magazine in an online story this week that the woman declined to pursue the case out of fear for her safety.

On the one hand, one has to believe that the odds of being the victim of two separate gang rapes, each involving three men, are pretty low. On the other hand, it is believable that a young woman who had been sexually assaulted as a teenager would be more likely to get involved in the adult entertainment industry as an adult, which would of course expose her to more opportunties to be gang-raped than a lot of other professions, so both charges could be credible. Like I said… weird.

Black "hate group" claims it is providing security for the alleged victim

After this bit of news, I think people will be wishing it was just the Al and Jesse Show headed to Durham:

An official with the New Black Panther Party for Self Defense said the black nationalist organization is providing security for the woman who has accused Duke lacrosse players of raping her.

And the organization is distributing recruitment brochures with information about a rally planned near the Duke campus for Monday. The brochures ask, “Had enough of disrespect and racism from Duke University?” The materials contain photographs of Collin Finnerty and Reade Seligmann, the two white lacrosse players indicted and charged with raping a black exotic dancer at 610 N. Buchanan Blvd. the night of March 13–14.

“We’ll do the escort and the security, going to court, whatever it takes” to protect the accuser from threats allegedly being made against her, said Minister Na’jee Shaka Muhammad, national field marshal with the New Black Panther Party who is based out of Atlanta but working in Durham with the dancer and her family. ...

Founded in 1989 in Dallas, the New Black Panther Party for Self Defense has chapters across the U.S. It preaches self-determination for a black nation through revolutionary changes. Among other tenets of the organization are calls to free all incarcerated black people, exempting blacks from military service, education that “exposes the true nature of this devilish and decadent American society,” and demands for trials by a jury of black peers.

The organization has been assailed by the Dr. Huey P. Newton Foundation in an open letter on the foundation’s Web site. Newton was the founder of the Black Panther Party that was active in the 1960s civil rights struggles. The organization Newton founded has no connection to the New Black Panther Party.

The Southern Poverty Law Center in Montgomery, Ala., which tracks hate groups across the country, lists the New Black Panther Party as a racist, black separatist organization.

Also, there may be some more problems with the identification of the (alleged) third attacker:

[A]ttorney sources said the accuser was only 90 percent sure about her identification of one of three men she said attacked her, and she tripped up over a mustache.

Looking at a photo lineup, the dancer told police the man in question “looks just like him without the mustache,” the lawyers said, citing a written investigative report.

But the alleged third rapist had no mustache on the relevant night, if he ever had one, according to attorneys. They said photographs and eyewitnesses would prove their point.

Elsewhere, ESPN’s George Smith has apparently gotten a few Duke lacrosse players to talk:

Several Duke lacrosse players who say they were at a team party the night of the alleged rape of a 27-year-old woman have told ESPN‘s George Smith that an argument over money and the amount of time two exotic dancers were expected to perform was at the center of a dispute that night.

The players, who agreed to speak with ESPN on the condition their names not be used, also admitted that slurs and bad language were used by some players and the dancers during the argument. ...

The players, who would not go on camera, also would not discuss many details about the case or answer more specific questions about exactly what happened.

But they told ESPN‘s Smith that not all 47 players were at the party at the time the woman said she was raped; some had already left. The players told Smith they admit it was foolish to have the party, but deny that any rape occurred. They also believe the two students charged so far will not be convicted.

Wednesday, 26 April 2006

Don't mind me

I’m going to be busy much of this week with grading (I have 73 term papers to grade, and I need to get them all done before Sunday) and a conference, so don’t expect a lot of new posts on the Duke lacrosse situation or anything else for that matter.

Tuesday, 25 April 2006

Collin, Collin, Collin...

Mr. Finnerty’s previous legal entanglement has come back to haunt him, whether or not he was actually at Cosmic at the time of the alleged rape (via UD and others):

One of two Duke University lacrosse players charged with raping a stripper faces new legal trouble in an unrelated assault case from November.

