Sherman: '60' Interview Good For Accused

CBS Legal Analyst Mickey Sherman Says '60 Minutes' Interview Probably Helped Accused

(CBS)  When news first broke about an alleged rape at Duke University, many people believed the African-American exotic dancer who said she was attacked at a party by three white Duke men's lacrosse players. Since then, the case against the players has been called into question.

Last night, in their first interview, the three accused players defended themselves on 60 Minutes. From the beginning, accused rapist David Evans says he did everything he could to cooperate with authorities.

"It was scary. I woke up from a nap to 10 police officers in my living room with a search warrant," Evans, who graduated in May, told 60 Minutescorrespondent, Ed Bradley. "I went through every part of it — told 'em where they could find things, and that we'd fully cooperate and answer any questions they had. I put my faith in the legal system and told them what happened. I gave my statement. I offered to take a polygraph, I gave my DNA over. I don't know what else I could do."

CBS legal analyst Mickey Sherman told The Early Show co-anchor Hannah Storm that submitting to tough questions on TV will help strengthen the defense.

"It shows an incredible amount of confidence in your case. You didn't see lawyers sitting next to these guys," he said. "And the fact they would just submit themselves tells me the lawyers believe their clients and believe in their clients and they are able to handle any cross examination in court, much less the interrogation of Ed Bradley."

Collin Finnerty, who was a sophomore at the time of the alleged rape, is secure in what he says is the truth — that he didn't rape the dancer. When he was first accused, he said he wasn't very nervous because he said he is innocent.

"I mean, we were kinda — I mean, shocked by the fact that we, that we had to actually go to a police station to give DNA," he said. "But everyone — we were told it would help to clear everything up. So we were happy to go."

The results showed that there was no DNA match from any member of the lacrosse team was found on or inside the accuser or on her clothing.

"It's so frustrating because that was an opportunity for us to exonerate ourselves, and we were told that," said the third accused player, Reade Seligmann, also a sophomore at the time of the alleged rape. "If we cooperated, those that were innocent would be shown to be innocent. And that's just — it didn't play out that way."

Sherman said that DNA is not always necessary, and that 90 percent of rape cases are not based on that. The district attorney said he was undeterred.

"For most of the years I've been doing this we didn't have DNA," District Attorney Mike Nifong said. "We had to deal with sexual assault cases the good old-fashioned way — witnesses got on the stand and told what happened to them."

Another problem for the prosecution is that the way the lineup was conducted, Sherman said. All 46 white players on the team were in two lineups and the accuser was told every person there was at the party. In the first lineup, she couldn't identify anyone. The second time she identified the three accused.

"It's bogus, the only term I can think of. It is problematic. In other cases it may have been enough to get it thrown out," he said. "Given the polarization of the community down there and the racial issue, it's not going to get thrown out on this type of technicality."

[metroplx]

It is comical of all the support from naacp, female prosecutors, seems to have dried up once some of the facts of this case have come to light. This case points out a glaring problem with our justice system. Prosecutors and judges should be appointed based upon a lifetime of merit. You can not have a impartial politician. These individuals should be after the truth not a conviction rate for an election. Regardless of the outcome of this case, hopefully this will open the eyes of the public to the flawed system that needs to be overhauled. You can rail on about money, race, and injustice but that is not the problem with this case. This is just a glaring example why politics should not be involved with Justice. The SYSTEM is flawed not this case. This is just a negative byproduct of our SYSTEM.

[sunkist01]

The other dancer is a young black woman,with a criminal background. So what, Sunkist??? What reason would she have to lie about what happened? And don't start with some conspiracy theory. Give me a break. You referred to racist groups, such as the KKK,and the black panthers? Was it the black panthers or the KKK that marched after the case was opened? Again, everyone, including you, are making this a racial issue, not just a case. If a white woman accused 3 black men with the same circumstances, would the black community say she is telling the truth or say she is a liar?
Check yourself before you answer that question! Posted by iaard at 10:46 PM : Oct 17, 2006


First of all the Black Panthers is not a racist group! Or give me the stats on the Black Panthers killing, lynching and bombing white folks homes and churches? I believed I answered you black/white rape answer! Your are right so what is she's a stripper with a criminal record that means she no more credible that the victim of this crime.

