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mahatmakanejeeves

(57,512 posts)
Fri May 16, 2014, 05:13 PM May 2014

City, Duke lacrosse players settle

Source: Durham Herald-Sun

May. 16, 2014 @ 11:02 AM
Ray Gronberg

The Herald-Sun

DURHAM —City officials announced Friday they’d settled one of the two remaining lawsuits spawned by the Duke lacrosse case.

Filings in federal court confirmed that the city had settled with 2005-06 Duke men’s lacrosse players David Evans, Colin Finnerty and Reade Seligmann. All three had been indicted on rape charges in 2006 but were exonerated a year later.

A statement issued by the city said officials had agreed to make a one-time grant of $50,000 to the N.C. Innocence Inquiry Commission, a state panel set up to review post-conviction claims that claims that a person accused of a crime is actually innocent.

The city’s statement also said it “fully concurs” with state Attorney General Roy Cooper’s decision in 2007 to drop the charges on the grounds that Evans, Finnerty and Seligmann “were innocent.”

Read more: http://www.heraldsun.com/breakingnews/x1596735086/City-Duke-lacrosse-players-settle

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City, Duke lacrosse players settle (Original Post) mahatmakanejeeves May 2014 OP
The city got off too easy. Thanks for the update. n/t pnwmom May 2014 #1
It doesn't sound like the kids had much of a suit against the city struggle4progress May 2014 #7
Well that's the city's opinion. What was the claim in the students' lawsuit? pnwmom May 2014 #8
Plaintiffs originally filed for $30 million on a conspiracy theory, much of which struggle4progress May 2014 #10
As I recall, there was a city employed policeman also involved in the railroad job. n/t pnwmom May 2014 #11
You obviously don't know both sides. GOPee May 2014 #17
I am very familiar with the case, and strongly supported the students here on DU. pnwmom May 2014 #18
I clearly responded to the wrong poster. GOPee May 2014 #25
It ends with a whimper. This case drove DU insane. Comrade Grumpy May 2014 #2
"It ends with a whimper." mahatmakanejeeves May 2014 #19
I am still not over this case bluestateguy May 2014 #3
What's wrong with using her name? NutmegYankee May 2014 #4
One of her victims is actually dead. Considering she was convicted of killing her boyfriend. LisaL May 2014 #5
The lacross players should own large portions of the school at this point .IMHO weissmam May 2014 #6
They may have gotten substantial sums in their settlement with Duke struggle4progress May 2014 #13
Cases like this are why I don't trust the justice system. christx30 May 2014 #9
Future victims of Nifong lucked out because he attacked the wrong group of young people. pnwmom May 2014 #12
Yeah mzteris May 2014 #24
You don't know that for a fact. The case never went to trial struggle4progress May 2014 #15
I remember the case. christx30 May 2014 #16
It should be one year in prison for every day that an innocent person spends in prison. 47of74 May 2014 #22
It'll never happen. christx30 May 2014 #23
One horrible thing about false rape allegations, Nye Bevan May 2014 #14
It's an ill wiind that blows no good. mahatmakanejeeves May 2014 #20
If you're a glutton for punishment, here are some more links. mahatmakanejeeves May 2014 #21

pnwmom

(108,980 posts)
8. Well that's the city's opinion. What was the claim in the students' lawsuit?
Fri May 16, 2014, 09:24 PM
May 2014

Without knowing both sides, how can anyone say who is in the right?

Isn't this why we ran into trouble on this case in the first place? Automatically believing the prosecution and the city?

struggle4progress

(118,296 posts)
10. Plaintiffs originally filed for $30 million on a conspiracy theory, much of which
Fri May 16, 2014, 10:03 PM
May 2014

was tossed by the courts. Settling for $50K to the Innocence Project is a face-saving move that shows everyone's tired of dumping money into this pit

GOPee

(58 posts)
17. You obviously don't know both sides.
Sat May 17, 2014, 12:37 PM
May 2014

For those of us that followed it, and initially believed her, it was a gross injustice, she was a total fraud, and proven so. The city joined in the lynching of these boys, as did I, and many on this board, much to my dismay. Check it out.

pnwmom

(108,980 posts)
18. I am very familiar with the case, and strongly supported the students here on DU.
Sat May 17, 2014, 01:08 PM
May 2014

What I was saying is that the person posted only the city's response, denying culpability. I wanted to know what the students in their lawsuit were saying the city specifically did wrong (as opposed to the prosecutor, who apparently was an employee of the state.)

