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{{short description|2006 criminal case in Durham, North Carolina, United States}} | |||
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<noinclude>{{Requested move notice|1=Duke lacrosse rape hoax|2=Talk:Duke lacrosse case#Requested move 20 December 2024}} | |||
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The '''Duke lacrosse case''' was a widely reported 2006 criminal case hoax in ], United States, in which three members of the ] ] were ].<ref name="cbs attempted murder" /><ref>{{cite news |author=] |title=North Carolina: Woman in Duke case guilty in killing |newspaper=The New York Times |date=November 22, 2013 |url=https://www.nytimes.com/2013/11/23/us/north-carolina-woman-in-duke-case-guilty-in-killing.html |access-date=March 9, 2019 |archive-date=April 15, 2021 |archive-url=https://web.archive.org/web/20210415201624/https://www.nytimes.com/2013/11/23/us/north-carolina-woman-in-duke-case-guilty-in-killing.html |url-status=live }}</ref><ref>{{cite news |first=Jen |last=Yamato |title=The stripper who cried 'rape': Revisiting the Duke lacrosse case ten years later |publisher=The Daily Beast |date=March 12, 2016 |url=https://www.thedailybeast.com/the-stripper-who-cried-rape-revisiting-the-duke-lacrosse-case-ten-years-later |access-date=March 9, 2019 |archive-date=December 10, 2021 |archive-url=https://web.archive.org/web/20211210210620/https://www.thedailybeast.com/the-stripper-who-cried-rape-revisiting-the-duke-lacrosse-case-ten-years-later |url-status=live }}</ref> The three students were David Evans, Collin Finnerty, and Reade Seligmann. The accuser, ], a student at ]<ref name="foxprofile" /><ref name="cbs attempted murder">{{cite news |title=Crystal Mangum, stripper who falsely accused Duke lacrosse players, charged with attempted murder |url=https://www.cbsnews.com/news/crystal-mangum-stripper-who-falsely-accused-duke-lacrosse-players-charged-with-attempted-murder/ |agency=CBS |access-date=March 9, 2019 |quote=In 2006, Mangum, then a North Carolina Central University student earning money as a stripper, said that three Duke lacrosse players raped her |work=CBS News |first=Neil |last=Katz |date=February 18, 2010 |archive-date=September 18, 2021 |archive-url=https://web.archive.org/web/20210918211106/https://www.cbsnews.com/news/crystal-mangum-stripper-who-falsely-accused-duke-lacrosse-players-charged-with-attempted-murder/ |url-status=live }}</ref> and part-time ],<ref>{{Cite news |url=http://www.nydailynews.com/news/national/2010/02/18/2010-02-18_crystal_gail_mangum_stripper_in_duke_lacrosse_rape_case_charged_with_arson_and_a.html |title=Crystal Gail Mangum, stripper in Duke lacrosse rape case, charged with arson and attempted murder |work=nydailynews.com |access-date=September 11, 2010 |location=New York |first=Corky |last=Siemaszko |date=February 18, 2010 |archive-date=February 21, 2010 |archive-url=https://web.archive.org/web/20100221073533/http://www.nydailynews.com/news/national/2010/02/18/2010-02-18_crystal_gail_mangum_stripper_in_duke_lacrosse_rape_case_charged_with_arson_and_a.html |url-status=dead }}</ref> alleged that the rape occurred at the Durham residence of two of the team's ], where she had worked on March 13, 2006. Investigation and resolution of the case sparked public discussion of racism, ], ], and ] on campuses. The former lead ], ] ] ], ultimately resigned in disgrace, and was ] and briefly imprisoned for violating ethics standards. In December 2024, Mangum admitted to fabricating the assault.<ref>{{Cite web |title=Crystal Mangum admits to fabricating 2006 Duke lacrosse scandal accusations |url=https://www.dukechronicle.com/article/2024/12/duke-mens-lacrosse-scandal-2006-crystal-mangum-admits-fabrication-rape-18-years-later-apologizes-kat-depasquale-evans-finnerty-seligmann-brodhead-pressler-nifong |access-date=2024-12-13 |website=The Chronicle |language=en-US}}</ref><ref>{{Cite web |last=Tsui |first=Karina |date=2024-12-13 |title=Duke lacrosse accusations: Crystal Mangum, who accused three players of rape, now says she lied about the encounter |url=https://www.cnn.com/2024/12/13/us/duke-lacrosse-accusations-crystal-mangum?cid=ios_app |access-date=2024-12-14 |website=CNN |language=en}}</ref><ref>"". ''NBC News''. December 13, 2024.</ref> | |||
The '''2006 Duke University lacrosse team scandal''' began in ] when three members of ]'s men's ] team were accused of ] ] ] ] during a party held at the residence of two of the team captains, leading to the indictment of three players. David Evans of ], Reade Seligmann of ], and Collin Finnerty of ] were charged with first degree forcible ], first degree sexual offense, and ].<ref name="Evans_Indicted">Beard, Aaron. . '']''. 15 May 2006</ref> Duke's nationally ranked lacrosse team's season was suspended for the rest of the 2006 season as a result. The event has drawn national attention and highlighted racial tensions in the ] area. | |||
On April 11, 2007, ] ] dropped all charges, declaring the three lacrosse players "innocent" and victims of a "tragic rush to accuse".<ref>{{cite news |title=N.C. attorney general: Duke players 'innocent' |publisher=CNN |date=April 11, 2007 |url=http://www.cnn.com/2007/LAW/04/11/cooper.transcript/index.html |access-date=March 9, 2019 |archive-date=April 15, 2021 |archive-url=https://web.archive.org/web/20210415075729/http://www.cnn.com/2007/LAW/04/11/cooper.transcript/index.html |url-status=live}}</ref><ref name="Dropping Case">{{cite news |last=Beard |first=Aaron |title=Prosecutors Drop Charges in Duke Case |agency=Associated Press |date=April 11, 2007 |url=http://www.sfgate.com/cgi-bin/article.cgi?file=/n/a/2007/04/11/national/a113721D83.DTL |access-date=April 11, 2007 |work=The San Francisco Chronicle |archive-url=https://web.archive.org/web/20070526075138/http://www.sfgate.com/cgi-bin/article.cgi?file=%2Fn%2Fa%2F2007%2F04%2F11%2Fnational%2Fa113721D83.DTL |archive-date=May 26, 2007 |url-status=dead }}</ref> Cooper described Nifong as a "rogue prosecutor"; he withdrew from the case in January 2007 after the ] filed ethics charges against him. In June 2007, Nifong was disbarred for "dishonesty, fraud, deceit and misrepresentation", making him the first prosecutor in North Carolina disbarred for trial conduct. Nifong served one day in jail for lying about sharing ]s (]); he had not given results to the defense team. The lab director said it was a misunderstanding and Nifong claimed it was due to weak memory.<ref name="CrimContempt">{{cite news |last=Beard |first=Aaron |title=Judge Finds Duke Prosecutor in Contempt |agency=Associated Press |date=August 31, 2007 }}</ref> DNA analysis did not show evidence from any of the accused men; Mangum was not charged for her allegations.<ref>{{cite web |last=Chambers |first=Stanley B. Jr. |url=http://www.newsobserver.com/2010/06/30/559021/duke-lacrosse-accuser-holds-press.html |title=Duke lacrosse accuser holds press conference to defend herself |archive-url=https://web.archive.org/web/20100702093826/http://www.newsobserver.com/2010/06/30/559021/duke-lacrosse-accuser-holds-press.html |archive-date=July 2, 2010 |work=The News & Observer |date=June 30, 2010 |access-date=August 14, 2020 |url-status=dead }}</ref> | |||
Many have criticized Durham District Attorney ], alleging a lack of physical evidence, changes to and inconsistencies in Mangum's story, testimony by the DNA lab director that Nifong deliberately withheld exculpatory DNA from the defense despite the state's discovery rules,<ref>. ''].'' 24 December 2006.</ref> and arguably improper actions by the police that undermine the investigation.<ref name="Jocks_And_Prejudice">Kristof, Nicholas. | |||
. '']''. 11 June 2006</ref><ref name="Duke_Witch Hunt_details">Brooks, David. ''The New York Times''. 28 May 2006 </ref> ] ] has stated his office might investigate how Nifong has handled the case.<ref>. ''Wral.com.'' 17 December 2006.</ref> Both sides have been accused of using the media to their benefit.<ref> (requires paid subscription). ''The New York Times.'' 25 August 2006.</ref> Nifong has responded by saying that the criticisms are a product of a defense strategy to malign the prosecution and intimidate the alleged rape victim. <ref>. ''].'' 24 December 2006.</ref> | |||
Cooper noted several inconsistencies between Mangum's accounts of the evening and the ]s offered by Seligmann and Finnerty, which were supported by forensic evidence. The ] was strongly criticized for violating their own policies by: allowing Nifong to act as the ''de facto'' head of the investigation; using an unreliable suspect-only photo identification procedure with Mangum; pursuing the case despite vast discrepancies in notes taken by Investigator Benjamin Himan and Sergeant Mark Gottlieb; and distributing a poster that appeared to presume the suspects' guilt shortly after the allegations were made public.<ref name="DurhamLawsuit">{{cite news |title=Ex-players seek $30 million settlement |publisher=News & Observer |date=September 8, 2007 |url=http://www.newsobserver.com/2007/09/08/45149/ex-players-seek-30-million-settlement.html#storylink=misearch |access-date=October 24, 2010 |archive-date=December 28, 2014 |archive-url=https://web.archive.org/web/20141228111109/http://www.newsobserver.com/2007/09/08/45149/ex-players-seek-30-million-settlement.html#storylink=misearch |url-status=dead }}</ref> The three students brought a civil lawsuit against ], which was settled with the university paying approximately US$20 million to each claimant. The students also sought further unspecified ] and called for criminal justice reform laws in a federal civil rights lawsuit filed against the City of Durham and its police department.<ref name="DurhamLawsuit" /> | |||
On ], ], Nifong dropped the rape charges against the three indicted players.<ref>. ''WRAL.com.'' 22 December 2006.</ref><ref>. ''].'' 22 December 2006.</ref> Charges of sexual offense and ] remain. | |||
On ], ], the North Carolina bar filed ethics charges against Nifong over his conduct in the case, accusing him of making public statements that were "prejudicial to the administration of justice" and of engaging in "conduct involving dishonesty, fraud, deceit, or misrepresentation."<ref name="NCBAR">. ''Associated Press.'' 28 December 2006.</ref> | |||
On ], ], Nifong sent a letter to North Carolina Attorney General ] asking to be taken off the case, giving the responsibility for the case to the Attorney General's office.<ref>. ''ABC News.'' 12 January 2007.</ref> On ], ] Attorney General Roy Cooper announced that his office would take over the case.<ref>{{cite web | |||
|url=http://wcbstv.com/local/local_story_013144425.html | |||
|title=Prosecutor Mike Nifong Removed From Duke Case | |||
|date=2007-01-13 | |||
|publisher=WCBS-TV New York | |||
|accessdate=2007-01-14}}</ref> | |||
==Timeline of events== | ==Timeline of events== | ||
===Events at the house=== | |||
{{wikinewshas|news related to this article| | |||
] | |||
*] | |||
In March 2006, ],<ref name="conviction"> {{webarchive |url=https://web.archive.org/web/20080124110007/http://webapps6.doc.state.nc.us/apps/offender/offend1?DOCNUM=0801264&SENTENCEINFO=yes&SHOWPHOTO=no&numtimesin=1|date=January 24, 2008}}, North Carolina Department of Correction Public Access Information System</ref><ref name="similar claim">{{cite news |url=http://dukechronicle.com/article/dancer-made-prior-allegation |title=Dancer made prior allegation |publisher=Duke Chronicle |date=April 30, 2006 |access-date=October 24, 2010 |archive-date=February 24, 2021 |archive-url=https://web.archive.org/web/20210224185849/https://www.dukechronicle.com/article/dancer-made-prior-allegation |url-status=live }}</ref> a student at ],<ref name="foxprofile">, '']'', April 11, 2007.</ref> had been working part-time as a ]. She was divorced and supported two children. Although Mangum claimed that she had only recently taken up stripping, further investigating revealed that she had worked at strip clubs since at least 2002, during which time she was arrested for attempting to run over a police officer in a taxi she had stolen. The incident report stated that she had been lap dancing at a strip club that evening.<ref name="smolkin">{{cite journal |last=Smolkin |first=Rachel |author-link=Rachel Smolkin |date=August–September 2007 |title=Justice Delayed |journal=] |url=http://ajr.org/Article.asp?id=4379 |access-date=November 3, 2014 |archive-url=https://web.archive.org/web/20130610200550/http://ajr.org/Article.asp?id=4379 |archive-date=June 10, 2013 |url-status=dead }}</ref> | |||
}} | |||
The alleged victim is a 27-year-old African-American woman named ]<ref>http://www.kirkosborn.com/Motions/MotiontoSuppressPhotos.pdf Documents released by the Defense which reveal Mangum's name</ref>. She served in the ], is a single mother, and a student at ], a state-owned and ] (HBCU) college located in ]. She claims that, on ], ], three white members of Duke University's lacrosse team beat, strangled, and sexually assaulted her anally, vaginally and orally, without condoms and with ejaculations. Her father, who was unaware of her job until after the rape allegations, told authorities several weeks later that she was also penetrated with a broom. <ref>Johnson, Mark. . '']''. 27 April 2006.</ref> <ref>Sherwell, Philip. . '']''. 02 April 2006</ref> | |||
On March 13, 2006, the lacrosse team held a party at 610 North Buchanan Boulevard, a house owned by ] and used as the off-campus residence of the ]'s ]. The team intended for the party to be compensation for having to remain on campus during ], due to their competition schedule, and alcohol was consumed. Several players were unaware that strippers had been hired, and only after their arrival were they asked to contribute to the strippers' fees.<ref name="Parrish">Parrish, R. B. (2009) ''The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro'', p. 19; {{ISBN|1-4392-3590-2 }}</ref> | |||
===Before arrival=== | |||
In an interview with a local newspaper, Mangum said she had worked for an ] for two months, meeting clients one-on-one several times a week.<ref name="Dancer_gives_details">Khanna, Samiha & Blythe, Anne. . '']''. 25 March 2006.</ref> She said, however, that this was the first time she had been hired to perform a ] for a large group of people. Mangum claims that she and another female performer had been hired to perform for a bachelor party of five men at an off-campus house, rented by the team and recently purchased by Duke University.<ref name="Dancer_gives_details"/> Fox News reports she acknowledged having sex with at least three men before the party took place.<ref name="Defense Sources: Duke Accuser Gave Conflicting Stories About Alleged Rape">.'']''. 24 May 2006.</ref> Based on defense motion exhibits, it has been reported that Mangum told the sexual assault nurse-in-training who examined her at Duke Hospital the evening of the alleged assault that she had consumed one drink of alcohol that evening and had also taken the medication Flexeril, which is a prescription muscle relaxant.<ref name="Flex">. ''Durham Herald Sun.'' 30 August 2006.</ref> Flexeril, especially when used with alcohol, "may impair mental and/or physical abilities," and it may "enhance the effects of alcohol," according to the drug's manufacturer. Mangum also told a UNC Hospital physician the day after the alleged assault that she was drunk and had consumed "a lot of alcohol." She reportedly later told Durham police detective Benjamin Himan that she had consumed a 24-ounce bottle of beer and two 22-ounce beers.<ref name="Flex"/> | |||
A team captain contacted Allure, an ], and requested two white strippers. However, the two women who had arrived, Mangum and Kim Mera Roberts (aka Kim Mera Pittman), were black and ] (half-black/half-Asian), respectively. Before arriving at the party, Mangum, by her own admission, had consumed alcohol and ] (a prescription ]).<ref>''Until Proven Innocent'', pg. 33</ref> Mangum and Roberts traveled to the party separately. Roberts drove herself and arrived first, and Mangum was later dropped off by a man.<ref name=cohan16>{{cite book |last=Cohan |first=William D. |date=2015 |title=The Price of Silence: The Duke Lacrosse Scandal, The Power of the Elite, and the Corruption of Our Great Universities |url=https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA16 |location=New York |publisher=Simon & Schuster |pages=16–17 |isbn=978-1-4516-8179-6 |access-date=May 11, 2015 |archive-date=March 10, 2021 |archive-url=https://web.archive.org/web/20210310203549/https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA16 |url-status=live }}</ref><ref name="WhatReallyHappened">{{cite news |last=Meadows |first=Amy |title=What Really Happened That Night at Duke |publisher=Newsweek |url=http://www.newsweek.com/id/35379 |date=April 22, 2007 |access-date=May 12, 2015 |archive-date=December 19, 2009 |archive-url=https://web.archive.org/web/20091219070206/http://www.newsweek.com/id/35379 |url-status=live }}</ref><ref name=fordhamsummary >{{cite journal |last=Mosteller |first=Robert P. |date=December 2007 |title=The Duke Lacrosse Case, Innocence, and False Identifications: A Fundamental Failure to "Do Justice" |url=http://fordhamlawreview.org/assets/pdfs/Vol_76/Mosteller_Vol_76_Dec.pdf |journal=Fordham Law Review |publisher=Fordham Univ. |volume=76 |issue=3 |pages=1342–45 |access-date=May 13, 2015 |archive-date=September 3, 2020 |archive-url=https://web.archive.org/web/20200903161015/http://fordhamlawreview.org/assets/pdfs/Vol_76/Mosteller_Vol_76_Dec.pdf |url-status=live }}</ref> | |||
===Upon arrival=== | |||
She alleges that upon arrival she was surrounded by about 40 men and racial slurs were made. She and the other dancer then allegedly attempted to leave because they felt uncomfortable, but when a player came out to apologize, they decided to return. She claims at that point that she was dragged into the bathroom where the assault then occurred. | |||
According to the team captains, while the strippers were dancing, a player asked if the women had any ]s. Roberts responded by asking if the player's penis was too small. The player brandished a broomstick and suggested that she "use this ". At this exchange, the women stopped their performance, and left the living room, shutting themselves in the main bathroom of the house. While the women were still in the bathroom, players Seligmann and Finnerty left the house. When the women eventually came out, Mangum began roaming around the yard, half-dressed and shouting.<ref name="WhatReallyHappened"/> | |||
===Departure=== | |||
Players then cite a dispute over money and the amount of time the two dancers were expected to perform as the reason for the dancers’ departure.<ref>. '']''. 27 April 2006.</ref> Tensions increased and shouting ensued on both sides, with at least one of the dancers and some players making racial slurs. | |||
According to Mangum, the women were coaxed back into the house with an apology, at which point they were separated. She asserts that she was dragged into a bathroom and ]d, beaten, and choked for a half hour.<ref name=":0">{{Cite news |url=https://www.cbsnews.com/news/second-duke-stripper-offers-account/ |title=Second Duke Stripper Offers Account |access-date=January 17, 2018 |archive-date=September 18, 2021 |archive-url=https://web.archive.org/web/20210918211108/https://www.cbsnews.com/news/second-duke-stripper-offers-account/ |url-status=live }}</ref> Later, police received a ] call from a woman complaining that white men had gathered outside of the house where the party took place, had called her racial slurs, and threatened to ] her with a broomstick.<ref name=":0"/> | |||
===Driving away=== | |||
The second dancer then drove away with Mangum. After the two women got into an argument, the second dancer pulled over her car to try to push Mangum out. Mangum told her, "Go ahead, put marks on me. That's what I want. Go ahead."<ref>. ''ABC News.'' 30 Oct 2006.</ref> Instead, the second dancer drove Mangum to ] and went inside to speak to a security guard at approximately 1 a.m., telling her that a woman refused to leave her car. At that time, the guard walked to the car and asked Mangum to leave, but she "couldn't talk at all ... She was out of it." No mention of the alleged assault or robbery took place, the guard recounted. She said that she did not smell alcohol on Mangum's breath, but thought she may have been high on drugs. At 1:22 a.m. the guard called 911 to report that Mangum refused to leave the car. Police then arrived, tried to remove Mangum from the car, and questioned her.<ref>Cuomo, Chris & Setrakian, Lara. . '']''. 17 April 2006.</ref> | |||
Some of the party attendees expressed displeasure that the strippers had delivered a very short performance, despite being paid several hundred dollars apiece to perform. The team captain who had hired the strippers tried to convince the women to go back inside and complete the performance. Both women returned inside, but upon being approached by the player who had earlier brandished the broomstick, again refused to perform, and once again locked themselves in the bathroom. By this point, a number of the party guests had left. House residents, including Evans, asked the remaining guests to leave because they were concerned that the noise would cause neighbors to complain to police. When the strippers left the bathroom, and the house, for the second time, a resident locked the door so they (and the guests who had left the house) could not return.<ref name=fordhamsummary/> | |||
===Mental health facility and hospital=== | |||
Mangum was then involuntarily committed to the Durham Access Center, a mental health and substance abuse facility, which is where she allegedly told somebody for the first time that she was raped.<ref>. ''The News & Observer.'' 31 August 2006.</ref><ref>. ''The Herald Sun.'' 1 Sept 2006.</ref> She was transferred to ] and received treatment for genital injuries which a doctor and nurse said were consistent with rape according to Mike Nifong's initial statements.<ref name="Piecing together what happened at the Duke lacrosse-team party">.''The Seattle Times''. 9 May 2006.</ref> | |||
However, more recent stories state that the findings from the medical exam are not consistent with rape.<ref>. ''The News & Observer.'' 6 August 2006.</ref><ref name="Defense Sources: Duke Accuser Gave Conflicting Stories About Alleged Rape">.'']''. 24 May 2006.</ref><ref>. 7 June 2006.</ref> The forensic nurse "did not find abrasions, tears or bleeding in the vaginal area...he did find swelling in the vaginal area along with tenderness in the accuser's breasts and lower right quadrant."<ref name="Defense Sources: Duke Accuser Gave Conflicting Stories About Alleged Rape">.'']''. 24 May 2006.</ref> In regards to blunt force trauma, the "medical records make no mention of ... wrote that the woman had two nonbleeding scratches on her right knee and a nonbleeding scratch on her right heel," which were there before the time of the alleged incident as evidenced from photographs.<ref name="Copsays">. ''The News & Observer.'' 27 August 2006.</ref> The nurse also noted diffuse swelling of the vagina and did not note any other injuries in the rest of the report. It has been reported that Mangum admitted to Durham police detective Benjamin Himan that she performed using a vibrator for a couple in a hotel room shortly before the lacrosse party, which the defense contends could account for the "diffuse swelling."<ref>. ''WCNC.com.'' 9 June 2006.</ref> | |||
Around 1:00{{spaces}}a.m., while attempting to leave the party, Mangum and Roberts called the partygoers "short dick white boys", and jeered about "how he couldn't get it on his own and had to pay for it".<ref>{{cite news |url=https://www.cbsnews.com/news/duke-rape-suspects-speak-out/ |title=Duke Rape Suspects Speak Out |last=Schorn |first=Daniel |date=October 11, 2006 |work=60 Minutes |publisher=CBS News |page=3 |access-date=October 9, 2010 |archive-date=August 18, 2010 |archive-url=https://web.archive.org/web/20100818160111/http://www.cbsnews.com/stories/2006/10/11/60minutes/main2082140_page3.shtml |url-status=live }}</ref> One player responded, "We asked for whites, not ]s." Mangum and Roberts departed in Roberts's car.<ref name="WhatReallyHappened"/><ref>{{cite news |url=http://www.theage.com.au/news/world/doubts-over-us-college-rape-case/2006/10/20/1160851137762.html |title=Doubts over US college rape case |last=Coultan |first=Mark |date=October 21, 2006 |work=] |access-date=September 11, 2010 |location=Melbourne |archive-date=February 8, 2018 |archive-url=https://web.archive.org/web/20180208043917/http://www.theage.com.au/news/world/doubts-over-us-college-rape-case/2006/10/20/1160851137762.html |url-status=live }}</ref> Roberts called 9-1-1 and reported that she had just come from 610 North Buchanan, and a "white guy" had yelled "nigger" at her from near the East Campus wall. The party ended shortly thereafter and everyone, including the residents, left the house. Police returned to the house later, as a result of Roberts' complaint, but did not receive an answer at the door; a neighbor confirmed that an earlier party had ended.<ref name=cohan22>{{cite book |last=Cohan |first=William D. |date=2015 |title=The Price of Silence: The Duke Lacrosse Scandal, The Power of the Elite, and the Corruption of Our Great Universities |url=https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA22 |location=New York |publisher=Simon & Schuster |pages=22–25 |isbn=978-1-4516-8179-6 |access-date=May 11, 2015 |archive-date=March 10, 2021 |archive-url=https://web.archive.org/web/20210310203202/https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA22 |url-status=live }}</ref> | |||
===McFadyen e-mail=== | |||
A couple of hours after the alleged incident, Ryan McFadyen, a member of the team, sent an email to other players saying that he planned to "have some strippers over" and made references to "killing the bitches," then cutting off their skin while ejaculating "in Duke-issue spandex." | |||
===After departure=== | |||
The e-mail was provided to Durham police by a confidential source who received the correspondence from the player's Duke e-mail account at 1:58 AM on ] ]. The players' defense attorney has called this a "vile" e-mail. The players suggest that the e-mail was conceived as humorous ]. Administrators say the email was an imitation of a character in the ] novel '']''. McFadyen was not indicted of any crime, but was suspended from the university due to safety concerns.<ref>. '']''. 5 April 2006.</ref> However, on ], ], the university reinstated him.<ref>. ''Associated Press.'' 29 July 2006.</ref> | |||
As Roberts drove away with Mangum, the two women began to argue. Roberts stopped the car and attempted to push Mangum out.<ref> {{webarchive |url=https://web.archive.org/web/20161127185458/https://abcnews.go.com/GMA/LegalCenter/story?id=2614634&page=1|date=November 27, 2016}}, abcnews.go.com, October 30, 2006.</ref> When that failed, Roberts drove Mangum to a nearby ] supermarket, went inside, and told a female security guard that a woman was refusing to leave her car. The guard walked to the car and asked Mangum to leave, but Mangum remained in the vehicle. The guard later said she had not smelled alcohol on Mangum's breath, but thought she might have been under the influence of other drugs. At 1:22{{spaces}}a.m., the guard called 9-1-1 to report that Mangum was refusing to leave a vehicle that did not belong to her. Police arrived, removed Mangum from the car, and questioned her.<ref>Cuomo, Chris & Lara Setrakian, {{webarchive |url=https://web.archive.org/web/20161114172220/https://abcnews.go.com/GMA/LegalCenter/story?id=1849938&page=1|date=November 14, 2016}} '']'', April 17, 2006.</ref> | |||