Collin Finnerty, 19, of Garden City, N.Y., appeared in D.C. Superior Court on Tuesday for a hearing in which a judge determined that he violated the conditions of a diversion program he entered after being charged in a Georgetown assault.

Finnerty and two other high school men are accused of punching Jeffrey O. Bloxgom in the face and body after he told them to “stop calling him gay and other derogatory names,” last November, according to court documents.

Under the terms of the diversion program, the charges would have been dismissed after Finnerty completed 25 hours of community service. But the agreement called for Finnerty to refrain from committing any criminal offense.

Finnerty remains free pending a July 10 trial date. He could face up to six months in jail and a fine of up to $1,000 if convicted of simple assault.

“We look forward to presenting the facts,” attorney Steven J. McCool, who is representing Finnerty in the Georgetown case, said in a brief statement outside the courthouse. “This incident has been grossly mischaracterized.” ...

In addition to the new trial dates, the Washington D.C. judge also set new restrictions for Finnerty and the other suspects. Under some of those restrictions, they must follow a 9 p.m. to 6 a.m. curfew, stay at least 50 feet from Bloxgom and refrain from going any place where alcohol is sold, served or consumed.

I guess this means Collin won’t be joining us for LDOC festivities tomorrow.

More to chew on

The number that cabbie Moez Mostafa received a call from at 12:29 a.m. is in the 856 area code (including the exchange, 856–296-xxxx), if you pause playback during Rita Crosby’s interview with him. What’s weird is that Tony McDevitt, a junior Duke lacrosse player who has a striking resemblance to the indicted Reade Seligmann, lives smack dab in that area code according to this site. McDevitt, along with four teammates, was on the season watchlist for the nation’s top collegiate player before the incident.

Also, the 12:14 a.m. call, attributed to Reade Seligmann by the defense, is from the 973 area code (973–953-xxxx). This would seem to correspond with the part of New Jersey he is from.

Monday, 24 April 2006

Making the rounds

I’ve been reading From The Archives for the past couple of weeks, upon recommendation from the Marginal Revolution gang, and I have to say it’s well worth it.

Incidentally, if I didn’t know any better I’d swear Megan was someone of past acquaintance based on this post alone, although I’m quite certain we’ve never met. Plagues and locusts indeed.

You ain't seen no ugliness yet

The big news today is that the attorney for accused player Reade Seligmann has filed a motion for discovery into the background of the alleged victim in the Duke lacrosse rape investigation.

That’s really it as far as the links go. I read on the CourtTV message board that Rita Cosby had another interview with Our Man Moez in which he cleared up the time of when he was called to the lacrosse house to pick the second group of players up—it sounds like he just got confused looking at the call log. Apparently more footage from the interview with Kim Roberts was released today as well, but I haven’t seen that either. What can I say?—I had lots of work to do today.

But, if you’re really bored, I’m sure you can find some amusement at the website of Moez Mostafa’s On Time Taxi, featuring all sorts of weird clipart of generic white people in a city that looks nothing like Durham (maybe Durham, Ontario instead) and flat rate service to 9th Street and Shooters, which I suppose is a way to build brand loyalty. Alas, no prominent endorsement from Reade Seligmann yet…

Sunday, 23 April 2006

Randomness

Wherein I post about things that have nothing to do with current events:

  • The boss gave me tix to see the Durham Bulls in action against the Charlotte Knights Saturday evening at DBAP; here are some photos. The game was rained out in the top of the 7th, but it was pretty fun nonetheless.
  • In what has to be one of the most thoroughly bad ideas in human history, my Southern Politics students browbeat me into joining Facebook. Next you know I’ll be streaking all over Durham like Will Farrell in Old School.
  • I picked up this Plain White T’s album at Best Buy today; it’s surprisingly good, especially for a band I’d never heard of.
  • Most of the remainder of the weekend (other than the time I spent sleeping), I looked over around 20 draft papers for my quantitative political analysis class. Although having a huge stack of papers to grade at the end of the semester isn’t the most fun experience in the world, it’s still cool to see some of the questions—and answers—that students come up with as part of the paper process. Particularly fun is seeing the students who go after underexplored questions and find fascinating stuff.

