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The Facts So Far

(CBS)
Media coverage of the Duke lacrosse scandal, which reached fever pitch when it first emerged in March, has somewhat dissipated by now. But in an analysis about the state of the case thus far, Newsweek suggests this week that based on the evidence currently available, the prosecutor's case is flimsy – a take on the story that is quite different from its initial storyline in the press. Evan Thomas and Susannah Meadows acknowledge that while some early reporting on the story "raised doubt about the guilt of the players" it "more typically played as a morality tale of pampered jocks gone wild." Thomas and Meadows acknowledge that coverage of the case has been "enormous," noting their magazine's own treatment of the story: "Newsweek put the mug shots of two of the players—Reade Seligmann, 20, and Collin Finnerty, 19—on its cover the week after they were indicted."

The article appears to suggest that based on the evidence so far, perhaps the story didn't warrant so much attention. Writes Newsweek:

"It is possible, almost three months later, that the players are maintaining a conspiracy of silence. But it seems highly unlikely. Rather, court documents in the case increasingly suggest that Durham County District Attorney Mike Nifong had very little evidence upon which to indict three players for rape. Indeed, the available evidence is so thin or contradictory that it seems fair to ask what Nifong could have been thinking when he confidently told reporters that there was 'no doubt' in his mind that the woman had been raped at the party held by the lacrosse team."
Nifong is required by law to turn over all of his evidence to the defense, and is expected to submit more this week. Newsweek's account of the case thus far is "based on documents publicly available in court filings, and the defense, of course, is putting its own spin on the case. It is conceivable that Nifong is holding back some kind of smoking gun, but, given the rules and the publicity about the case, that does not seem likely."

Nifong has stopped granting media interviews and has his own criticisms of how the story has been treated by the press and, by extension, the blogosphere:

"Asked for an interview last week by Newsweek, Nifong declined, but sent an angry e-mail accusing the national media of getting spun by defense lawyers and sticking to his earlier comments to the press. 'None of the 'facts' I know at this time, indeed, none of the evidence I have seen from any source, has changed the opinion that I expressed initially,' he wrote. He lashed out at 'media speculation' (adding, 'and it is even worse on the blogs'). He said that he was bound by ethics rules against commenting any more about the case or evidence."
Nonetheless, it appears that this case will likely continue to play out on the media stage – and the Newsweek story raises some questions about how the story has been treated so far and provides some indication of how the media will handle it leading up to the trial – which may not be until next spring. "There may not be a whole lot the defense can do to derail the case before it gets to trial," writes Newsweek. "If a prosecutor has a victim willing to testify, that's normally all a judge requires to allow a case to go before a jury once indictments have been handed up." As of now, "it is not certain that the accuser will go forward with the case."
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