Give it up, Mike Nifong! Even Ruth Sheehan says so

By Michael Gaynor

In the Duke case, race did not, does not and never will deserve a place. To give it one is a disgrace. "The Duke case" refers to the criminal prosecution of three Duke men's lacrosse players for allegedly kidnapping, raping and sexually assaulting a 27-year old female who was hired to strip at a party for the team held at the residence of the team's co-captains (one of whom is one of the three indictees) on March 14, 2006. Each of the three indictees is white. Their accuser is black. But race should not matter a bit. What should matter is whether or not the accusations are true. People are not supposed to check their skin color to determine whom to believe if an accuser and an accused have different skin colors. Unfortunately, some people do and try to divide people on racial lines for their own benefit.

Joe Cheshire, an attorney for the accused co-captain, does not want the case to be about race. But others do. They have agendas, and those agendas are not good ones for America.

Ruth Sheehan is a staff writer for The News & Observer, a newspaper based in North Carolina. She initially thought the prosecution was well founded instead of reckless, or worse, and wrote an article entitled "Race has a place in the Duke case," disputing Mr. Cheshire.

Ms. Sheehan's article:

"How do I put this delicately? Victoria Peterson is an unusual woman.

"She's a frequent, though uniformly unsuccessful, candidate for office in Durham — someone who seeks the spotlight at public forums, especially if microphones or TV cameras are around.

"During the recent rally of the New Black Panthers, one of my colleagues observed, the chairman of the group struggled to keep Peterson from monopolizing his megaphone. She was running for City Council at the time.

"Peterson and I crossed paths back when she attended the murder trial of Mike Peterson (no relation), as one of his faithful supporters. She was running for City Council then, too.

"But Peterson is nothing if not passionate. And on Monday, when she showed up at a news conference with defense attorney Joseph B. Cheshire V, she used her moment in the spotlight to good effect.

"Cheshire, who has been the point man on the defense side of the Duke lacrosse case, was holding forth on the "'alse accusations' made by the 'false accuser."'

"Peterson inserted herself into the event by asking about the racial epithets said to have been used by some of the lacrosse players on the night that three team members are accused of raping one of the dancers, who is African-American.

"Cheshire responded by saying that in any group of 46 people, you could hear a racist or sexist statement of some sort. He said his client, team captain David Evans, and the other young men on the lacrosse team are victims.

"He also said, 'This case is not about race.'

"Cheshire may be right that his client and others have had their lives 'chopped up' unfairly. They may in fact be innocent of every charge. But on the issue of race, he is wrong. This case is about a lot of things, and race is definitely one of them.

"For once, Victoria Peterson was dead-on.

"This case is about race because the slur-slinging — alleged by both of the dancers — is the one allegation that defense attorneys have not disputed.

"Contrary to Cheshire's implication — it doesn't matter how drunk you get, or how many drunken friends you're with, you won't sling racial epithets if they're not in your internal dictionary. I have been in lots of groups of 46, or more, and heard nary an insult.

"The case is about race because of the nation's sorry history on race. Many African-Americans live with the memory of a time when white men raped black women with neither social sanction nor legal penalties.

"It's about race because some people cannot believe nice boys from upper-crust homes could commit a crime against what talking heads such as Rush Limbaugh and Tucker Carlson have dubbed the 'ho' or 'crypto-hooker.' Believe me when I say that some of my mail has been far uglier, and more racially charged.

"The question I wish Victoria Peterson had asked is: Would this story have been so huge if it had involved 46 members of the football team at St. Augustine's or Shaw? Perhaps.

"But would so many people be rallying to the defense of those St. Aug's or Shaw players if the dancers from the escort service had been white?

"On that, I'm not so sure."

The following modification to Ms. Sheehan's article is posted on The News & Observer's website:

"At a Monday news conference, Raleigh attorney Joseph Cheshire V suggested that the Duke lacrosse case is not about race. In my Thursday 5/18, I begged to differ. This case is about many things. And one of them most certainly is race.

Check out the column here: http://www.newsobserver.com/138/story/440836.html

"I had originally posted Cheshire's initial email response to my column. But he contacted me afterward and said that the email was intended as private correspondence. (You know how inexperienced he is with the press...)"

In his email, Mr. Cheshire had tried to explain to Ms. Sheehan what "This case is not about race" meant.

Mr. Cheshire's email:

"I read with interest your column this morning. I have the following points for you to consider.

"Race is an issue in our society and it should be kept on the front burner. Your points about how this case would be treated if the defendants were black are correct, I see it everyday. The criminal justice system is not fair to African-Americans and never has been. I have spent much of my life fighting this as has my family before me in different ways.

"That said, however, there is absolutely no question that there are people pandering to the race issue in this case for their own agendas. This case started by the DA pandering to race and class to get elected. Pandering to race is as dangerous and self destructive to society as bigotry itself. It is certainly harmful to the criminal justice system. We saw in OJ an acquittal on race/political grounds by a largely African American jury paying the man back for years of injustice.