Lazy Sunday Linkage

No, no Chronic-les of Narnia; just more lacrosse stuff…

Saturday, 22 April 2006

The ethics of trial by media

Saturday’s News & Observer looks at the ethical questions surrounding the public comments of lawyers in the Duke lacrosse investigation:

Defense lawyers and legal experts say District Attorney Mike Nifong may have crossed ethical lines in public comments about rape allegations involving Duke University lacrosse players, potentially prejudicing jurors and setting off a media maelstrom.

For his part, Nifong says that he has done nothing wrong, though he has ceased talking with reporters about allegations made by an escort service dancer hired to perform at a March 13 team party. He would speak only about his handling of the case Friday.

“In terms of what I said, no, I wouldn’t say I regret anything I’ve said,” Nifong said. “I think what I have learned, basically, is that if you cooperate with the media out of a sense of duty to public truth, you make yourself a victim.”

Also, thanks to Sharon in the comments of a previous thread, NBC 17 reports a possible conflict between cab driver Moez Mostafa’s account of returning to the party and picking up four players and police accounts that show no people at the house around the same time; it’s possible that one or both accounts is off on the time in question, but it’s also possible that Mostafa is embellishing his story.

Friday, 21 April 2006

Defense claims IDs bogus

I may not be a law enforcement officer, but I’ve seen enough episodes of NYPD Blue to know that this isn’t how you run a photo array:

Defense attorneys are questioning the method used by Durham police to obtain a woman’s identification of two Duke University lacrosse players in an alleged rape last month….

A written report of the April 4 identification was turned over to defense attorneys Friday, and sources told NBC17 that the attorneys are considering asking a judge to suppress the evidence, claiming it was improperly conducted.

To obtain the identification, Durham police showed the woman a photo array that included only photos of the 46 [white] lacrosse team members, sources said. The woman said she was 100 percent certain that Finnerty and Seligmann were involved and 90 percent certain that a third player was involved.

Durham County District Attorney Mike Nifong said Tuesday that he is still collecting evidence in the case and hopes to indict a third player soon.

No other photos were shown to the woman, sources said, and the defense attorneys maintain that police should have included photos of other young, white men in the photo array to make the identifications legitimate.

The bad news for me is that it shoots my theory of why Seligmann got ID’d to hell. Oh well.

The identification was on April 4. Let’s review what had already happened by April 4:

This news puts some real meat on the bones of the theory that Finnerty was set up because of his previous arrest, particularly if the defense can produce credible witnesses who have him at Cosmic Cantina when the rape allegedly occurred.

I’m going to go out on a limb here and say that this ID is not good news for Mike Nifong’s case—not just against Seligmann or Finnerty, but against anyone else she subsequently IDs. He’d better start hoping that second round of DNA comes back with a match real soon…

Warrant confirms Seligmann has bad taste in music

The press has exposed more warrant follies from the Durham Police Department, this time from the list of items taken from Reade Seligmann’s dorm room. They took among other items his iPod and, presumably, a Beck EP—are they planning to sic the RIAA on him or something?

Here’s the full list of items taken; apparently they weren’t content just to take his iPod… they also made off with his iTrip FM adaptor, which I’m absolutely certain is just going to bust this thing wide open.

I am slightly curious what a “scouting report” relating to 1105 Urban Street on December 3, 2005 would be; you’ll note that this is the adjacent address to 1103 (a duplex?), where certain members of the lacrosse team were living at the time of the party. 1103/1105 is another of the properties acquired by Duke University in February. Perhaps this is an indication that the authorities did have some interest in the 1103 house too. No warrants have been served for a search of that address; at least, none that are known to the public—some enterprising reporter might want to see if this is another “double-secret” warrant that never got turned in to the clerk’s office by the presiding judge.