As Mangum had no identification, would not talk to police, was having difficulty walking, and seemed severely impaired, police took her to Durham Center Access, a mental-health and substance-abuse facility, for ]. During the admission process, she claimed that she had been raped prior to her arrival.<ref name=cohan22/><ref>"Defense motion seeks more reports in Duke lacrosse case", ''The News & Observer'', August 31, 2006.</ref> | |||
===Minute-by-minute list of events=== | |||
<!--The following is a verbatim transcript of the article and should not be changed!--> | |||
The Duke student newspaper, ], published this list of events. | |||
Mangum was transferred to ]. Examination of her skin, arms, and legs revealed no swelling, no abnormalities, and three small cuts on her right knee and right heel. When asked, she specifically, and repeatedly, denied receiving any physical blows by hands. Further examination showed no tenderness in the back, chest, and neck.<ref>Parrish, R.B. (2009) ''The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro'', p. 45; {{ISBN|1-4392-3590-2 }}</ref> There was, however, diffuse swelling of her vagina. Mangum later claimed that she had performed using a ], for a couple in a hotel room, shortly before the lacrosse team party. This activity, or a ], could have caused the swelling. Investigators did not note any other injuries in the rest of the report.<ref> {{webarchive |url=https://web.archive.org/web/20060520192134/http://seattletimes.nwsource.com/html/nationworld/2002981402_dukenight09.html|date=May 20, 2006}}, ''The Seattle Times'', May 20, 2006.</ref><ref name="show gaps">{{cite news |url=http://www.newsobserver.com/2006/08/06/44677_lacrosse-files-show-gaps-in-das.html |title=Lacrosse files show gaps in DA's case |publisher=News & Observer |date=August 6, 2006 |access-date=October 24, 2010 |archive-date=September 30, 2012 |archive-url=https://web.archive.org/web/20120930182930/http://www.newsobserver.com/2006/08/06/44677_lacrosse-files-show-gaps-in-das.html |url-status=dead }}</ref><ref>{{cite news |title=Defense Sources: Duke Accuser Gave Conflicting Stories About Alleged Rape |publisher=] |date=May 24, 2006 }}</ref><ref name="Copsays">{{cite news |url=http://www.newsobserver.com/2006/08/27/91873/cop-says-nurse-found-trauma-in.html#storylink=misearch |title=Cop says nurse found trauma in Duke case |publisher=News & Observer |date=August 27, 2006 |access-date=October 24, 2010 |archive-date=December 28, 2014 |archive-url=https://web.archive.org/web/20141228115347/http://www.newsobserver.com/2006/08/27/91873/cop-says-nurse-found-trauma-in.html#storylink=misearch |url-status=dead }}</ref><ref>{{cite news |first=Joseph |last=Neff |url=http://www.newsobserver.com/2007/04/18/49636/to-the-end-the-account-continues.html#storylink=misearch |title=To the end, the account continues to change |publisher=News & Observer |date=April 18, 2007 |access-date=October 24, 2010 |archive-date=December 28, 2014 |archive-url=https://web.archive.org/web/20141228110818/http://www.newsobserver.com/2007/04/18/49636/to-the-end-the-account-continues.html#storylink=misearch |url-status=dead }}</ref> | |||
''Timeline of March 13'' | |||
===McFadyen e-mail=== | |||
'''Based on several published reports, ''The Chronicle'' offers readers a timeline for the night of March 13 and the early morning of March 14.''' | |||
A couple of hours after the party ended, Ryan McFadyen, a member of the lacrosse team, sent an e-mail to other players saying that he planned to have some strippers over, kill them, and cut off their skin while wearing his Duke-issue spandex and ].<ref>{{cite web |url=http://www.thesmokinggun.com/documents/crime/duke-rape-case-e-mail-shocker |title=Duke Rape Case E-mail Shocker |date=April 5, 2006 |publisher=The Smoking Gun |access-date=December 31, 2010 |archive-date=August 16, 2021 |archive-url=https://web.archive.org/web/20210816175423/http://www.thesmokinggun.com/documents/crime/duke-rape-case-e-mail-shocker |url-status=live }}</ref> | |||
The e-mail began: | |||
'''11:30 p.m.''' - Approximate time, according to a Durham police warrant, of the two exotic dancers' arrival at 610 N. Buchanan Blvd. | |||
<blockquote>To whom it may concern, tomorrow night, after tonights show, ive decided to have some strippers over to edens 2c. all are welcome.. however there will be no nudity. I plan on killing the bitches as soon as the walk in and proceding {{sic}} to cut their skin off while cumming in my duke issue spandex . . all in besides arch and tack please respond<ref name="vanityfair.com"> {{webarchive |url=https://web.archive.org/web/20150109192650/http://www.vanityfair.com/society/2014/03/duke-lacrosse-rape-scandal-ryan-mcfadyen|date=January 9, 2015}}, vanityfair.com, March 2014; accessed November 22, 2014.</ref></blockquote> | |||
'''11:50 p.m.''' - Neighbor Jason Bissey told the Raleigh News and Observer that he saw two women walk to the back of the house, where they were greeted by a man. | |||
Some of the players suggested the e-mail was intended as humorous ]. Administrators asserted the e-mail was in imitation of ], the protagonist in the ] novel '']'', which was read and lectured upon in more than one Duke class, as evidenced by the e-mail responses from other players. One wrote, "I'll bring the ]," a reference to the ''American Psycho'' book and film. Police released the McFadyen e-mail but refused to release the following e-mail exchanges, leaving the impression that the McFadyen e-mail was intended as a serious threat. McFadyen thereafter received a thousand ]s in one week.<ref>Parrish, R. B. (2009) ''The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro'', pp. 159-61; {{ISBN|1-4392-3590-2}}.</ref> | |||
'''12:00 a.m.''' - Bissey sees the two women enter the house. | |||
The e-mail led many people to assume guilt on the part of the players.<ref name="vanityfair.com"/> McFadyen was not charged with any crime, but he was temporarily suspended from Duke, with the university citing safety concerns. He was invited back to Duke to continue his studies later that summer.<ref>{{cite news |agency=Associated Press |date=July 3, 2006 |title=Duke's McFadyen reinstated after sending e-mail |url=https://www.usatoday.com/sports/college/lacrosse/2006-06-30-duke-mcfadyen_x.htm |work=USA Today |access-date=November 22, 2014 |archive-date=December 31, 2010 |archive-url=https://web.archive.org/web/20101231112422/http://www.usatoday.com/sports/college/lacrosse/2006-06-30-duke-mcfadyen_x.htm |url-status=live }}</ref> | |||
'''12:02 a.m.''' - A time-stamped photo provided by defense attorneys shows women dancing in front of the lacrosse players. | |||
==Investigation and prosecution== | |||
'''12:03 a.m.''' - Another photo shows both dancers leaving the party. | |||
===Arrests and investigation timeline=== | |||
On March 14, 2006, the day after the party, the ] (DPD) began their investigation into the rape allegations by interviewing Mangum and searching 610 North Buchanan pursuant to a warrant. The three team captains who lived at the house, including Evans, voluntarily gave statements and DNA samples to police and offered to take ] tests. The police turned down the offer.<ref name="SelenaR033106">{{cite news |url=https://query.nytimes.com/gst/fullpage.html?res=9D04E0DC1230F932A05750C0A9609C8B63 |title=When Peer Pressure, Not a Conscience, Is Your Guide |work=The New York Times |first=Selena |last=Roberts |date=March 31, 2006 |quote=Correction: April 6, 2006, Thursday The Sports of The Times column on Friday, about the investigation involving a woman who said she had been raped by three players on the Duke University lacrosse team misstated the nature of the players' cooperation with the authorities. The police in Durham, N.C., said that although most team members had not voluntarily submitted to police interviews and DNA tests, the three residents of the house where the accuser said the incident occurred had done so. |access-date=December 10, 2013 |archive-date=November 12, 2017 |archive-url=https://web.archive.org/web/20171112022015/https://query.nytimes.com/gst/fullpage.html?res=9D04E0DC1230F932A05750C0A9609C8B63 |url-status=live }}</ref><ref name="WhatReallyHappened"/><ref name=cohan63>{{cite book |last=Cohan |first=William D. |date=2015 |title=The Price of Silence: The Duke Lacrosse Scandal, The Power of the Elite, and the Corruption of Our Great Universities |url=https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA16 |location=New York |publisher=Simon & Schuster |pages=63–68 |isbn=978-1-4516-8179-6 |access-date=May 11, 2015 |archive-date=March 10, 2021 |archive-url=https://web.archive.org/web/20210310203549/https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA16 |url-status=live }}</ref> | |||
The DPD made their investigation public on March 15, when Sgt. Mark Gottlieb, the police supervisor, posted on a digital community bulletin board that they were investigating the rape of a young woman by three males at 610 North Buchanan on March 13, and asking anyone in the area who saw or heard anything unusual to contact Investigator Benjamin Himan.<ref name=cohan63/> | |||
'''12:03 a.m.-12:30 a.m.''' - There is a 27-minute gap where no photos were taken. | |||
Between March 16 and 21, police showed Mangum ] in an attempt to have her identify her attackers. Each photo array contained photographs only of lacrosse team members. This did not follow the DPD's recommended policy of including photos of individuals not regarded as potential suspects (known as "fillers"). Mangum identified Seligmann as someone who attended the party, but not as an attacker, and did not identify Evans at all despite seeing his photo twice.<ref name="AGConclusions"> {{webarchive |url=https://web.archive.org/web/20160303225602/http://www.ncdoj.gov/getdoc/29748585-538e-43be-9de2-113628743d57/SummaryConclusions.aspx |date=March 3, 2016}}, North Carolina Attorney General's Office & North Carolina Department of Justice, online at ncdoj.gov, accessed May 13, 2015.</ref> | |||
'''12:07, 12:14 a.m.''' - Phone bills indicate two outgoing calls are made from sophomore Reade Seligmann's cell phone. Seligmann was arrested April 19 and charged with first degree forcible rape, first degree sexual offense and first degree kidnapping. | |||
On March 27, ] ] ] received his first briefing on the case from Gottlieb and Himan. Within a few hours of receiving the briefing, Nifong made his first public statement on the case. Over the following week, Nifong by his own estimate gave fifty to seventy interviews and devoted more than forty hours to reporters. After that he continued to make statements, albeit less frequently. Many of these statements concerned the team members' alleged failure or refusal to provide information to law enforcement authorities, their invocation of their constitutional rights, or consisted of Nifong's own opinions that a crime had occurred, that it was ], and that one or more lacrosse players were guilty.<ref name=fordhamnifong1 >{{cite journal |last=Mosteller |first=Robert P. |date=December 2007 |title=The Duke Lacrosse Case, Innocence, and False Identifications: A Fundamental Failure to "Do Justice" |url=http://fordhamlawreview.org/assets/pdfs/Vol_76/Mosteller_Vol_76_Dec.pdf |journal=Fordham Law Review |publisher=Fordham Univ. |volume=76 |issue=3 |pages=1348–51 |access-date=May 13, 2015 |archive-date=September 3, 2020 |archive-url=https://web.archive.org/web/20200903161015/http://fordhamlawreview.org/assets/pdfs/Vol_76/Mosteller_Vol_76_Dec.pdf |url-status=live }}</ref> | |||
'''Sometime before 12:24 a.m.''' - A taxi driver has said in a written statement that he picked up Seligmann and a friend a block and a half away from the party. | |||
Mangum was shown another photo array containing only photos of the 46 white lacrosse team members, including members who had not attended the party. There were no fillers included. The photos were shown to Mangum as a ], with each photo projected individually to her, rather than the pictures being arrayed together. For the first time, Mangum identified photos of Seligmann, Evans, and Finnerty as her attackers. She also identified at least one other photo as being a player who was present at the party; further investigation showed he had not been there.<ref name=AGConclusions/> | |||
'''12:24 a.m.''' - Seligmann's ATM card is used at a Wachovia bank. The taxi driver confirmed that he drove Seligmann and his friend to a bank and fast food restaurant before taking them to West Campus. | |||
On April 10, an attorney retained by one of the lacrosse players stated that time-stamped photographs existed which showed that Mangum was already injured when she arrived at the party, and was visibly impaired.<ref>, '']'', April 10, 2006.</ref> Players' attorneys announced that DNA testing by the North Carolina state crime lab had failed to connect any members of the Duke men's lacrosse team to the alleged rape.<ref name=espn41102>, '']'', April 11, 2006.</ref> | |||
'''12:25 a.m.''' - Seligmann calls his girlfriend, another Duke sophomore, on his cell phone. | |||
Seligmann and Finnerty were ] and indicted on April 18 on charges of first degree forcible rape, first degree ] and ].<ref> {{webarchive |url=https://web.archive.org/web/20161024125905/http://news.findlaw.com/hdocs/docs/duke/ncduke41706ind.html|date=October 24, 2016}}, findlaw.com, April 17, 2006.</ref><ref>Chen, Saidi. {{webarchive |url=https://web.archive.org/web/20070210142928/http://media.www.dukechronicle.com/media/storage/paper884/news/2006/04/21/News/Lawyer.Claims.Player.Has.Alibi-1865481.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com|date=February 10, 2007}}, ], April 21, 2006.</ref><ref>{{cite news |author1=Nesbitt, Jim |author2=Barrett, Barbara |title=Seligmann's backers say he 'is not a nasty player' |newspaper=News & Observer |date=April 19, 2006 |url=http://www.newsobserver.com/122/story/430109.html |archive-url=https://web.archive.org/web/20070418093207/http://www.newsobserver.com/122/story/430109.html |url-status=dead |archive-date=April 18, 2007 |access-date=May 10, 2015 }}</ref><ref> {{webarchive |url=https://web.archive.org/web/20120317125649/http://www.usatoday.com/sports/college/lacrosse/2006-04-19-duke-cover_x.htm|date=March 17, 2012}}, usatoday.com, April 19, 2006.</ref> The same day, ] were executed on Finnerty and Seligmann's dorm rooms.<ref> {{webarchive |url=https://web.archive.org/web/20161024125938/http://news.findlaw.com/hdocs/docs/duke/ncduke41806sw.html|date=October 24, 2016}}, FindLaw.com, April 18, 2006.</ref> Seligmann reportedly told multiple teammates, "I'm glad they picked me", alluding to a solid ] in the form of ATM records, photographs, cell phone records, an ] from a taxi driver, and a record of his DukeCard being swiped at his dorm.<ref name="The Damage Done">Price, S.L. & Farrell Evans. "The Damage Done", ''The Augusta Chronicle'', June 26, 2006.</ref><ref>Cuomo, C., Avram, E. & Setrakian, L. | |||
'''12:20 a.m.-12:30 a.m.''' - Bissey told the Durham Herald-Sun he saw the women leave the house during this period, only to try to go back inside to retrieve a missing shoe. | |||
{{webarchive |url=https://web.archive.org/web/20161114223710/https://abcnews.go.com/GMA/LegalCenter/story?id=1858806&page=1|date=November 14, 2016}}, '']'', April 19, 2006.</ref> | |||
DNA Security Inc. (DSI), a private company engaged by Nifong to perform a second round of DNA testing, produced an incomplete<ref name=yaffe121106>Yaffe, Andrew. {{webarchive |url=https://web.archive.org/web/20150510062323/http://www.dukechronicle.com/articles/2006/12/11/lab-director-withheld-dna-information#.VU9bzPlViko|date=May 10, 2015}} ''The Chronicle'' December 15, 2006.</ref> report. It contained an analysis of DNA found on false fingernails discarded by Mangum in the bathroom trash bin, and concluded that 2% of the male population, including Evans, could not be excluded from a match with the fingernail DNA.<ref name="Taylor&Johnson">{{cite book |author-link1=Stuart Taylor Jr. |author1=Taylor, Stuart |author-link2=KC Johnson |author2=Johnson, K. C. |year=2007 |title=Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case |publisher=St. Martin's Press |place=New York |page=221 |isbn=978-0-312-36912-5 }}</ref> DSI director Brian Meehan later testified that, pursuant to an agreement with Nifong, he had deliberately withheld information from the lab's report.<ref name=yaffe121106/> | |||
'''12:30 a.m.''' - A time-stamped photo shows the accuser, wearing only one shoe, rifling through her purse and apparently smiling on the back porch of 610 N. Buchanan Blvd. | |||
On May 15, 2006, former team captain and 2006 Duke graduate Evans<ref>Duke's 2006 Commencement had been held on the preceding day, May 14, 2006. Kopty, Yazan, , {{webarchive |url=https://web.archive.org/web/20160828225836/https://today.duke.edu/2006/05/kopty_speech.html|date=August 28, 2016}} ''Duke Today'', May 15, 2006, online at today.duke.edu, accessed May 13, 2015.</ref> was also indicted on charges of first-degree forcible rape, sexual offense and kidnapping. Just before turning himself in at the Durham County Detention Center, he publicly declared his innocence and his expectation of being cleared of the charges within weeks.<ref> {{webarchive |url=https://web.archive.org/web/20161024125905/http://news.findlaw.com/hdocs/docs/duke/ncduke41706ind.html|date=October 24, 2016}} FindLaw, April 17, 2006.</ref><ref> {{webarchive |url=https://web.archive.org/web/20161024125938/http://news.findlaw.com/hdocs/docs/duke/ncduke41806sw.html|date=October 24, 2016}}, FindLaw.com, April 18, 2006.</ref><ref>{{Cite web |url=https://www.npr.org/2006/04/18/5348321/duke-lacrosse-players-arrested-on-rape-charges |archive-url=https://web.archive.org/web/20160304001432/http://www.npr.org/templates/story/story.php?storyId=5348321 |url-status=dead |title=Duke Lacrosse Players Arrested on Rape Charges |date=April 18, 2006 |archive-date=March 4, 2016 |via=NPR }}</ref><ref> {{webarchive |url=https://web.archive.org/web/20161005143336/http://transcripts.cnn.com/TRANSCRIPTS/0604/11/lkl.01.html|date=October 5, 2016}}, transcripts.cnn.com, April 11, 2006</ref> | |||
'''12:37 a.m.''' - A photo shows the woman lying on her side on the porch, apparently passed out. | |||
Court documents revealed that Roberts, in her initial statement, had said she was with Mangum the entire evening except for a period of less than five minutes. After hearing Mangum claim she was sexually assaulted, Roberts called those claims "a crock".<ref>Neff, Joseph. , '']''. June 8, 2006.</ref> | |||
'''12:41 a.m.''' - A photo shows the woman sitting in the passenger seat of a car with the door open. | |||
On December 22, 2006, Nifong dropped the rape charges against all three lacrosse players after Mangum told an investigator a different version of events and said she was no longer sure about some aspects of her original story. The kidnapping and sexual offense charges were still pending against all three players.<ref>Beard, Aaron, , {{webarchive |url=https://web.archive.org/web/20160601033010/http://www.washingtonpost.com/wp-dyn/content/article/2006/12/22/AR2006122200591.html|date=June 1, 2016}} WashingtonPost.com, December 23, 2006; accessed May 12, 2015.</ref> | |||
'''12:45 a.m.-1:00 a.m.''' - Bissey said he saw the two dancers leave in a car sometime during this time period. He said he saw one man standing adjacent to the East Campus wall, shout "Thank your grandpa for my nice cotton shirt." He added that he saw the players leave the residence shortly thereafter | |||
On December 28, 2006, the North Carolina bar filed ethics charges against Nifong over his conduct in the case, accusing him of making public statements that were prejudicial to the administration of justice and heightened public condemnation of the accused, and of engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. The 17-page document accused Nifong of violating four rules of professional conduct, listing more than 100 examples of statements he made to the media.<ref name=fordhamnifong1/><ref> {{webarchive |url=https://web.archive.org/web/20070111185627/http://www.wral-tv.com/news/local/story/1120129|date=January 11, 2007}}, WRAL.com, December 28, 2006.</ref> | |||
'''12:46 a.m.''' - Seligmann's DukeCard is used to gain access to his Edens dormitory. | |||
On January 12, 2007, Nifong sent a letter to North Carolina Attorney General ] asking to be taken off the case.<ref>{{cite news |url=https://abcnews.go.com/US/LegalCenter/story?id=2791514 |title=DA in Duke Rape Case Asks to Be Taken off Case |work=ABC News |date=January 12, 2007 |first=Lara |last=Setrakian |access-date=April 1, 2007 |archive-date=August 30, 2021 |archive-url=https://web.archive.org/web/20210830235402/https://abcnews.go.com/US/LegalCenter/story?id=2791514 |url-status=live }}</ref> The following day, January 13, Cooper announced that his office would take over the case.<ref>{{cite news |url=https://www.npr.org/templates/story/story.php?storyId=6851890 |title=State AG to Take Control of Duke Lacrosse Case |publisher=NPR |date=January 13, 2007 |first=Adam |last=Hochberg |access-date=May 13, 2015 |archive-date=March 10, 2021 |archive-url=https://web.archive.org/web/20210310202925/https://www.npr.org/templates/story/story.php?storyId=6851890 |url-status=live }}</ref> | |||
'''12:53 a.m.''' - The second dancer calls 911, saying white men who came out of 610 N. Buchanan yelled "nigger" at her from near the East Campus wall. Defense attorneys have questioned inconsistencies in the call - the caller first said she was driving, and later said she was walking when the slur was yelled. | |||
On January 24, 2007, the North Carolina State Bar filed a second round of ethics charges against Nifong for a systematic abuse of prosecutorial discretion that was prejudicial to the administration of justice by his withheld DNA evidence to mislead the court.<ref>{{cite news |url=http://www.foxnews.com/story/0,2933,246281,00.html |title=Former Duke Lacrosse 'Rape' Prosecutor Charged With Withholding Evidence, Misleading Court |publisher=FOXNews.com |date=January 24, 2007 |access-date=December 24, 2009 |archive-date=October 23, 2012 |archive-url=https://web.archive.org/web/20121023222845/http://www.foxnews.com/story/0,2933,246281,00.html |url-status=live }}</ref> | |||
'''12:55 a.m.''' - Durham Police Department officers arrive at a quiet 610 N. Buchanan Blvd. They saw there was evidence of a party, but nobody answered the door when the officers arrived. | |||
On March 23, 2007, Justin Paul Caulfield, a legal analyst for the sports magazine ''Inside Lacrosse'', stated on Fox News that the charges against Evans, Finnerty, and Seligmann would soon be dropped.<ref>{{cite news |url=http://johnsville.blogspot.com/2007/03/dukenifongcooper69-days-hoax.html |title=Breaking News? No Surprise Here |publisher=The Johnsville News |date=March 23, 2007 |access-date=March 15, 2011 |archive-url=https://web.archive.org/web/20210818142647/http://johnsville.blogspot.com/2007/03/dukenifongcooper69-days-hoax.html |archive-date=August 18, 2021 |url-status=live }}</ref> While the North Carolina Attorney General's Office first disputed the report, on April 11, 2007, it announced that it had dismissed all charges against the three lacrosse players.<ref>{{cite news |title=Charges Dropped In Duke Lacrosse Case |date=April 11, 2007 }}</ref> | |||
'''1:22 a.m.''' - A female grocery clerk at a Kroger located on Hillsborough Road calls 911, saying "There's a lady in someone else's car, and she will not get out.... She's like, intoxicated, drunk or something." According to ABC News, the clerk later told a private investigator that, based on her encounter with the dancer that night. "There ain't no way she was raped." | |||
Cooper also took the unusual step of declaring the accused players innocent. He announced that Mangum would not be prosecuted, stating that investigators and attorneys who had interviewed her thought "she may actually believe the many different stories that she has been telling ... it's in the best interest of justice not to bring charges".<ref>{{cite news |url=http://edition.cnn.com/2007/LAW/04/11/cooper.transcript |title=NC attorney general: Duke players "innocent" |publisher=Edition.cnn.com |access-date=April 16, 2010 |url-status=live |archive-url=https://web.archive.org/web/20210512214810/https://edition.cnn.com/2007/LAW/04/11/cooper.transcript/ |archive-date=May 12, 2021 }}</ref> | |||
'''1:30 a.m.''' - The police officer who came to respond to the Kroger call tells a dispatcher that the accuser does not need medical attention, adding, "She's not in distress. She's just passed-out drunk." | |||
On April 12, 2007, the attorney general, in declaring Seligmann, Finnerty, and Evans innocent, described Nifong as a "rogue prosecutor".<ref>{{cite news |title=Nifong Criticizes AG Cooper In Statement |work=Raleigh Chronicle |date=April 12, 2007 }}</ref><ref> {{webarchive |url=https://web.archive.org/web/20080124212418/http://www.sfgate.com/cgi-bin/article.cgi?f=%2Fc%2Fa%2F2006%2F12%2F24%2FMNGDTN5CEO1.DTL|date=January 24, 2008}}, '']''</ref><ref>{{Cite web |url=https://www.wral.com/news/local/story/1459913/ |title=Embattled Nifong Says He'll Resign |archive-url=https://web.archive.org/web/20160530035147/http://www.wral.com/news/local/story/1459913 |url-status=dead |date=June 15, 2007 |archive-date=May 30, 2016 |website=WRAL.com }}</ref> | |||
'''1:58 a.m.''' - An e-mail sent from the Duke account of sophomore lacrosse player Ryan McFadyen discusses hiring strippers and "killing the bitches." | |||
===DNA tests=== | |||
''The timeline was compiled by Jared Mueller and Tiffany Webber using information provided by ABC News, NBC 17 News, the Durham Herald-Sun, The Raleigh News & Observer and The New York Times.'' <ref>Webber, Tiffany & Mueller, Jared. . ]. 20 Apr. 2006: pg 5. | |||
Shortly after the party, the prosecution ordered 46 of the 47 lacrosse team members to provide DNA samples, although some members had not attended the event. The sole black member of the team was exempt because Mangum had stated that her attackers were white. On April 10, 2006, the district attorney announced that DNA testing by the state crime lab did not connect any of the 46 tested team members to the alleged rape.<ref name=espn41102/> | |||
Picture of the Duke Chronicle article. (Text is not available).</ref> | |||
After the initial tests by the state crime lab, prosecutor Nifong sought the services of a private laboratory, DNA Security, Inc. (aka DSI), of ], to conduct additional tests. DNA from multiple unidentified males had been found in forensic evidence from Mangum and upon the rape kit items that had been tested, but none matched any of the lacrosse players.<ref>{{cite news |first=Laura |last=Parker |title=Disbarment may not be end for Nifong |url=https://www.usatoday.com/news/nation/2007-06-17-nifong_N.htm?csp=34 |work=USA Today |date=June 19, 2007 |access-date=October 26, 2007 |archive-date=October 16, 2011 |archive-url=https://web.archive.org/web/20111016055529/http://www.usatoday.com/news/nation/2007-06-17-nifong_N.htm?csp=34 |url-status=live }}</ref> Nifong falsely represented to the court and the public that DNA had been found only from a single male source, Mangum's boyfriend.<ref name="2nd_DNA_Test">{{cite news |first=Aaron |last=Beard |url=https://www.usatoday.com/sports/college/lacrosse/2006-05-12-duke-lacrosse-dna_x.htm |title=Defense attorney: 2nd DNA test shows no conclusive match |agency=Associated Press |date=May 12, 2006 |work=USA Today |access-date=August 26, 2017 |archive-date=August 20, 2007 |archive-url=https://web.archive.org/web/20070820191101/http://www.usatoday.com/sports/college/lacrosse/2006-05-12-duke-lacrosse-dna_x.htm |url-status=live }}</ref><ref>{{cite news |title=Duke Lacrosse Player: 'I'm Absolutely Innocent' |publisher=] |date=May 16, 2006 }}</ref> | |||
==DNA tests== | |||
