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The 2006 Duke University lacrosse team scandal began in April 2006 when three members of Duke University's men's lacrosse team were accused of raping escort service stripper Crystal Gail Mangum during a party held at the residence of two of the team captains, leading to the indictment of three players. David Evans of Bethesda, Maryland, Reade Seligmann of Essex Fells, New Jersey, and Collin Finnerty of Garden City, New York were charged with first degree forcible rape, first degree sexual offense, and kidnapping. 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 Durham, North Carolina area.

Many have criticized Durham District Attorney Mike Nifong, 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, and arguably improper actions by the police that undermine the investigation. United States Attorney General Alberto Gonzales has stated his office might investigate how Nifong has handled the case. Both sides have been accused of using the media to their benefit. 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.

On December 22, 2006, Nifong dropped the rape charges against the three indicted players. Charges of sexual offense and kidnapping remain.

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 of engaging in "conduct involving dishonesty, fraud, deceit, or misrepresentation."

On January 12, 2007, Nifong sent a letter to North Carolina Attorney General Roy Cooper asking to be taken off the case, giving the responsibility for the case to the Attorney General's office. On January 13, 2007 Attorney General Roy Cooper announced that his office would take over the case.

Timeline of events

Template:Wikinewshas The alleged victim is a 27-year-old African-American woman named Crystal Gail Mangum. She served in the United States Navy, is a single mother, and a student at North Carolina Central University, a state-owned and historically black (HBCU) college located in Durham, North Carolina. She claims that, on March 13, 2006, 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.

Before arrival

In an interview with a local newspaper, Mangum said she had worked for an escort service for two months, meeting clients one-on-one several times a week. She said, however, that this was the first time she had been hired to perform a striptease 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. Fox News reports she acknowledged having sex with at least three men before the party took place. 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. 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.

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.

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. Tensions increased and shouting ensued on both sides, with at least one of the dancers and some players making racial slurs.

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." Instead, the second dancer drove Mangum to Kroger 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.

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. She was transferred to Duke University Medical Center and received treatment for genital injuries which a doctor and nurse said were consistent with rape according to Mike Nifong's initial statements. However, more recent stories state that the findings from the medical exam are not consistent with rape. 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." 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. 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."

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."

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 March 14 2006. The players' defense attorney has called this a "vile" e-mail. The players suggest that the e-mail was conceived as humorous irony. Administrators say the email was an imitation of a character in the Bret Easton Ellis novel American Psycho. McFadyen was not indicted of any crime, but was suspended from the university due to safety concerns. However, on June 29, 2006, the university reinstated him.

Minute-by-minute list of events

The Duke student newspaper, The Chronicle, published this list of events.

Timeline of March 13

Based on several published reports, The Chronicle offers readers a timeline for the night of March 13 and the early morning of March 14.

11:30 p.m. - Approximate time, according to a Durham police warrant, of the two exotic dancers' arrival at 610 N. Buchanan Blvd.

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.

12:00 a.m. - Bissey sees the two women enter the house.

12:02 a.m. - A time-stamped photo provided by defense attorneys shows women dancing in front of the lacrosse players.

12:03 a.m. - Another photo shows both dancers leaving the party.

12:03 a.m.-12:30 a.m. - There is a 27-minute gap where no photos were taken.

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.

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.

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.

12:25 a.m. - Seligmann calls his girlfriend, another Duke sophomore, on his cell phone.

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.

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.

12:37 a.m. - A photo shows the woman lying on her side on the porch, apparently passed out.

12:41 a.m. - A photo shows the woman sitting in the passenger seat of a car with the door open.

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

12:46 a.m. - Seligmann's DukeCard is used to gain access to his Edens dormitory.

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.

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.

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."

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."

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."

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.

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, April 10, 2006, 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. 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. It has been reported that this DNA was from her boyfriend.

On December 13, 2006, 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." The tests from the private laboratory alone cost taxpayers almost $23,000.

On December 15, 2006, 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." 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." 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." 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."

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. 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 sexual assault cases lack DNA evidence.

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.

Arrests and indictments

On April 18, 2006, two members of the lacrosse team, Collin Finnerty (20) and Reade Seligmann (20), were arrested and indicted on charges of first degree forcible rape, first degree sexual offense and kidnapping.

On May 15, 2006, 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. 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.

On December 22, 2006, prosecutors in the case dropped the rape charges against the three indicted players. Charges of kidnapping and sexual assault remain.

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. Reade Seligmann was one of five Delbarton School alumni on the lacrosse team. 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. Dave Evans, a graduate of the Landon School in Bethesda, Maryland, has two violations on his record: a noise violation and an open container of alcohol violation.