Second dancer publically identified

I have a busy day today, but I’d be remiss if I didn’t link this AP report on the second dancer in the case, now known to the public as Kim Roberts, 31, of Durham. Roberts was arrested on March 22nd on a parole violation, one week after the alleged rape at the Duke lacrosse party, although it’s unclear at this point what provision of her parole she violated.

At the very least, this part looks bad:

On Monday, the same day a grand jury indicted lacrosse players Reade Seligmann and Collin Finnerty, a judge agreed to a change so that Roberts would no longer have to pay a 15 percent fee to a bonding agent. District Attorney Mike Nifong signed a document saying he would not oppose the change.

What an amazing coincidence…

More Moez Mostafa

Our cabbie’s 15 minutes of fame continue in this WRAL report, which adds even more detail on the second taxi pickup as the Duke lacrosse party was breaking up:

After dropping off Seligmann, [Moez] Mostafa said, he returned to the house to pick up four more passengers. When he arrived, it looked like a party was breaking up, with people crowded on both sides of the street.

While waiting for the men whom he would later drive to a nearby gas station, the Sudan-born driver saw a woman walking through a crowd of men toward a car, and heard someone say, “She just a stripper. She’s going to call the police.”

Mostafa said the woman, wearing jeans and a sweater, appeared to exchange words with some people in the crowd before getting into the driver’s side of a car.

“She looked, like, mad,” he said. “In her face, the way she walked, the way she talked, she looked like mad.”

When asked by a reporter with CBS News if he had a feeling that something had gone wrong or someone had been hurt at the party that night, Mostafa said, “Yeah, I got the feeling something had gone wrong.”

ABC 11 explains what they think the envelope seizure was all about:

The envelope likely was taken to prove that Finnerty lived at the dorm.

Never mind that the envelope would have been addressed to Finnerty’s P.O. box in the Bryan Center, not his dorm room, but whatever…

Thursday, 20 April 2006

Rats off a sinking ship

The Duke lacrosse team has figured out that big-time lacrosse probably ain’t coming back to Durham, but Margaret Soltan notes at least one school isn’t rolling out the welcome mat for potential transfers.

Something to try on for size

Tom Maguire finds something in the storyline that doesn’t quite fit:

Weren’t both women missing for the 20–30 minutes? Per the prosecution version, where was the second dancer while the first was being assaulted?

And if she was performing, why no photos?

I think I have an answer to that, and it came to me when I realized this morning how close the second lacrosse house is to the first (less than a two minute walk). Since this is at best speculation I am putting it below the fold.

Finnerty search warrant

WRAL has the search warrant for the room Collin Finnerty shared with a fellow Duke lacrosse player in Edens 2C up in all its glory. Police, who were still on their quixotic quest to find the missing white shoe lost by the alleged victim, came away with a New York Times article by Janet Macur from April 4th (presumably this one) and a letter (or at least the envelope the letter came in) from a female student at Boston College dated from last September. Nothing in the search warrant’s description of the events as alleged by the attacker actually connects Finnerty to the rape, leaving one to suspect that the only reason the police were able to secure the warrant was Finnerty’s indictment by the grand jury.

No word yet on the warrant for Seligmann’s room.

Update: NBC 17 reports police took “an iPod and a photo of friends from Seligmann's room.”

More from the cabbie

The AP reports (thanks to Sharon in the comments on the post below) that our cabbie also picked up another fare from the Duke lacrosse party later on:

A cab driver called to take a Duke University lacrosse player home from a team party says his passenger [Reade Seligmann], now charged with raping an exotic dancer, seemed calm and even jovial that night. But a second passenger he picked up later was talking about a stripper, he said.

Moez Mostafa said the second passenger spoke about a stripper in a tone that made it “look to me like somebody get hurt.” ...