The prosecution then ordered 46 of the 47 team members to provide DNA samples (the lone black member was exempt since Mangum had stated that her attackers were white), though some members were absent from the party. On Monday, ], ], it was revealed that DNA testing failed to connect any of the 46 tested members of the Duke University men's lacrosse team to the alleged sexual assault.<ref>. '']''. 11 April 2006.</ref> After the initial rounds of testing done by the state crime lab were completed, the district attorney sought the services of a private laboratory (DNA Security of Burlington) to conduct additional tests. In this case, there was some DNA found inside the accuser from "a single male source", proving that she did have sex with someone.<ref name="2nd_DNA_Test">Beard, Aaron. . '']''. 12 May 2006</ref> It has been reported that this DNA was from her boyfriend. <ref>. '']''. 14 May 2006.</ref> <ref>. '']''. 16 May 2006.</ref><ref>Beard, Aaron. . '']''. 18 May 2006.</ref> | |||
In a motion made on December 15, 2006, defense attorneys argued that the DNA analysis report written by DSI and provided to them by Nifong's office was incomplete, because it omitted information showing that none of the genetic material from several men found on Mangum matched any DNA sample from the lacrosse team. Brian Meehan, the director of DSI who wrote the misleading report, testified that his lab did not try to withhold information, but acknowledged that the decision not to release the full report violated the lab's policies. Meehan testified that after discussions with Nifong, he decided to withhold the names of the persons excluded by the DNA testing (all 46 tested members of the lacrosse team) to protect the privacy of players not implicated in the case. But two players (Seligmann and Finnerty) had already been indicted for rape more than three weeks prior to the release date of the report.<ref name=yaffe121106/><ref name="Paternity"> {{webarchive |url=https://web.archive.org/web/20061217134251/http://www.wral.com/news/local/story/1107841|date=December 17, 2006}}, WRAL.com, December 15, 2006.</ref> Meehan was later fired in October 2007 based on his actions in this case.<ref>{{cite news |last1=Waggoner |first1=Martha |title=Appeals court finds firing OK in Duke lacrosse case |url=http://www.newsobserver.com/2011/08/03/1386821/appeals-court-finds-firing-ok.html |access-date=February 19, 2015 |work=The News & Observer |date=August 3, 2011 |archive-date=February 20, 2015 |archive-url=https://web.archive.org/web/20150220024750/http://www.newsobserver.com/2011/08/03/1386821/appeals-court-finds-firing-ok.html |url-status=dead }}</ref> | |||
On ], ], defense attorneys filed court papers stating that the private lab "found DNA from multiple males in the accuser's body - but none that belonged to the accused players."<ref>. ''FoxNews.'' 13 December 2006.</ref><ref>. '']''. 13 December 2006</ref> The tests from the private laboratory alone cost taxpayers almost $23,000.<ref>. ''ESPN.'' 7 June 2006.</ref> | |||
DNA was also taken from all surfaces of three of Mangum's false fingernails retrieved from the trash in the party house bathroom (widely but inaccurately reported as DNA taken only from the "underside" of a single fingernail). According to DNA Security, the fingernail DNA showed some characteristics similar to Evans's DNA. However, the match was not conclusive, as 2% of the male population (including Evans) could not be excluded based on the sample.<ref name="Taylor&Johnson"/><ref> {{webarchive |url=https://web.archive.org/web/20071121222533/http://www.pittsburghlive.com/x/pittsburghtrib/sports/penguinslive/s_453128.html|date=November 21, 2007}}, ''] and the ]'' May 12, 2006.</ref> In addition, because Evans lived in the house, defense attorneys contended that any DNA present might have come from the tissue paper, cotton swabs, or other hygiene-related trash that had been in the garbage can along with the fingernail. This was confirmed later by Attorney General Cooper's investigation: "to the extent that Evans's DNA could not be excluded, the SBI experts confirmed that the DNA could easily have been transferred to the fingernails from other materials in the trash can".<ref name="AGConclusions"/> | |||
On ], ], defense attorneys argued in a motion that the DNA report given to Nifong's office (and thus what the defense attorneys received) was incomplete, omitting information that "showed DNA samples from several men on the woman and her underwear, but none of the genetic material matched any of the players." The director of the DNA lab, Brian Meeham, acknowledged that the decision violated the lab's policies, but stated that "his lab didn't try to withhold information."<ref name="Case worsens">. ''LA Times.'' 16 December 2006.</ref><ref name="Paternity">. ''WRAL.com.'' 15 December 2006.</ref> Rather, he decided to withhold the exculpatory DNA evidence after discussing it with Mike Nifong in an attempt to "not drag anyone else through the mud."<ref>. ''The Chronicle.'' 15 December 2006.</ref> When defense attorneys asked Meeham how releasing DNA results that cleared all 46 players would be a violation of their privacy, "Meehan fumbled for an answer as Nifong sat with his head lowered, staring at documents."<ref name="Case worsens">. ''Los Angeles Times.'' 16 December 2006.</ref> When asked if Nifong and other prosecutors knew that the DNA testing proved that the defendants were not the source of DNA found on the accuser, Meehan said, "I assume so."<ref name="Case worsens">. ''Los Angeles Times.'' 16 December 2006.</ref> | |||
Nifong contended that lack of DNA evidence is not unusual and that 75–80% of all ] cases lack DNA evidence. Rape victims often delay reporting by days or weeks, inadvertently destroying DNA evidence. However, in this case, Mangum had a rape-kit exam administered only hours after the end of the party, so experts believed that it was unlikely that there ever had been DNA evidence implicating any player.<ref>Spilbor, Jonna. {{webarchive |url=https://web.archive.org/web/20160429002936/http://writ.news.findlaw.com/commentary/20060414_spilbor.html|date=April 29, 2016}}, FindLaw.com, April 14, 2006.</ref> | |||
DNA from a broken fake fingernail from Mangum, which was retrieved from the trash in the bathroom, showed some "similar characteristics" to David Evans according to the private laboratory, but the match was not conclusive.<ref>. ''] and the ]''. 12 May 2006.</ref> Defense attorneys have suggested that any DNA present may have come from the tissue paper, cotton swabs or other hygiene-related trash that had been in the garbage can along with the fingernail, since David Evans lived in the house. The DA has stated that the lack of DNA is not unusual and that 75-80% of all ] cases lack DNA evidence.<ref name="2nd_DNA_Test"/> | |||
Nifong was tried for ethics violations on June 14, 2007. That day, the complete DNA findings were revealed during defense attorney Brad Bannon's testimony.{{Citation needed|date=July 2024|reason=the citation below says nothing about defense counsel Bannon's testimony (which ought to be explained, as counsel does not usually take the stand)}} According to conservative estimates, the lab had discovered at least two unidentified males' DNA in Mangum's pubic region; at least two unidentified males' DNA in her rectum; at least four to five unidentified males' DNA on her underpants; and at least one identified male's DNA in her vagina.<ref name="Y-Str"> {{webarchive |url=https://web.archive.org/web/20160303222358/http://bp1.blogger.com/_k_8jgSqqBEw/RnG7LUtFURI/AAAAAAAAAAU/nPzwO3xy2QI/s1600-h/Rape+Kit+Spreadsheet-001.jpg|date=March 3, 2016}}; retrieved June 14, 2007.</ref> | |||
The reason that most rape cases lack DNA is that the majority of rape victims do not immediately go to the hospital for the rape exam. Instead, they wash away most or all of the DNA evidence over the days, weeks, or months before they contact authorities. In this case, Mangum had an administered rape kit exam only hours after the alleged attack, so the absence of DNA is considered unlikely by many legal experts.<ref>Spilbor, Jonna. . ''FindLaw.'' 14 April 2006.</ref> | |||
===Finnerty previous incident=== | |||
==Arrests and indictments== | |||
In November 2005, Finnerty and two of his ] lacrosse teammates were charged with misdemeanor simple assault in Washington, D.C., following an altercation with a Washington man outside a ] bar.<ref name="nytmacur">Macur, Juliet. , {{webarchive |url=https://web.archive.org/web/20160115213530/http://www.nytimes.com/2006/04/05/sports/othersports/05duke.html?_r=0|date=January 15, 2016}} ''The New York Times'', April 5, 2006.</ref> Finnerty was accused of threatening and taunting the man.<ref name=fincleared>Niolet, Benjamin. "Finnerty's D.C. Record To Be Cleared", ''News & Observer'', January 9, 2007, archived </ref> | |||
On ], ], two members of the lacrosse team, Collin Finnerty (20) and Reade Seligmann (20), were arrested and indicted on charges<ref>. '']''. 17 April 2006.</ref> of first degree forcible rape, first degree sexual offense and kidnapping.<ref>Chen, Saidi. . ]. 21 April 2006.</ref> | |||
Although the man alleged that Finnerty had pushed and threatened him, the man was punched by a third party (a friend of Finnerty), who admitted to the punch.<ref name=cbsfinnerty>Striker, Clarissa. , {{webarchive |url=https://web.archive.org/web/20160314221247/http://www.cbsnews.com/news/duke-lacrosse-player-gets-probation|date=March 14, 2016}} CBSnews.com, July 11, 2006; retrieved May 10, 2015.</ref> Witnesses later testified that Finnerty had been hit in the head by a friend of the alleged victim.<ref>Barrett, Barbara. , {{webarchive |url=https://web.archive.org/web/20150518095242/http://www.mcclatchydc.com/2006/07/10/14200/dc-jury-hears-duke-lacrosse-players.html|date=May 18, 2015}} McClatchy News Services, Mcclatchydc.com, July 10, 2006; retrieved May 10, 2015.</ref> Although the man alleged that Finnerty and his companions had called him "gay" (among other derogatory names),<ref name="nytmacur"/> the incident was not prosecuted as a hate crime. Finnerty was initially accepted into a diversion program for first offenders, allowing for the simple assault charge to be dismissed upon his completion of community service.<ref name=nytmacur/> | |||
On ], ], a third Duke lacrosse team player, Senior and Team Captain David Evans, was indicted on charges of first-degree forcible rape, sexual offense and kidnapping.<ref>Baker, Mike. . '']''. 15 May 2006.</ref> Just before turning himself in at the Durham County Detention Center, he made a public statement declaring his innocence and his expectation of exoneration within weeks. | |||
But, after Finnerty was charged in Durham, the Washington, D.C., prosecutor cancelled his diversion agreement and proceeded to trial on the assault charge. | |||
On ], ], prosecutors in the case dropped the rape charges against the three indicted players.<ref>. ''Herald-Sun.'' 22 December 2006.</ref> Charges of kidnapping and sexual assault remain. | |||
Finnerty was convicted and sentenced to six months' probation. Afterward, he was repeatedly threatened by Judge John H. Bayly, Jr., with confinement. Once after an anonymous blog post falsely accused him of violating an order that prohibited him from being in Georgetown; and again after he was absent from home and missed an obligatory curfew in order to be in Durham to work on his defense there. But he had cleared this absence with the judge.<ref>{{cite book |last1=Taylor Jr. |first1=KC |last2=Johnson |first2=Stuart |date=2018 |title=Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case |isbn=9780312384869 |chapter=Chapter 17 |publisher=Macmillan |chapter-url=https://books.google.com/books?id=l-Cm2gE7gYsC&pg=PT342 |access-date=October 2, 2020 |archive-date=July 5, 2024 |archive-url=https://web.archive.org/web/20240705201030/https://books.google.com/books?id=l-Cm2gE7gYsC&pg=PT342#v=onepage&q&f=false |url-status=live }}</ref> According to R. B. Parrish, this treatment was similar to attempts by the government to pressure witnesses to testify in a certain manner.<ref>Parrish, R. B. (2009) ''The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro'', pp. 162–70; {{ISBN|1-4392-3590-2 }}</ref> On December 28, 2006, shortly after the Durham rape charges against Finnerty were dropped, Judge Bayly ended Finnerty's probation. | |||
Collin Finnerty has previously been charged with assaulting a man in Washington DC and shouting anti-gay epithets at him. The victim was not actually gay. He pleaded guilty and agreed to community service in November 2005 as part of a diversion program. Finnerty will stand trial for the previous assault because the judge decided that he violated the conditions of the program by being arrested again.<ref>. '']''. 25 April 2006.</ref> Reade Seligmann was one of five ] alumni on the lacrosse team.<ref>. ''News & Observer.'' 19 April 2006.</ref><ref>. ''USA Today.'' 19 April 2006.</ref> Seligmann reportedly told teammates, "I'm glad they picked me" after being indicted - possibly alluding to what he believes is a solid alibi in the form of ATM records, photographs, cell phone records, an affidavit from a taxi driver, and a record of his DukeCard being swiped at his dorm.<ref>Price, S.L, and Evans, Farrell. . ''The Augusta Chronicle.'' 26 June 2006.</ref> Dave Evans, a graduate of the ] in ], has two violations on his record: a noise violation and an open container of alcohol violation. | |||
In January 2007, Finnerty's assault conviction was vacated by an order signed by Bayly and his record was cleared.<ref>Mallia, Joseph, and Melanie Lefkowitz. {{webarchive |url=https://web.archive.org/web/20160826053559/http://www.newsday.com/long-island/nassau/collin-finnerty-once-falsely-accused-graduates-from-college-1.1937697|date=August 26, 2016}}, Newsday.com, May 23, 2010; retrieved May 10, 2015.</ref> | |||
==Developments in the case== | |||
On ], ], defense attorneys stated that time-stamped photographs exist that show the dancer was injured upon arrival and "very impaired." <ref>. '']''. 10 April 2006.</ref> The photos were later aired on ]. On ], ] were executed on Finnerty and Seligmann's dorm rooms.<ref> . 18 April 2006.</ref> Items seized include an ] and other computer materials that investigators listed in their warrant application.<ref></ref> | |||
==Defense and media questioning== | |||
On ], ], ] reported on the existence of evidence placing Seligmann away from the party near the time of the alleged incident. In a written statement, a taxi driver claimed that he picked up Seligmann and another person a block and a half from the party, then drove his passengers to a ] bank. An ] receipt confirms that Seligmann's card was used to make a withdrawal at 12:24 a.m. Cellular phone records indicate that Seligmann's phone was used to make a phone call to his out-of-state girlfriend one minute later. The taxi driver's statement claims that he next drove Seligmann and his other passenger to a fast food restaurant, where they placed an order, and that he then dropped them off at a Duke University dorm. Electronic records indicate that Seligmann's school ID card was used to gain entry to his dorm at 12:46 a.m. ABC News estimated that Seligmann would have needed to leave the party by 12:19 a.m. in order to meet the taxicab. If the time stamps on photographs from the party are accurate, this would mean that he and the accuser were simultaneously present at the party for no more than twenty minutes. <ref>Cuomo, Chris, Avram, Eric, & Setrakian, Lara. | |||
===Credibility of Crystal Mangum as accuser=== | |||
. '']''. 19 April 2006.</ref> | |||
====Possible intoxication and mental state==== | |||
Lawyers for the Duke lacrosse players have said that Mangum was intoxicated with alcohol and possibly other drugs on the night of the party.<ref> {{webarchive |url=https://web.archive.org/web/20160303202354/https://abcnews.go.com/GMA/story?id=1859737&page=1|date=March 3, 2016}}, '']'', April 19, 2006.</ref> By the accuser's own admission to police, she had taken prescription ] and drank "one or two large-size beers" before she went to the party.<ref>{{Cite web |url=https://www.wral.com/news/local/story/1092027/ |archive-url=https://web.archive.org/web/20160530035118/http://www.wral.com/news/local/story/1092027 |url-status=dead |title=Report: Police Notes Bolster Prosecution Of Duke Lacrosse Case |date=August 25, 2006 |archive-date=May 30, 2016 |website=WRAL.com }}</ref> | |||
The Attorney General's office later noted that Mangum had taken ], ], ], and ], although when she began taking these medications is uncertain.<ref name="AGConclusions"/> She had a long history of mental problems and reportedly was diagnosed with ].<ref name="conflict">{{cite news |author=Jarvis, Craig |url=http://www.newsobserver.com/2007/04/13/44070/mangums-life-conflict-contradictions.html |title=Mangum's life: conflict, contradictions |work=News and Observer |date=April 13, 2007 |url-status=dead |archive-url=https://web.archive.org/web/20111117162251/http://www.newsobserver.com/2007/04/13/44070/mangums-life-conflict-contradictions.html |archive-date=November 17, 2011 }}</ref> | |||
On ], ], court documents revealed that the second dancer, in her initial statement, said she was with the accuser the entire evening except for a period of less than five minutes. Additionally, after hearing the accuser saying she was sexually assaulted, she called that statement a "crock." Furthermore, in the same court filing, lawyers wrote in a sworn statement that the accuser told the nurse "that she was not choked; that no condoms, fingers or foreign objects were used during the sexual assault." The court filing also said, "The nurse noted that the accuser's arms, legs, head, neck, nose, throat, mouth, chest, breasts and abdomen were all normal." Both prosecutors and police have told the media that "the accuser was hit, kicked and strangled while she was sexually assaulted anally, vaginally and orally."<ref>Neff, Joseph. '']''. 8 June 2006.</ref> | |||
====Inconsistencies in Mangum's story==== | |||
On ], ], it was reported that accuser is pregnant and the judge in the case has ordered a paternity test.<ref name="Paternity">. ''WRAL.com.'' 15 December 2006.</ref> Defense attorneys said, "It's impossible for any of these young men to have fathered that child," while the district attorney similarly stated that he has no reason to believe any of the players is the father of the woman's child. She claimed to be due in February of 2007<ref name="Paternity"> ''WRAL.com.'' 15 December 2006.</ref>, but actually gave birth on December 15th, 2006. The defense team, in the same motion, asked for the photographic lineup to be thrown out due to its "tainted procedure" wherein "the woman also identified players who weren't at the party."<ref name="Paternity">. ''WRAL.com.'' 15 December 2006.</ref> | |||
Over the course of the scandal, police reports, media investigations, and defense attorneys' motions and press conferences brought to light several key inconsistencies in Mangum's story.<ref name="conflict"/><ref name="Dancer_gives_details">Khanna, Samiha & Anne Blythe. {{webarchive |url=https://web.archive.org/web/20060427054608/http://www.newsobserver.com/102/story/421799.html|date=April 27, 2006}}, '']'', March 25, 2006.</ref> | |||
Some of the questions about her credibility were: | |||
On ], ], District Attorney Mike Nifong dropped the rape charges against all three lacrosse players. The kidnapping and sexual offense charges are still pending against all three players. <ref>. 22 December 2006.</ref> | |||
* Durham police said that Mangum kept changing her story and was not credible, reporting that she initially told them she was raped by 20 white men, later reducing the number to three. | |||
* Another police report states that Mangum initially claimed she was groped, rather than raped, but changed her story before going to the hospital. | |||
* On December 22, 2006, Nifong dropped the rape charges after Mangum stated that she was penetrated from behind but that she did not know with what. In North Carolina, penetration with an object is considered sexual assault, not rape.<ref> {{webarchive |url=https://web.archive.org/web/20160328010309/http://www.nytimes.com/2006/12/22/sports/22cnd-duke.html?ex=1324443600&en=663f0920072de97f&ei=5088&partner=rssnyt&emc=rss|date=March 28, 2016}}, ''The New York Times'', December 22, 2006.</ref> | |||
* On January 11, 2007, several more inconsistencies came to light after the defense filed a motion detailing her interview on December 21, 2006. For example, she changed details about when she was attacked, who attacked her, and how they attacked her:<ref name="ChangeAgain">{{cite news |url=http://www.newsobserver.com/2007/01/12/89217/duke-attack-story-shifts.html#storylink=misearch |title=Duke attack story shifts |publisher=News & Observer |date=January 12, 2007 |access-date=October 24, 2010 |archive-date=July 3, 2014 |archive-url=https://web.archive.org/web/20140703152518/http://www.newsobserver.com/2007/01/12/89217/duke-attack-story-shifts.html#storylink=misearch |url-status=dead }}</ref><ref name="WRALChangeAgain">{{cite news |url=http://wral.com/news/local/story/1133573 |title=Lacrosse Defense: Accuser's Story Changes Again |date=January 11, 2007 |access-date=January 12, 2007 |archive-date=September 18, 2021 |archive-url=https://web.archive.org/web/20210918211106/https://www.wral.com/news/local/story/1133573/ |url-status=live }}</ref> | |||
** In the new version from the December 21 interview, Mangum claims she was attacked from 11:35 p.m. to midnight, much earlier than her previous accusations. This new timing was before the well-documented alibi evidence for Seligmann that placed him away from the house. However, the defense said that during this new timing, Seligmann was shown to be on the phone with his girlfriend during the height of the attack. Additionally, Mangum received an incoming call at 11:36 p.m. and somebody stayed on the line for 3 minutes, which would be during the party, according to the new timetable. | |||
** The new statement contradicted time-stamped photos that show Mangum dancing between 12:00 and 12:04 a.m. If the revised statement time was true, it would mean that the two women stayed at the party for nearly an hour after the supposed attack. Kim Roberts left with Mangum at 12:53 a.m. In her April statement, Mangum said they left immediately after the attack. | |||
** Mangum changed the names of her attackers, claiming they had used multiple pseudonyms. | |||
** She also changed her description of Evans. She previously said that she was attacked by a man who looked like Evans with the addition of a mustache. Later she said this assailant had a five o'clock shadow. | |||
** Mangum claimed that Evans stood in front of her, making her perform oral sex on him. Previously, she stated that Seligmann did this. In the latest statement, she said that Seligmann did not commit any sex act with her, and that he had said that he could not participate because he was getting married. Although he has a girlfriend, there is no evidence that they were engaged or planning marriage. | |||
* North Carolina Attorney General Roy Cooper said Mangum told many different accounts of the attack. In one account, she claimed she was suspended in mid-air and was being assaulted by all three of them in the bathroom. Cooper said this event seemed very implausible because of the small size of the bathroom. According to a '']'' investigation, Mangum gave at least a dozen different stories. | |||
* '']'', North Carolina's second largest newspaper, conducted its own investigation. It determined that Mangum gave at least five different versions of the incident to police and medical interviewers by August 2006.<ref name="show gaps"/> | |||
* At one point, Mangum said that both Evans and Finnerty helped her into her car upon departure. However, a photo shows her being helped by another player. Electronic records and witnesses reported that Evans and Finnerty had already left before she did. Upon seeing the photo, Mangum claimed that it must have been doctored or that Duke University paid someone off.<ref name="The Duke Case">, cbsnews.com, April 15, 2007.</ref> | |||
* Mangum did not consistently identify the same three defendants in the photo lineups. Media reports have disclosed at least two photo lineups that occurred in March and April in which she was asked to recall who she saw at the party and in what capacity. In the March lineup, she did not choose Evans at all. During these two sessions, she identified only Brad Ross with 100% certainty as being at the party.<ref name=abc> {{webarchive |url=https://web.archive.org/web/20160303204617/http://abclocal.go.com/images/wtvd/pdf/suppression_2.pdf|date=March 3, 2016}}, abclocal.go.com; retrieved June 2, 2007.</ref> After being identified, Ross provided police investigators with evidence that he was with his girlfriend at ] before, during, and after the party—through cell phone records and an ] from a witness.<ref name=abc/><ref>{{cite book |last1=Cohan |first1=William D. |title=The price of silence: The Duke lacrosse scandal, the power of the elite, and the corruption of our great universities |date=2014 |publisher=Scribner |location=New York |isbn=9781451681802 |pages=67, 116–117, 190–192 |url=https://books.google.com/books?id=OjbmBwAAQBAJ&q=Ross+&pg=PA116 |access-date=July 8, 2017 |archive-date=March 10, 2021 |archive-url=https://web.archive.org/web/20210310202754/https://books.google.com/books?id=OjbmBwAAQBAJ&q=Ross+&pg=PA116 |url-status=live }}</ref> | |||
====Other credibility issues==== | |||
On ], ], the North Carolina bar filed ethics charges against Nifong over his alleged conduct in the case, accusing him of making public statements that were "prejudicial to the administration of justice" and of engaging in "conduct involving dishonesty, fraud, deceit, or misrepresentation."<ref name="NCBAR">. ''Associated Press.'' 28 December 2006.</ref> The 17-page document accuses Nifong of violating four rules of professional conduct, listing more than 100 examples of statements he made to the media.<ref>. ''WRAL.com.'' 28 December 2006.</ref> | |||
The Duke defense lawyers or media reports have indicated: | |||
* The second stripper who performed at the house, Kim Roberts, said that Mangum was not raped. She stated that Mangum was not obviously hurt. Likewise, she refuted other aspects of Mangum's story including denying that she helped dress Mangum after the party and saying that they were not forcefully separated by players as Mangum had reported.<ref name="Kim Roberts">, msnbc.com, October 13, 2006.</ref> | |||
* DNA results revealed that Mangum had sex with a man who was not a Duke lacrosse player. Attorney Joseph Cheshire said the tests indicated DNA from a single male source came from a vaginal swab. Media outlets reported that this DNA was from her boyfriend.<ref name="2nd_DNA_Test"/> However, it was later revealed that DNA from multiple males who were neither the lacrosse players nor Mangum's boyfriend had been found, but that these findings had been deliberately withheld from the Court and the defense.<ref>Tad Nelson, , FoxNews, January 14, 2007.<br> {{webarchive |url=https://archive.today/20141122041451/http://tadnelsonlaw.com/duke-lacrosse-case|date=November 22, 2014 }}</ref> | |||
* She had made a similar claim in the past which she did not pursue. On August 18, 1996, the dancer – then 18 years old – told a police officer in Creedmoor she had been raped by three men in June 1993, according to a police document. The officer who took the woman's report at that time asked her to write a detailed timeline of the night's events and bring the account back to the police, but she never returned.<ref name="similar claim"/><ref>{{cite news |url=http://www.newsobserver.com/2006/11/14/44919/event-told-of-accuser-in-lacrosse.html |title=Event told of accuser in lacrosse rape case |publisher=News & Observer |date=November 14, 2006 |access-date=October 24, 2010 |archive-date=December 25, 2014 |archive-url=https://web.archive.org/web/20141225150726/http://www.newsobserver.com/2006/11/14/44919/event-told-of-accuser-in-lacrosse.html |url-status=dead }}</ref><ref name="60 minutes"> . '']'', October 15, 2006.</ref> | |||
