February 11, 2009 5:52 PM

Sherman: '60' Interview Good For Accused

By
Caitlin A. Johnson
(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."

Copyright 2009 CBS. All rights reserved.
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by metroplx October 19, 2006 3:01 PM EDT
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.
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by sunkist01 October 19, 2006 12:07 AM EDT
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!
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by macd21-2009 October 18, 2006 2:38 PM EDT
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.
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by iaard October 18, 2006 1:46 AM EDT
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!
Reply to this comment
by macd21-2009 October 17, 2006 2:47 PM EDT
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?
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by sunkist01 October 17, 2006 1:07 PM EDT
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.
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by sunkist01 October 17, 2006 1:06 PM EDT
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.
Reply to this comment
by sunkist01 October 17, 2006 1:06 PM EDT
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.
Reply to this comment
by sunkist01 October 17, 2006 1:06 PM EDT
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.
Reply to this comment
by clifflen-2009 October 17, 2006 10:19 AM EDT
So i guess when the other dancer, who is black, refutes what the other dancer says, she is a racist too?
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