Duke Player: Nightmare Is Over

Prosecutors Drop All Charges Against Duke Lacrosse Players Accused Of Sexual Assault

(CBS/AP)  Prosecutors dropped all charges Wednesday against the three Duke lacrosse players accused of sexually assaulting a stripper at a party, saying the athletes were innocent victims of a "tragic rush to accuse" by an overreaching district attorney.

In a stunning show of solidarity, the entire Duke men's and women's lacrosse teams gathered to support their former teammates at a news conference following the announcement, reports CBS Evening News anchor Katie Couric.

David Evans, one of the defendants, reflected on the case.

"It's been 395 days since this nightmare began. And finally, today, it's coming to a closure," said Evans, his voice breaking at one point. "We're just as innocent today as we were back then. Nothing has changed. The facts don't change."

He added: "I'm excited to get on with my life. It's been a long year, longer than you could ever imagine. But I hope these allegations don't come to define me."

Joe Cheshire, one of the players' attorneys, bitterly accused the media of portraying the athletes as criminals, and said: "We're angry, very angry. But we're very relieved."

North Carolina Attorney General Roy Cooper, who took over the case after Durham County District Mike Nifong was charged with ethics violations that could get him disbarred, said his own investigation concluded not only that the evidence against the young men was insufficient, but that no attack took place.

"We have no credible evidence that an attack occurred in that house on that night," Cooper said.

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Lesley Stahl will have an exclusive interview with the three players on "60 Minutes" this Sunday at 7 p.m. ET/PT.

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It was March of last year when a 27-year-old African-American woman, one of two exotic dancers hired to perform at a Duke lacrosse team party, told police she was forced into a bathroom, beaten, and raped by three white men, reports CBS News correspondent Bob Orr.

Arrests came swiftly — and publicly.

Reade Seligmann and Colin Finnerty were paraded in handcuffs, adds Orr. Evans, their lacrosse team co-captain, was booked in front of TV cameras.

But the sensational case had been troubled almost from the start after DNA samples found no link to any of the Duke lacrosse players and the accuser's story about what happened that night began to change.

The attorney general said the eyewitness identification procedures were unreliable, no DNA supported the woman's story, no other witness corroborated it and the woman contradicted herself.

"Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges," Cooper said.

He said the charges resulted from a "tragic rush to accuse and a failure to verify serious allegations."

"I hate to say it, I have absolutely no feelings at all, at all," Reade Seligmann's father, Phillip, told Couric, referring to the players' accuser. "This is a woman who perpetrated a hoax on the state of North Carolina as well as the city of Durham, Duke University, and these three kids and their families."

Cooper called for the passage of a state law that would allow the North Carolina Supreme Court to remove a prosecutor "who needs to step away from a case where justice demands."

"This case shows the enormous consequences of overreaching by a prosecutor," he said.

The allegations at first outraged the Raleigh/Durham community. But that anger largely shifted to Nifong as his evidence against the three fell apart and questions surfaced about the accuser.

Nifong, who was away from his Durham office Wednesday, has been charged by the state bar with ethics violations connected to his handling of the case and could face disbarment.

"Nifong is done as a prosecutor, and perhaps as an attorney, too," said CBS News legal analyst Andrew Cohen. "By far the worst mistake he made was his failure to promptly interview the alleged victim in the case to determine for himself from the outset whether her story would or could withstand the scrutiny they both knew would come."

From its earliest days, Nifong, seeking re-election as district attorney after being appointed to the job a year earlier, had driven the investigation. The woman initially said she was gang-raped and beaten by three white men at the March 13, 2006, party thrown by Duke's highly ranked lacrosse team.

The three indicted players' insisted the accusations were "fantastic lies," and another dancer who had been with the woman also questioned if she had been raped.

At the end, it appeared the case was based only on the testimony of the accuser, whom defense attorneys said had told wildly different versions of the alleged assault.

The other dancer who was at the lacrosse party raised questions about the accusations and Nifong dropped the rape charges in December after the accuser changed a key detail in her story, Orr reported. Nifong recused himself a few weeks later after the state bar charged him with violating several rules of professional conduct.

Nifong's recusal in January put the players' fate in the hands of Cooper, who promised "a fresh and thorough review of the facts."

The North Carolina State Bar charged Nifong with making misleading and inflammatory comments about the athletes under suspicion. It later added more serious offenses of withholding evidence from defense attorneys and lying to the court and bar investigators. He's scheduled to stand trial on those charges in June.

Nifong had accused the lacrosse team of refusing to cooperate, calling them "a bunch of hooligans," and promised DNA evidence would finger the guilty. His case started to erode, though, when no DNA evidence tying any player to the accuser was found.

The players largely cooperated with police, and the defense later said a series of tests Nifong ordered from a private lab found genetic material from several men on the accuser's underwear and body, but none from any member of the Duke lacrosse team.

