04-11-2006, 04:57 PM | #251 | |
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Disagree. This is not basketball or football, in which case I would agree with you. |
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04-11-2006, 04:58 PM | #252 | |
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But you see, that is all I've ever said. I have never said the prosecution has a case. Again, please show me where I said that. I gave my opinion. That is all. I have no idea who raped the girl. I just said I believe she was raped and it happened in the bathroom. Who did it, I don't know, nor does the DA, seemingly. |
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04-11-2006, 05:03 PM | #253 | |
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04-11-2006, 05:03 PM | #254 | |
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In post #218 you start out asking where, when and by whom regarding the rape, then at the end you peg it as happening at the house. That was interesting. In post #222 you accept without question that the fingernails "broke in the bathroom" when all we know is that they were found in the bathroom. In post #225 you state your belief that the rape happened in that bathroom. So it seems you have "suggested anything different" at least 3 times just on one page of the thread (I have 50 posts per page). Different than that the evidence so far indicates that something traumatic happened to her that night but nothing indicates it happened via the lacrosse team.
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04-11-2006, 05:05 PM | #255 | |
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So you know for a fact that the Lacrosse team was the only ones at that party? Where do we know that for a fact? I have never knew that fact was completely established, and honestly have thought from the very beginning it might have been others involved. |
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04-11-2006, 05:05 PM | #256 | |
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04-11-2006, 05:06 PM | #257 | |
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They were artificial, and it was only the nails from one hand. |
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04-11-2006, 05:07 PM | #258 |
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Whatever came of the team supposedly claiming to be the baseball team...anyone heared anything about that?
I also found it hilarious the only person on the team not questioned was the lone black player on the squad, despite the fact he admitted to being at the party. Priceless
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04-11-2006, 05:07 PM | #259 | |
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I would think you would have to accept that as a fact given your tendency to accept everything uttered by the DA's office as fact. The lacrosse players all stated during questioning that they knew everyone in the house and they were all lacrosse players. So unless you're going to accept everything the DA says, everything the girl says, everything the lab says, and everything the lacrosse players say except that they're innocent and that they knew everyone in the house then it's a fact.
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04-11-2006, 05:07 PM | #260 | |
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04-11-2006, 05:15 PM | #261 | |
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I accept what officers of the court swear to under threat of perjury most of the time. Anyone is not above lying, but I will generally take parties that have no motivation to lie (ie. the medical examiners in this case) word for things. |
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04-11-2006, 05:23 PM | #262 | |
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Understood. The problem, as I stated previously, is that the only evidence which meets your criteria above is that the woman suffered some sort of trauma and that her fake nails were found in the bathroom along with some money ($400?). From there you have determined that she was raped in the bathroom. You still haven't explained the logical thought process that led you to that conclusion based on the available evidence. Especially since DNA testing came back negative. It seems that you are approaching this from the perspective of believing sworn testimony, believing everything the girl says, and not believing the lacrosse players. Which is fine, I guess, but just admit that's your perspective.
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04-11-2006, 05:25 PM | #263 | |
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Huck did a good job of quoting. You've mentioned the medical examiners and the police multiple times now. And sadly, you still don't seem to get what I'm trying to say there. All they can do is go off of evidence they see. Again, the bruising is critical here. Did they make any of their judgments based off of that? Did she have rough sex with a boyfriend before she even went to the party? Hell, they don't know. They can make best guesses, but they aren't 100% accurate and they know that. Their opinion alone means nothing without evidence to back up their claims. And that's where this case is falling incredibly short now. There doesn't appear to be hard evidence at this point. Maybe the DA has something and will show it at trial. But the lack of evidence in this case is appalling at this point. And if those pictures are accurate and she had bruising before, then what? Are you sure the medical examiners would stick by their remarks then? |
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04-11-2006, 05:32 PM | #264 | |
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It was part of the money she was paid ($140 dollars out of $400), her purse and personal items, and the fingernails. I don't really take everything she has stated as true, but here is my thinking (if I can type all this out)... If she was raped that night (which the evidence strongly suggests is true) then she would know where it happened. If she were raped by someone else, then why not tell the police who? I can believe she might be wrong on some of the facts (and be leaving out some personal incrimination), but I don't believe she'd not know where she was raped. (actually, I just keep it the short version) Last edited by GrantDawg : 04-11-2006 at 05:36 PM. |
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04-11-2006, 05:35 PM | #265 | |
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Anal rape and mental state. That is what they said they believed happened. I do believe they stick by that which is why the DA is still convinced a rape occured. Again, this case is far from ready to go to trial (heck, they don't even have a defendant yet). |
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04-11-2006, 05:38 PM | #266 |
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Did this girl ever date any of the players? revenge motivated?