The person I was answering seemed to take the city's statement at face value, as if it was established fact since the city said it. I wanted to know what the response to that particular statement was.

GOPee

(58 posts)
25. I clearly responded to the wrong poster.
Sun May 18, 2014, 07:04 AM
May 2014

I'll get some coffee and reread the thread.. Sorry if I jumped the tracks. yikes

mahatmakanejeeves

(57,512 posts)
19. "It ends with a whimper."
Sat May 17, 2014, 02:26 PM
May 2014

Not yet.

City, Duke lacrosse players settle

May. 16, 2014 @ 11:02 AM
Ray Gronberg

....
The settlements left Linwood Wilson, a former investigator for the DA’s office, as the sole remaining defendant in the lawsuit. He has been representing himself, instead of employing a lawyer.

The city is still in litigation with three other members of the 2005-06 Duke team who escaped indictment in 2006. That case remained unsettled ahead of a conference Friday morning between lawyers and U.S. District Court Judge James Beaty Jr.

A third lawsuit, filed by 38 unindicted members of the team, was dropped last year after the U.S. Supreme Court refused to reinstate the federal civil-rights claims against the city.

bluestateguy

(44,173 posts)
3. I am still not over this case
Fri May 16, 2014, 06:51 PM
May 2014

I am not over it.

Crystall Gale Magnum (yes, I used her name, so sue me), is in jail, but Matt Nifong should have gone to jail for 20 years. The president and fuckwad administrators at Duke should have been fired and blacklisted from academia. The 88 professors who signed that bullshit politically correct letter were not disciplined and all of the angry agitators: militant feminists, the New Black Panthers, Nancy Grace, Wendy HUnter and some agenda-pushers right here on DU, never apologized.

I am not over it.

NutmegYankee

(16,200 posts)
4. What's wrong with using her name?
Fri May 16, 2014, 07:11 PM
May 2014

She's a perpetrator, not a victim. Her many victims have had their lives forever disrupted.

christx30

(6,241 posts)
9. Cases like this are why I don't trust the justice system.
Fri May 16, 2014, 09:29 PM
May 2014

As innocent as these kids were, it took an army of highly paid lawyers to keep them out of jail due to malacious prosecution. If they weren't so rich, they would be in prison right now. Justice and truth don't matter.

pnwmom

(108,980 posts)
12. Future victims of Nifong lucked out because he attacked the wrong group of young people.
Fri May 16, 2014, 10:34 PM
May 2014

I hope whoever replaced him isn't the slime he was.

christx30

(6,241 posts)
16. I remember the case.
Sat May 17, 2014, 11:30 AM
May 2014

Nifong was going after these guys like they had killed his dog. Everyone had an opinion on their guilt or innocence. Many people on DU were out for their blood, convinced that they were guilty as sin. It looked to me that they were going to prison. These boys were saved, not by the truth (which was on their side, as if THAT mattered), but by their parents money. Take that money away, and they would be gone. It's as simple as that.
Courts and prosecutors are not interested in the truth. They want a win. They want to put people in jail. The performances in front of the camera are a show. Trust them at your peril.
We hear stories all the time of innocent people in jail for 15, 20, 30 years because the cops lie. Because the prosecution fabricates evidence to get a win. And there are no consequences for those horrible acts. This country is 228 years old. The first prosecutor that was jailed for putting an innocent person in prison happened in 2013. And he only got 10 days in jail, 500 hours of community service and a small fine. His victim was in prison for 25 years. Until we start jailing prosecutors for malfeasance, I won't trust the court system. No one should. Official immunity needs to become a thing of the past. There is no legitimate reason for it.