However, if the defendants try to sue Nifong for the way he handled the case, "they are going to have their hands full winning that civil case," said Cohen. "All public officials, and prosecutors in particular, are afforded tremendous immunity from lawsuits when they are acting in their official capacities, as Nifong was here."

Evans, 24, of Bethesda, Md., graduated the day before he was indicted in May. Duke temporarily suspended sophomores Finnerty and Seligmann in the wake of their arrest. Both have been invited to return to campus, but neither has accepted. John Danowski, the former coach at Hofstra who took over the Duke program last summer, has said that both are welcome to continue their lacrosse careers with the Blue Devils.

Danowski said he had moved the team's afternoon practice to Wednesday night so his players could attend a planned defense news conference with their former teammates.

[hermit22]

if every "abortion" had DNA testing, how many rich guys would be squirming?

[hermit22]

when rape gets 1 in 3 or is it 1 in 4 women, many or most 24 years old or younger, who is it that is hiding all the rapists?

WHY do people hide rapists and childabusers?

i don't know what happened at duke, but if all the frat houses across this nation got a serious "house cleaning" life would be much better for women. rich guys have been notorious for decades, and centuries, for "using" poor women. if every "unclaimed" welfare child were identified with DNA testing, how many "rich guys" would be pulled out of the woodwork to take some financial RESPONSIBILITY?

[hermit22]

ttinsly deserves a repost:

don't know what to think about this case. It could be she was lying or it could be that she just had a bad lawyer. It's hard to know. All I know is that from my experience, I have heard about rapes that have gone on within Frat Houses and from guys involved in Sports on campus that were never prosecuted because the victims felt it would go nowhere or that it would just be too much for them. It seems to be part of the implicit unofficial privilege of being male in College for some guys.
I wouldn't say for sure that I know these guys are innocent. Duke also has a lot of money, and it is in their interest that they appear to be innocent. So I'm just saying I am skeptical that they are innocent because of this trial. I don't know that myself. They could just as easily be guilty but weren't tried effectively.
Posted by ttinsly at 06:50 AM : Apr 12, 2007

[fenrir2]

They need to sue Duke, Nifong, the "victim", the corroborating witness, the town, Sharpton, Jackson, the NAACP, and the town. Hell, throw in the media while your at it, but I would leave, believe it or not, CBS out of it. (Anyone see Ed Bradley's 60 Minute piece?)

But the action against Duke, I think, needs to be separate from the rest. Then it should be turned into a class action lawsuit open to any past or present Duke Lacrosse player, manager, trainer or Coach. It was never "Duke Students..." it was always "Duke Lacrosse Players...."

Duke convicted these guys, the coach and the entire team without benefit of due process. As did Sharpton and the rest, but Duke actually took steps to punish.

The lawsuit needs to sue for Duke's ENTIRE ENDOWMENT, and then the guys should settle for legal fees, free rides to Duke for every lacrosse player in general (current and future), as well as the three guys and their progeny, in perpetuity.

That's what I'd go for. No race, creed, color or gender bias. Every player and every offspring.

"Duke, would you like to lose your endowment, or carry the tuitions for the lacrosse program and our families forever? Your call."

Then go get some cash from Nifong et al. (And get Nifong's license as well.)

[cmp271]

These kids need to sue Jackson, Sharpton, the Black Panthers, all the editorialists, as well as the woman who falsely accused them. She in particular needs to be held accountable, and charges of false arrest need to be made.

I saw through this case when it started and it was shocking to see how it unfolded. Their very lives were in danger due to the hysteria caused by the media allowing Jackson and Sharpton to cause. It was very frightening to know that these two "reverands" could cause so much trouble and stir up so many people, and got away with it. They are no different than anyone else accused of hate crime, they should be held responsible and punished!

Duke was irresponsible in suspending these kids, and letting the coach go, forcing him out. Duke needs to be sued as well for labeling them guilty and not standing behind them. President Brodhead should resign.

If I were their parents I would sue for all the legal fees to be reimbursed by the state. For that matter sue the state of NC.

Let's pray for these kids that their lives will one day be what they should have been the last 395 days.

[aznyron-2009]

let get the facts straight it not about liberl or conserv. it about over zealous DA who should be in jail and the state should compensate those accused there legal fees back and plus some pain and suffering money it time we need to change the law about prosicuting att. make them vulnerable to malpractice law suits of malice & injustice As for Al & Jesse let them have there 15 minutes of glory on the boob tube they don't hurt no one and no one take them serouis any more even those who supported them in the past are now cooled off about them I like CBS news for giving me the oppertunity to vent my views as well as my anger thank you CBS

[acctriangle]

processor2,

Stop spending your valuable time worried about Sharpton and Jackson. Don't focus on the messenger because there are a lot of people who don't have cameras in their face that feel the same way these two do.

I don't believe people are saying go Jesse or go Rev. Al. We are saying go Imus. And if you believe that one should have the right to say racial slurs, then you say that. Now, let me ask you, are you employed somewhere? And if so, why don't you go and say something similar in your work place.