* The strip club's security officer said that Mangum told co-workers four days after the party that she was going to get money from some boys at a Duke party who had not paid her, mentioning that the boys were white. The security guard did not make a big deal of it because he felt that no one took her seriously.<ref>{{cite news |url=http://www.newsobserver.com/2006/11/04/97066/accuser-in-duke-lacrosse-case.html#storylink=misearch |title=Accuser in Duke lacrosse case wanted money, man says |publisher=newsobserver.com |date=November 4, 2006 |access-date=October 24, 2010 |archive-date=December 28, 2014 |archive-url=https://web.archive.org/web/20141228112118/http://www.newsobserver.com/2006/11/04/97066/accuser-in-duke-lacrosse-case.html#storylink=misearch |url-status=dead }}</ref> | |||
* Mangum was arrested in 2002 for stealing a cab from a strip club where she had been working. She led police officers on a high-speed chase before she was apprehended, at which point her blood alcohol level was more than twice the legal limit.<ref>Graham, David. {{webarchive |url=https://web.archive.org/web/20110408135314/http://www.thedailybeast.com/blogs-and-stories/2011-04-05/duke-lacrosse-rape-accusers-new-trouble-crystal-mangum-arrested/?cid=hp%3Amainpromo5 |date=April 8, 2011 }}, '']'', April 5, 2011.</ref> She was sentenced to three weekends in detention.<ref name="conviction"/><ref>, espn.go.com, April 9, 2006.</ref> | |||
===Durham Police Department's actions=== | |||
On ], ], Nifong sent a letter to North Carolina Attorney General Roy Cooper asking to be taken off the case, giving the responsibility of the case to the Attorney General's office.<ref>. ''ABC News.'' 12 January 2007.</ref> On ], ] Attorney General Roy Cooper announced that his office would take over the case.<ref>{{cite web | |||
Lawyers and media have questioned the methods of the photo identification process, and have argued that the police supervisor in the case, Sgt. Mark Gottlieb, has unfairly targeted Duke students in the past.<ref name="got tough">{{cite news |url=http://www.newsobserver.com/2006/09/09/69130/detective-got-tough-with-duke.html#storylink=misearch |title=Detective got tough with Duke students |publisher=News & Observer |date=September 9, 2006 |access-date=October 24, 2010 |archive-date=July 12, 2014 |archive-url=https://web.archive.org/web/20140712134304/http://www.newsobserver.com/2006/09/09/69130/detective-got-tough-with-duke.html#storylink=misearch |url-status=dead }}</ref> | |||
|url=http://wcbstv.com/local/local_story_013144425.html | |||
|title=Prosecutor Mike Nifong Removed From Duke Case | |||
|date=2007-01-13 | |||
|publisher=WCBS-TV New York | |||
|accessdate=2007-01-14}}</ref> | |||
====Photo identification==== | |||
===Publication of the accuser's identity=== | |||
Lawyers and media reports alike suggested the photo identification process was severely flawed. During the photo identifications, Mangum was told that she would be viewing Duke University lacrosse players who attended the party, and was asked if she remembered seeing them at the party and in what capacity. Defense attorneys claimed this was essentially a "multiple-choice test in which there were no wrong answers",<ref> {{webarchive |url=https://web.archive.org/web/20151005065128/http://www.wral.com/news/local/story/1107415|date=October 5, 2015}}, WRAL.com, December 14, 2006; retrieved September 3, 2007.</ref> while Duke law professor ] posits that "he officer was telling the witness that all are suspects, and say, in effect, 'Pick three.' It's so wrong."<ref>{{cite news |title=Duke prof: Rape case needs new prosecutor |date=June 13, 2006 |url=http://www.newsobserver.com/2006/06/13/39175/duke-prof-rape-case-needs-new.html#storylink=misearch |access-date=October 24, 2010 |archive-date=December 28, 2014 |archive-url=https://web.archive.org/web/20141228111857/http://www.newsobserver.com/2006/06/13/39175/duke-prof-rape-case-needs-new.html#storylink=misearch |url-status=dead |work=News & Observer }}</ref> | |||
Partly obscured photos<ref>. '']''. 19 April 2006.</ref> of the accuser at the party were broadcast by '']'' on cable news channel ] and by local television affiliate ] 17 ] in North Carolina. The accuser claimed she was forced into "virtual hiding" as a result and had "stay with different friends almost every night."<ref> | |||
el-Ghobashy, Tamer. Goldiner, Dave. . '']''. 20 Apr. 2006.</ref> | |||
] guidelines suggest including at least five non-suspect filler photos for each suspect included,<ref>{{Cite web |url=https://www.nytimes.com/2006/08/25/us/25duke.html |url-status=dead |archive-url=https://web.archive.org/web/20151117185809/http://www.nytimes.com/2006/08/25/us/25duke.html |title=Files From Duke Rape Case Give Details but No Answers |first1=Duff |last1=Wilson |first2=Jonathan D. |last2=Glater |date=August 25, 2006 |archive-date=November 17, 2015 |via=NYTimes.com }}</ref> as did the Durham Police Department's own General Order 4077, adopted in February 2006.<ref>{{Cite book |title=Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case |author1=Stuart Taylor, Jr |author2=K. C. Johnson |date=September 4, 2007 |publisher=Macmillan |isbn=9780312369125 |url=https://books.google.com/books?id=e7YbFWZsoT8C&pg=PA155 |via=Google Books |access-date=April 28, 2016 |archive-date=July 5, 2024 |archive-url=https://web.archive.org/web/20240705201031/https://books.google.com/books?id=e7YbFWZsoT8C&pg=PA155 |url-status=live }}</ref> | |||
On April 21, outspoken talk-radio host ] disclosed the name of the rape accuser during his nationally syndicated talk-radio program. Leykis has disclosed identities of alleged victims of ] in the past.<ref>Haugh, David. . '']''. 28 April 2006.</ref> On May 15, MSNBC host ] disclosed the first name of the rape accuser on his show, '']''.<ref>, '']''. 15 May 2006.</ref> Court records presented by the defense<ref>http://www.kirkosborn.com/Motions/RITCHIEMotion.pdf, http://www.kirkosborn.com/Motions/MotionforPreservationofNotes.pdf, http://www.kirkosborn.com/Motions/AdditionalMotionforVoluntaryDiscovery.pdf, http://www.kirkosborn.com/Motions/MotionforProductionofToxReports.pdf</ref> reveal the accuser's name to be ]. This name matches the name given by both Tom Leykis and Tucker Carlson months prior. | |||
Ross (the only player she identified as attending the party with 100% certainty during both procedures) provided police investigators with evidence that he was with his girlfriend at ] before, during, and after the party through cell phone records and an affidavit from a witness. Another person whom the accuser had identified in April also provided police with evidence that he did not attend the party at all. In regards to Seligmann's identification, Mangum's confidence increased from 70% in March to 100% in April. Gary Wells—an ] professor and expert on police identification procedures—has asserted that memory does not improve with time.<ref name="conflictingID"> {{webarchive |url=https://web.archive.org/web/20081002032023/http://www.newsobserver.com/content/news/crime_safety/duke_lacrosse/story_graphics/20061008_dukelax.pdf|date=October 2, 2008}}. ''The News & Observer''; retrieved December 24, 2006.</ref> | |||
==Defense and media questioning== | |||
===Credibility of the accuser=== | |||
Lawyers for the Duke lacrosse players have said that Mangum was intoxicated and possibly on drugs.<ref>. '']''. ] ].</ref> Defense attorney Bill Thomas urged her to retract her statement, saying that the rape allegations were concocted to avoid a charge of public drunkenness. The Duke defense lawyers or media reports have said that: | |||
According to the transcript of the photo identification released on '']'', Mangum also stated that David Evans had a mustache on the night of the attack. Evans's lawyer stated that his client has never had a mustache and that photos as well as eyewitness testimony would reveal that Evans has never had a mustache.<ref>{{cite news |title=3rd Duke lacrosse player: all 'fantastic lies' |agency=Associated Press |date=May 16, 2006 }}</ref> | |||
*DNA results revealed that the woman had sex with a man who was not a Duke lacrosse player. Attorney Joseph Cheshire said the tests indicated DNA from a "single male source" came from a vaginal swab taken from the accuser. Media outlets reported that this DNA was from her boyfriend.<ref>. '']''. ] ].</ref> | |||
====Accusations of intimidation tactics==== | |||
*A DNA report released in December 2006 revealed that sperm from several males was found in the accuser's body and on her underwear; none of which was from any of the Duke players. Mangum has denied engaging in any sexual activity in the days before the assault, saying that she last had sex a week earlier. She also said that her attackers did not use condoms and ejaculated.<ref>. ''FoxNews.'' 13 December 2006.</ref><ref name="Case worsens">. ''LA Times.'' 16 December 2006.</ref> | |||
Defense lawyers suggested police used intimidation tactics on witnesses. On May 11, Moezeldin Elmostafa, an immigrant taxi driver who signed a sworn statement about Seligmann's whereabouts that defense lawyers say provides a solid alibi, was arrested on a 2½-year-old shoplifting charge. Arresting officers first asked if he had anything new to say about the lacrosse case. When he refused to alter his testimony, he was taken into custody. An arrest and conviction would have destroyed his chance for citizenship and could have led to his deportation. Elmostafa was subsequently tried on the shoplifting charge and acquitted, after a grainy security tape proved that a security guard who was the prosecution's chief witness had "misremembered" events.<ref>{{cite news |url=http://www.newsobserver.com/2006/08/30/38843/cabbie-in-lacrosse-case-acquitted.html#storylink=misearch |title=Cabbie in lacrosse case acquitted in shoplifting |publisher=News & Observer |date=August 30, 2006 |access-date=October 24, 2010 |archive-date=December 28, 2014 |archive-url=https://web.archive.org/web/20141228111401/http://www.newsobserver.com/2006/08/30/38843/cabbie-in-lacrosse-case-acquitted.html#storylink=misearch |url-status=dead }}</ref><ref>Parrish, R. B. (2009) ''The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro'', pp. 157-58; {{ISBN|1-4392-3590-2 }}</ref> | |||
Police also arrested Mangum's former husband, Kenneth McNeil; her boyfriend, Matthew Murchison; and another friend, with the disposition of their own separate cases entirely in the hands of District Attorney Nifong. The daughter of Durham's police chief was arrested on an old warrant, and the chief himself remained absent from duty and invisible to the press for most of the case.<ref>Parrish, R. B. (2009) ''The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro'', pp. 175-76; {{ISBN|1-4392-3590-2 }}</ref> | |||
*She was convicted of stealing a car and sentenced to 3 weekends in detention. (In 2002, she stole a taxi from a man to whom she was giving a lap dance. A high speed chase then ensued, and when the deputy chasing her approached the stolen taxi on foot, she tried to run over him. She pleaded guilty to misdemeanor charges of larceny, speeding to elude arrest, assault on a government official and driving while impaired.)<ref>. '']''. ] ]. </ref><ref>, North Carolina Department of Correction Public Access Information System</ref> | |||
====Supervisor==== | |||
*She had made a similar claim in the past which she did not pursue. "On Aug. 18, 1996, the dancer - then 18 years old - told a police officer in Creedmoor she had been raped by three men in June 1993, according to a police document. She did not pursue the allegations. The officer who took the woman's report 10 years ago asked her to write a detailed timeline of the night's events and bring the account back to the police. "Apparently she never returned," Granville County DA Sam Currin said."<ref>Mueller, Jared. Rotberg, Emily. . ]. ] ].</ref> | |||
'']'' suggested that the supervisor of the lacrosse investigation, Sgt. Mark Gottlieb, had unfairly targeted Duke students in the past, putting some of his investigational tactics into question. Gottlieb has made a disproportionate number of arrests of Duke students for misdemeanor violations, such as carrying an open container of alcohol. Normally, these violations earn offenders a pink ticket similar to a traffic ticket. | |||
From May 2005 to February 2006, when Sgt. Gottlieb was a patrol officer in District 2, he made 28 total arrests. Twenty of those arrests were Duke students, and at least 15 were handcuffed and taken to jail. This is in stark contrast to the other two officers on duty in the same district during that same 10-month period. They made 64 total arrests, only two of which were Duke students. Similarly, ''The News & Observer'' charges that Gottlieb treated non-students very differently. For example, he wrote up a young man for illegally carrying a concealed .45-caliber handgun and possession of ] (crimes far more severe than the Duke students who were taken to jail committed), but did not take him to jail. Residents complimented Gottlieb for dealing fairly with loud parties and disorderly conduct by students.<ref name="got tough"/> | |||
*The accuser told authorities that in 1998, her husband threatened to kill her. However, she did not appear at the court hearing and thus the charges were dropped.<ref>Fausset, Richard. . '']''. ] ].</ref> | |||
Duke's student newspaper, '']'', depicted other examples of violence and dishonesty from Sgt. Gottlieb. It published that one student threw a party at his rental home off-East Campus before a ] concert in October 2005. The morning after the concert, at 3:00 a.m., Sgt. Gottlieb led a raid on the home with nine other officers while the students were half asleep. It reported that one student was dragged out of bed and then dragged down the stairs, that all seven housemates were put in handcuffs, arrested, and taken into custody for violating a noise ordinance and open container of alcohol violations. Sgt. Gottlieb reportedly told one student, an American citizen of Serbian descent, that he could be deported. Other stories include the throwing of a 130-pound male against his car for an open container of alcohol violation, refusing the ID of a student because he was international, searching through a purse without a warrant, refusing to tell a student her rights, and accusations of ].<ref name="Chron">Mueller, Jared. {{webarchive |url=https://web.archive.org/web/20110719032343/http://www.dukechronicle.com/news/2006/09/11/News/Students.Criticize.Lax.Cops.Behavior-2265465.shtml|date=July 19, 2011}}, ''The Chronicle''; accessed September 11, 2006.</ref> | |||
*The accuser frequently passed out while performing as an exotic dancer at the Platinum Club in Hillsborough, according to the former club manager. The former manager also stated that Mangum had to be dragged out of the establishment onto gravel either one or two nights prior to the ] party: "She was heavy. It took four or five of us to carry her outside. She was dead weight. That's how passed out she was. She never woke up. We could have put the scratches on her. That could be how she got them."<ref>. ''Durham Herald-Sun.'' ] ].</ref> The former manager went on to describe the accuser as "a club employee whose problems with other dancers and customers sometimes made it hard for her to make money," citing an event in which she started to pull a female customer's hair.<ref>. ''News & Observer.'' ] ].</ref> | |||
===Prosecutor Nifong's actions=== | |||
*According to the Platinum Club owner, the accuser danced at the club on ], 24, and 25. Those were the same dates she told doctors she was "in excruciating pain from the beating." The owner said the accuser did not say anything about being raped 10 days earlier.<ref>. ''Durham Herald-Sun.'' ] ].</ref> Similarly, ''60 Minutes'' released a video of her allegedly dancing at the club less than two weeks after the alleged incident, again raising doubts as to how "traumatized" she actually was.<ref name="60 minutes">. ''60 Minutes.'' ] ].</ref> | |||
====Possible political motivation==== | |||
At the time the rape allegations were made in March 2006, Mike Nifong was in the midst of a difficult ] ] campaign to keep his position as Durham County District Attorney, facing strong opposition. It was understood that if Nifong lost the primary, he would very likely lose his job. Some commentators have opined that Nifong's prosecution of the Duke lacrosse players and his many statements to the media were driven by his political strategy to attract African-American voters. The primary was held on May 6, 2006, and Nifong won by a slim margin of 883 votes. Results showed Nifong won the primary on the basis of strong support from the black community. Nifong went on to win the general election in November 2006, although by a lower margin than usual for Democratic candidates in Durham County at that time.<ref name=fordhamnifong2 >{{cite journal |last=Mosteller |first=Robert P. |date=December 2007 |title=The Duke Lacrosse Case, Innocence, and False Identifications: A Fundamental Failure to "Do Justice" |url=http://fordhamlawreview.org/assets/pdfs/Vol_76/Mosteller_Vol_76_Dec.pdf |journal=Fordham Law Review |publisher=Fordham Univ. |volume=76 |issue=3 |pages=1354–57 |access-date=May 13, 2015 |archive-date=September 3, 2020 |archive-url=https://web.archive.org/web/20200903161015/http://fordhamlawreview.org/assets/pdfs/Vol_76/Mosteller_Vol_76_Dec.pdf |url-status=live }}</ref> | |||
====Prosecution's chief investigator==== | |||
*The strip club's security officer said that the accuser told co-workers four days after the alleged incident that she "was going to get money from some boys at a Duke party who hadn't paid her," adding that she essentially said, "I'm going to get paid by the white boys." The security guard did not make a big deal of it "because no one takes her seriously."<ref>. ''News & Observer.'' ] ].</ref> | |||
Nifong hired Linwood E. Wilson as his chief investigator. During Wilson's private detective career, at least seven formal inquiries into his conduct were performed. In 1997, Wilson was reprimanded by the state commission. After his appeal of the decision was rejected, he allowed his detective license to expire. In response to criticism, Wilson stated that no one had ever questioned his integrity. On June 25, 2007, shortly after Nifong's disbarment and removal from office, it was reported that Nifong's replacement, interim district attorney Jim Hardin Jr., fired Wilson from his post.<ref name="linwood fired">{{cite news |title=Durham DA's investigator jobless |publisher=News & Observer |date=June 26, 2007 |url=http://www.newsobserver.com/2007/06/26/44935/durham-das-investigator-jobless.html |access-date=November 21, 2014 |archive-date=December 25, 2014 |archive-url=https://web.archive.org/web/20141225150723/http://www.newsobserver.com/2007/06/26/44935/durham-das-investigator-jobless.html |url-status=dead }}</ref> | |||
==Wider effects== | |||
===Inconsistencies in accuser's story=== | |||
===Effects on Duke faculty=== | |||
Police reports, media investigations, and defense attorneys' motions and press conferences have brought to light several inconsistencies in the Mangum's story, which include: | |||
{{Wikinews|Duke lacrosse season ends, coach resigns}} | |||
*Durham police said Mangum "kept changing her story and is not credible," reporting that she initially told them she was raped by 20 white men, later reducing the number to only three.<ref>. '']''. 8 May 2006.</ref> | |||
], the coach of the lacrosse team, received threatening e-mails and hate calls, had castigating signs placed on his property, and was the frequent victim of vandalism in the aftermath of the accusations.<ref name="The Damage Done"/> On April 5, 2006, he resigned (later revealed to have been forced) shortly after the McFadyen e-mail became public. Through his lawyer, he stated that his resignation was not an admission of wrongdoing on his part.<ref name="The Damage Done"/><ref>{{cite web |url=https://www.espn.com/espn/print?id=2400031&type=story |title=Attorney: Pressler 'has done nothing wrong' |date=April 6, 2006 |publisher=ESPN |access-date=December 14, 2007 |archive-date=October 13, 2012 |archive-url=https://web.archive.org/web/20121013115857/http://sports.espn.go.com/espn/print?id=2400031&type=story |url-status=live }}</ref> On the same day, ], president of Duke University, suspended the remainder of the lacrosse season.<ref>, ], April 6, 2006.</ref> | |||
*Another police report states that the accuser initially claimed she was only groped, rather than raped, but changed her story before going to the hospital.<ref>. '']''. 26 May 2006.</ref> | |||
*The second stripper who performed at the house, Kim Roberts, said that Mangum was not raped. She stated that the accuser "obviously wasn't hurt because she was fine." Likewise, she refuted other aspects of the accuser’s story including denying that she helped dress the accuser after the alleged incident and saying that they were not forcefully separated by players like the accuser reported.<ref>. ''MSNBC.'' 13 Oct 2006.</ref> | |||
* Mangum did not consistently choose the same three defendants in the photo lineups.<ref name="PhotoLineup>. ''The News & Observer.'' Accessed on 24 December 2006.</ref> Media reports have disclosed at least two photo lineups that occurred in March and April. In the March lineup, she did not choose Dave Evans at all. There was only one individual she identified as her assailant with 100% certainty during both procedures - Brad Ross. After being identified, Ross provided to police investigators indisputable evidence that he was with his girlfriend at ] before, during, and after the party through cell phone records and a sworn affidavit from a witness.<ref name="PhotoLineup>. ''The News & Observer.'' Accessed on 24 December 2006.</ref> | |||
*A police report released June 23, 2006, said that Mangum initially claimed she was "attacked by five men and changed her story several times."<ref>. ''Associated Press.'' 23 Jun 2006.</ref> | |||
*On ], ], Nifong dropped the rape charges after Mangum changed her story and stated that she " no longer certain whether she was penetrated vaginally"<ref>. ''Associated Press.'' 22 December 2006.</ref> | |||
*On ], ], several more inconsistencies cames to light after the defense filed a motion detailing her interview on ], ].<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> For example, she changed details about when she was attacked, who attacked her, and how they attacked her:<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> | |||
:*In the new version from the December 21 interview, Mangum claims she was attacked from 11:35 p.m. to midnight, much earlier than her previous accusations.<ref name="WRALChangeAgain">. ''WRAL.com.'' 11 January 2007.</ref> This new timing is before the well-documented alibi evidence for Reade Seligmann that places him away from the house.<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> However, the defense revealed that this new timing would suggest Seligmann was on the phone with his girlfriend during the height of the attack.<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> Additionally, she received an incoming call at 11:36 p.m. and somebody stayed on the line for 3 minutes, which would be during the alleged attack according to the new timetable.<ref name="WRALChangeAgain">. ''WRAL.com.'' 11 January 2007.</ref> | |||
:*The new statement contradicts time stamped photos that show her dancing between 12:00 and 12:04 a.m.<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> It would also mean that they stayed at the party for nearly an hour after the supposed attack since Kim Roberts drove her away at 12:53 a.m.<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> In her April statement, Mangum said they left immediately after the attack.<ref name="WRALChangeAgain">. ''WRAL.com.'' 11 January 2007.</ref> | |||
:*Mangum changed the names of her alleged attackers, saying they used multiple ]. While Dave Evans went by "Dan, Adam and Brett," Reade Seligmann used the names "Adam and Matt," while Collin Finnerty either did not have a name or was not called by name, Mangum claimed.<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> | |||
:*The accuser also changed her description of Evans.<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> She previously claimed that she was attacked by man that looked like Evans except with a "mustache," but more recently stated that the assailant just had a "five o'clock shadow."<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> | |||
:*Mangum claimed that Evans stood in front of her, making her perform oral sex on him.<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> Previously, she stated that Seligmann did this.<ref name="ChangeAgain">. ''The News & Observer.'' 11 January 2007.</ref> In the latest statement, she stated that Seligmann "did not commit any sex act on her e said he could not participate because he was getting married."<ref name="WRALChangeAgain">. ''WRAL.com.'' 11 January 2007.</ref> Although he has a girlfriend, there has never been anything to suggest he was engaged or getting married.<ref name="WRALChangeAgain">. ''WRAL.com.'' 11 January 2007.</ref> | |||
*In its own investigation, '']'', North Carolina's second largest newspaper, determined that the accuser gave at least five different versions of the alleged rape to police and medical interviewers.<ref name="DA">. '']''. 6 August 2006.</ref> | |||
Other Duke faculty members (sometimes referred to as the ]<ref>{{cite web |url=http://www.concerneddukefaculty.org |title=An Open Letter to the Duke Community |publisher=Concerned Duke Faculty |access-date=September 14, 2007 |archive-date=June 18, 2007 |archive-url=https://web.archive.org/web/20070618163744/http://www.concerneddukefaculty.org/ |url-status=live }}</ref> or the "Gang of 88") have been criticized for their "Social Disaster" letter as well as individual comments and reactions which created a perception of prejudgment.<ref>{{cite web |url=http://durhamwonderland.blogspot.com |title=Durham-in-Wonderland blog on Blogspot |access-date=September 14, 2007 |archive-date=December 7, 2021 |archive-url=https://web.archive.org/web/20211207152551/https://durhamwonderland.blogspot.com/ |url-status=live }}</ref> | |||
===District attorney's actions=== | |||
Defense lawyers and media outlets have been very critical about how the Durham District Attorney, ], has handled the case. The criticisms have focused on a series of alleged missteps: that he went public with a series of accusations that later turned out to be untrue; that he exaggerated and intensified racial tensions; that he unduly influenced the Durham police investigation; that he tried to manipulate potential witnesses; that he refused to hear ] prior to indictment; that he had never spoken directly to the alleged victim about the accusations; that he crossed ethical lines by making public comments about the case, possibly prejudicing potential jurors; and that he conspired with the DNA lab director to withhold potentially exculpatory DNA.<ref name="DA">. '']''. 6 August 2006.</ref> Media outlets that have launched blistering attacks on Nifong, demanding his resignation or recusal from the case, include, but are not limited to: | |||
'']''<ref name="60 minutes">. ''60 Minutes.'' 15 Oct 2006.</ref>, | |||
'']''<ref name="Jocks_And_Prejudice">Kristof, Nicholas. | |||
