Cleared Duke Lacrosse Players Could Sue

Defense Attorney Roy Black Says They Should Pursue All Legal Options

(CBS)  Now that the charges have been dropped against the three Duke lacrosse players who were accused of raping a stripper, many wonder what recourse David Evans, Reade Seligmann and Collin Finnerty will have.

Florida defense attorney Roy Black says that suing Durham District Attorney Mike Nifong, who lead the charge against the players, remains an option and, if he was their lawyer, he would tell them to sue everybody, including the accuser, Crystal Magnum, and Nifong.

"He has total immunity for anything he does as an advocate, anything in the courtroom or dealing with the courts," Black told The Early Show co-anchor Harry Smith. "Everything else he only has qualified immunity, so the DNA testing, all those press conferences — they can sue him for that."

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Click here to see photos from the Duke case.

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Magnum, Black said, is the beginning of the entire case and she at least needs to take a deposition so lawyers can go through all her false statements and contradictions.

"That's the basis of your case," he said. "Then you bring in Nifong. You bring in the lab that manipulated the results, all the police detectives, the state of North Carolina. I'd bring in Duke University. I'd bring in anybody within 10 miles of that prosecution."

If nothing else, Nifong's career looks like it is over and his reputation is ruined. North Carolina Attorney General Roy Cooper blasted him for never challenging the accuser, who gave more than a dozen different versions of the attack.

"We can't see where she was ever asked the tough questions that specifically contradicted things that she was saying," Cooper told 60 Minutes correspondent Leslie Stahl. "When our investigators and attorney started interviewing her again, new stories came out. That had never been told before that did not fit with the evidence."

Cooper said the accuser claimed she was suspended in midair and sexually assaulted by all three players in the bathroom.

"I've been in that bathroom," he said. "And it was very difficult for me to see how that could have occurred."

Nifong now faces an ethics trial in June and could lose his law license. He issued an apology the day after the charges were dropped, but for the players, it was too little, too late.

In the days since all charges were dropped, the accused impressed many people with their dignified behavior. Some would say the best thing to do would be to simply move on. Black said this makes sense psychologically, but like Evans told 60 Minutes he might forever be remembered as one of the Duke lacrosse players accused of rape.

"You can try to move on, but rape will always be associated with my name," he said. "Innocent might be a part of that, but when I die, they'll say, 'One of the three Duke lacrosse rape suspects died today. He led a life and did this, but he was one of the three Duke lacrosse rape suspects.' "

"Remember what they said, when their name is googled, what's going to come up? That they were charged with rape," Black said. "If I was them, I'd want to have this case to really clear your name. Take statements of everybody involved. We only know a little bit of what this woman said, but I'd want to get out every single contradiction, every false statement to prove beyond any doubt that I was innocent."

States have been sued before, Black said. People who are sent to death row and the exonerated by DNA tests are getting compensation from many states. But in this case, there wasn't even a trial. It might make sense to go after Duke, who has the deepest pockets.

"But it it's not easy to sue the university because it's a private university, has its own code of conduct," Black said. "It's not an easy case against them, although you want to drag them into the lawsuit."

[tool84me]

"Remember what they said, when their name is googled, what's going to come up? That they were charged with rape,"

I think it's ironic that I hit this page by Googling the accused's name.

[lsrobby]

Hey Sharpton, instead of trying to get rap songs pulled from the radio and burying Imus over offensive comments, why not step up to the plate and admit your mistakes? Then maybe you would gain some credibility on a National multi-cultural scale instead of just the Black community. You and your cohorts backed Brawley 20 years ago and then dissapeared as soon as her credibilty did. Now a stripper who performs at college parties goes after 3 white boys and the nation rallies behind her because "the bad white boys" took advantage. Well, looks like you got it wrong again, and you gave away a scholarship opportunity to a lying, drug abusing stripper. That's justice I guess. I feel bad for Imus because after 2 major screw-ups you can'y let this one get away.

