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The Duke lacrosse case: Gimme some truth

5 SEP 2007  •  by Lisa Sorg, lsorg (at) indyweek (dot) com

Mike Nifong goes to jail Friday. And on Saturday, having spent 24 hours behind bars on contempt of court charges, the former Durham district attorney will be released in time to catch Booker T. and the MG's that night at the Bull Durham Blues Festival.

The cost to taxpayers of Nifong's sleepover is roughly $77. But the price to learn the truth about the Duke lacrosse case is exorbitant. The Committee to Investigate the Durham Police Department, a 12-member group appointed by the city council earlier this year, has temporarily suspended its work, pending potential civil lawsuits against DPD filed by the falsely accused lacrosse players. What the committee may find in its parsing of the public record could supply the defense with enough ammunition to bomb the city in litigation. Durham's insurance carrier considers the case radioactive and has advised city officials that it may lose its coverage. (This scenario is much like health care in America: Pay your premiums, contract a dire disease, and your insurance suddenly evaporates—but that discussion is for another time.)

So Thursday, as Nifong says his final goodbyes to his family before going to the county lockup for a day, the council, in a private meeting with the city's legal team, will be confronted with a choice that carries lasting ramifications: Authorize the committee to continue its probe into DPD's role in the case, the results of which could financially cripple the city. Or instruct the committee to stop looking for the truth, which essentially absolves anyone of any wrongdoing. After all, you're guilty only if you get caught.

What do police often say to suspects? If you're innocent, you have nothing to worry about. But then again, the three lacrosse players thought they had nothing to worry about. If you believe then-Durham Police Chief Steve Chalmers, then all this legal hand-wringing is unnecessary. In a May 11, 2007, letter to City Manager Patrick Baker, Chalmers defended his department's protocol and pursuit of the truth in the investigation; Baker in turn sent a memo to Mayor Bill Bell and city council members seconding Chalmers' claims that the photo lineups presented to the accuser were never intended to flush out suspects—which is what occurred—but only to identify party attendees.

"The ultimate question that will be the legacy of this matter is why it took the criminal justice system nearly 13 months to reach the conclusion that the allegations of rape, sexual assault and kidnapping were unfounded," Baker wrote.

The legacy of this matter is the absence of truth and transparency. The committee must continue its investigation into DPD's actions, regardless of the expense. Durhamites will pay, either way.

2 COMMENTS

Dear Lisa, Yes,the ultimate question that will be the legacy of this matter is why it took the criminal justice system nearly 13 months to reach the conclusion that the allegations of rape, sexual assault and kidnapping were unfounded"?. The legacy of this matter is the absence of truth and transparency.So tell me, have you had anyone to comment to the truth behind the aforementioned statements. Moreover, have you ever thought about the fact that the same situation that happened to the Duke Lacrosse boys goes on everyday to those less fortunate of having the financial backing the young men from Duke had? So, if the lacrosse case has now proved that if you're innocent you're not okay, what is there to be said about the justice system we as Americans believe is in place to protect and serve when actually the thousands of people who face the same type of prosecution the aforementioned faced are not so lucky because they don't get the needed media attention to show the numerous human/constitutional rights that are being violated everyday from the bench right down to the lawyer's office next door. I challenge you to open your mind and really ask yourself why do you think they never charged the accuser with criminal charges? Could something really have happened and with good intention Mr. Nifong intuitively knew something was wrong, but because of the lack of evidence to prove his case, he should have never proceeded without the necessary proof? Go visit the Durham County or Wake County courtrooms for yourself on a frequent basis and you be the judge!!
by laurenforjustice (lauren@lightspeedpanel.com) Durham 11 Sep 2007, 10:00am Report this comment
Dear Lauren, This is precisely my point behind demanding that the investigation into DPD's activities continue. We can imagine how people of lesser means and resources may have been treated in the past by the local criminal justice system. Without complete accountability on this issue, regardless of the cost, we can be assured that any bad apples remain in the system and the potential for abuse continues unchecked.
by Lisa Sorg, Indy Editor (lsorg@indyweek.com) Durham 11 Sep 2007, 12:37pm Report this comment
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