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Duke Lacrosse: Photo Lineup Procedure Transcript

As several commenters have noted, the transcript of the eyewitness identification procedure used by police in having the accuser ID players is here. It's a big topic, and deserves its own thread.

I just finished reading it and I believe it is even more flawed than previously reported.

The first thing that leaps out at me is police failed to tell her the suspects may or may not be in the photos. This instruction is essential. (See here (pdf), pages 41 to 43.) Research is clear that if you don't give that admonition to the eyewitness, there will be more "false hits" and the chances of a reliable ID are dramatically reduced. From Wisconsin's guidelines(pdf):

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Duke Lacrosse: DNA on Tissue Consistent With Third Player

Leaks are coming out on a second round of DNA tests. Reports are that DNA from a third player "is consistent with" DNA found on tissue under a fingernail in the trash.

Even if true, it doesn't establish a rape. It could have happened from contact during a scuffle over the money, or during a lap dance while she was dancing. It could have been a secondary transfer. The players have said the accuser was painting her nails in the bathroom. Nails were found in the living room where the dancing occurred.

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Duke LaCrosse: Finnerty Hearing Continued

Colin Finnerty's May 18 hearing in the Duke Lacrosse case has been continued to mid-June because the DA hasn't finished providing discovery. I suspect Reade Seligman's will be as well.

Durham's mayor wants some answers on the recently released Duke police report saying the accuser had credibility issues.

I don't know if there's more news in the case, but with 183 comments on yesterday's thread, it's time for a new one.

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Durham City Manager Defends Early Police Actions

The Durham City Manager today defended the early actions of the Durham police.

A Duke University committee's report blames Durham police for sending mixed messages in the early hours of the lacrosse rape investigation, but Durham's city manager is firing back. The report says Duke officials did not take the case seriously because Durham police officers said it would blow over.

"I'd like to see where that source of information came from," said Durham City Manager Patrick Baker. He admits the first two or three hours after the rape was reported were confusing as to whether the alleged victim was intoxicated or mentally ill. But Baker tells Eyewitness News that once a rape kit was in hand, there was no confusion. "We had launched a full-scale sexual assault investigation, by 4 or 5 that morning," he said.

Check out this one page Duke University Police report (pdf) dated March 14 released today. It states the accuser was picked up at Krogers "and she was claiming" she had been raped by 20 men. The report says the accuser had changed her story several times and the Durham police did not expect more than misdemeanor assault charges to be filed in the case.

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Duke Univ. Releases Report on Alleged Lacrosse Rape

Duke University released its report today on the rape allegation lodged against Duke lacrosse players. The accuser's varying accounts led them to discount her allegations. Here are some excerpts:

After the victim of the alleged assaults was taken to the Emergency Room of the Duke Hospital in the early morning hours of March 14, having earlier told Durham police that she was raped and sexually assaulted by approximately 20 white members of a Duke team (a charge later modified to allege an attack by three individuals in a bathroom), the official report of the Duke Police Department was submitted and reviewed by the Duke Police Director, Robert Dean, at 7:30 a.m. on March 14."

"There are reports from several sources that members of the Durham police force initially (March 14) made comments to Duke police officers and others to the effect that the complainant 'kept changing her story and was not credible;' that 'if any charges were brought, they would be no more than misdemeanors;' and that 'this will blow over.'"

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Continuing the Duke Lacrosse Players Discussion

There have not been any new developments this weekend in the Duke lacrosse players' alleged rape case, but there are over 200 comments on the last post, so I'm starting a new thread here.

I'll keep them coming as long as readers have an interest in discussing the case.

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New Duke Rape Allegation: DA Says Not His Job

A female, lesbian Duke student alleges she was raped by a male student following a dorm pot-smoking, drinking party on the last day of classes. The male denies they had sex.

DA Mike Nifong says it's not his job to be involved unless police ask for his help.

"The Duke lacrosse case was very different from the way we normally get rape cases," Nifong said. "The District Attorney's Office is normally not contacted during the course of an investigation unless the law enforcement agency needs some special kind of assistance," such as obtaining a court order, he said. "That has not been the case in [the latest] investigation."

