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Tuesday, December 12th 2006

So This Is What Stubborn Prosecution Gets You

A North Carolina representative asks SoJ Gonzales to investigate possible civil rights violations by Nifong against the three Duke lacrosse players accused of rape. (H/T Drudge)

LieStoppers has a link to a Renew America article on why the Duke lacrosse rape case should be dismissed.

A case can be made for moving to suppress so much that the case collapses, but a better case can be made for dismissal (even though Mr. Nifong may be even more insulted by a motion for dismissal).

North Carolina General Statutes 15A-954(a)(4) mandates that, on motion, the court “must dismiss the charges stated in a criminal pleading if it determines that…[t]he defendant’s constitutional rights have been flagrantly violated and there is such irreparable prejudice to the defendant’s preparation of his case that there is no remedy but to dismiss the prosecution,.” and North Carolina General Statutes 15A-954(c) permits such a motion “at any time.”

Who doubts that the Duke case defense team can show that the Duke Three’s constitutional rights to due process and equal protection have been flagrantly violated, to their irreparable prejudice?

I do not.

As well as another call for immediately dismissal here and more gregarious behavior from the victim.

Four days after she said she was raped, the accuser in the Duke lacrosse case told co-workers at a Hillsborough strip club that she was going to get money from some boys at a Duke party who hadn’t paid her, the club’s former security manager said.

“She basically said, ‘I’m going to get paid by the white boys,’ ” H.P. Thomas, the former security manager at the Platinum Club, said in an interview Friday. “I said, ‘Whatever,’ because no one takes her seriously.”

And the woman was back at work at a strip club just three days after the alleged assault.

Thomas said dancers must sign in when they take guests into the club’s VIP room. He said those sheets show that the woman had signed in March 17 and 18. He said she also danced the following weekend.

These aren’t such terrible revelations seeing as she must eat and pay her bills. But considering what has previously been revealed about what the accuser has said and done the day of, and the days following, the party this only adds to a mounting impeachment of her credibility.

Nifong deserves to be looked into by the NC Bar and the DoJ. I have no idea what the woman’s actions may rise to (filing a false police report?) but prosecution of her should be looked into as well when this is all said and done. And no, I do not believe that such an investigation and prosecution would discourage legitimate rape victims to come forward.