If the letters to the Durham Herald-Sun reveal anything about the mood of people in Durham about the lacrosse case, they're pretty irritated about the notion of the city being sued. The letter writers (the letters are reprinted below) suggest, among other things, that: a) rich kids who didn't go to jail have good lives and don't need the money; b) because someone in another case served years before being exonerated didn't sue means that the former lacrosse players shouldn't either; c) a Durham jury won't willingly raise it's own taxes; and d) a trial would put Crystal Gail Mangum on the stand.The first two points continue the arguments about race and classs that surrounded the case from the very beginning and there's no need to revisit them here, other than to say that no one should be denied access to civil court simply because they are white and perceived as wealthy, and that in the final analysis, the voters of Durham are responsible for the actions of city employees. Losing a major lawsuit would stink for anyone, but civil suits and subsequent judgments and extractions of treasure are tools often used to force a change in behavior. Rather than complaining about having to pay for a suit, Durham residents should take a long and jaundiced look at their government and its employees with the goal of avoiding future suits. This one is pretty well documented and it would be very hard to win.
The second two points are more provocative.
It is true that the case could conceivably be a conflict of interest for a Durham jury, whose taxes could go up to pay for a large settlement. That could be a tough sell for any attorney. But if it's a federal case, as we believe it is, surely the first step would be to move it out of Durham for precisely that reason.
But if it did go to trial, the thought of putting Mangum on the stand could be very interesting indeed. After Attorney General Roy Cooper's public comments on the case, it became clear that Cooper thought prosecuting Mangum was pointless because, well, to be kind, because she wasn't necessarily mentally competent. You may remember his suggestion that she "actually believed" contradictory accounts of the so-called rape, including being suspended in mid-air during the supposed incident, or possibly an early magazine article which discussed her bipolar disorder. The woman has some serious issues.
Nonetheless, it would be interesting to hear her speak publicly about the case and to be asked serious questions about her actions, although calling her might amount to an act of cruelty against someone who has some serious problems.
Given her demonstrated ability to disappear, however, we wouldn't count on anyone being able to serve her.
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I encourage our city leaders to not be wimps and make us pay unnecessarily for a lawsuit that may come from the lacrosse case. They should not have played to the media and met with the so-called high-profile lawyers that these people retained. Surely, our government is just as high profile as these attorneys.
They should stop sucking up to the media and only talk about any lawsuit in court. Let a Durham jury decide whether we are going to increase our taxes by several hundred dollars to give to these guys for nothing.
A trial will also bring the truth out as to what really happened in this case. I would love to see and hear the accussers on the witness stand along with the accused. We deserve the truth in this case -- which I don't believe has been given us to this point.
Also, leave Mike Nifong along. Enough is enough. Go after those district attorneys who have withheld or used false evidence to put people on death row such as Allan Gell and Darryl Hunt.
JOE BOWSER
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If anyone should continue to wonder why many folks in Durham have such negative attitudes towards Duke University, consider this.
Darryl Hunt, a black man wrongly accused of rape and murder, spent 18 years on death row due to prosecutorial misconduct before being pardoned. He settled his wrongful incarceration case without suing anyone. He received $358,545 from the state of North Carolina and $1.65 million from Winston-Salem.
Former Duke lacrosse players Reade Seligman, David Evans and Collin Finnerty, wrongly accused of rape but who never spent a night in jail before being completely exonerated, are threatening to sue Durham unless the city settles for $30 million. To expect that amount of money as settlement for this case reflects the hubris and sense of entitlement that many in Durham associate with students at Duke.
Certainly, the lacrosse players were wrongly accused and went through a period of tremendous suffering.
However, the days of injustice suffered by three white boys of privilege should not be worth more than the years of injustice suffered by one poor black man.
I encourage the city leaders to refuse the settlement and fight any lawsuit the players file.
MARK ECKERT
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The news article that described Mike Nifong's arrival for his night in jail belonged on the opinion page. Statements like "though he endured taunts, he did not suffer threats such as those received by ..." and "the crowd of reporters were miniscule compared to ... May 15 of last year." This is shameful. It has no place in a news article. It simply serves to get you back into better graces of an audience who holds you responsible for helping "crucify" the lacrosse players.
What we have here is racism on display for all to see. I e-mailed The Herald-Sun and the News & Observer about a young black man charged with attempted murder who had been held for 18 months under a high bail. The only credible evidence they had was a description by the alleged victim who was drunk at the time. He had given three different descriptions of the assailant. This young man was guilty of being in the area just like the lacrosse team. Neither paper was interested enough to check it out. During the trial, the prosecution offered four progressively generous pleas which they turned down. The jury said "not guilty." The trial outcome was not reported in either paper.
Eighteen months in jail without a credible case. Compare this to simply charging some white folks with very weak evidence that results in a DA being kicked out of office and disbarred. Racism is alive and well. I wonder how much my black friend can sue for?
LARRY BUMGARDNER
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The case of the Duke lacrosse players versus the City of Durham is justified; however, enough is enough. I am not downplaying the stress the players and their families suffered, but there are many more wrongfully convicted persons who have suffered far worse persecution and have served actual prison time.
Imagine spending nearly 20 years behind bars for a crime you did not commit. Darryl Hunt was incarcerated when he was just 19, the same age as Colin Finnerty at the time he was indicted. Aren't the declaration of actual innocence, the disbarment of Mike Nifong, and Nifong's conviction for contempt enough?
Ronald Cotton spent nearly 11 years in prison, has since forgiven his accuser, and has yet to receive any money from anyone for the time that he lost. Cotton does not complain; rather, he travels across the country with his accuser and speaks about the problems of eyewitness identification, in an effort to allay the problem that befell him, in the hopes to save others.
Cotton is thankful to have his life back. The lacrosse players have their lives back. Evans is working on Wall Street and Finnerty and Seligmann have returned to the lacrosse field. I see no justification for these players receiving $30 million when so many others have had significant portions of their lives taken from them with little or no remedy. This does note compare.
WENDY J. LINDBERG