[anf8678_07]

Well I think that the dukes boys got off pretty easy to me. Why do i say that? Because if you look at it the only reason for that is that the victim was black and the boys was white. now if you flip the play and make the boys to be black and the girl would you find the boys guilty? Answer that America!

[bobgee_1999]

Anyone can sue anyone for anything, if they can find a court to hear the case. I suspect the CBS reporter meant "may" sue. Don't they teach journalists basic grammar any more? I know they don't teach spelling or have proofreaders. Further, when did the use of non-words such as "gonna" become acceptable in the print media? How about a news channel for the literate?

[questionnews]

Agnim

I can't wait until the comment board opens regarding todays Virginia Tech killings. I sure you will tell us all those "PREPPY PUNKS" deserved what they got and how the shooter is really the victim in this case. That seems to be your pattern.

[agnim]

I'm DOUBLE DARING those PREPPY PUNKS to sue! LOL

In this way the TRUTH about the dumb jocks bad boy image and the drugging and "date rape" of that woman will come out! LOL

[justgina1-2009]

Garnish her public assistance payments for the rest of her life!

[manikatt]

I agree that they shouldn't be suing the school for kicking them out. The sue has every right to kick them out for under-age drinking and hiring strippers. I'm sure it's a violation of the code of conduct. They could sue the school for statements made by faculty and staff and they definately should sue the prosecutor for his actions if they want to stand up for themselves. The schools actions mostly were standard policy in reaction to the lies coming out of the prosecutors office. This does not however, make any lible and/or false statements made by school and it's staff ok.

[rjl611]

I do not think that these guys will sue. They may be innocent by there was a reason that Duke suspended them. According to The Durham Herald-Sun Duke's Athletics Director, Joe Alleva, had warned the former coach to get his team "in line" following a high-level review of disciplinary records. The dean of students also said her office had compiled a disproportionate number of violations and that about half the team had been cited for alcohol violations and disruptive conduct. President Brodhead stated they had a history of boorish behavior and underage drinking. If they sued a lot of ugliness about them would come out including Finnerty's DC conviction for beating a man because he was gay. I think if they're smart they will fade into the background. It may not be fair but the story was believed because of their prior bad acts.

[curioso71]

Sharpton and Jackson are two has-beens who crawl out from under the rugs whenever a dollar is to be made at the expense of anyone remotely engaged in an incident which may hint of racial overtones. Neither of these 'gentlemen' are ever held accountable for either their actions or their words. Nothing will come of their character assasination of the Duke players because the American public will not- CAN NOT- demand that anything be done.

Anyone raising their voice against the outlandish behavior and accusations cast by these two 'Reverands' is automatically considered a racist and malcontent. Dare not disagree or they will march on your home, business, grave it thats what it takes. Of course, neither can be bothered with factas or truths, just face-time and photo ops.

Jesse, get a few more women pregnant - Al, ruin a few more lives [Tawana Brawley ring a bell?] NO one has the balls to stand up to you. You'll only get richer and fatter for it.

[manikatt]

I have nothing wrong with Jesse giving a stripper a scholarship so that she doesn't have to strip. But since she is lied about being raped Jesse should "Strip her Scholarship!"

[gooddieh1]

Where is Jesse now? Remember "Don't strip, scholarship!" Remember? He gave the accuser a full scholarship to college! Where is Jesse now? I guess he's still too busy crucifying Imus. I have the same sentiment for Sharpton. Just how much would those two men win over the world if they would be true to the ideals they spout when it suits them. Shame on them both for their invisibility now.

[wbmcd1]

I am particulary surprised that I have not heard of a call for review of previous NiFong cases. The reason being that the manner in which he conducted himself exuded confidence in his decision making, which clearly was so very flawed as to require awareness of the extent to which he was breaking the rules. One doesn't develop that level of confidence in the face of clear miscarriage of justice on the first run suggesting that he might very well have "railroaded" others. Perhaps the question has been asked and review is in process, if not then it certainly should be asked presumably generating a review to validate that the behaviour by NiFong in the Duke LaCrosse case has not occurred in the past.