In an interview on MSNBC, Mostafa said he returned to the house later to pick up another customer. He said he remembered that person “said in a loud voice, ‘She just a stripper.’”

Asked whether the second fare was complaining about the stripper or whether it appeared something bad had happened to her, Mostafa initially said he didn’t “have any information about what was going on in the house.”

“When I look back, he look like he mad at the stripper. Or the stripper, she going to call the police and she just a stripper. ... It look to me like somebody get hurt. But what kind of harm, ... I have no idea.”

This actually sort-of fits in with a theory of events that suddenly hit me after putting together the post on Finnerty and Seligmann’s alibis… which I’ll leave you hanging on until later this afternoon.

Dissecting the alibis

Buried in a boring story about how Duke can learn a lesson from Wake Forest (presumably not “move away from the craphole town your university is currently located in to find greener pastures elsewhere”) are some details of the alibis that Duke lacrosse players Collin Finnery and Reade Seligmann say place them elsewhere at the time the alleged victim may be saying she was raped:

Attorney sources said that Finnerty contends he has an alibi—that he was at a Mexican restaurant-bar near Ninth Street when the alleged rape occurred. On Tuesday, defense lawyers said Seligmann also has an alibi—that he and a friend left 610 N. Buchanan Blvd., walked to the nearby intersection of Urban Avenue and Watts Street and called a cab.

In an interview Wednesday afternoon, taxi driver Moez Mostafar said his phone records show he got a call from Seligmann’s cell phone at 12:14 a.m. March 14 and picked him and his friend up about five minutes later.

Mostafar said he didn’t know his customers had anything to do with the alleged rape until an attorney called him about it a week or so ago.

“I was surprised,” he said. “I’m involved now in something big.”

Mostafar, 37, said he was reluctant to talk at first, but that a visit from Seligmann’s father changed his mind.

“I didn’t want to get involved, but when his father came and said it was a really serious situation, I talked to them,” he said.

Defense attorneys have said the period between 12:10 and 12:30 a.m. was the only plausible time for a rape to have occurred. But authorities have never publicly pinpointed an exact time.

Mostafar, who works with On-Time Taxi and Shuttle Service, remembered ferrying his passengers back to Edens dormitory—via a bank and a fast-food restaurant. He said he doesn’t recall anything suspicious about his passengers or the circumstances of the fare.

“They are normal, I didn’t see anything wrong with them,” Mostafar said. “I didn’t pay attention because nothing looked suspicious at all. They just wanted to get some food and take a ride home.”

He said he dropped them off at the dorm between 12:40 and 1 a.m.

Mostafar said the main thing he remembered was his passengers’ generosity. He got $25 for an $18 fare.

Let’s deal with Finnerty first; he’s easier. He probably was at Cosmic Cantina on Perry Street, a popular late-night hangout for Duke students modulo the occasional mugging of students going to or from East a block to the, um, east. Cosmic doesn’t take meal plan points except on delivery, so Finnerty won’t have a DukeCard swipe proving he was there, but he probably paid with debit or credit like all the kids do these days. It’s plausible that he’d be there around midnight, perhaps getting some Mexican to counteract the effects of spending a bit of time at Charlie’s a couple of blocks away—then he could hail a cab home or mosey over to the East Campus bus stop and ride home to Edens. Since it was Spring Break and business was probably light, perhaps even the counter staff will remember him being there, although I doubt they can nail down times.

Seligmann’s wild ride, on the other hand, is a bit more complex. We are told Seligmann and a fellow player walked about a block and a half to hail a cab—specifically, to the intersection of Watts and Urban streets, one block east of Buchanan and one house to the north of 610. Why would you walk to a residential intersection (Watts and Urban) to hail a cab, when 610 is on a relative main drag (Buchanan) and you’re a block south of a real intersection with traffic lights and everything at Buchanan and Markham?