. '']''. 11 June 2006</ref><ref name="Duke_Witch Hunt_details">Brooks, David. ''The New York Times''. 28 May 2006 </ref>, | |||
'']''<ref name="DA">. '']''. 6 August 2006.</ref><ref>. ''The News & Observer.'' 23 December 2006.</ref>, | |||
'']''<ref>. ''New York Magazine.'' 16 October 2006.</ref>, | |||
'']''<ref>. ''].'' 31 December 2006.</ref>, | |||
'']''<ref>. ''].'' 27 December 2006.</ref>, | |||
'']''<ref>. '']''. 26 December 2006.</ref>, | |||
'']''<ref>. '']''. 29 December 2006.</ref>, | |||
'']'', | |||
'']'', | |||
'']''<ref>. ''The Charlotte Observer.'' 23 December 2006.</ref>, | |||
'']''<ref>. ''The Star-Ledger.'' 30 December 2006.</ref>, | |||
'']''<ref>. '']''. 30 December 2006.</ref>, | |||
'']''<ref>. ''].'' 3 January 2007.</ref>, | |||
'']''<ref>. ''Greensboro News-Record.'' 23 December 2006.</ref>, | |||
and '']''<ref>. ''Wilmington Star.'' 21 December 2006.</ref>. | |||
===Effect on Duke students=== | |||
Nifong, by his own account, gave 50 to 70 interviews in a one week period.<ref name="DA">. '']''. 6 August 2006.</ref> The '']'' has confirmed that Nifong granted "more than 50 interviews", many with national news organizations.<ref>Biesecker, Michael. Niolet, Benjamin. Neff, Joseph. . '']''. 22 April 2006.</ref><ref> Niolet, Benjamin. .'']''. 20 April 2006.</ref> In these interviews, Nifong repeatedly said that he is "confident that a rape occurred,"<ref>. '']''. 28 March 2006.</ref> calling the players "a bunch of hooligans" whose "daddies could buy them expensive lawyers."<ref name="60 minutes">. ''60 Minutes.'' 15 Oct 2006.</ref> Since early April, however, Nifong has generally refused to talk to the media.<ref> Niolet, Benjamin. .'']''. 20 April 2006.</ref> | |||
Shortly after the party, the University's president warned in a school-wide e-mail of threats of gang violence against Duke students.<ref> {{webarchive |url=https://web.archive.org/web/20160312002005/http://dukechronicle.com/article/police-warn-students-about-suspicious-gang-activity-east-campus|date=March 12, 2016}}. ]. March 31, 2006.</ref> Other Duke students claimed they had been threatened.<ref>, ], April 3, 2006. {{webarchive |url=https://web.archive.org/web/20120105081330/http://www.dukechronicle.com/news/2006/03/31/News/Police.Warn.Students.About.Suspicious.Gang.Activity.Off.East.Campus-1776022.shtml|date=January 5, 2012 }}</ref> Mobs protested outside the house that had been the site of the party, ] at early hours of the morning.<ref>{{cite book |title=Party Like a Lacrosse Star |author=Paul Montgomery |year=2007 |isbn=978-0-615-17150-0 |pages=10–11 |publisher=Lulu.com }}</ref> | |||
Photographs of lacrosse team members had been posted prominently around Durham and on the Duke University campus with accompanying captions requesting that they come forward with information about the incident.<ref>{{cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2006/06/09/AR2006060902029.html |title=Lacrosse Players' Case a Trial for Parents |work=Washingtonpost.com |date=June 10, 2006 |access-date=April 16, 2010 |first=Anne |last=Hull |archive-date=February 8, 2017 |archive-url=https://web.archive.org/web/20170208140257/http://www.washingtonpost.com/wp-dyn/content/article/2006/06/09/AR2006060902029.html |url-status=live }}</ref> | |||
On ], ], defense lawyers charged that Nifong made "unprofessional and discourteous" remarks. During a preliminary hearing, Nifong said, " attorneys were almost disappointed that their clients didn't get indicted so they could be a part of this spectacle here in Durham." One lawyer ascertained that "Nifong's statement is an insult to the legal profession as a whole and is certainly unwarranted by any facts in this case." Others saw it as a personal insult. Immediately following the remarks, Nifong went on vacation and could not be reached for further comment.<ref>. '']''. 18 July 2006.</ref> | |||
===Media policies regarding identity revelation of accusers and accused=== | |||
On ], ], Nifong stated in court that he has yet to discuss the case with the accuser. A defense attorney explained that "Mr. Nifong did admit that he in fact has basically never talked to this woman and has absolutely no idea what her story is, and yet he has chosen to continue to go forward with this case."<ref>. ''Associated Press.'' 27 Oct 2006.</ref> | |||
] was the sole national television news outlet to reveal Mangum's photo following the dismissal of the case, although ] and '']'' revealed her name.<ref name="foxprofile"/> Several major broadcasters did not publish Mangum's name at any point, including ], ], ], and ].{{citation needed|date=May 2017}} | |||
====Publication of Mangum's identity==== | |||
On ], ], defense lawyers charged in a filed motion that Nifong withheld key DNA evidence from them until October, despite the fact that the laboratory handed over its final report to Nifong on ], ]. DNA findings, by law, must be immediately reported to the defense.<ref name="FoxDNA">. ''Fox News.'' 13 December 2006.</ref> | |||
Partially obscured photos of Mangum at the party were broadcast by '']'' on cable news channel ] and by local television affiliate ] 17 ] in North Carolina. On April 21, 2006, outspoken talk-radio host ] disclosed Mangum's name during his nationally syndicated talk-radio program. Leykis has disclosed identities of accusers of ] in the past. On May 15, 2006, MSNBC host ] disclosed Mangum's first name only on his show, '']''.<ref>, '']'', May 15, 2006.</ref> Court records presented by the defense revealed Mangum's name.{{citation needed|date=May 2017}} | |||
On April 11, 2007, several other mainstream media sources revealed or used Mangum's name and/or picture after the attorney general dropped all the charges and declared the players innocent. These sources include: ],<ref name="The Duke Case"/> '']'',<ref> {{webarchive |url=https://web.archive.org/web/20070519033012/http://blogs.newsobserver.com/editor/index.php?title=why_we_re_naming_the_accuser&more=1&c=1&tb=1&pb=1|date=May 19, 2007}}. ''The News & Observer'', April 11, 2007.</ref> ],<ref> {{webarchive |url=https://web.archive.org/web/20161026102524/http://www.wral.com/news/local/story/1269195|date=October 26, 2016}}, WRAL-TV, April 11, 2007.</ref> all ]'s newspapers (which includes 24 newspapers across the country), ], '']'', the '']'', ]'s '']'' (airdate April 12, 2007) and ].<ref>{{cite news |title=Dismissing the Duke Case: Video |publisher=MSNBC |date=April 15, 2007 }}</ref> | |||
On ], ], it was revealed that Nifong and DNA lab director Brian Meeham agreed to withhold exculpatory DNA evidence from the final report submitted to the defense team.<ref name="Case worsens">. ''LA Times.'' 16 December 2006.</ref><ref name="Paternity">. ''WRAL.com.'' 15 December 2006.</ref><ref>. ''The Chronicle.'' 15 December 2006.</ref> | |||
===Effect on community relations=== | |||
Rep. ], R-NC, wrote a letter to ] ] on ], ], "asking for an investigation into Nifong to determine whether he is guilty of prosecutorial misconduct".<ref name="FoxDNA">. ''Fox News.'' 13 December 2006.</ref> | |||
The allegations have inflamed already strained relations between Duke University and its host city of Durham, with members of the Duke lacrosse team being vilified in the press and defamed on and off campus. On May 1, 2006, the ] held a protest outside Duke University. Many of the protestors were wearing knives on their belts. "Before entering the campus, a leader of the protest said ‘We are conducting an independent investigation, and we intend to enter the campus and interview lacrosse players. We seek to ensure an adequate, strong, and vigorous prosecution.’ How scary is that? How could these kids be safe, in class and on campus? It tells you how out of control the thinking was, how crazy the moment was."<ref>{{cite news |url=http://www.newsobserver.com/2006/04/29/55639/duke-we-will-not-let-the-safety.html#storylink=misearch |title=Duke: 'We will not let the safety...be jeopardized' |publisher=News & Observer |date=April 29, 2006 |access-date=October 24, 2010 |archive-date=July 3, 2014 |archive-url=https://web.archive.org/web/20140703174524/http://www.newsobserver.com/2006/04/29/55639/duke-we-will-not-let-the-safety.html#storylink=misearch |url-status=dead }}</ref> The case drew national attention and highlighted ] within the Durham area.<ref name="Charges to be dropped soon">{{cite news |title=Report: All Charges Against Duke Lacrosse Players to Be Dropped Soon |work=FoxNews |date=March 23, 2007 }}</ref> | |||
===Jesse Jackson and Rainbow/PUSH involvement=== | |||
On ], ], the North Carolina ] filed ethics charges against Nifong over his alleged conduct in the case, accusing him of making public statements that were "prejudicial to the administration of justice" and of engaging in "conduct involving dishonesty, fraud, deceit, or misrepresentation."<ref name="NCBAR">. ''Associated Press.'' 28 December 2006.</ref> The 17-page document accuses Nifong of violating four rules of professional conduct, listing more than 100 examples of statements he made to the media.<ref>. ''WRAL.com.'' 28 December 2006.</ref> | |||
In 2006, ] promised the ] would pay the college tuition for Mangum. Jackson said the tuition offer would still be good even if Mangum had fabricated her story.<!--ANY RESULTS OR FOLLOWUP?--><ref>{{cite news |url=http://www.wral.com/news/local/story/1091599 |title=Jesse Jackson Says Organization Will Pay Alleged Rape Victim's Tuition |access-date=January 7, 2007 |archive-date=September 18, 2021 |archive-url=https://web.archive.org/web/20210918211113/https://www.wral.com/news/local/story/1091599/ |url-status=live }}</ref> | |||
==Aftermath== | |||
On ], ], Nifong sent a letter to North Carolina Attorney General Roy Cooper asking to be taken off the case, giving the responsibility of the case to the Attorney General's office.<ref>. ''ABC News.'' 12 January 2007.</ref> | |||
{{main|Reactions to the Duke lacrosse case}} | |||
===Mike Nifong=== | |||
The '']'' wrote that Nifong "commented publicly about the strength of the medical evidence before he had seen it. He promised DNA evidence that has not materialized. He suggested that police conduct lineups in a way that conflicted with department policy."<ref name="DA">. '']''. 6 August 2006.</ref> The article went on to say that "he made a series of factual assertions that contradicted his own files: He suggested the players used condoms; he accused the players of erecting a wall of silence to thwart investigators; and he said the woman had been hit, kicked and strangled. The medical and police records show that the victim had said no condom was used, that police had interviewed three players at length and taken their DNA samples and that the accuser showed no significant bruises or injuries."<ref name="DA">. '']''. 6 August 2006.</ref> | |||
{{main|Mike Nifong}} | |||
{{Wikinews|US prosecutor Mike Nifong to be disbarred for ethics violations}} | |||
On June 16, 2007, the North Carolina State Bar ordered Nifong ] after the bar's three-member disciplinary panel unanimously found him guilty of fraud, ], ] or ]; of ] of material fact before a judge; of making false statements of material fact before bar investigators, and of lying about withholding exculpatory DNA evidence.<ref>{{cite news |last1=Setrakian |first1=Lara |last2=Francescani |first2=Chris |date=June 16, 2007 |title=Former Duke Prosecutor Nifong Disbarred |url=https://abcnews.go.com/TheLaw/story?id=3285862&page=1 |newspaper=ABC News |location=Raleigh, N.C. |access-date=May 12, 2015 |archive-date=December 8, 2021 |archive-url=https://web.archive.org/web/20211208223607/https://abcnews.go.com/TheLaw/story?id=3285862&page=1 |url-status=live }}</ref> | |||
Following the state bar's announcement, Nifong submitted a letter of resignation from his post as Durham County district attorney, that would have become effective in July 2007. However, on June 18, Durham Superior Court Judge Orlando Hudson ordered that Nifong be immediately removed from office.<ref> {{webarchive |url=https://web.archive.org/web/20160405100402/http://www.wral.com/news/local/story/1509633|date=April 5, 2016}}, wral.com, June 18, 2007.</ref> | |||
The case's prosecution has been criticized by the legal analyst for the '']'', Stuart Taylor,<ref name="Jocks_And_Prejudice">Kristof, Nicholas. . '']''. 11 June 2006 </ref> as well as '']'' columnists ]<ref name="Duke_Witch Hunt_details">Brooks, David. '']''. 28 May 2006 </ref> and ].<ref name="Jocks_And_Prejudice">Kristof, Nicholas. . '']''. 11 June 2006 </ref> ], a former ] and current ] professor as well as a ] and victims' rights ], also cites serious prosecuturial misconduct and failure to follow basic procedures.<ref>. ''].'' 9 August 2006.</ref> An investigation by CBS' '']'' "reveals disturbing facts about the conduct of the police and the district attorney, and raises serious concerns."<ref name="60 minutes">. ''60 Minutes.'' 15 Oct 2006.</ref> Several writers at '']'' have also criticized the prosecution's actions and have especially criticized the mainstream media for accepting prosecution claims at face value in light of countervailing evidence.<ref name="Witness_for_the_Prosecution?">Taylor, Stuart Jr. ''].'' 28 August 2006.</ref><ref name="Trial_By_Newspaper">Shafer, Jack. '']'' 20 April 2006</ref> | |||
On August 31, 2007, Nifong was held in criminal contempt of court for knowingly making false statements to the court during the criminal proceedings. Durham Superior Court Judge W. Osmond Smith III sentenced Nifong to one day in jail, which he subsequently served.<ref>{{cite web |url=http://www.wral.com/news/local/story/1763323 |title=Nifong Guilty of Criminal Contempt; Sentenced to 1 Day in Jail |date=August 31, 2007 |work=WRAL |access-date=June 14, 2010 |archive-date=September 18, 2021 |archive-url=https://web.archive.org/web/20210918211114/https://www.wral.com/news/local/story/1763323/ |url-status=live }}</ref> | |||
In light of the fact that Nifong failed to turn over potentially exculpatory evidence to defense lawyers on ], ], ''The News & Observer'' wrote that "to press forward in the case, District Attorney Mike Nifong must rely on scanty evidence while deflecting serious questions about whether he broke the law or violated the ethics rules governing prosecutors."<ref>, ''The News & Observer'' 24 December 2006</ref> | |||
===Crystal Mangum=== | |||
The conclusion of all this, according to ], is that "this case was the salvation of his career, by enabling" what Sowell calls a "demagogue" to go into an election "his opponent was favored to win" and "to win the black vote with inflammatory charges against white students accused of raping a black woman." <ref> and by ]</ref> | |||
{{main|Crystal Mangum}} | |||
On December 15, 2006, it was reported that Mangum was pregnant and the judge in the case ordered a paternity test.<ref name="Paternity"/><ref> {{webarchive |url=https://web.archive.org/web/20131006065416/http://www.cbsnews.com/stories/2006/10/11/60minutes/main2082140.shtml|date=October 6, 2013}}, cbsnews.com, October 15, 2006.</ref><ref> {{webarchive |url=https://web.archive.org/web/20070505185739/http://www.rightsideoftheroad.com/?p=401|date=May 5, 2007}}, rightsideoftheroad.com, January 8, 2007.</ref> | |||
In May 2008, Mangum graduated from ] with a degree in police psychology.<ref> {{webarchive |url=https://web.archive.org/web/20080519112050/http://media.www.dukechronicle.com/media/storage/paper884/news/2008/05/15/Columns/Summa.Cum.Loony-3371900.shtml|date=May 19, 2008 }}</ref> | |||
===Durham Police Department's actions=== | |||
Lawyers and media have questioned the methods of the photo identification process, have suggested that police have utilized intimidation tactics on witnesses, and have argued that the lead investigator in the case has unfairly targeted Duke students in the past. | |||
On August 22, 2008, a press release announced the planned publication in October 2008 of a memoir by Mangum, ''The Last Dance for Grace: The Crystal Mangum Story''.<ref>{{cite web |url=https://abc11.com/archive/6343080/ |title=Duke LAX accuser pens memoir - 8/22/08-Raleigh News-abc11.com |publisher=Abclocal.go.com |date=August 22, 2008 |access-date=April 16, 2010 |archive-date=March 2, 2011 |archive-url=https://web.archive.org/web/20110302113002/http://abclocal.go.com/wtvd/story?section=news%2Flocal&id=6343080 |url-status=live }}</ref> The press release indicated the book "can't and doesn't deal with the complex legal aspects of the case" but that "the muddling of facts about Crystal's life, along with North Carolina Attorney General Roy Cooper's desire to settle the dispute over open file discovery, swallowed the case whole". Defense attorney Joseph Cheshire responded to the news by saying that if the book was truthful, "I think it would be fabulous, and I don't think anybody would think badly about her in any way, shape or form", but that if the memoir did not acknowledge the falsity of her allegations against the players, that he would advise them to initiate civil action against her.<ref> {{webarchive |url=https://web.archive.org/web/20160828043730/http://www.wral.com/news/local/story/3421612|date=August 28, 2016}}, wral.com; retrieved September 5, 2008.</ref> Her book was published later that year. In it, she continued to contend that she had been raped at the party and that the dropping of the case was politically motivated. The book outlined her earlier life, including a claim that she was first raped at the age of 14.<ref>Andrew Hibbard, , dukechronicle.com; accessed November 6, 2008. {{webarchive |url=https://web.archive.org/web/20150518201243/http://www.dukechronicle.com/articles/2008/11/06/book-review-last-dance-grace|date=May 18, 2015 }}</ref> | |||
====Photo identification==== | |||
Lawyers argue that the photo identification process was severely flawed. In this case, the accuser was shown photos of 46 lacrosse players one at a time three weeks after the alleged assault, wherein she identified Seligmann and Finnerty with 100% certainty and Dave Evans with 90% certainty during her second attempt in April. Lawyers maintain that other photos of young white men should have been included to make the identification process legitimate. U.S. Department of Justice guidelines suggest five "fillers" be used for every suspect.<ref>. '']''. 21 April 2006.</ref> | |||
In November 2013, she was found guilty of ] after she stabbed boyfriend Reginald Daye, who died 10 days after.<ref name="murdercharges"> {{Webarchive |url=https://web.archive.org/web/20140924045928/http://www.newsobserver.com/2011/04/14/1129363/boyfriend-of-duke-lacrosse-accuser.html |date=September 24, 2014 }}, newsobserver.com, April 14, 2011.</ref> She argued that she acted in self-defense, fearing that Daye would kill her.<ref>{{cite news |title=Crystal Mangum, Duke lacrosse accuser, convicted, sentenced in boyfriend's stabbing death |work=New York Daily News |date=November 22, 2013 |url=https://www.nydailynews.com/news/crime/crystal-mangum-duke-lacrosse-accuser-convicted-boyfriend-stabbing-death-article-1.1526467 |access-date=March 10, 2019 |archive-date=September 18, 2021 |archive-url=https://web.archive.org/web/20210918041655/https://www.nydailynews.com/news/crime/crystal-mangum-duke-lacrosse-accuser-convicted-boyfriend-stabbing-death-article-1.1526467 |url-status=live }}</ref> She was sentenced to 14 to 18 years in prison. | |||
At least two photo lineups have been reported by the media.<ref name="PhotoLineup>. ''The News & Observer.'' Accessed on 24 December 2006.</ref> During the photo identifications, Mangum was told that she would be viewing Duke University lacrosse players who attended the party, and was asked if she remembered seeing them at the party and in what capacity. In the March identification process, Mangum selected at least five different individuals, one of whom was Reade Seligmann (whom she identified with 70% certainty). During the April identification process, Mangum identified at least 16 lacrosse players. In the disclosed report, there were only two individuals that she identified during both the March and April lineups - Brad Ross and Reade Seligmann. Ross (the only player she identified as her assailant with 100% certainity during both procedures) provided to police investigators indisputable evidence that he was with his girlfriend at ] before, during, and after the party through cell phone records and a sworn affidavit from a witness. Another person she identified in April also provided police with evidence that he did not attend the party at all. In regards to Seligmann's identification, Mangum's confidence increased from 70% in March to 100% in April. Gary Wells, an ] professor and expert on police identification procedures stated, "Memory doesn't get better with time. That's one of the | |||
things we know. How does she get more positive with time?"<ref name="PhotoLineup>. ''The News & Observer.'' Accessed on 24 December 2006.</ref> | |||
During a December 11, 2024 podcast interview, Crystal Mangum admitted that she "made up a story that wasn't true" about the white lacrosse players who attended a party where she was hired to be a stripper,<ref>{{Cite web |date=2024-12-14 |title=Woman who falsely accused US lacrosse players of rape admits she lied |url=https://www.9news.com.au/world/woman-who-falsely-accused-duke-lacrosse-players-of-rape-in-2006-publicly-admits-she-lied/82ab0c9a-b8e1-490e-b676-cbe28ed990d1 |archive-url=https://web.archive.org/web/20241214034141/https://www.9news.com.au/world/woman-who-falsely-accused-duke-lacrosse-players-of-rape-in-2006-publicly-admits-she-lied/82ab0c9a-b8e1-490e-b676-cbe28ed990d1 |url-status=live |archive-date=2024-12-14 |access-date=2024-12-15 |website=www.9news.com.au}}</ref><ref>{{Cite web |date=2024-12-15 |title=Woman who accused Duke lacrosse players of rape in 2006 now admits she lied |url=https://www.nbcnews.com/news/us-news/woman-accused-duke-lacrosse-players-rape-2006-now-admits-lied-rcna184136 |archive-url=https://web.archive.org/web/20241215020126/https://www.nbcnews.com/news/us-news/woman-accused-duke-lacrosse-players-rape-2006-now-admits-lied-rcna184136 |url-status=dead |archive-date=2024-12-15 |access-date=2024-12-15 }}</ref><ref>{{Cite web |date=2024-12-15 |title=Woman who accused Duke lacrosse players of rape in 2006 now admits she lied |url=https://www.nbcnews.com/news/us-news/woman-accused-duke-lacrosse-players-rape-2006-now-admits-lied-rcna184136 |archive-url=https://web.archive.org/web/20241215020126/https://www.nbcnews.com/news/us-news/woman-accused-duke-lacrosse-players-rape-2006-now-admits-lied-rcna184136 |url-status=dead |archive-date=2024-12-15 |access-date=2024-12-15 }}</ref> and wanted to apologize for her actions publicly.<ref>{{Cite web |title=Crystal Mangum admits to fabricating 2006 Duke lacrosse scandal accusations |url=https://www.dukechronicle.com/article/2024/12/duke-mens-lacrosse-scandal-2006-crystal-mangum-admits-fabrication-rape-18-years-later-apologizes-kat-depasquale-evans-finnerty-seligmann-brodhead-pressler-nifong |access-date=2024-12-13 |website=The Chronicle |language=en-US}}</ref><ref>Elassar, Alaa. , '']'', December 14, 2024.</ref> | |||
According to the transcript of the photo identification released on '']'', the accuser also stated that Dave Evans had a mustache on the night of the attack. Dave Evans' lawyer stated that his client never has had a mustache and that photos as well as eyewitness testimony will reveal that Dave Evans has never had a mustache.<ref>. '']''. 16 May 2006.</ref> | |||
=== |
===Seligmann, Finnerty, and Evans=== | ||
On June 18, 2007, Duke University announced that it had reached a settlement with Seligmann, Finnerty and Evans.<ref>{{Citation |url=http://www.dukenews.duke.edu/2007/06/settlement.html |title=Duke University, Three Lacrosse Players Announce Settlement |access-date=May 11, 2015 |publisher=] |date=June 18, 2007 |author=Duke Univ. Office of News and Communications |archive-url=https://web.archive.org/web/20130309050855/http://today.duke.edu/2007/06/settlement.html |archive-date=March 9, 2013 }}</ref> No details of the settlement were disclosed. | |||
Defense lawyers also suggest that police have used intimidation tactics on witnesses. On May 11, Moezeldin Elmostafa, an African American taxi driver who signed a sworn statement about Seligmann's whereabouts that defense lawyers say provides a solid alibi, was arrested on a 2½-year-old shoplifting charge. He was not the accused shoplifter, but had driven them in his cab. Elmostafa said of his arrest, "The detective asked if I had anything new to say about the lacrosse case," Elmostafa said. "When I said no, they took me to the magistrate."<ref>Neff, Joseph. Khanna, Samiha. . '']''. 11 May 2006.</ref> Furthermore, the '']'' has released that in order "o get warrants, police made statements that weren't supported by information in their files."<ref name="DA">. '']''. 6 August 2006.</ref> Mr. Elmostafa was subsequently tried on the shoplifting charge and was found not guilty.<ref>. ''The News & Observer.'' 29 August 2006.</ref> | |||
Duke reportedly agreed to pay $60 million to the three accused (with each player receiving $20 million) subject to confidentiality requirements.<ref>Flanagan, Caitlin, {{webarchive |url=https://web.archive.org/web/20160421222524/http://www.nytimes.com/2014/04/27/books/review/the-price-of-silence-by-william-d-cohan.html|date=April 21, 2016}}, nytimes.com, April 24, 2014; accessed May 11, 2015.</ref> Seligmann's attorney told the '']'' that the settlement was "nowhere near that much money".<ref>{{cite news |url=http://www.nydailynews.com/news/national/irs-claims-duke-lacrosse-player-reade-seligmann-owes-millions-lawyer-bill-mistake-article-1.135177 |title=IRS claims former Duke lacrosse player Reade Seligmann owes millions, lawyer says bill is mistake |first=Nina |last=Mandell |date=February 25, 2011 |work=] |access-date=April 17, 2015 |archive-date=September 18, 2021 |archive-url=https://web.archive.org/web/20210918041657/https://www.nydailynews.com/news/national/irs-claims-duke-lacrosse-player-reade-seligmann-owes-millions-lawyer-bill-mistake-article-1.135177 |url-status=live }}</ref> | |||
====Supervisor==== | |||
''The News & Observer'' has suggested that the supervisor of the lacrosse investigation, Sgt. Mark Gottlieb, has unfairly targeted Duke students in the past, putting some of his investigational tactics into question.<ref name=Gott>. ''The News & Observer.'' 9 Sept 2006.</ref> Gottlieb has made a disproportionate number of arrests of Duke students for misdemeanor violations, such as carrying on open container of alcohol. Normally, these violations earn offenders a pink ticket similar to a traffic ticket. From May 2005 to February 2006, when Sgt. Gottlieb was a patrol officer in District 2, he made 28 total arrests. Twenty of those arrests were Duke students, and at least 15 were handcuffed and taken to jail. This is in stark contrast to the other two officers on duty in the same district during that same 10-month period. They made 64 total arrests, only two of which were Duke students. Similarly, ''The News & Observer'' charges that Gottlieb treated nonstudents very differently. For example, he wrote up a young man for illegally carrying a concealed .45-caliber handgun and possession of ] (crimes far more severe than the Duke students who were taken to jail committed), but did not take him to jail.<ref name=Gott/> | |||