Exactly my point!

[macd21-2009]

The following is a quote from Rev. Jesse Lee Peterson. Rev. Jesse Lee Peterson is Founder and President of The Brotherhood Organization of a New Destiny (BOND), a nationally respected nonprofit organization dedicated to %u201CRebuilding the Family by Rebuilding the Man.%u201D He is also an author, columnist, and sought after speaker.

This case has exposed the sad and pathetic condition of the black community. Most blacks are so race conscious that they%u2019ve already convicted these white players. This is a sad commentary about the state of blacks and their outlook on race. Until blacks acknowledge their own racism toward whites, they%u2019ll continue to side with evil%u2014just as they did in the Tawana Brawley fiasco and the O.J. Simpson case.

The DA in this case misled the public about the evidence and exploited the anger and racist sentiments of some of Durham%u2019s black population for political gain. It%u2019s a shame that black people have once again allowed themselves to be used by a liberal Democrat. This DA has no case and should withdraw the charges immediately.

[iaard]

The other dancer is a young black woman,with a criminal background. So what, Sunkist??? What reason would she have to lie about what happened? And don't start with some conspiracy theory. Give me a break. You referred to racist groups, such as the KKK,and the black panthers? Was it the black panthers or the KKK that marched after the case was opened? Again, everyone, including you, are making this a racial issue, not just a case. If a white woman accused 3 black men with the same circumstances, would the black community say she is telling the truth or say she is a liar?
Check yourself before you answer that question!

[macd21-2009]

Today, Mickey Sherman said that negative DNA test results (it is not NO DNA), do not prove the boys are innocent and the case goes forward with only the "he said-she said" evidence.
On April 11, on the Early Show, he said that the negative DNA test results do prove the boys are innocent and predicted the case won't go forward.
Which is it?

[sunkist01]

So i guess when the other dancer, who is black, refutes what the other dancer says, she is a racist too?

She is also a person with a criminal felony background, with pending cases. So it doesn't make her creditable.

[sunkist01]

So i guess when the other dancer, who is black, refutes what the other dancer says, she is a racist too?

She is also a person with a criminal felony background, with pending cases. So it doesn't make her creditable.

[sunkist01]

So i guess when the other dancer, who is black, refutes what the other dancer says, she is a racist too?

She is also a person with a criminal felony background, with pending cases. So it doesn't make her creditable.

[sunkist01]

So i guess when the other dancer, who is black, refutes what the other dancer says, she is a racist too?

She is also a person with a criminal felony background, with pending cases. So it doesn't make her creditable.

[clifflen-2009]

So i guess when the other dancer, who is black, refutes what the other dancer says, she is a racist too?

[sunkist01]

Posted by acccbb

First of all get your facts straight, it was a neighbor who called the police and said many was shouting racial slurs. You never have heard of the spray of racial slurs on Black frats and sorority" So what? it is still true. Also "open discovery" the prosecutor and well as the defensive have a time frame for discovery, like all the other states. So you cannot say what neither has or will they will disclose it, please.

No such thing as a non-violent racist! That is not emotions that is the history of the KKK and its ilks in this country. And you have not right to tell me or anyone else how we should accept that, but agree to this.

[acccbb]

To Sunkist
First of all one person used the n word AFTER Kim used a racial slur. He should not have done it, but none of the indicted players used a racial slur. Second, the e-mail was long ago established to be a parody of American Psycho - a book that McFayden was required to read for a Duke class. Not in great taste, but from the responses from the other players during the e-mail correspondence, it wasn't a threat. Thirdly, I have not heard of the spray paint accusation. There was an extensive investigation into the lax players and the report never included such information. Perhaps you could elaborate.