[mkj1223]

Perhaps the idea of total immunity for anything a prosecutor does as an advocate needs to be debated. Is it not possible that giving these prosecutors total immunity does as much to hinder the justice system as it does to enhance it? The prosecutors are supposed to be advocates for justice. It is not just to falsely charge anyone when the prosecutor has evidence contrary to any perceived guilt.

As to morality, many young do things they may regret later or that the parents are not proud of. However we as mere people are in no position to judge anyone elses behavior but our own.

[manikatt]

I agree. I will not defend Don Imus but I agree that black leaders should apologize for any statements which were said without evidence. Everyone should be accountable.

[franklooper]

Oh, please, can I meet SDoyle1? I've always wanted to sit at the feet of the sinless 1st-stoner.

Yup, they drank underage. Let us now jail and expel 70% of the college sophs and froshes in the country! Or, at least, let us publicly ruin the lives of all the rich young white boys who like strippers and beer!

Who's with me? :-)

[hplwas]

I sincerely hope the Duke players sue the two %u201Chonorable%u201D Reverends if for no other reason than to deny them, as Don Imus has been denied, of their privileged platform.

Don Imus%u2019s sin was not so much what he said as much as it was that he used his privileged TV platform to degrade specific individuals who, by themselves, did not have a similar platform from which to defend themselves. The society rightfully and dutifully came to their defense. It should be noted however, that his ill conceived comments were not premeditated. They were not said with anger or malice. They were not repeated. And he apologized. The only opinion that should count is that of the girls who were the targets of his ill-conceived words. They judged his apology to be sincere and accepted it.

Al Sharpton and Jesse Jackson also used their privileged TV platform to attack the Duke University players, who by themselves also did not have a similar platform from which to defend themselves. Their attack was not just a slur; it also involved an ongoing criminal charge. Their attacks were premeditated. They were said with malice. They were often repeated of a period of months. And to date not a hint of an apology has come from either of them. Where%u2019s the outrage?

[manikatt]

There is always public outrage in my communnity when a college student who is underage dies of alcohol poisoning. He should not have been drinking like that. It is his fault he did the drinking and killed himself. It is unfortunate and should be prevented. It is easier to educate kids then to try and keep them all from drinking. Kids will get alcohol whatever you do and if they couldn't get alcohol they would get some other drugs or do something else dangerous. That is just what kids do. There has to be some point at which a kid is responsible for their own actions (ie 18). And yes there would be outrage and yes the kids friends would get in trouble. It just wouldn't be a national headline because there is no malice. The kids friends didn't force him to drink, didn't plot to have him die of alcohol poinsoning. (If they did this would be a very harsh crime)
However, here a stripper and prosecutor with malice and for self benefit hurt the lives and the finances of these students. That is much worse than any of the situations you have described. Yes it would be terrible that a kid died but it would be the kids fault as far as I am concerned unless he is under 18. He is legally an adult and needs be responsible for himself. But this is an acutal event where individuals plotted and lied in order to help themselves at the extreme expense of others. I think that the fact that they were drinking is a very minor issue.

[sdoyel1]

My question was should there be public outrage if that situation occurred?
And again, I agree. I hope that this situation puts all lawyers and prosectors on notice. Their positions are not all-powerful. The prosecutor should be held accountable to the fullest extent...and more cases like this should be brought to the public's attention.

[manikatt]

It is a different situation only because he got caught. The more prosecuters who get caught are put through the ringer, the less prosecutors will do this kind of ***. Your right besides him being caught it is no different or a case of misconduct so why should the fact that they are white and privileged exclude them from getting justice when they are wronged?
If an 18 year old ddrinks to much and dies it was his fault, he is 18 and an adult. If he was 17 then that is a different story and it would be a huge case and people would be prosecuted. Don't pretend that no trial would happen. Now your just speculating what "could have happened." As far as I know they were all 18.