Seligmann enrolled as a student at ] in the fall of 2007, and was an important part of Brown reaching the ] as well as a number 10 national ranking.<ref name=brownu/> He became an active fundraiser and supporter for the ].<ref>Clemmons, Anna Katherine, ESPN.com, March 10, 2010. Retrieved May 11, 2015.</ref> He graduated from Brown in 2010 and from ] in 2013. He has stated that his experience during the Duke lacrosse case motivated him to attend law school and pursue a legal career.<ref>Annan-Brady, Rita, , {{webarchive |url=https://web.archive.org/web/20160521015928/http://www.newjerseyhills.com/the_progress/news/reade-seligmann-honored-for-innocence-project/article_36932f90-e7fd-11df-9417-001cc4c002e0.html|date=May 21, 2016}} ''The Progress'', online at NewJerseyHills.com, uploaded November 5, 2010; retrieved May 11, 2015.</ref><ref name=cohan602>{{cite book |last=Cohan |first=William D. |date=2015 |title=The Price of Silence: The Duke Lacrosse Scandal, The Power of the Elite, and the Corruption of Our Great Universities |url=https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA602 |location=New York |publisher=Simon & Schuster |page=602 |isbn=978-1-4516-8179-6 |access-date=May 11, 2015 |archive-date=August 18, 2021 |archive-url=https://web.archive.org/web/20210818031550/https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA602 |url-status=live }}</ref> | |||
Duke's student newspaper, ''The Chronicle,'' depicted other examples of alleged violence and dishonesty from Sgt. Gottlieb.<ref name="Chron">. ''The Chronicle.'' 11 September 2006.</ref> Allegedly, one student threw a party at his rental home off-East Campus before the ] concert in October 2005. The morning after the concert, at 3 A.M., Sgt. Gottlieb led a raid on the home with nine other officers while the students were "half asleep." One student was allegedly dragged out of bed and then dragged down the stairs. All seven housemates were put in handcuffs, arrested, and taken into custody for allegedly violating a noise ordinance and open container of alcohol violations. Sgt. Gottlieb reportedly told one student who was a U.S. citizen of Serbian heritage, "Do you need to speak to your consulate? We can deport you." Other stories include allegedly throwing a 130 pound male against his car for an open container of alcohol violation, refusing the ID of a student since he was international, searching through a purse without a warrant, refusing to tell a student her rights, and accusations of ].<ref name="Chron"/> | |||
Finnerty enrolled at ], leading the team in scoring as the ] qualified for the ].<ref name=ncaaofferstatus/> Finnerty graduated from Loyola in May 2010.<ref name=cohan602/> | |||
==Duke University Response== | |||
===Faculty groups=== | |||
Soon after the allegations were made, 88 Duke professors (commonly referred to as the "Group of 88") from the ] placed an ad in '']'' supporting the alleged victim and quoting individuals citing racism and sexism in the Duke community.<ref></ref> In three departments, more than half of faculty signed the statement. The department with the highest proportion of signatories was ] & ] Studies, with 80%. Just over 72% of the ] faculty signed the statement, ] 60%, ] 44.8%, ] 41.7%, ] 32.2%, ] & ] 30.7%, and ] 25%. No faculty members from the ] or full-time ] professors signed the document. Departments that had no faculty members sign the document include ] and ], ], ], ], ], ], ]/Literature, ] and ], ], and ] and ] Studies. Many have criticized the group for rushing to judgment in condemning the lacrosse players, but some in the group maintain that the ad made no mention of innocence or guilt, but rather elaborated on this "social disaster." | |||
Evans, who had already graduated from Duke before being charged, received an ] from the ] in May 2012.<ref name=cohan601>{{cite book |last=Cohan |first=William D. |date=2015 |title=The Price of Silence: The Duke Lacrosse Scandal, The Power of the Elite, and the Corruption of Our Great Universities |url=https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA601 |location=New York |publisher=Simon & Schuster |page=601 |isbn=978-1-4516-8179-6 |access-date=May 11, 2015 |archive-date=March 10, 2021 |archive-url=https://web.archive.org/web/20210310203256/https://books.google.com/books?id=OjbmBwAAQBAJ&pg=PA601 |url-status=live }}</ref> | |||
Seventeen faculty members of the ] department sent a letter showing support for the players on ], ], saying, "We regret that the Duke faculty is now seen as prejudiced against certain of its own students," and telling the players that they are more than welcome to enroll in their courses.<ref>. ''TIME.com.'' 6 January 2007.</ref> | |||
=== |
===Duke men's lacrosse team=== | ||
{{blockquote|text=Not a month goes by when I am not reminded of the damage those accusations have had on my reputation and the public's perception of my character. Sometimes only time can heal wounds.|author=anonymous Duke lacrosse player|title='']''|source=''Fantastic Lies'' (2016)|<!--|author=Director: Marina Zenovich-->}} | |||
A poster that "looked like a wanted poster" was distributed on campus and in nearby neighborhoods showing pictures and names of 40 members of the lacrosse team, urging them to "come forward" with information on the rape.<ref>, ''USA Today'' March 29, 2006</ref> | |||
In January 2007, lacrosse team member Kyle Dowd filed a lawsuit against Duke University and against a visiting associate professor and member of the ], Kim Curtis, claiming he and another teammate were given failing grades on their final paper as a form of retaliation after the scandal broke.<ref>{{cite web |title=Duke Civil Lawsuit |url=http://abclocal.go.com/images/wtvd/pdf/dukecivillawsuit.pdf |work=ABC News |date=April 11, 2007 |access-date=April 11, 2007 |archive-url=https://web.archive.org/web/20070620180836/http://abclocal.go.com/images/wtvd/pdf/dukecivillawsuit.pdf |archive-date=June 20, 2007 |url-status=dead }}</ref><ref name="LAX Player Lawsuit">{{cite web |url=http://abclocal.go.com/wtvd/story?section=triangle&id=4905060 |title=LAX Player Files Lawsuit Against Duke University |date=January 4, 2007 |work=ABC News |access-date=January 14, 2007 |archive-url=https://web.archive.org/web/20121107005304/http://abclocal.go.com/wtvd/story?section=triangle&id=4905060 |archive-date=November 7, 2012 |url-status=dead }}</ref> The case was settled with the terms undisclosed except that Dowd's grade was altered to a P (for "Pass").<ref name="Settlement of Dowd Case">{{cite web |url=http://www.newsobserver.com/102/story/573369.html |title=Faculty revisits case, Nifong |date=May 12, 2007 |publisher=The News&Observer |access-date=May 12, 2007 |archive-url=https://web.archive.org/web/20070922121028/http://www.newsobserver.com/102/story/573369.html |archive-date=September 22, 2007 }}</ref> | |||
===Administration=== | |||
The university placed Reade Seligmann and Collin Finnerty on interim suspension for the Spring 2006 semester following their indictment, while David Evans graduated the day before he was indicted.<ref name="ReturnStatements">. ''WRAL.com.'' 3 January 2007.</ref> Duke University policy calls for suspensions when students face felony charges. In the fall of 2006, their status was modified to "administrative leave" to allow them to make academic progress while not at the university. | |||
Professor ], who continued to accuse Dowd and the others of being "hooligans" and "rapists", called Dowd's mother "the mother of a farm animal" after she e-mailed him. Duke Provost ] responded to Baker, criticizing Baker for prejudging the team based on race and gender, citing this as a classic tactic of racism.<ref>], {{webarchive |url=https://web.archive.org/web/20160121090451/http://select.nytimes.com/2007/04/15/nyregion/15towns.html|date=January 21, 2016}}, '']'', April 15, 2007.</ref> | |||
On ], ], President ] invited the accused players back to Duke as students in good standing.<ref name="Return">. ''WRAL.com.'' 3 January 2007.</ref> They were also welcomed to participate on the lacrosse team. Brodhead explained, "We have decided that the right and fair thing to do is to welcome back Reade Seligmann and Collin Finnerty to resume their studies at Duke for the spring semester. Although the students still face serious charges and larger issues require Duke’s collective attention, the circumstances in this case have changed substantially, and it is appropriate that the students have an opportunity to continue their education."<ref name="ReturnStatements">. ''WRAL.com.'' 3 January 2007.</ref> | |||
Duke's athletic director at the time, ], who forced lacrosse coach ]'s resignation, faced criticism for his handling of this case. In 2008, Alleva announced he was leaving Duke for the athletic director position at ].<ref> {{webarchive |url=https://web.archive.org/web/20150327182516/http://www.dukechronicle.com/articles/2008/04/15/allevas-tenure-saw-dukes-best-and-worst|date=March 27, 2015 }}, ''Duke Chronicle'', April 14, 2008.</ref> The lacrosse team, reinstated for the 2007 season, reached the ] as the #1 seed. The Blue Devils lost to the ] in the championship, 12–11.<ref>{{cite news |title=Johns Hopkins 12, Duke 11 |work=NCAA Sports.com }}</ref> | |||
===President Brodhead=== | |||
The President of Duke University, ], was quoted by WRAL-TV telling the Durham Chamber of Commerce on ], ], "If our students did what is alleged, it is appalling to the worst degree. If they didn’t do it, whatever they did is bad enough."<ref>. ''WRAL Raleigh Durham Fayetteville TV', ], ]</ref> | |||
In May 2007, Duke requested that the NCAA restore a year's eligibility to the players on the 2006 men's team, part of whose season was canceled. The NCAA granted the team's request for another year of eligibility, which applies to the 33 members of the 2006 team who were underclassmen in 2006 and who remained at Duke in 2007.<ref name=brownu>{{cite web |url=https://www.espn.com/college-sports/news/story?id=2887146 |title=NCAA to allow Duke players to reclaim lost season |access-date=May 31, 2007 |work=ESPN.com |date=May 30, 2007 |archive-date=November 29, 2014 |archive-url=https://web.archive.org/web/20141129055551/http://sports.espn.go.com/ncaa/news/story?id=2887146 |url-status=live }}</ref> Four of the seniors from 2006 attended graduate school at Duke in 2007 and played for the team.<ref name=ncaaofferstatus>{{cite web |url=http://www.miamiherald.com/600/v-print/story/219560.html |title=4 return to Duke lacrosse for 5th year |date=September 29, 2007 |publisher=Miami Herald |access-date=November 9, 2007 |url-status=dead |archive-url=https://archive.today/20240524050737/https://www.webcitation.org/5TCC8bUAa?url=http://www.miamiherald.com/600/v-print/story/219560.html |archive-date=May 24, 2024 }}</ref> In 2010, the final year in which the team included fifth-year seniors (freshmen in 2006), Duke won the ] beating ], 6–5 in ], to give the school its first lacrosse championship.<ref>{{cite web |title=Duke edges Irish for first lacrosse title |url=https://www.espn.com/college-sports/news/story?id=5236683 |website=ESPN.com |date=May 31, 2010 |access-date=February 19, 2015 |archive-date=February 20, 2015 |archive-url=https://web.archive.org/web/20150220015034/http://sports.espn.go.com/ncaa/news/story?id=5236683 |url-status=live }}</ref> | |||
At the same time, Brodhead has repeatedly stated that "our students must be presumed innocent until proven otherwise,"<ref name="Brod quote">. ''The News & Observer.'' 20 December 2006.</ref><ref>. ''Duke News & Communication.'' 13 December 2006.</ref> saying it as early as ], ].<ref>. ''Duke News & Communications.'' 25 March 2006.</ref> | |||
On June 7, 2007, it was announced that lacrosse coach Mike Pressler and Duke had reached a financial settlement. Pressler was later hired as coach by Division II (now Division I) ] in Rhode Island. In October 2007, Pressler filed suit seeking to undo the settlement and hold a trial on his wrongful termination claim on the grounds that Duke spokesman John Burness had made disparaging comments about him. After Duke failed in an attempt to have the case dismissed, the matter was settled in 2010 with Duke apologizing in a press release but refusing to comment regarding any compensation to Pressler.<ref> {{webarchive |url=https://web.archive.org/web/20160609223127/http://dukechronicle.com/article/duke-settles-former-lacrosse-coach-pressler|date=June 9, 2016 }}, TheChronicle.com; accessed November 21, 2014.</ref> | |||
Shortly after the allegations were made, the first two games were forfeited due to admitted behaviors such as underage drinking.<ref name="LAXFAQ>. ''Duke Alumni Association.'' Accessed on 2 January 2007.</ref> Later, the President decided, with input from the athletics department and some of players themselves, "to suspend the remaining games until the legal situation-then involving 46 players-became clearer"; he "did not cancel the season as punishment for the serious criminal charges against the three players."<ref name="LAXFAQ>. ''Duke Alumni Association.'' Accessed on 2 January 2007.</ref> He also formed committees to examine the lacrosse team, the administration's response to the incident, the student judicial process, campus culture, and a presidential council.<ref name="BrodResp">. ''Duke News & Communication.'' 5 April 2006.</ref> | |||
===Duke University=== | |||
On ], ], Brodhead stated that "the DA's case will be on trial just as much as our students will be."<ref name="Brod quote">. ''The News & Observer.'' 20 December 2006.</ref> | |||
On September 29, 2007, Duke President Brodhead, speaking at a two-day conference at Duke Law School on the practice and ethics of trying cases in the media, apologized for "causing the families to feel abandoned when they most needed support."<ref>{{cite web |url=http://www.dukenews.duke.edu/2007/09/rhb_lawconf.html |title=Duke President Shares Lessons Learned, Regrets About Lacrosse Case |publisher=Dukenews.duke.edu |date=September 29, 2007 |access-date=April 16, 2010 |archive-url=https://archive.today/20120728103627/http://www.dukenews.duke.edu/2007/09/rhb_lawconf.html |archive-date=July 28, 2012 |url-status=dead }}</ref> | |||
On July 12, 2010, Duke demolished the house where the party had taken place, 610 North Buchanan Boulevard, after it had sat unoccupied for the four years following the Duke lacrosse case.<ref>, abclocal.go.com; retrieved July 13, 2010.</ref> | |||
After the district attorney, ], dropped the most serious rape charges against the players in December 2006, Brodhead released a statement calling for Nifong to recuse himself and questioned his actions: "Given the certainty with which the district attorney made his many public statements regarding the rape allegation, his decision today to drop that charge must call into question the validity of the remaining charges. The district attorney should now put this case in the hands of an independent party who can restore confidence in the fairness of the process. Further, Mr. Nifong has an obligation to explain to all of us his conduct in this matter."<ref>. ''Wral.com.'' 22 December 2006.</ref> | |||
=== |
===Sgt. Mark Gottlieb=== | ||
In July 2014, Sgt. Mark Gottlieb committed suicide in ], where he had worked as a ].<ref> {{webarchive |url=https://web.archive.org/web/20161014020650/http://www.wral.com/former-detective-in-duke-lacrosse-rape-case-commits-suicide-in-georgia/13792143|date=October 14, 2016}}, wral.com; retrieved July 16, 2014.</ref> | |||
Duke English Professor ] (now former professor as he was hired as a Distinguished University Professor at ] in May 2006<ref>. ''Vanderbilt News Service.'' 25 May 2006.</ref>) wrote a scathing letter on ], ], regarding the lacrosse team and the administration's response to the incident, presuming the players' guilt and talking about how the players are "safe" because of their "white male privilege".<ref name="Baker">. ''Duke News & Communication.'' 3 April 2006.</ref> | |||
==Lawsuits filed by players== | |||
Baker, an African-American, also wrote that the players were "safe under the cover of silent whiteness" and these "oung, white, violent, drunken men among us - implicitly boasted by our athletic directors and administrators." He said Duke has joined other colleges and universities in the "blind-eying of male athletes, veritably given license to rape, maraud, deploy hate speech, and feel proud of themselves in the bargain." He also explicitly stated that the lacrosse players displayed "abhorrent sexual assault, verbal racial violence, and drunken white male privilege loosed amongst us." | |||
On September 7, 2007, it was reported that the three accused players (Seligmann, Finnerty, and Evans), who had already settled with Duke University, planned to file a lawsuit for violations of their civil rights against the city of Durham and several city employees, unless the city agreed to a settlement including payment of $30 million over five years and the passage of new criminal justice reform laws. The city's liability insurance covers up to $5 million.<ref name="DurhamLawsuit"/> | |||
Duke University Provost Peter Lange wrote a response in which he repudiated Baker's rush to judgment and said "I cannot tell you how disappointed, saddened and appalled I was to receive this letter from you."<ref name="Baker">. ''Duke News & Communication.'' 3 April 2006.</ref> The Provost stated that, "A form of prejudice - one felt so often by minorities whether they be African American, Jewish or other - is the act of prejudgment: to presume that one knows something 'must' have been done by or done to someone because of his or her race, religion or other characteristic." Continuing he stated that "e do not know much about the worst of what may have happened in the incident that has inflamed our community," and concluded by stating that "adly, letters like yours do little to advance our common cause." | |||
Lawyers cited three main areas of vulnerability for the city: | |||
===James Coleman=== | |||
* The suspect-only photo identification procedure given to Mangum. | |||
The President appointed Duke Law Professor, James E. Coleman, Jr., to head the committee to examine the lacrosse team's culture.<ref name="LAXCOM">. ''Duke University News & Communications.'' 5 April 2006.</ref> Dr. Coleman, also an African-American, found that the team has exhibited "exemplary academic and athletic performance" and is "either racist or sexist. On the contrary, the coach of the Duke Women's Lacrosse team has expressed her sense of camaraderie that exists between the men's and women's team; members of the men's team, for example, consistently come to the women's games. The current as well as former African American members of the team have been extremely positive about the support the team provided them." Also in the report, while it was stated that the rates of alcohol abuse for the lacrosse team were higher than most other Duke athletic teams, "their conduct has not been different in character than the conduct of the typical Duke student who abuses alcohol."<ref name="LAXCOM">. ''Duke University News & Communications.'' 5 April 2006.</ref> | |||
* Vast discrepancies in notes taken by Investigator Benjamin Himan during his March interview with Mangum and Sgt. Gottlieb's notes in July | |||
* The release of a ] poster by the police shortly after the allegations that a woman "was sodomized, raped, assaulted and robbed. This horrific crime sent shock waves throughout our community."<ref name="DurhamLawsuit"/> | |||
Durham declined the settlement offer and on October 5, 2007, the three accused players filed a federal lawsuit alleging a broad conspiracy to frame them. Named in the suit were Nifong, the lab that handled the DNA work, the city of Durham, the city's former police chief, the deputy police chief, the two police detectives who handled the case and five other police department employees. The players were seeking unspecified damages, and also wanted to place the Durham Police Department under court supervision for 10 years, claiming the actions of the police department posed "a substantial risk of irreparable injury to other persons in the City of Durham". According to the suit, Nifong engineered the conspiracy to help him win support for his election bid. Nifong reportedly told his campaign manager that the case had "provided him with 'millions' of dollars in free advertising".<ref>{{cite web |url=http://www.newsobserver.com/content/media/2007/10/5/20071005_laxlawsuit.pdf |title=Copy of lawsuit |access-date=April 16, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20090327105944/http://www.newsobserver.com/content/media/2007/10/5/20071005_laxlawsuit.pdf |archive-date=March 27, 2009 }}</ref> | |||
Since then, Coleman has been one of the most vocal critics of Nifong's handling of the case. In an interview with ''60 Minutes'', Coleman argued that he pandered to the black community in the middle of the election campaign: "I think that he pandered to the community by saying 'I'm gonna go out there and defend your interests in seeing that these hooligans who committed the crime are prosecuted. I'm not gonna let their fathers, with all of their money, buy you know big-time lawyers and get them off. I'm doing this for you.'"<ref name="60mincole">. ''60 Minutes.'' 15 October 2006.</ref> Furthermore, Coleman stated that Nifong has committed serious prosecutorial misconduct, and if there was a conviction, there "would be a basis to have the conviction overturned based on his conduct."<ref name="60mincole">. ''60 Minutes.'' 15 October 2006.</ref> | |||
On January 15, 2008, the city of Durham filed a motion to remove itself as a defendant, arguing it had no responsibility for Nifong's actions. On the same day, Nifong filed for bankruptcy.<ref>{{cite news |url=http://www.newsobserver.com/2008/01/16/91745/nifong-files-for-bankruptcy-city.html#storylink=misearch |title=Nifong files for bankruptcy; city replies to suit |date=January 16, 2008 |access-date=October 24, 2010 |archive-date=July 3, 2014 |archive-url=https://web.archive.org/web/20140703174603/http://www.newsobserver.com/2008/01/16/91745/nifong-files-for-bankruptcy-city.html#storylink=misearch |url-status=dead }}</ref> On May 27, 2008, Judge William L. Stocks lifted the stay from Nifong's bankruptcy filing and ruled that the plaintiffs' lawsuit could go forward.<ref>{{cite news |url=http://www.foxnews.com/wires/2008May28/0,4670,DukeLacrosse,00.html |title=Judge: Duke lacrosse players can pursue lawsuit |publisher=FOXNews.com |date=May 28, 2008 |access-date=April 16, 2010 |archive-date=February 25, 2021 |archive-url=https://web.archive.org/web/20210225225940/http://www.foxnews.com/wires/2008May28/0,4670,DukeLacrosse,00.html |url-status=live }}</ref> | |||
==Wider effects== | |||
===Effects on Duke faculty=== | |||
], the coach of the lacrosse team, received threatening e-mails and hate calls, had castigating signs placed on his property, and was the frequent victim of vandalism in the aftermath of the accusations.<ref>Price, S.L, and Evans, Farrell. . ''The Augusta Chronicle.'' 26 June 2006.</ref> On ], ], he resigned shortly after the McFadyen e-mail became public. Through his lawyer, he stated that his resignation was not an admission of wrongdoing on his part, and went on to say that "Coach Pressler is no more guarantor of the behavior of 18-21 year olds than are parents of children that age."<ref>{{cite web | |||
|url=http://sports.espn.go.com/espn/print?id=2400031&type=story | |||
|title=Attorney: Pressler 'has done nothing wrong' | |||
|date=2006-04-06 | |||
|publisher=ESPN | |||
|accessdate=2007-12-14}}</ref> Likewise, Pressler's lawyer has stated that hewas "the sacrificial lamb."<ref>Price, S.L, and Evans, Farrell. . ''The Augusta Chronicle.'' 26 June 2006.</ref> On the same day, ], president of Duke University, cancelled the remainder of the lacrosse season <ref>''. ]''. 6 April 2006.</ref> | |||
On May 16, 2014, the three accused lacrosse players and the City of Durham settled their long-running lawsuit. Seligmann, Finnerty, and Evans agreed to dismiss their lawsuit and received no monetary compensation whatsoever. The city agreed to make a $50,000 grant to the North Carolina Innocence Inquiry Commission.<ref>{{cite web |url=http://www.wral.com/durham-settles-with-wrongly-accused-duke-lacrosse-players/13650645 |title=Durham settles with wrongly accused Duke lacrosse players |website=WRAL.com |date=May 16, 2014 |access-date=May 23, 2017 |archive-date=February 25, 2021 |archive-url=https://web.archive.org/web/20210225045503/https://www.wral.com/durham-settles-with-wrongly-accused-duke-lacrosse-players/13650645/ |url-status=live }}</ref> | |||
===Effect on Duke students=== | |||
Some students have stated they have been referred to as "rapists" and have been threatened. Shortly after the alleged attack, the President of the University warned in a school-wide e-mail of threats of gang violence against Duke students.<ref>. ]. 31 March 2006.</ref> Other Duke students were allegedly attacked by people at a restaurant called Cook-Out who were yelling that Cook-Out was Central Territory (NC Central is where the accuser attends school, although Duke's campus is significantly closer to Cook-Out than to NCCU's campus).<ref>. ]. 3 April 2006.</ref> | |||
==Lawsuit filed by non-accused players and their families== | |||
Lacrosse team members have had their photographs posted prominently around Durham and on the Duke University campus with accompanying captions stating that they are covering up for rapists and have information about the incident that they are not revealing. | |||
On February 21, 2008, the families of 38 of the lacrosse team's 47 members who were not accused filed a 225-page lawsuit against ], the Duke University Hospital, the city of ], and various officials of each organization for multiple claims of harassment, deprivation of civil rights, breach of contract and other claims.<ref name="Unindicted Lawsuit">{{cite news |title=Duke Lacrosse Players File Federal Lawsuit Against University, City of Durham |url=http://www.foxnews.com/story/0,2933,331568,00.html |work=Fox News |archive-url=https://web.archive.org/web/20080420171638/http://www.foxnews.com/story/0,2933,331568,00.html |archive-date=April 20, 2008 |url-status=live |access-date=May 22, 2009 |date=February 21, 2008 }}</ref> | |||
A Duke University spokesperson responded that "we have now seen the lawsuit and as we said before, if these plaintiffs have a complaint, it is with Mr. Nifong. Their legal strategy – attacking Duke – is misdirected and without merit. To help these families move on, Duke offered to cover the cost of any attorneys' fees or other out-of-pocket expenses, but they rejected this offer. We will vigorously defend the university against these claims."<ref>{{cite web |url=http://www.baltimoresun.com/sports/college/lacrosse/bal-sp.duke22feb22,0,156697.story |title=Other Duke players, parents file lawsuit |date=February 22, 2008 |publisher=Baltimore Sun |access-date=May 22, 2009 |archive-url=https://web.archive.org/web/20110604152935/http://www.baltimoresun.com/sports/college/lacrosse/bal-sp.duke22feb22,0,156697.story |archive-date=June 4, 2011 |url-status=live }}</ref><ref>{{cite news |url=http://www.foxnews.com/story/0,2933,331568,00.html |title=Duke Lacrosse Players File Federal Lawsuit Against University, City of Durham |work=FoxNews |access-date=May 22, 2009 |archive-url=https://web.archive.org/web/20080420171638/http://www.foxnews.com/story/0,2933,331568,00.html |archive-date=April 20, 2008 |url-status=live |date=February 21, 2008 }}</ref> The city never released an official response to the suit. The lawsuit against the university was settled out of court in 2013. Neither side would discuss the details of the settlement.<ref>{{cite news |url=https://www.bloomberg.com/news/2013-02-28/duke-university-lacrosse-players-end-lawsuit-against-school.html |title=Ex-Duke Lacrosse Players End Lawsuit Against School |publisher=bloomberg.com |access-date=May 21, 2017 |first=Andrew M |last=Harris |date=March 1, 2013 |archive-date=March 10, 2021 |archive-url=https://web.archive.org/web/20210310235723/http://www.bloomberg.com/news/2013-02-28/duke-university-lacrosse-players-end-lawsuit-against-school.html |url-status=live }}</ref> | |||
===Effect on community relations=== | |||