Here’s a possibility: remember our good neighborly pals who got out their pots and pans last month? They started out, as you remember, at 610 North Buchanan. Then, before deciding to go harass Peter Lange, they made another stop, at “a second house rented by members of the lacrosse team”—1103 Urban Street—at the intersection of (you guessed it) Watts and Urban. So logically, Seligmann’s buddy (we’ll call him Player Two) either (a) wasn’t at the party and joined him from 1103 Urban or (b) decided to drop some stuff off/pick some stuff up at the second house before the taxi arrived. (There are other theories to explain this too, such as the residents of 1103 leaving 610 to go home around the same time and Seligmann and Player Two walking back with them before hailing a cab.)

Where do they go next? Wachovia Bank, at the intersection of 9th Street and Main. Then it’s off further to the west, according to Rita Crosby’s MSNBC interview with the taxi driver, to The Cook-Out on Hillsborough Road—where in more recent times, two Duke students were allegedly assaulted by some NCCU students at the drive-thru. Good luck getting an eyewitness account from those folks, Reede.

Finally, they trek back over to Edens 2C, where Seligmann opens the door with his DukeCard and he and Player Two go inside after giving the driver a $7 tip on an $18 fare (generous lads).

Seligmann’s alibi seems pretty airtight—if the rape definitely happened around 12:15. They have a cab driver, they have phone records, and they probably have camera footage from the ATM (assuming it wasn’t busted). Finnerty seems to be on shakier ground, but it seems logical that a guy on virtual probation for the November 2005 incident would avoid the Spring Break party and a non-negligible chance of being arrested for underage drinking and screwing up his diversionary sentencing program.

Wednesday, 19 April 2006

Back to the future

A reader draws my attention back to the April 2 public editor column in the News & Observer, in which Ted Vaden wrote in regards to the rape allegations against (then unnamed) members of the Duke lacrosse team:

[N&O deputy managing editor Linda] Williams said editors and the reporter discussed the fairness issue at length before interviewing the woman and publishing the story. The governing decision, she said, was to print only information from the interview that conformed with the police reports. “We limited for publication the statements from the woman that were in line with what she said in the police report,” Williams said. Other information from the interview has not been published.

I noted before managing editor Melanie Sill’s rebuttal, which also alluded to the fact that the paper chose not to print additional statements made by the accuser.

One would hope that the N&O will soon make public any parts of the original interview they previously redacted that are consistent or inconsistent with the defense’s statements about the events of the evening of March 13–14.

Student paper rant of the day

When kids learn how to do word processing (whenever and however they learn it—I know I don’t teach it), apparently nobody bothers to teach them to create page breaks by using the “Page Break” function instead of just hitting return a bunch of times. Thus, when I print it out on my printer, everything ends up FUBAR.

This is, in one word, annoying—so annoying, in fact, that I am considering a “no sending me papers via email” rule in the future.

Update: Of all the posts that someone would complain about, it would have to be this one… sheesh.

More afternoon linkage

Some bullet points around the web on the whole Duke lacrosse thing:

  • A Q&A with Lester Munson at SI.com.
  • Tom Maguire’s comment thread from yesterday is long—too long. He speculates, “my guess is that once the District Attorney gets past his election situation in early May, the wheels will fall off. My sources in New Jersey assure me that there is nothing to this, but who knows?”
  • A few local bloggers of note: John in Carolina continues to hammer the News & Observer for its coverage, Laura of Survival Theory has been on the case with a few interesting comment threads, and those looking for someone who is less credulous of the defense may find my neighbor Lisa B. more to their liking; I only use the term “Townie” out of pure love for my fellow Trinity Park residents.
  • Finally, the latest DukeObsrvr comment thread is worth a skim; I’d say the mood is a bit more pro-defense than the median student, but my sense (from a non-scientific discussion with a few of my students this afternoon) is that the median student at this point is pretty fed up about the whole thing and just wants it all to go away.