You know these comments have no place in our society. So do not try to defend it. Because look at me, I don't defend gangster rap music. And Jesse and Al don't have to tell me how to feel or what is right. See, I can make my own decision.

[acctriangle]

I am glad to see justice play itself out if these guys are truly innocent - and not just found not guilty. Their lives have been damaged beyond repair if you ask me. And as a black man, I don't like seeing injustice anywhere. And if I were these guys, I would sue the women.

Now, for them, let the lesson be to stay away from strippers and avoid using racial slurs. If they are seen in a bad light because of their racial slurs, then so be it. That is what they deserve. Every action has a reaction.

[processor2]

Don Imus was a big enough man to apologize.

I wonder if Jesse Jackson and Al Sharpton will be big enough men to apologize to these innocent Duke boys for the false accusations and presumptions they stirred up in Durham, NC.

I won't be holding my breath.

...

[dblbar]

I remember when this happened and Jackson and Sharpton were on the news standing in front of the house with an ARMY of people, calling for the heads of these boys........I think all who appeared on those newscasts, should now be made to stand before this house again with Sharpton and Jackson and issue an apology to these boys and their families. I heard on the news that legal fees for these boys were in the millions....I think Sharpton and Jackson and their "mis-led followers" should be made to reimburse these families. The accuser should go to jail along with the District Attorney who pushed this case for his personal gain.

[kdbstlrfan]

I agree with mocaleo. Lets make an example out of Crystal Gail Mangum! You know if it were a white woman wrongfuly accusing a 3 black men, Al, Jessie and the NAACP would be all over it. Where is the justice for the young men who have to deal with this for the rest of their lives.

ttinsley, you have no clue. There never was a trial because the evidence didn't support the charges. DNA does not lie!!!!!!

[noaanhc]

The scariest thing about this whole affair is that the 3 students had wealthy parents who had the financial means to hire good lawyers to clear their sons of this injustice.If the 3 had comes from more modest means,they would all probably
today be in prison.Our justice system is one of the finest in the world,but if you lack the money
to properly defend yourself of a crime you know you didn't commit,your screwed and prison awaits you in the end.

[kdbstlrfan]

I agree with mocaleo. Lets make an example out of Crystal Gail Mangum! You know if it were a white woman wrongfuly accusing a 3 black men, Al, Jessie and the NAACP would be all over it. Where is the justice for the young men who have to deal with this for the rest of their lives.

ttinsley, you have no clue. There never was a trial because the evidence didn't support the charges. DNA does not lie!!!!!!

[kdbstlrfan]

I agree with mocaleo. Lets make an example out of Crystal Gail Mangum! You know if it were a white woman wrongfuly accusing a 3 black men, Al, Jessie and the NAACP would be all over it. Where is the justice for the young men who have to deal with this for the rest of their lives.

ttinsley, you have no clue. There never was a trial because the evidence didn't support the charges. DNA does not lie!!!!!!

[kdbstlrfan]

I agree with mocaleo. Lets make an example out of Crystal Gail Mangum! You know if it were a white woman wrongfuly accusing a 3 black men, Al, Jessie and the NAACP would be all over it. Where is the justice for the young men who have to deal with this for the rest of their lives.

ttinsley, you have no clue. There never was a trial because the evidence didn't support the charges. DNA does not lie!!!!!!

You have to understand that this is the way they handle things here in Raleigh and maybe all of NC. Anyone can accuse you of something and get you arrested, even with no "Credible evidence." Then it is up to you to prove your innocence. Like the one boy said he feels bad for others you have to go through the same thing and don't have the resources that were available to him. I know, it happened to me. A man had a vendetta against one of my children so he went to the police and made up a story. They came to my house and arrested me in front of my 5 children. Never asked any questions, or let me defend myself. I was arrested, had to post bail and go to court to prove my innocence. Which I did because it was all lies. Makes no sense, does it? Actually, it all comes down to MONEY.

[richnj1]

Ttinsly, the new PROSECUTORS in this case took the unusual step of saying the boys were INNOCENT.

This is very rare. Usually when charges are dropped, they simply say that they didn't have a strong enough case to proceed, but stop short of saying the accused is innocent.

But this prosecutor said the players were INNOCENT. That is compelling.

[stillsumhope]

Hey ttinsly, sounds like you're a perfect candidate to also help O.J. to find the real killer. I hear he's rounding the back nine at his country club if you want to hook up and plan some detective work.

[stillsumhope]

CBS News and AP, let me help you do your job. The accuser's name is Crystal Gail Mangum. There, I did more meaningful reporting than you'll do all day. What a joke this news org is. At least bring Dan Rather back so we can have some laughs. Hey Kenneth, what's the frequency that this girl was arrested?

[bluestardad]

The Accuser should be charged with filing a false report and forced to work off her payment as did the Run Away Bride!