The allegations have inflamed already strained relations between Duke University and its host city of Durham, with members of the Duke lacrosse team being vilified in the press and defamed on and off campus. On ], the ] held a protest outside Duke University. Prior to the protest, representatives of the group informed Duke Police that they did not intend to enter the university <ref>. '']''. 29 April 2006</ref>; however, after the group's leader, Malik Zulu Shabazz, spoke with reporters, the protesters did try to gain access to the University campus, whereupon Duke Police denied the group entrance to the university. The group also held a rally at the university owned house where the rape allegedly occurred. <ref>. '']''. 1 May 2006.</ref> | |||
==ESPN documentary: ''Fantastic Lies''== | |||
===Effect on Duke University merchandise=== | |||
The 2016 documentary film ''Fantastic Lies'', which centered around the case and its aftermath, was part of ]'s '']'' film series. It premiered on March 13, 2016, exactly 10 years after the lacrosse players hosted the house party where Mangum claimed she was raped.<ref>{{cite magazine |last1=Deitsch |first1=Richard |title=New ESPN 30 for 30 documentary to look back at Duke lacrosse case |url=https://www.si.com/more-sports/2016/03/09/duke-lacrosse-case-look-back-media-circus |access-date=March 28, 2016 |magazine=Sports Illustrated |date=March 9, 2016 |archive-date=April 20, 2021 |archive-url=https://web.archive.org/web/20210420032355/https://www.si.com/more-sports/2016/03/09/duke-lacrosse-case-look-back-media-circus |url-status=live }}</ref> | |||
Sales of Duke University apparel, especially lacrosse ], led the Campus Store's sales to triple from March to April 2006.<ref>Duke lacrosse T-shirts hot item. ''ScienceDaily.'' 21 April 2006.</ref> | |||
Among the journalists invited to contribute was ESPN college basketball analyst and Duke graduate ], who in his other capacity as a practicing attorney later wrote a letter to the university administration criticizing their handling of the entire case and describing president ] as "incapable of effectively leading Duke into the future."<ref>{{cite news |title=A 2006 open letter on leadership and justice |url=http://www.espn.com.au/espn/story/_/id/14949958/one-duke-high-profile-alumni-pens-letter-calling-leadership-justice |access-date=March 28, 2016 |publisher=ESPN |date=March 14, 2016 |archive-date=February 24, 2021 |archive-url=https://web.archive.org/web/20210224130605/https://www.espn.com.au/espn/story/_/id/14949958/one-duke-high-profile-alumni-pens-letter-calling-leadership-justice |url-status=live }}</ref> Crystal Mangum was approached by the film crew to tell her side of the story and agreed to do so, but prison officials would not allow her to be filmed. None of the players involved in the case appeared in the film, but Seligmann's parents and Finnerty’s father did.<ref>{{cite web |url=http://www.dukechronicle.com/article/2016/03/where-are-they-now |title=Where are they now? |access-date=December 30, 2016 |url-status=live |archive-url=https://web.archive.org/web/20160930221624/http://www.dukechronicle.com/article/2016/03/where-are-they-now |archive-date=September 30, 2016 }}</ref><ref>{{cite web |url=https://www.vanityfair.com/style/2014/03/duke-lacrosse-rape-scandal-ryan-mcfadyen |title=The Duke Lacrosse Player Still Outrunning His Past |website=] |date=March 25, 2014 |access-date=December 30, 2016 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20161216050158/http://www.vanityfair.com/style/2014/03/duke-lacrosse-rape-scandal-ryan-mcfadyen |archive-date=December 16, 2016 }}</ref> | |||
===Lawsuit=== | |||
In January 2007, former Duke lacrosse team member Kyle Dowd filed a lawsuit against Duke University and former visiting associate professor Kim Curtis.<ref>{{cite web | |||
==See also== | |||
|url=http://abclocal.go.com/wtvd/story?section=triangle&id=4905060 | |||
* ] | |||
|title=LAX Player Files Lawsuit Against Duke University | |||
* ] | |||
|date=2007-01-04 | |||
* '']'' | |||
|publisher=ABC News | |||
|accessdate=2007-01-14}}</ref> In his lawsuit, Dowd claims that he and another teammate were given failing grades on their final paper by Professor Curtis "as a form of retaliation after the Duke Lacrosse scandal broke". Professor Curtis was among the "Group of 88" who published an advertisement in the Duke Chronicle supporting the accuser. According to the press report, Dowd had been receiving passing grades until the scandal, but received an "F" for his last paper and participation, leading to a final "F" grade. After graduation, his grade was adjusted upwards to a "D" with the administration citing a "calculation error". The lawsuit seeks for the grade to be changed to a "P" for pass and seeks $60,000 in damages.<ref>{{cite web | |||
|url=http://abclocal.go.com/wtvd/story?section=triangle&id=4905060 | |||
|title=LAX Player Files Lawsuit Against Duke University | |||
|date=2007-01-04 | |||
|publisher=ABC News | |||
|accessdate=2007-01-14}}</ref> | |||
==References== | ==References== | ||
{{Reflist|30em}} | |||
<div class="references-small" style="-moz-column-count:2; column-count:2;"> | |||
<references /></div> | |||
==Further reading== | |||
* ''Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case'' by ] and ] (2007); {{ISBN|0-312-36912-3}} | |||
* ''It's Not About the Truth: The Untold Story of the Duke Lacrosse Rape Case and the Lives It Shattered'' by Don Yaeger & Mike Pressler (2007); {{ISBN|1-4165-5146-8}} | |||
* ''A Rush to Injustice: How Power, Prejudice, Racism, and Political Correctness Overshadowed Truth and Justice in the Duke Lacrosse Rape Case'' by Nader Baydoun and R. Stephanie Good (2007); {{ISBN|978-1-59555-118-4}} | |||
* ''The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro'' by R. B. Parrish (2009); {{ISBN|978-1-4392-3590-4}} | |||
* ''Party Like a Lacrosse Star'' by Paul Montgomery (2007); {{ISBN|978-0-615-17150-0}} | |||
* ''The Last Dance for Grace: The Crystal Gale Mangum Story'' by ] & Edward Clark (2008); {{ISBN|978-0-9817837-0-3}} | |||
==External links== | ==External links== | ||
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* FindLaw | |||
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* FindLaw | |||
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Latest revision as of 18:32, 20 December 2024
2006 criminal case in Durham, North Carolina, United StatesA request that this article title be changed to Duke lacrosse rape hoax is under discussion. Please do not move this article until the discussion is closed. |
The Duke lacrosse case was a widely reported 2006 criminal case hoax in Durham, North Carolina, United States, in which three members of the Duke University men's lacrosse team were falsely accused of rape. The three students were David Evans, Collin Finnerty, and Reade Seligmann. The accuser, Crystal Mangum, a student at North Carolina Central University and part-time striptease dancer, alleged that the rape occurred at the Durham residence of two of the team's captains, where she had worked on March 13, 2006. Investigation and resolution of the case sparked public discussion of racism, sexual violence, media bias, and due process on campuses. The former lead prosecutor, Durham County District Attorney Mike Nifong, ultimately resigned in disgrace, and was disbarred and briefly imprisoned for violating ethics standards. In December 2024, Mangum admitted to fabricating the assault.
On April 11, 2007, North Carolina Attorney General Roy Cooper dropped all charges, declaring the three lacrosse players "innocent" and victims of a "tragic rush to accuse". Cooper described Nifong as a "rogue prosecutor"; he withdrew from the case in January 2007 after the North Carolina State Bar filed ethics charges against him. In June 2007, Nifong was disbarred for "dishonesty, fraud, deceit and misrepresentation", making him the first prosecutor in North Carolina disbarred for trial conduct. Nifong served one day in jail for lying about sharing DNA tests (criminal contempt); he had not given results to the defense team. The lab director said it was a misunderstanding and Nifong claimed it was due to weak memory. DNA analysis did not show evidence from any of the accused men; Mangum was not charged for her allegations.
Cooper noted several inconsistencies between Mangum's accounts of the evening and the alibis offered by Seligmann and Finnerty, which were supported by forensic evidence. The Durham Police Department was strongly criticized for violating their own policies by: allowing Nifong to act as the de facto head of the investigation; using an unreliable suspect-only photo identification procedure with Mangum; pursuing the case despite vast discrepancies in notes taken by Investigator Benjamin Himan and Sergeant Mark Gottlieb; and distributing a poster that appeared to presume the suspects' guilt shortly after the allegations were made public. The three students brought a civil lawsuit against Duke University, which was settled with the university paying approximately US$20 million to each claimant. The students also sought further unspecified damages and called for criminal justice reform laws in a federal civil rights lawsuit filed against the City of Durham and its police department.
Timeline of events
Events at the house
In March 2006, Crystal Mangum, a student at North Carolina Central University, had been working part-time as a stripper. She was divorced and supported two children. Although Mangum claimed that she had only recently taken up stripping, further investigating revealed that she had worked at strip clubs since at least 2002, during which time she was arrested for attempting to run over a police officer in a taxi she had stolen. The incident report stated that she had been lap dancing at a strip club that evening.
On March 13, 2006, the lacrosse team held a party at 610 North Buchanan Boulevard, a house owned by Duke University and used as the off-campus residence of the lacrosse team's captains. The team intended for the party to be compensation for having to remain on campus during spring break, due to their competition schedule, and alcohol was consumed. Several players were unaware that strippers had been hired, and only after their arrival were they asked to contribute to the strippers' fees.
A team captain contacted Allure, an escort service, and requested two white strippers. However, the two women who had arrived, Mangum and Kim Mera Roberts (aka Kim Mera Pittman), were black and biracial (half-black/half-Asian), respectively. Before arriving at the party, Mangum, by her own admission, had consumed alcohol and Flexeril (a prescription muscle relaxant). Mangum and Roberts traveled to the party separately. Roberts drove herself and arrived first, and Mangum was later dropped off by a man.
According to the team captains, while the strippers were dancing, a player asked if the women had any sex toys. Roberts responded by asking if the player's penis was too small. The player brandished a broomstick and suggested that she "use this ". At this exchange, the women stopped their performance, and left the living room, shutting themselves in the main bathroom of the house. While the women were still in the bathroom, players Seligmann and Finnerty left the house. When the women eventually came out, Mangum began roaming around the yard, half-dressed and shouting.
According to Mangum, the women were coaxed back into the house with an apology, at which point they were separated. She asserts that she was dragged into a bathroom and raped, beaten, and choked for a half hour. Later, police received a 9-1-1 call from a woman complaining that white men had gathered outside of the house where the party took place, had called her racial slurs, and threatened to sodomize her with a broomstick.
Some of the party attendees expressed displeasure that the strippers had delivered a very short performance, despite being paid several hundred dollars apiece to perform. The team captain who had hired the strippers tried to convince the women to go back inside and complete the performance. Both women returned inside, but upon being approached by the player who had earlier brandished the broomstick, again refused to perform, and once again locked themselves in the bathroom. By this point, a number of the party guests had left. House residents, including Evans, asked the remaining guests to leave because they were concerned that the noise would cause neighbors to complain to police. When the strippers left the bathroom, and the house, for the second time, a resident locked the door so they (and the guests who had left the house) could not return.
Around 1:00 a.m., while attempting to leave the party, Mangum and Roberts called the partygoers "short dick white boys", and jeered about "how he couldn't get it on his own and had to pay for it". One player responded, "We asked for whites, not niggers." Mangum and Roberts departed in Roberts's car. Roberts called 9-1-1 and reported that she had just come from 610 North Buchanan, and a "white guy" had yelled "nigger" at her from near the East Campus wall. The party ended shortly thereafter and everyone, including the residents, left the house. Police returned to the house later, as a result of Roberts' complaint, but did not receive an answer at the door; a neighbor confirmed that an earlier party had ended.
After departure
As Roberts drove away with Mangum, the two women began to argue. Roberts stopped the car and attempted to push Mangum out. When that failed, Roberts drove Mangum to a nearby Kroger supermarket, went inside, and told a female security guard that a woman was refusing to leave her car. The guard walked to the car and asked Mangum to leave, but Mangum remained in the vehicle. The guard later said she had not smelled alcohol on Mangum's breath, but thought she might have been under the influence of other drugs. At 1:22 a.m., the guard called 9-1-1 to report that Mangum was refusing to leave a vehicle that did not belong to her. Police arrived, removed Mangum from the car, and questioned her.
As Mangum had no identification, would not talk to police, was having difficulty walking, and seemed severely impaired, police took her to Durham Center Access, a mental-health and substance-abuse facility, for involuntary commitment. During the admission process, she claimed that she had been raped prior to her arrival.
Mangum was transferred to Duke University Medical Center. Examination of her skin, arms, and legs revealed no swelling, no abnormalities, and three small cuts on her right knee and right heel. When asked, she specifically, and repeatedly, denied receiving any physical blows by hands. Further examination showed no tenderness in the back, chest, and neck. There was, however, diffuse swelling of her vagina. Mangum later claimed that she had performed using a vibrator, for a couple in a hotel room, shortly before the lacrosse team party. This activity, or a yeast infection, could have caused the swelling. Investigators did not note any other injuries in the rest of the report.
McFadyen e-mail
A couple of hours after the party ended, Ryan McFadyen, a member of the lacrosse team, sent an e-mail to other players saying that he planned to have some strippers over, kill them, and cut off their skin while wearing his Duke-issue spandex and ejaculating.
The e-mail began:
To whom it may concern, tomorrow night, after tonights show, ive decided to have some strippers over to edens 2c. all are welcome.. however there will be no nudity. I plan on killing the bitches as soon as the walk in and proceding [sic] to cut their skin off while cumming in my duke issue spandex . . all in besides arch and tack please respond
Some of the players suggested the e-mail was intended as humorous irony. Administrators asserted the e-mail was in imitation of Patrick Bateman, the protagonist in the Bret Easton Ellis novel American Psycho, which was read and lectured upon in more than one Duke class, as evidenced by the e-mail responses from other players. One wrote, "I'll bring the Phil Collins," a reference to the American Psycho book and film. Police released the McFadyen e-mail but refused to release the following e-mail exchanges, leaving the impression that the McFadyen e-mail was intended as a serious threat. McFadyen thereafter received a thousand death threats in one week.
The e-mail led many people to assume guilt on the part of the players. McFadyen was not charged with any crime, but he was temporarily suspended from Duke, with the university citing safety concerns. He was invited back to Duke to continue his studies later that summer.
Investigation and prosecution
Arrests and investigation timeline
On March 14, 2006, the day after the party, the Durham Police Department (DPD) began their investigation into the rape allegations by interviewing Mangum and searching 610 North Buchanan pursuant to a warrant. The three team captains who lived at the house, including Evans, voluntarily gave statements and DNA samples to police and offered to take lie detector tests. The police turned down the offer.
The DPD made their investigation public on March 15, when Sgt. Mark Gottlieb, the police supervisor, posted on a digital community bulletin board that they were investigating the rape of a young woman by three males at 610 North Buchanan on March 13, and asking anyone in the area who saw or heard anything unusual to contact Investigator Benjamin Himan.
Between March 16 and 21, police showed Mangum photo arrays in an attempt to have her identify her attackers. Each photo array contained photographs only of lacrosse team members. This did not follow the DPD's recommended policy of including photos of individuals not regarded as potential suspects (known as "fillers"). Mangum identified Seligmann as someone who attended the party, but not as an attacker, and did not identify Evans at all despite seeing his photo twice.
On March 27, Durham County District Attorney Mike Nifong received his first briefing on the case from Gottlieb and Himan. Within a few hours of receiving the briefing, Nifong made his first public statement on the case. Over the following week, Nifong by his own estimate gave fifty to seventy interviews and devoted more than forty hours to reporters. After that he continued to make statements, albeit less frequently. Many of these statements concerned the team members' alleged failure or refusal to provide information to law enforcement authorities, their invocation of their constitutional rights, or consisted of Nifong's own opinions that a crime had occurred, that it was racially motivated, and that one or more lacrosse players were guilty.
Mangum was shown another photo array containing only photos of the 46 white lacrosse team members, including members who had not attended the party. There were no fillers included. The photos were shown to Mangum as a PowerPoint presentation, with each photo projected individually to her, rather than the pictures being arrayed together. For the first time, Mangum identified photos of Seligmann, Evans, and Finnerty as her attackers. She also identified at least one other photo as being a player who was present at the party; further investigation showed he had not been there.
On April 10, an attorney retained by one of the lacrosse players stated that time-stamped photographs existed which showed that Mangum was already injured when she arrived at the party, and was visibly impaired. Players' attorneys announced that DNA testing by the North Carolina state crime lab had failed to connect any members of the Duke men's lacrosse team to the alleged rape.
Seligmann and Finnerty were arrested and indicted on April 18 on charges of first degree forcible rape, first degree sexual offense and kidnapping. The same day, search warrants were executed on Finnerty and Seligmann's dorm rooms. Seligmann reportedly told multiple teammates, "I'm glad they picked me", alluding to a solid alibi in the form of ATM records, photographs, cell phone records, an affidavit from a taxi driver, and a record of his DukeCard being swiped at his dorm.
DNA Security Inc. (DSI), a private company engaged by Nifong to perform a second round of DNA testing, produced an incomplete report. It contained an analysis of DNA found on false fingernails discarded by Mangum in the bathroom trash bin, and concluded that 2% of the male population, including Evans, could not be excluded from a match with the fingernail DNA. DSI director Brian Meehan later testified that, pursuant to an agreement with Nifong, he had deliberately withheld information from the lab's report.
On May 15, 2006, former team captain and 2006 Duke graduate Evans was also indicted on charges of first-degree forcible rape, sexual offense and kidnapping. Just before turning himself in at the Durham County Detention Center, he publicly declared his innocence and his expectation of being cleared of the charges within weeks.
Court documents revealed that Roberts, in her initial statement, had said she was with Mangum the entire evening except for a period of less than five minutes. After hearing Mangum claim she was sexually assaulted, Roberts called those claims "a crock".
On December 22, 2006, Nifong dropped the rape charges against all three lacrosse players after Mangum told an investigator a different version of events and said she was no longer sure about some aspects of her original story. The kidnapping and sexual offense charges were still pending against all three players.
On December 28, 2006, the North Carolina bar filed ethics charges against Nifong over his conduct in the case, accusing him of making public statements that were prejudicial to the administration of justice and heightened public condemnation of the accused, and of engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. The 17-page document accused Nifong of violating four rules of professional conduct, listing more than 100 examples of statements he made to the media.
On January 12, 2007, Nifong sent a letter to North Carolina Attorney General Roy Cooper asking to be taken off the case. The following day, January 13, Cooper announced that his office would take over the case.
On January 24, 2007, the North Carolina State Bar filed a second round of ethics charges against Nifong for a systematic abuse of prosecutorial discretion that was prejudicial to the administration of justice by his withheld DNA evidence to mislead the court.
On March 23, 2007, Justin Paul Caulfield, a legal analyst for the sports magazine Inside Lacrosse, stated on Fox News that the charges against Evans, Finnerty, and Seligmann would soon be dropped. While the North Carolina Attorney General's Office first disputed the report, on April 11, 2007, it announced that it had dismissed all charges against the three lacrosse players.
Cooper also took the unusual step of declaring the accused players innocent. He announced that Mangum would not be prosecuted, stating that investigators and attorneys who had interviewed her thought "she may actually believe the many different stories that she has been telling ... it's in the best interest of justice not to bring charges".
On April 12, 2007, the attorney general, in declaring Seligmann, Finnerty, and Evans innocent, described Nifong as a "rogue prosecutor".
DNA tests
Shortly after the party, the prosecution ordered 46 of the 47 lacrosse team members to provide DNA samples, although some members had not attended the event. The sole black member of the team was exempt because Mangum had stated that her attackers were white. On April 10, 2006, the district attorney announced that DNA testing by the state crime lab did not connect any of the 46 tested team members to the alleged rape.
After the initial tests by the state crime lab, prosecutor Nifong sought the services of a private laboratory, DNA Security, Inc. (aka DSI), of Burlington, North Carolina, to conduct additional tests. DNA from multiple unidentified males had been found in forensic evidence from Mangum and upon the rape kit items that had been tested, but none matched any of the lacrosse players. Nifong falsely represented to the court and the public that DNA had been found only from a single male source, Mangum's boyfriend.
In a motion made on December 15, 2006, defense attorneys argued that the DNA analysis report written by DSI and provided to them by Nifong's office was incomplete, because it omitted information showing that none of the genetic material from several men found on Mangum matched any DNA sample from the lacrosse team. Brian Meehan, the director of DSI who wrote the misleading report, testified that his lab did not try to withhold information, but acknowledged that the decision not to release the full report violated the lab's policies. Meehan testified that after discussions with Nifong, he decided to withhold the names of the persons excluded by the DNA testing (all 46 tested members of the lacrosse team) to protect the privacy of players not implicated in the case. But two players (Seligmann and Finnerty) had already been indicted for rape more than three weeks prior to the release date of the report. Meehan was later fired in October 2007 based on his actions in this case.
DNA was also taken from all surfaces of three of Mangum's false fingernails retrieved from the trash in the party house bathroom (widely but inaccurately reported as DNA taken only from the "underside" of a single fingernail). According to DNA Security, the fingernail DNA showed some characteristics similar to Evans's DNA. However, the match was not conclusive, as 2% of the male population (including Evans) could not be excluded based on the sample. In addition, because Evans lived in the house, defense attorneys contended that any DNA present might have come from the tissue paper, cotton swabs, or other hygiene-related trash that had been in the garbage can along with the fingernail. This was confirmed later by Attorney General Cooper's investigation: "to the extent that Evans's DNA could not be excluded, the SBI experts confirmed that the DNA could easily have been transferred to the fingernails from other materials in the trash can".
Nifong contended that lack of DNA evidence is not unusual and that 75–80% of all sexual assault cases lack DNA evidence. Rape victims often delay reporting by days or weeks, inadvertently destroying DNA evidence. However, in this case, Mangum had a rape-kit exam administered only hours after the end of the party, so experts believed that it was unlikely that there ever had been DNA evidence implicating any player.
Nifong was tried for ethics violations on June 14, 2007. That day, the complete DNA findings were revealed during defense attorney Brad Bannon's testimony. According to conservative estimates, the lab had discovered at least two unidentified males' DNA in Mangum's pubic region; at least two unidentified males' DNA in her rectum; at least four to five unidentified males' DNA on her underpants; and at least one identified male's DNA in her vagina.
Finnerty previous incident
In November 2005, Finnerty and two of his Chaminade High School lacrosse teammates were charged with misdemeanor simple assault in Washington, D.C., following an altercation with a Washington man outside a Georgetown bar. Finnerty was accused of threatening and taunting the man.
Although the man alleged that Finnerty had pushed and threatened him, the man was punched by a third party (a friend of Finnerty), who admitted to the punch. Witnesses later testified that Finnerty had been hit in the head by a friend of the alleged victim. Although the man alleged that Finnerty and his companions had called him "gay" (among other derogatory names), the incident was not prosecuted as a hate crime. Finnerty was initially accepted into a diversion program for first offenders, allowing for the simple assault charge to be dismissed upon his completion of community service.