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04-11-2006, 05:44 PM | #267 |
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While the combination of DNA results and the new photos is certianly bad (and maybe catastrophic) news for the prosection, I'm still not buying the idea that she made it up out of spite. Filing a rape charge, especially against anyone who's even moderately well known, would have to be a fairly life-changing event.
Yes, false charges are filed, but I find it hard to believe she'd do so over something petty like an insult or a few dollars. It's not like she tossed a rock through a window, we're talking about putting her own freedom at risk. There has to be something else to the story.
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04-11-2006, 05:46 PM | #268 | |
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04-11-2006, 05:51 PM | #269 | |
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04-11-2006, 05:55 PM | #270 | |
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04-11-2006, 06:18 PM | #271 | |
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Mental state is very arbitrary. Everyone has different reactions to traumas. Some people laugh at funerals, they can't help themselves. Doesn't mean they are thrilled the other person died. I understand there is a standard type of reaction most people have, but it's hard for them to say she's making this stuff up off of her reaction. The anal rape is interesting. On one hand, you can easily see damage there. But the problem with that is the fact that with that damage SHOULD come more physical evidence. (ie: DNA) All they can see there is the trauma, they really have no idea if it occured during rough sex, rape, foreign objects, etc.) I'm NOT saying she's acting and making all of this up. Please don't assume that's my position. I have no freakin idea. But the two things you mentioned simply don't help a lot in determining someone filing a false claim, someone lying about where the event happened or who did it. For that you need evidence that they seem to be sorely lacking. |
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04-11-2006, 06:19 PM | #272 | |
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This chick was arrested for stealing a cab, resisting arrest, fleeing from police and trying to run someone over. Who knows what she is capable of doing. The chick from the St. Johns scandle did exactly what we just describe. She made up a story to get money. |
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04-11-2006, 06:28 PM | #273 | |
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Is that true? |
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04-11-2006, 06:31 PM | #274 |
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I don't know the answer here, but it is quite interesting that most here such as GD believe everything the alleged victim has said (despite her prior criminal history) and nothing the lacrosse players say. In answer to GD's question how she wouldn't know where she was raped, two plausbile explanations are she was high or she was lying.
If she was treated horrendously by the team when she was there (name-calling, degrading comments), I could see revenge being a very simple motive. Again, though we don't know enough yet as to who to believe. |
04-11-2006, 06:40 PM | #275 | |
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She claims to have been raped by a white person, there would be no need to treat the black player as a suspect. He wasn't tested but everyone there was questioned. I'm a little curious, must have missed something, what the hell does that woman's story about being called the N word by some of the guys at the house have to do with anything in this case? All that proves is that they are a-holes, not rapists. |
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04-11-2006, 06:47 PM | #276 | |
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Well, ok, I can see that. But it's still a little odd. If it were the other way around, would he have been interviewed? |
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04-11-2006, 07:02 PM | #277 | |
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Unless there is a hate crimes statute on the books, it's probably not too relevant. Even if there were such a law, I'm still not certain if it is applicable. The racial harassment allegations are still very relevant for the players' dealings with Duke's disciplinary system. If the allegations can be proven, it might be enough to get some of them separated from the university. Last edited by Klinglerware : 04-11-2006 at 07:03 PM. |
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04-11-2006, 07:08 PM | #278 | |
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Well, I knew people at Rutgers who were on the less popular times, and when they got in trouble, those were the types of punishments handed out. Soccer, baseball, and, yes, lacrosse. If they missed curfew on game nights or got caught with alcohol in the dorms (underage), they would be suspended for a game. There were 3 lacrosse players in my summer calculus class who got caught cheating on an exam. They got kicked out of the class, and I'm assuming had to start new in another semester. But they never missed a game. I don't think it's a bad assumption that it's how it works at other big schools. |
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04-12-2006, 01:22 PM | #279 |
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Still waiting for some sort of evidence showing the players actually did this...
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04-12-2006, 02:14 PM | #280 | ||
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04-12-2006, 02:41 PM | #281 | |
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Radii and I were talking about this case yesterday at lunch and I mentioned that I would be in support of a media gag order placed on all cases until they were in court and had actual facts being released rather than speculation and opinions. Of course it was wrong for the players to be involved in a party where alcohol was given to underage students, however that is a far cry from a rape charge. Had this case been investigated without constant media scrutiny, they would have gotten a slap on the wrist and maybe a fine of some sort, certainly an appropriate punishment. But instead, the court of public opinion, fueled by information provided by the media has already tried this case and entered the sentencing phase, and now it seems that the crime didn't even occur. I felt the same way during the Peterson, Smith, Yates, Simpson, etc...cases...someone needs to step in and demand that there be some sort of limit as to what and who the media can have access to? |
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04-12-2006, 02:46 PM | #282 | |
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Hard to say what will happen. I would think that a few players would stay on if it meant receiving a Duke degree. But as I mentioned before, even if the sexual assault allegations are unfounded, there are still secondary allegations (racial and sexual harrassment, alcohol, etc) to be dealt with via Duke's disciplinary system. Some of these players may not be allowed to continue on at Duke. Last edited by Klinglerware : 04-12-2006 at 02:53 PM. |
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04-12-2006, 02:49 PM | #283 | |
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I agree with you that, as a policy matter, a lot of these cases would go better if the media kept their speculation out of it. The problem, of course, is the First Amendment. This may be one of those areas where we take the bad (this case being tried in the court of public opinion before charges were even filed) because we place such value on the good (a free press generally). |
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04-12-2006, 02:50 PM | #284 | |
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And they'd be damned fools not to (leave that is). They were the perfect villains -- presumably wealthy, white, and male. The train that ran them over says more about the community, their classmates, and the administration than the players.