What I have noticed about many of these posts are they seem to be based on emotion, rather than the facts of this particular case. Others talked about the behavior of the lax team. The "team" was not arrested. Three individual lives are on the line and only these three. It is horrible if you have been raped or know others who have and didn't receive justice. It is horrible if you are a minority that has been mistreated by the judicial system. However, many seem to be unable to separate their own personal experiences from the FACTS of this particular case. For those who shout, the DA must have something, it is simply not true. North Carolina has open discovery laws, so the defense has all the evidence the prosecutor has. Ed Bradley was given access to this discovery and concluded there is a strong possiblity that these young men are innocent.

[sunkist01]

It's time honest, tax paying citizen's get the same brake as those who pander to political issues. After seeing the 60 Minutes piece, the evidence seems obvious in the favor of the Duke students, regarless of race. Posted by RichWL at 03:04 PM : Oct 16, 2006

Doesn't prove a thing! It was one-sided and whatever the prosecutor has on this case has yet to be revealed.

What did you think they were going to say? They were guilty? That wouldn't even admit to the racial slurs, which they did state. Please!

[hermit22]

Those crazy Duke boys wanted some excitement and they got it!

[sunkist01]

Iaard,
I am African-American, however I cannot speak for every African-American in the US.

First of all, the prosecution has not presented their case we are only hearing one side the accused. I could, given the situation listed above that she was lying, due to facts and history alone. One being black males have been historically lynched for false accusations and recently thru the "Innocent Project" founded by Barry Scheck, black men are being released after serving 10-30 years after being accused of rape by a white women and white american did not and have not called for these women to be tried, nor have they apologize to the "black communities" or these men. The Central Park rape victim, claimed three black men raped her, these children was jailed and that was not true, Susan Smith stated a black man kidnapped her children, that was not true also and she was charged with murder not falsely accusing a Black man, not to mention the amount of Black men who was stopped, questioned, searched etc......
However, back to Duke Lacrosse team, the email was real, the racial slurs did in fact happen, this team was also reprimanded from the college for spraying racial slurs on Black Frats and Sororities on campus. They were not turned over to the authorities, because that is a crime a federal one at that.


For their is no such thing as a non-violent racist, the KKK and its ilks is case in point to that.

[iaard]

It's sad that this has turned into a racial issue instead of a real criminal case. These young men have been accused based on no evidence at all, but because they are all rich white men, and accused of a crime against a young black woman, then they are automatically condemned as racist and guilty of the crime to the african american community. Let's not forgot that this woman is a stripper by choice, had injuries before the party (shown in photos), and had *** prior to the party that she did not tell authorities until it was discovered by the defense. I have to ask the African American community a serious question. If this woman, in the same situation, was a white girl accusing 3 black males, would you automatically say she's a lier, or assume she is telling the truth like you did in this case?
It's simple. These men are innocent, no evidence to prove otherwise at all, and the DA in the case only persued the case to get the votes of the minority voters. It must have worked.

[theorytry]

PELICAN BRIEF theory - One possibility is that Nifong has intentionally sabotaged the case (maybe was paid off a ton of $ to do so). There is no DA in the country that wouldn't have dropped the charges against Seligmann at some point in the past year. And none that wouldn't have had Seligmann interviewed for an entire year (in the biggest case of a career). Why would a DA keep charges against an obviously innocent man unless he was trying to sabotage his own case against the others? Absolutely no one is that incompetant. it smells.

[theorytry]

PELICAN BRIEF THEORY _ One possibility is that Nifong has intentionally sabotaged the case (maybe was paid off a ton of $ to do so). There is no DA in the country that wouldn't have dropped the charges against Seligmann at some point in the past year. And none that wouldn't have had Seligmann interviewed for an entire year (in the biggest case of a career). Why would a DA keep charges against an obviously innocent man unless he was trying to sabotage his own case against the others? Absolutely no one is that incompetant. it smells.

[richwl]

It's time honest, tax paying citizen's get the same brake as those who pander to political issues. After seeing the 60 Minutes piece, the evidence seems obvious in the favor of the Duke students, regarless of race.

[bluestardad]

What happened to these students and their coach is criminal. The prosecutor should be flogged disbarred and ran out of town. He has ruined the lives of all the people involved on both sides of this case for political gain yet no one has the courage to take action against him. The prosecutor should have to pay damages to all the people involved out of the states pocket and his own.