Developments in the case

On April 10, 2006, defense attorneys stated that time-stamped photographs exist that show the dancer was injured upon arrival and "very impaired." The photos were later aired on MSNBC. On April 18, search warrants were executed on Finnerty and Seligmann's dorm rooms. Items seized include an iPod and other computer materials that investigators listed in their warrant application.

On April 19, 2006, ABC News 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 Wachovia bank. An ATM 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.

On June 8, 2006, 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."

On December 15, 2006, it was reported that accuser is pregnant and the judge in the case has ordered a paternity test. 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, 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."

On December 22, 2006, 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.

On December 28, 2006, 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." 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.

On January 12, 2007, 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. On January 13, 2007 Attorney General Roy Cooper announced that his office would take over the case.

Publication of the accuser's identity

Partly obscured photos of the accuser 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. The accuser claimed she was forced into "virtual hiding" as a result and had "stay with different friends almost every night."

On April 21, outspoken talk-radio host Tom Leykis disclosed the name of the rape accuser during his nationally syndicated talk-radio program. Leykis has disclosed identities of alleged victims of sexual assault in the past. On May 15, MSNBC host Tucker Carlson disclosed the first name of the rape accuser on his show, Tucker. Court records presented by the defense reveal the accuser's name to be Crystal Gail Mangum. This name matches the name given by both Tom Leykis and Tucker Carlson months prior.

Defense and media questioning

Credibility of the accuser

Lawyers for the Duke lacrosse players have said that Mangum was intoxicated and possibly on drugs. 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:

• 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.

• 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.

• 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.)

• 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."

• 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.

• 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 March 13 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." 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.

• According to the Platinum Club owner, the accuser danced at the club on March 23, 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. 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.

• 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."

Inconsistencies in accuser's story

Police reports, media investigations, and defense attorneys' motions and press conferences have brought to light several inconsistencies in the Mangum's story, which include:

• 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.
• 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.
• 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.
• Mangum did not consistently choose the same three defendants in the photo lineups. 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 North Carolina State University before, during, and after the party through cell phone records and a sworn affidavit from a witness.
• A police report released June 23, 2006, said that Mangum initially claimed she was "attacked by five men and changed her story several times."
• On December 22, 2006, Nifong dropped the rape charges after Mangum changed her story and stated that she " no longer certain whether she was penetrated vaginally"
• On January 11, 2007, several more inconsistencies cames 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 is before the well-documented alibi evidence for Reade Seligmann that places him away from the house. However, the defense revealed that this new timing would suggest Seligmann was on the phone with his girlfriend during the height of the attack. 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.
• The new statement contradicts time stamped photos that show her dancing between 12:00 and 12:04 a.m. 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. In her April statement, Mangum said they left immediately after the attack.
• Mangum changed the names of her alleged attackers, saying they used multiple pseudonyms. 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.
• The accuser also changed her description of Evans. 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."
• 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 stated that Seligmann "did not commit any sex act on her e said he could not participate because he was getting married." Although he has a girlfriend, there has never been anything to suggest he was engaged or getting married.

• In its own investigation, The News & Observer, 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.

District attorney's actions

Defense lawyers and media outlets have been very critical about how the Durham District Attorney, Mike Nifong, 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 exculpatory evidence 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. Media outlets that have launched blistering attacks on Nifong, demanding his resignation or recusal from the case, include, but are not limited to: 60 Minutes, The New York Times, The News & Observer, New York Magazine, Washington Post, Washington Times, L.A. Times, New York Daily News, National Journal, Newsweek, Charlotte Observer, Newark Star-Ledger, San Diego Union Tribune, Rocky Mountain News, Greensboro News-Record, and Wilmington Star.

Nifong, by his own account, gave 50 to 70 interviews in a one week period. The News & Observer has confirmed that Nifong granted "more than 50 interviews", many with national news organizations. In these interviews, Nifong repeatedly said that he is "confident that a rape occurred," calling the players "a bunch of hooligans" whose "daddies could buy them expensive lawyers." Since early April, however, Nifong has generally refused to talk to the media.

On July 18, 2006, 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.

On October 27, 2006, 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."

On December 13, 2006, 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 May 12, 2006. DNA findings, by law, must be immediately reported to the defense.

On December 16, 2006, 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.

Rep. Walter Jones, R-NC, wrote a letter to Attorney General Alberto Gonzales on December 12, 2006, "asking for an investigation into Nifong to determine whether he is guilty of prosecutorial misconduct".

On December 28, 2006, the North Carolina bar association 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." 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.

On January 12, 2007, 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.

The News & Observer 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." 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."