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04-12-2006, 03:00 PM | #285 | |
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04-12-2006, 03:00 PM | #286 | |
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It seems like the First Amendment rights might be trampling on the individual rights. The accused and the accuser are going through hell right now and the students may have to transfer somewhere else to get an education in a safe environment. This seems like a heavy price to pay for a press that is really only serving itself by printing the sensational "news" before any real facts are revealed. |
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04-12-2006, 03:02 PM | #287 |
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If it does turn out that these women are lying about what happened, then that will almost be as bad as if it actually did happen.
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04-12-2006, 03:11 PM | #288 | |
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04-12-2006, 03:16 PM | #289 | |
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04-12-2006, 03:25 PM | #290 | |
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I agree. It is a hard price to pay. To take this case as an example--unless some hard evidence or confessions come out either way--then you are going to have a large group of people who think that these kids are rapists (no matter how things are resolved) and large group of people who think that the girl lied about being raped (no matter how things are resolved). Either of those is a horrible stigma that will stay with these people for life. The problem is that it is so hard to start placing restrictions on the media that do not go too far. But it is certainly an issue worth looking at--especially when both the DA and the defense attorneys use the media as a weapon (as any good DA and defense attorney does). |
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04-12-2006, 03:32 PM | #291 | |
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Ivy schools do accept transfers, but potential transfers have to have been admissable as high school seniors (in other words, if you didn't have the grades and test scores the first time around, you will not get in as a transfer even if you did well academically as a college student. Silly rule, but that's the Ivy League for you). I thought that you would have to sit out a year if you went to another D1 school, whether it was another ACC school or not. |
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04-12-2006, 03:36 PM | #292 | |
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I'd say that it starts with the media though. They are in such a rush to be the first ones to get the story out even before there is a story. True, people are dumb and they believe anything they read, but this is another example of the media creating news by printing everything every lawyer says, even if there is no basis for it. |
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04-12-2006, 03:39 PM | #293 | |
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I'd like to see gag orders for all crimes. All the lawyers are trying to do is influence the jury pool. I'd also like to see the media not be able to report details of a crime, or names of the participants. The trouble is that there would be no way to find and punish the leaks. |
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04-12-2006, 03:44 PM | #294 |
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This is probably the point where I point out that one of the primary (_the_ primary?) reasons that things such as arrests are matters of public record, in order to prevent people from simply being "disappeared".
And that's what makes it really tough to justify restricting access to such information.
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04-12-2006, 03:46 PM | #295 | |
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That's a very good point. |
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04-12-2006, 03:50 PM | #296 | |
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I have no idea where in the NCAA rulebook it would resolve this - according to the NCAA Duke's games cancelled this season aren't even considered forfeits?!? Last edited by BishopMVP : 04-12-2006 at 03:51 PM. |
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04-12-2006, 03:51 PM | #297 | |
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That is a good point, but I would have to believe there is a difference between making it public record and trying the case in the media. There are all kinds of documents and records that never make the mainstream media. |
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04-12-2006, 03:55 PM | #298 | |
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Yeah, the NCAA will probably waive any transfer rules in this instance. But it is weird that lacrosse wouldn't be subject to NCAA transfer rules within D1. |
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04-12-2006, 03:56 PM | #299 | |
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04-12-2006, 04:06 PM | #300 | |
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But once something is in the public record, can't the media do with it what it will? I could see (but not agree with) a rule that said that most information involving arrests and indictments had to be kept confidental. But I can't see a rule saying that the public has access to it--but the "mainstream media" should not report it. The reason things like the latest crop reports are not big news isn't because the media can't broadcast them. It is because no one in the public really cares enough to know (except, of course, for Randolph and Mortimer Duke). The fact that this case is being tried in the media is because people are interested in knowing about it (how many pages is this thread) and you can sell papers reporting it. Now, I will grant you that the participant's lives have been changed forever by the way in which they have been portrayed in the press during this case. But I think that that gets more to journalistic ethics (is that an oxymoron yet?) than anything the law can or should change. |
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