Duke police did get a search warrant and order for DNA testing. Nifong's explanation:

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Judging the Duke Lacrosse Players

by TChris

Apart from Jeralyn's informative observations here at TalkLeft, some of the most interesting takes on the Duke lacrosse case have come from sports columnists. In a piece headlined "Justice is getting lost in Duke case," the Kansas City Star's Jason Whitlock argues that it's time for sensationalists to take a step back and look at the evidence:

The fact that one of the arrested suspects seems to have an airtight alibi -- a cabbie, cell phone records, an ATM receipt and record of entrance into his dorm room -- is completely ignored. So is the fact that the other stripper clearly has questionable motives and is interested in seeing if she can "spin" this tragedy to her advantage and possibly make a little cash.

Criminal accusations, Whitlock reminds us, should be judged on their merit, not on preconceptions about the likely behavior of privileged white men and black female college students of significantly lesser means. Deeper societal issues of racial injustice may or may not be showcased in a particular trial, but they can't be remedied in a criminal prosecution. Prosecutions depend on facts, not stereotypes. It is unjust to base opinions about the merits of an accusation on the race or social status of the accuser or accused.

Again, I don't know what happened inside that house. But I do know that Martin Luther King Jr. and many, many others of all races did not die so that the poor, black and oppressed could surrender the moral high ground and attempt to inflict injustice on the privileged. ... We're far better served being on the side of justice at all times and complaining when it doesn't arrive at our doorstep rather than rooting for injustice to befall the privileged.

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Duke Lacrosse DA Wins Primary Election

Mike Nifong, Durham County District Attorney, has won the Democratic primary election. Since there is no Republican candidate, he retains his job for another term.

Now that the election is out of the way, maybe he will have time to take a look at the defense photos showing Reade Seligman at the ATM machine at 12:24 am, a critical time period for the alleged rape.

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Duke Player's Lawyer Seeks Recusal of DA for Case Improprieties

Accused Duke Lacrosse player Reade Seligman's lawyer filed a motion (pdf) today seeking recusal of the DA. It's a great motion, you should read the whole thing. It lays out the undisputed and disputed evidence, has new details, and alleges the D.A. was motivated by the primary election which is being held tomorrow and a desire to claim the national spotlight.

The motion also alleges he improperly injected himself in the lineup, causing the Durham Police Department to violate their own procedures which are embodied in a police department order.

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Duke LaCrosse DA and Accuser's Prior Gang Rape Allegation

There's follow-up news on the Duke Lacrosse player accuser's filing of a report in 1996 claiming three men raped her in 1993, when she was 14. Her ex-husband now says he encouraged her to file the report. The accuser's father, meanwhile, said the earlier rape didn't happen -- or at least he never heard about it.

Kenneth McNeil, a Durham man who was married to the woman for 17 months, said in an interview Friday that three years after the incident, he urged her to make the report to Creedmoor police to help her overcome the trauma. "I wanted them to pay for what they did," said McNeil, who was then engaged to the woman.

He has no first hand-knowledge of the incident, which occurred when the accuser was in high school. Here's what he says she told him during their engagement:

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Duke Accuser's Parents Speak Out on Mental Health Issues

Update: The New York Times reports the accuser filed the earlier gang rape report when she was 18, and said it happened when she was 14. No explanation for the almost 4 year wait.

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The Duke Lacrosse players' accuser's parents confirm she has prior mental health issues and has been raped previously.

The mother of the alleged victim told ESSENCE magazine that her daughter did go away to a hospital in Raleigh, North Carolina, for about a week last year, where she was treated for a "nervous breakdown." While the accuser's parents did not say they knew what brought on the breakdown, they did say that their daughter was upset about mounting bills. The mother also told ESSENCE that when her daughter was 17 or 18, she was raped by several men, one of whom was someone she knew. The attack took place in the town of Creedmoor, about 15 miles northeast of Durham, and was a "set up," according to the accuser's mother. Although other family members confirmed that the alleged victim reported the incident to police in that jurisdiction, the young woman declined to pursue the case, relatives say out of fear for her safety.

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