 

47of74

(18,470 posts)
22. It should be one year in prison for every day that an innocent person spends in prison.
Sat May 17, 2014, 02:45 PM
May 2014

Make it clear that we would rather 99 guilty go free than one innocent person being imprisoned and back that up with the force of law. Maybe if a malicious prosecutor and their immediate families are required to spend one year in prison for every day that an innocent person spends in prison that would cut down on this horseshit.

christx30

(6,241 posts)
23. It'll never happen.
Sat May 17, 2014, 02:51 PM
May 2014

They like the status quo. And there is no incentive for the legislature to fix the problem. It's a few less tax payers out there. And it's more money for the profit-for-prison industry. Why should they care about the lives they destroy?

Nye Bevan

(25,406 posts)
14. One horrible thing about false rape allegations,
Fri May 16, 2014, 10:50 PM
May 2014

quite aside from the damage done to the lives of those falsely accused of rape, is the fact that they make real rape victims less likely to be believed. This is an utterly disgusting crime.

mahatmakanejeeves

(57,512 posts)
20. It's an ill wiind that blows no good.
Sat May 17, 2014, 02:32 PM
May 2014
City of Durham settles long-running lawsuit with former Duke lacrosse players

By Anne Blythe
ablythe@newsobserver.comMay 16, 2014 Updated 19 hours ago

DURHAM — Three Duke University lacrosse players and the City of Durham settled a long-running lawsuit Friday, closing another chapter in a case that exposed flaws in the Durham justice system and ended a district attorney’s legal career.

Under terms of the settlement, the three players – Reade Seligmann, Collin Finnerty and Dave Evans – will receive no money. At their request, the city will make a $50,000 grant to the N.C. Innocence Inquiry Commission. ... Mike Nifong, the disbarred and disgraced former district attorney, also agreed to give the commission $1,000, settling the case against him, according to one of the attorneys representing the players.

“It was an honor and a surprise to be chosen to receive this grant,” said Kendra Montgomery-Blinn, executive director of the commission. “We will put the money in a special fund, and it will be used for the investigation of innocence claims. We are pleased that the important work of the Innocence Inquiry Commission was recognized in this way.”

The Innocence Inquiry Commission, the first of its kind in the nation, was created in 2006 after several high-profile cases of wrongful convictions raised questions about the criminal justice system. Though the wrongfully convicted can appeal their verdicts, their claims generally are limited to technical problems at the trial level, not claims of innocence. But the commission has legal authority and powers to delve into such claims, then put them before a panel of judges that can grant immediate freedom.

mahatmakanejeeves

(57,512 posts)
21. If you're a glutton for punishment, here are some more links.
Sat May 17, 2014, 02:39 PM
May 2014

Eight years. This has been going on for eight years

Nifong Ironies in Settlement

The attempted rehabilitation of Mike Nifong

At DU: Darryl Howard and the rampaging prosecutor: Durham learns little from Duke lacrosse debacle

This is a sad display of prosecutorial misconduct. Maybe malevolence is a better word than misconduct.

From the Washington Post: Darryl Howard and the rampaging prosecutor: Durham learns little from Duke lacrosse debacle

The Watch
A reported opinion blog on civil liberties and the criminal justice system

By Radley Balko March 20 at 12:11 pm

When Darryl Howard was convicted of murder in 1995, he cried out ”I didn’t do it!” then sobbed in open court. He has maintained his innocence ever since.
....

Now, newly discovered evidence further argues for Howard’s innocence. In court papers filed this week, the Innocence Project reveals that DNA testing of a rape kit taken from Doris Washington found some sperm that went undetected during the initial investigation. That sperm is a match to a career criminal, not to Howard. Attorneys for Howard have also uncovered evidence that prosecutors in the case may have withheld important exculpatory evidence, including a credible statement from an informant days after the murder who attributed the crimes to a local gang, not to Darryl Howard.

Discovery of the memo, which was known to police and should have been known to prosecutors, shows that the state failed to turn over relevant evidence pointing to Howard’s innocence. But the contents of the memo also suggest that Howard’s prosecutor not only put on perjurious testimony from a police investigator, he then used that evidence to give false statements in court himself.

Perhaps most interesting of all is just who that prosecutor was: Michael Nifong, then an assistant district attorney for Durham County. Nifong of course would later be appointed, then elected district attorney, and then make national headlines in 2006 when he falsely charged three Duke University lacrosse players with sexually assaulting a stripper. In 2007 Nifong was disbarred for his handling of evidence in that case. He was also found in contempt for making false statements about the case in court.
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