But, after Finnerty was charged in Durham, the Washington, D.C., prosecutor cancelled his diversion agreement and proceeded to trial on the assault charge.
Finnerty was convicted and sentenced to six months' probation. Afterward, he was repeatedly threatened by Judge John H. Bayly, Jr., with confinement. Once after an anonymous blog post falsely accused him of violating an order that prohibited him from being in Georgetown; and again after he was absent from home and missed an obligatory curfew in order to be in Durham to work on his defense there. But he had cleared this absence with the judge. According to R. B. Parrish, this treatment was similar to attempts by the government to pressure witnesses to testify in a certain manner. On December 28, 2006, shortly after the Durham rape charges against Finnerty were dropped, Judge Bayly ended Finnerty's probation.
In January 2007, Finnerty's assault conviction was vacated by an order signed by Bayly and his record was cleared.
Defense and media questioning
Credibility of Crystal Mangum as accuser
Possible intoxication and mental state
Lawyers for the Duke lacrosse players have said that Mangum was intoxicated with alcohol and possibly other drugs on the night of the party. By the accuser's own admission to police, she had taken prescription Flexeril and drank "one or two large-size beers" before she went to the party.
The Attorney General's office later noted that Mangum had taken Ambien, methadone, Paxil, and amitriptyline, although when she began taking these medications is uncertain. She had a long history of mental problems and reportedly was diagnosed with bipolar disorder.
Inconsistencies in Mangum's story
Over the course of the scandal, police reports, media investigations, and defense attorneys' motions and press conferences brought to light several key inconsistencies in Mangum's story.
Some of the questions about her credibility were:
- Durham police said that Mangum kept changing her story and was not credible, reporting that she initially told them she was raped by 20 white men, later reducing the number to three.
- Another police report states that Mangum initially claimed she was groped, rather than raped, but changed her story before going to the hospital.
- On December 22, 2006, Nifong dropped the rape charges after Mangum stated that she was penetrated from behind but that she did not know with what. In North Carolina, penetration with an object is considered sexual assault, not rape.
- On January 11, 2007, several more inconsistencies came to light after the defense filed a motion detailing her interview on December 21, 2006. For example, she changed details about when she was attacked, who attacked her, and how they attacked her:
- In the new version from the December 21 interview, Mangum claims she was attacked from 11:35 p.m. to midnight, much earlier than her previous accusations. This new timing was before the well-documented alibi evidence for Seligmann that placed him away from the house. However, the defense said that during this new timing, Seligmann was shown to be on the phone with his girlfriend during the height of the attack. Additionally, Mangum received an incoming call at 11:36 p.m. and somebody stayed on the line for 3 minutes, which would be during the party, according to the new timetable.
- The new statement contradicted time-stamped photos that show Mangum dancing between 12:00 and 12:04 a.m. If the revised statement time was true, it would mean that the two women stayed at the party for nearly an hour after the supposed attack. Kim Roberts left with Mangum at 12:53 a.m. In her April statement, Mangum said they left immediately after the attack.
- Mangum changed the names of her attackers, claiming they had used multiple pseudonyms.
- She also changed her description of Evans. She previously said that she was attacked by a man who looked like Evans with the addition of a mustache. Later she said this assailant had a five o'clock shadow.
- Mangum claimed that Evans stood in front of her, making her perform oral sex on him. Previously, she stated that Seligmann did this. In the latest statement, she said that Seligmann did not commit any sex act with her, and that he had said that he could not participate because he was getting married. Although he has a girlfriend, there is no evidence that they were engaged or planning marriage.
- North Carolina Attorney General Roy Cooper said Mangum told many different accounts of the attack. In one account, she claimed she was suspended in mid-air and was being assaulted by all three of them in the bathroom. Cooper said this event seemed very implausible because of the small size of the bathroom. According to a 60 Minutes investigation, Mangum gave at least a dozen different stories.
- The News & Observer, North Carolina's second largest newspaper, conducted its own investigation. It determined that Mangum gave at least five different versions of the incident to police and medical interviewers by August 2006.
- At one point, Mangum said that both Evans and Finnerty helped her into her car upon departure. However, a photo shows her being helped by another player. Electronic records and witnesses reported that Evans and Finnerty had already left before she did. Upon seeing the photo, Mangum claimed that it must have been doctored or that Duke University paid someone off.
- Mangum did not consistently identify the same three defendants in the photo lineups. Media reports have disclosed at least two photo lineups that occurred in March and April in which she was asked to recall who she saw at the party and in what capacity. In the March lineup, she did not choose Evans at all. During these two sessions, she identified only Brad Ross with 100% certainty as being at the party. After being identified, Ross provided police investigators with evidence that he was with his girlfriend at North Carolina State University before, during, and after the party—through cell phone records and an affidavit from a witness.
Other credibility issues
The Duke defense lawyers or media reports have indicated:
- The second stripper who performed at the house, Kim Roberts, said that Mangum was not raped. She stated that Mangum was not obviously hurt. Likewise, she refuted other aspects of Mangum's story including denying that she helped dress Mangum after the party and saying that they were not forcefully separated by players as Mangum had reported.
- DNA results revealed that Mangum had sex with a man who was not a Duke lacrosse player. Attorney Joseph Cheshire said the tests indicated DNA from a single male source came from a vaginal swab. Media outlets reported that this DNA was from her boyfriend. However, it was later revealed that DNA from multiple males who were neither the lacrosse players nor Mangum's boyfriend had been found, but that these findings had been deliberately withheld from the Court and the defense.
- She had made a similar claim in the past which she did not pursue. On August 18, 1996, the dancer – then 18 years old – told a police officer in Creedmoor she had been raped by three men in June 1993, according to a police document. The officer who took the woman's report at that time asked her to write a detailed timeline of the night's events and bring the account back to the police, but she never returned.
- The strip club's security officer said that Mangum told co-workers four days after the party that she was going to get money from some boys at a Duke party who had not paid her, mentioning that the boys were white. The security guard did not make a big deal of it because he felt that no one took her seriously.
- Mangum was arrested in 2002 for stealing a cab from a strip club where she had been working. She led police officers on a high-speed chase before she was apprehended, at which point her blood alcohol level was more than twice the legal limit. She was sentenced to three weekends in detention.
Durham Police Department's actions
Lawyers and media have questioned the methods of the photo identification process, and have argued that the police supervisor in the case, Sgt. Mark Gottlieb, has unfairly targeted Duke students in the past.
Photo identification
Lawyers and media reports alike suggested the photo identification process was severely flawed. During the photo identifications, Mangum was told that she would be viewing Duke University lacrosse players who attended the party, and was asked if she remembered seeing them at the party and in what capacity. Defense attorneys claimed this was essentially a "multiple-choice test in which there were no wrong answers", while Duke law professor James Earl Coleman Jr. posits that "he officer was telling the witness that all are suspects, and say, in effect, 'Pick three.' It's so wrong."
U.S. Department of Justice guidelines suggest including at least five non-suspect filler photos for each suspect included, as did the Durham Police Department's own General Order 4077, adopted in February 2006.
Ross (the only player she identified as attending the party with 100% certainty during both procedures) provided police investigators with evidence that he was with his girlfriend at North Carolina State University before, during, and after the party through cell phone records and an affidavit from a witness. Another person whom the accuser had identified in April also provided police with evidence that he did not attend the party at all. In regards to Seligmann's identification, Mangum's confidence increased from 70% in March to 100% in April. Gary Wells—an Iowa State University professor and expert on police identification procedures—has asserted that memory does not improve with time.
According to the transcript of the photo identification released on The Abrams Report, Mangum also stated that David Evans had a mustache on the night of the attack. Evans's lawyer stated that his client has never had a mustache and that photos as well as eyewitness testimony would reveal that Evans has never had a mustache.
Accusations of intimidation tactics
Defense lawyers suggested police used intimidation tactics on witnesses. On May 11, Moezeldin Elmostafa, an immigrant taxi driver who signed a sworn statement about Seligmann's whereabouts that defense lawyers say provides a solid alibi, was arrested on a 2½-year-old shoplifting charge. Arresting officers first asked if he had anything new to say about the lacrosse case. When he refused to alter his testimony, he was taken into custody. An arrest and conviction would have destroyed his chance for citizenship and could have led to his deportation. Elmostafa was subsequently tried on the shoplifting charge and acquitted, after a grainy security tape proved that a security guard who was the prosecution's chief witness had "misremembered" events.
Police also arrested Mangum's former husband, Kenneth McNeil; her boyfriend, Matthew Murchison; and another friend, with the disposition of their own separate cases entirely in the hands of District Attorney Nifong. The daughter of Durham's police chief was arrested on an old warrant, and the chief himself remained absent from duty and invisible to the press for most of the case.
Supervisor
The News & Observer suggested that the supervisor of the lacrosse investigation, Sgt. Mark Gottlieb, had unfairly targeted Duke students in the past, putting some of his investigational tactics into question. Gottlieb has made a disproportionate number of arrests of Duke students for misdemeanor violations, such as carrying an open container of alcohol. Normally, these violations earn offenders a pink ticket similar to a traffic ticket.
From May 2005 to February 2006, when Sgt. Gottlieb was a patrol officer in District 2, he made 28 total arrests. Twenty of those arrests were Duke students, and at least 15 were handcuffed and taken to jail. This is in stark contrast to the other two officers on duty in the same district during that same 10-month period. They made 64 total arrests, only two of which were Duke students. Similarly, The News & Observer charges that Gottlieb treated non-students very differently. For example, he wrote up a young man for illegally carrying a concealed .45-caliber handgun and possession of marijuana (crimes far more severe than the Duke students who were taken to jail committed), but did not take him to jail. Residents complimented Gottlieb for dealing fairly with loud parties and disorderly conduct by students.
Duke's student newspaper, The Chronicle, depicted other examples of violence and dishonesty from Sgt. Gottlieb. It published that one student threw a party at his rental home off-East Campus before a Rolling Stones concert in October 2005. The morning after the concert, at 3:00 a.m., Sgt. Gottlieb led a raid on the home with nine other officers while the students were half asleep. It reported that one student was dragged out of bed and then dragged down the stairs, that all seven housemates were put in handcuffs, arrested, and taken into custody for violating a noise ordinance and open container of alcohol violations. Sgt. Gottlieb reportedly told one student, an American citizen of Serbian descent, that he could be deported. Other stories include the throwing of a 130-pound male against his car for an open container of alcohol violation, refusing the ID of a student because he was international, searching through a purse without a warrant, refusing to tell a student her rights, and accusations of perjury.
Prosecutor Nifong's actions
Possible political motivation
At the time the rape allegations were made in March 2006, Mike Nifong was in the midst of a difficult Democratic primary election campaign to keep his position as Durham County District Attorney, facing strong opposition. It was understood that if Nifong lost the primary, he would very likely lose his job. Some commentators have opined that Nifong's prosecution of the Duke lacrosse players and his many statements to the media were driven by his political strategy to attract African-American voters. The primary was held on May 6, 2006, and Nifong won by a slim margin of 883 votes. Results showed Nifong won the primary on the basis of strong support from the black community. Nifong went on to win the general election in November 2006, although by a lower margin than usual for Democratic candidates in Durham County at that time.
Prosecution's chief investigator
Nifong hired Linwood E. Wilson as his chief investigator. During Wilson's private detective career, at least seven formal inquiries into his conduct were performed. In 1997, Wilson was reprimanded by the state commission. After his appeal of the decision was rejected, he allowed his detective license to expire. In response to criticism, Wilson stated that no one had ever questioned his integrity. On June 25, 2007, shortly after Nifong's disbarment and removal from office, it was reported that Nifong's replacement, interim district attorney Jim Hardin Jr., fired Wilson from his post.
Wider effects
Effects on Duke faculty
Mike Pressler, the coach of the lacrosse team, received threatening e-mails and hate calls, had castigating signs placed on his property, and was the frequent victim of vandalism in the aftermath of the accusations. On April 5, 2006, he resigned (later revealed to have been forced) shortly after the McFadyen e-mail became public. Through his lawyer, he stated that his resignation was not an admission of wrongdoing on his part. On the same day, Richard H. Brodhead, president of Duke University, suspended the remainder of the lacrosse season.
Other Duke faculty members (sometimes referred to as the Group of 88 or the "Gang of 88") have been criticized for their "Social Disaster" letter as well as individual comments and reactions which created a perception of prejudgment.
Effect on Duke students
Shortly after the party, the University's president warned in a school-wide e-mail of threats of gang violence against Duke students. Other Duke students claimed they had been threatened. Mobs protested outside the house that had been the site of the party, banging pots and pans at early hours of the morning.
Photographs of lacrosse team members had been posted prominently around Durham and on the Duke University campus with accompanying captions requesting that they come forward with information about the incident.
Media policies regarding identity revelation of accusers and accused
Fox News was the sole national television news outlet to reveal Mangum's photo following the dismissal of the case, although MSNBC and 60 Minutes revealed her name. Several major broadcasters did not publish Mangum's name at any point, including ABC, PBS, CNN, and NBC.
Publication of Mangum's identity
Partially obscured photos of Mangum at the party were broadcast by The Abrams Report on cable news channel MSNBC and by local television affiliate NBC 17 WNCN in North Carolina. On April 21, 2006, outspoken talk-radio host Tom Leykis disclosed Mangum's name during his nationally syndicated talk-radio program. Leykis has disclosed identities of accusers of sexual assault in the past. On May 15, 2006, MSNBC host Tucker Carlson disclosed Mangum's first name only on his show, Tucker. Court records presented by the defense revealed Mangum's name.
On April 11, 2007, several other mainstream media sources revealed or used Mangum's name and/or picture after the attorney general dropped all the charges and declared the players innocent. These sources include: CBS, The News & Observer, WRAL, all The McClatchy Company's newspapers (which includes 24 newspapers across the country), Fox News, The Charlotte Observer, the New York Post, Comedy Central's The Daily Show (airdate April 12, 2007) and MSNBC.
Effect on community relations
The allegations have inflamed already strained relations between Duke University and its host city of Durham, with members of the Duke lacrosse team being vilified in the press and defamed on and off campus. On May 1, 2006, the New Black Panthers held a protest outside Duke University. Many of the protestors were wearing knives on their belts. "Before entering the campus, a leader of the protest said ‘We are conducting an independent investigation, and we intend to enter the campus and interview lacrosse players. We seek to ensure an adequate, strong, and vigorous prosecution.’ How scary is that? How could these kids be safe, in class and on campus? It tells you how out of control the thinking was, how crazy the moment was." The case drew national attention and highlighted racial tensions within the Durham area.
Jesse Jackson and Rainbow/PUSH involvement
In 2006, Jesse Jackson promised the Rainbow/PUSH Coalition would pay the college tuition for Mangum. Jackson said the tuition offer would still be good even if Mangum had fabricated her story.
Aftermath
Main article: Reactions to the Duke lacrosse caseMike Nifong
Main article: Mike NifongOn June 16, 2007, the North Carolina State Bar ordered Nifong disbarred after the bar's three-member disciplinary panel unanimously found him guilty of fraud, dishonesty, deceit or misrepresentation; of making false statements of material fact before a judge; of making false statements of material fact before bar investigators, and of lying about withholding exculpatory DNA evidence.
Following the state bar's announcement, Nifong submitted a letter of resignation from his post as Durham County district attorney, that would have become effective in July 2007. However, on June 18, Durham Superior Court Judge Orlando Hudson ordered that Nifong be immediately removed from office.
On August 31, 2007, Nifong was held in criminal contempt of court for knowingly making false statements to the court during the criminal proceedings. Durham Superior Court Judge W. Osmond Smith III sentenced Nifong to one day in jail, which he subsequently served.
Crystal Mangum
Main article: Crystal MangumOn December 15, 2006, it was reported that Mangum was pregnant and the judge in the case ordered a paternity test.
In May 2008, Mangum graduated from North Carolina Central University with a degree in police psychology.
On August 22, 2008, a press release announced the planned publication in October 2008 of a memoir by Mangum, The Last Dance for Grace: The Crystal Mangum Story. The press release indicated the book "can't and doesn't deal with the complex legal aspects of the case" but that "the muddling of facts about Crystal's life, along with North Carolina Attorney General Roy Cooper's desire to settle the dispute over open file discovery, swallowed the case whole". Defense attorney Joseph Cheshire responded to the news by saying that if the book was truthful, "I think it would be fabulous, and I don't think anybody would think badly about her in any way, shape or form", but that if the memoir did not acknowledge the falsity of her allegations against the players, that he would advise them to initiate civil action against her. Her book was published later that year. In it, she continued to contend that she had been raped at the party and that the dropping of the case was politically motivated. The book outlined her earlier life, including a claim that she was first raped at the age of 14.
In November 2013, she was found guilty of second-degree murder after she stabbed boyfriend Reginald Daye, who died 10 days after. She argued that she acted in self-defense, fearing that Daye would kill her. She was sentenced to 14 to 18 years in prison.
During a December 11, 2024 podcast interview, Crystal Mangum admitted that she "made up a story that wasn't true" about the white lacrosse players who attended a party where she was hired to be a stripper, and wanted to apologize for her actions publicly.
Seligmann, Finnerty, and Evans
On June 18, 2007, Duke University announced that it had reached a settlement with Seligmann, Finnerty and Evans. No details of the settlement were disclosed.
Duke reportedly agreed to pay $60 million to the three accused (with each player receiving $20 million) subject to confidentiality requirements. Seligmann's attorney told the New York Daily News that the settlement was "nowhere near that much money".
Seligmann enrolled as a student at Brown University in the fall of 2007, and was an important part of Brown reaching the 2009 NCAA lacrosse tournament as well as a number 10 national ranking. He became an active fundraiser and supporter for the Innocence Project. He graduated from Brown in 2010 and from Emory University School of Law in 2013. He has stated that his experience during the Duke lacrosse case motivated him to attend law school and pursue a legal career.
Finnerty enrolled at Loyola College in Maryland, leading the team in scoring as the Greyhounds qualified for the 2010 NCAA lacrosse tournament. Finnerty graduated from Loyola in May 2010.
Evans, who had already graduated from Duke before being charged, received an MBA from the Wharton School of the University of Pennsylvania in May 2012.
Duke men's lacrosse team
Not a month goes by when I am not reminded of the damage those accusations have had on my reputation and the public's perception of my character. Sometimes only time can heal wounds.
— anonymous Duke lacrosse player, 30 for 30, Fantastic Lies (2016)
In January 2007, lacrosse team member Kyle Dowd filed a lawsuit against Duke University and against a visiting associate professor and member of the Group of 88, Kim Curtis, claiming he and another teammate were given failing grades on their final paper as a form of retaliation after the scandal broke. The case was settled with the terms undisclosed except that Dowd's grade was altered to a P (for "Pass").
Professor Houston Baker, who continued to accuse Dowd and the others of being "hooligans" and "rapists", called Dowd's mother "the mother of a farm animal" after she e-mailed him. Duke Provost Peter Lange responded to Baker, criticizing Baker for prejudging the team based on race and gender, citing this as a classic tactic of racism.
Duke's athletic director at the time, Joe Alleva, who forced lacrosse coach Mike Pressler's resignation, faced criticism for his handling of this case. In 2008, Alleva announced he was leaving Duke for the athletic director position at Louisiana State University. The lacrosse team, reinstated for the 2007 season, reached the NCAA Finals as the #1 seed. The Blue Devils lost to the Johns Hopkins University Blue Jays in the championship, 12–11.
In May 2007, Duke requested that the NCAA restore a year's eligibility to the players on the 2006 men's team, part of whose season was canceled. The NCAA granted the team's request for another year of eligibility, which applies to the 33 members of the 2006 team who were underclassmen in 2006 and who remained at Duke in 2007. Four of the seniors from 2006 attended graduate school at Duke in 2007 and played for the team. In 2010, the final year in which the team included fifth-year seniors (freshmen in 2006), Duke won the NCAA Lacrosse Championship beating Notre Dame, 6–5 in overtime, to give the school its first lacrosse championship.
On June 7, 2007, it was announced that lacrosse coach Mike Pressler and Duke had reached a financial settlement. Pressler was later hired as coach by Division II (now Division I) Bryant University in Rhode Island. In October 2007, Pressler filed suit seeking to undo the settlement and hold a trial on his wrongful termination claim on the grounds that Duke spokesman John Burness had made disparaging comments about him. After Duke failed in an attempt to have the case dismissed, the matter was settled in 2010 with Duke apologizing in a press release but refusing to comment regarding any compensation to Pressler.
Duke University
On September 29, 2007, Duke President Brodhead, speaking at a two-day conference at Duke Law School on the practice and ethics of trying cases in the media, apologized for "causing the families to feel abandoned when they most needed support."
On July 12, 2010, Duke demolished the house where the party had taken place, 610 North Buchanan Boulevard, after it had sat unoccupied for the four years following the Duke lacrosse case.
Sgt. Mark Gottlieb
In July 2014, Sgt. Mark Gottlieb committed suicide in DeKalb County, Georgia, where he had worked as a paramedic.
Lawsuits filed by players
On September 7, 2007, it was reported that the three accused players (Seligmann, Finnerty, and Evans), who had already settled with Duke University, planned to file a lawsuit for violations of their civil rights against the city of Durham and several city employees, unless the city agreed to a settlement including payment of $30 million over five years and the passage of new criminal justice reform laws. The city's liability insurance covers up to $5 million.
Lawyers cited three main areas of vulnerability for the city:
- The suspect-only photo identification procedure given to Mangum.
- Vast discrepancies in notes taken by Investigator Benjamin Himan during his March interview with Mangum and Sgt. Gottlieb's notes in July
- The release of a CrimeStoppers poster by the police shortly after the allegations that a woman "was sodomized, raped, assaulted and robbed. This horrific crime sent shock waves throughout our community."
Durham declined the settlement offer and on October 5, 2007, the three accused players filed a federal lawsuit alleging a broad conspiracy to frame them. Named in the suit were Nifong, the lab that handled the DNA work, the city of Durham, the city's former police chief, the deputy police chief, the two police detectives who handled the case and five other police department employees. The players were seeking unspecified damages, and also wanted to place the Durham Police Department under court supervision for 10 years, claiming the actions of the police department posed "a substantial risk of irreparable injury to other persons in the City of Durham". According to the suit, Nifong engineered the conspiracy to help him win support for his election bid. Nifong reportedly told his campaign manager that the case had "provided him with 'millions' of dollars in free advertising".
On January 15, 2008, the city of Durham filed a motion to remove itself as a defendant, arguing it had no responsibility for Nifong's actions. On the same day, Nifong filed for bankruptcy. On May 27, 2008, Judge William L. Stocks lifted the stay from Nifong's bankruptcy filing and ruled that the plaintiffs' lawsuit could go forward.
On May 16, 2014, the three accused lacrosse players and the City of Durham settled their long-running lawsuit. Seligmann, Finnerty, and Evans agreed to dismiss their lawsuit and received no monetary compensation whatsoever. The city agreed to make a $50,000 grant to the North Carolina Innocence Inquiry Commission.
Lawsuit filed by non-accused players and their families
On February 21, 2008, the families of 38 of the lacrosse team's 47 members who were not accused filed a 225-page lawsuit against Duke University, the Duke University Hospital, the city of Durham, and various officials of each organization for multiple claims of harassment, deprivation of civil rights, breach of contract and other claims.
A Duke University spokesperson responded that "we have now seen the lawsuit and as we said before, if these plaintiffs have a complaint, it is with Mr. Nifong. Their legal strategy – attacking Duke – is misdirected and without merit. To help these families move on, Duke offered to cover the cost of any attorneys' fees or other out-of-pocket expenses, but they rejected this offer. We will vigorously defend the university against these claims." The city never released an official response to the suit. The lawsuit against the university was settled out of court in 2013. Neither side would discuss the details of the settlement.
ESPN documentary: Fantastic Lies
The 2016 documentary film Fantastic Lies, which centered around the case and its aftermath, was part of ESPN's 30 for 30 film series. It premiered on March 13, 2016, exactly 10 years after the lacrosse players hosted the house party where Mangum claimed she was raped.
Among the journalists invited to contribute was ESPN college basketball analyst and Duke graduate Jay Bilas, who in his other capacity as a practicing attorney later wrote a letter to the university administration criticizing their handling of the entire case and describing president Brodhead as "incapable of effectively leading Duke into the future." Crystal Mangum was approached by the film crew to tell her side of the story and agreed to do so, but prison officials would not allow her to be filmed. None of the players involved in the case appeared in the film, but Seligmann's parents and Finnerty’s father did.
See also
References
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Further reading
- Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case by Stuart Taylor Jr. and KC Johnson (2007); ISBN 0-312-36912-3
- It's Not About the Truth: The Untold Story of the Duke Lacrosse Rape Case and the Lives It Shattered by Don Yaeger & Mike Pressler (2007); ISBN 1-4165-5146-8
- A Rush to Injustice: How Power, Prejudice, Racism, and Political Correctness Overshadowed Truth and Justice in the Duke Lacrosse Rape Case by Nader Baydoun and R. Stephanie Good (2007); ISBN 978-1-59555-118-4
- The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro by R. B. Parrish (2009); ISBN 978-1-4392-3590-4
- Party Like a Lacrosse Star by Paul Montgomery (2007); ISBN 978-0-615-17150-0
- The Last Dance for Grace: The Crystal Gale Mangum Story by Crystal Gale Mangum & Edward Clark (2008); ISBN 978-0-9817837-0-3
External links
- Collected stories from The (Raleigh, N.C.) News & Observer
- "Duke Rape Scandal" Photo Gallery via Court TV
- Video: Duke Jurors Speak (Grand Jury)
- Exclusive: Duke Lacrosse Grand Jurors Speak Out - ABC News
- Complete transcript and audio of Duke University President Richard Brodhead's Apology and Address on the Ethics and Practice of Trying Cases in the Media - AmericanRhetoric.com
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