The case's prosecution has been criticized by the legal analyst for the National Journal, Stuart Taylor, as well as New York Times columnists David Brooks and Nicholas Kristof. Susan Estrich, a former Harvard law and current USC law professor as well as a feminist and victims' rights advocate, also cites serious prosecuturial misconduct and failure to follow basic procedures. An investigation by CBS' 60 Minutes "reveals disturbing facts about the conduct of the police and the district attorney, and raises serious concerns." Several writers at Slate 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.

In light of the fact that Nifong failed to turn over potentially exculpatory evidence to defense lawyers on December 22, 2006, 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."

The conclusion of all this, according to Thomas Sowell, 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."

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.

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.

At least two photo lineups have been reported by the media. 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 North Carolina State University 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 Iowa State University 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?"

According to the transcript of the photo identification released on The Abrams Report, 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.

Alleged intimidation tactics

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." Furthermore, the News & Observer has released that in order "o get warrants, police made statements that weren't supported by information in their files." Mr. Elmostafa was subsequently tried on the shoplifting charge and was found not guilty.

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. 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 marijuana (crimes far more severe than the Duke students who were taken to jail committed), but did not take him to jail.

Duke's student newspaper, The Chronicle, depicted other examples of alleged violence and dishonesty from Sgt. Gottlieb. Allegedly, one student threw a party at his rental home off-East Campus before the Rolling Stones 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 perjury.

Duke University Response

Faculty groups

Soon after the allegations were made, 88 Duke professors (commonly referred to as the "Group of 88") from the Trinity College of Arts & Sciences placed an ad in The Chronicle supporting the alleged victim and quoting individuals citing racism and sexism in the Duke community. In three departments, more than half of faculty signed the statement. The department with the highest proportion of signatories was African & African-American Studies, with 80%. Just over 72% of the Women's Studies faculty signed the statement, Cultural Anthropology 60%, Romance studies 44.8%, Literature 41.7%, English 32.2%, Art & Art History 30.7%, and History 25%. No faculty members from the Pratt School of Engineering or full-time law professors signed the document. Departments that had no faculty members sign the document include Biological Anthropology and Anatomy, Biology, Chemistry, Computer Science, Economics, Genetics, Germanic Languages/Literature, Psychology and Neuroscience, Religion, and Slavic and Eurasian 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."

Seventeen faculty members of the economics department sent a letter showing support for the players on January 6, 2007, 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.

Campus groups

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.

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. 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.

On January 3, 2007, President Richard H. Brodhead invited the accused players back to Duke as students in good standing. 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."

President Brodhead

The President of Duke University, Richard H. Brodhead, was quoted by WRAL-TV telling the Durham Chamber of Commerce on April 20, 2006, "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."

At the same time, Brodhead has repeatedly stated that "our students must be presumed innocent until proven otherwise," saying it as early as March 25, 2006.

Shortly after the allegations were made, the first two games were forfeited due to admitted behaviors such as underage drinking. 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." 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.

On December 20, 2006, Brodhead stated that "the DA's case will be on trial just as much as our students will be."

After the district attorney, Mike Nifong, 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."

Houston Baker

Duke English Professor Houston Baker (now former professor as he was hired as a Distinguished University Professor at Vanderbilt University in May 2006) wrote a scathing letter on March 29, 2006, 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".

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."

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." 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."Full version of both letters

James Coleman

The President appointed Duke Law Professor, James E. Coleman, Jr., to head the committee to examine the lacrosse team's culture. 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."

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.'" 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."

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 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." Likewise, Pressler's lawyer has stated that hewas "the sacrificial lamb." On the same day, Richard H. Brodhead, president of Duke University, cancelled the remainder of the lacrosse season

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. 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).

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.

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, the New Black Panthers 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 ; 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.

Effect on Duke University merchandise

Sales of Duke University apparel, especially lacrosse t-shirts, led the Campus Store's sales to triple from March to April 2006.

Lawsuit

In January 2007, former Duke lacrosse team member Kyle Dowd filed a lawsuit against Duke University and former visiting associate professor Kim Curtis. 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.

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External links

• CBS 60 Minutes' segment "Duke Rape Suspects Speak Out"
• Duke Rape Scandal Photo Gallery
• Indictments (North Carolina v. Finnerty, Seligmann) FindLaw
• Dorm Room Search Warrants FindLaw
• NPR: Duke Lacrosse Players Arrested on Rape Charges
• State Bar Complaint against Mike Nifong
• Collected stories from The (Raleigh, N.C.) News & Observer
• Actual McFadyen email from The Smoking Gun
• Mangum's criminal record
• Viewing the case in a larger jurisprudential context
• Coverage and commentary by KC Johnson, a Professor of History at Brooklyn College

• Current events
• 2006 in sports
• 2006 in the United States
• Current sports events
• Duke University athletics
• History of North Carolina
• Lacrosse