"When articles like you wrote today insinuate that this case is about race because one or two boys may have spouted racial epitaphs in response to same being hurled at them (and by the way it is not alleged that those very few statements came from any of these indicted young men) you, in my opinion become one of the problems in this discussion as opposed to one of the solutions. You embolden racists like Ms. Peterson who are as destructive to the cause of racial equality and a discussion of same as any white racist I have met. Intolerant, uncaring and with an agenda that has nothing to do with truth or justice that feed on the worst in people as opposed to the best.

"You also give fire to what I fear could be a reverse OJ in Durham. Even though these boys are demonstrably innocent, several African Americans have said and many more think and will be emboldened by columns such as yours to believe that: 'We do not care if they are innocent, they should be convicted and go to prison because of the injustices that have been heaped on our race by the system.' Is that what you want? Do two wrongs make a right. This is not a racial case, but statements like that and well meaning articles like yours are making it so and in that event justice will suffer and the racial divide will grow larger."

Comments posted on The News & Observer's website demonstrate that Mr. Cheshire's consent was well-founded.

The first, posted on May 18:

"These Duke boys are GUILTY! But the way the media is portraying this case they will be said to be 'innocent.' I remember the Michael Jackson scam/case and the O.J. Simpson scam/ case and there is a BIG difference. The media gave no investigation of 'innocent untill proven guilty' before the trials, but her with rich white boy accused of raping a black woman everything is by the book.

"Of course they will get off because in the history of the USA NO white man has ever been convicted of raping a black woman and yes millions of rapes they have committed!

"You can not talk about anything in America that white racism is not a vested hand maiden!

"Durham like this country has never been united. Race is the case. Yes O.J. was innocent, just as Michael Jackson was innocent. Yet till this day whites as well as the racist media still libel and slander them both. If they were black and the woman was white this thing would be as well as your blog would be guilty before the trial.

"Two wrongs don't make it right, but is blam sure makes it even!"

Tragically, if ONE person who thinks that way becomes a trial juror in the Duke case, Durham District Attorney Mike Nifong will do not worse than have a hung jury. That commenter's mind is made up. He would rationalize that all the evidence of innocence was fabricated and the accuser's word alone (regardless of how many contradictory statements she had made or criminal convictions she had) is proof beyond a reasonable doubt.

Another commenter wasn't so sure there was sexual assault, but was sarcastically dismissive of the possibility that Mr. Nifong had let his personal interests affect his professional judgment in the Duke case:

"My favorite line was this: 'This case started by the DA pandering to race and class to get elected.'

"Oh, silly me, I thought it had something to do an out-of-control lacrosse team hiring African-American strippers for their drunken party and the after effects of that — whether it was sexual assault or 'just' hurling nasty racial comments.

"But I guess he's right, the DA started it all."

The TEAM did not hurl "nasty racial comments." Apparently some team members made some, but, ironically, none of the three indictees. Should THEY be convicted of kidnapping, rape and/or sexual assault because a teammate made "nasty racial comments"?

A third commenter claimed there was "black on white racism":

"Sure, this case has an element of racism — black on white racism.

"And the N&O; has covered this event with a dose of bias, as well. The alleged victim is an 'honor' student; the Duke boys are 'drinkers.' Perhaps you are not aware of some objective journalism from Kathleen Parker of the Orlando Sentinel.

"This group, she says, has a 100 percent college grad rate. Sixty percent have a 3.0 GPA or above. During the past four years, 80 percent have made a national honor roll. Members. . .volunteer at community agencies. Who are they? The Duke Lacrosse Team. Why can you bring forth facts like these in the interest of objective journalism? Because these facts do not fit your agenda of punishing white males — 'descendant as they are of the imperialistic, colonizing, native-raping patriarchy, who are the new culturally approved targets of the lynch mob'? You should THINK about the slanted journalism you provide!"

Objective journalism? What a concept! But would it sell newspapers?

The lynch mob mentality of some affronted a commenter (fortunately):

"Does anyone believe that the N&O; will condemn the comments in court that amount to COMMUNICATING THREATS. The comments of 'Dead Man Walking' and 'Rapist' to a 19 year old that has NOT stood trial yet? Is this how our justice system is supposed to operate — intimidiation and threats in the Court room? The N&O; would be having their own Midnight vigil if a black defendant had been treated like this in court with all the rules that Nifong has chose to break in the persecution of these players. But, the Defendant is WHITE, so it's another day at the office for the N&O.; Want to go to Lunch early?

"The N&O; mentions the Peterson Race-Baiter as making suggestions. Funny the reports on the Radio and in some of the National Press said she was YELLING at David Evans and his family.

"The Double Standard and outright bias in the coverage of the case is simply amazing.

"Note to Ms. Sheehan: Our system does not punish groups of people for the acts of one. We don't have GROUP justice. I know — but it didn't fit with your vilification of the players. You're really reaching now."

The good news is that this commenter is right; the bad, that media agendas can trump fairness and truth.

A commenter pointed out that the African-American strippers were not even supposed to have been at the party"

"I would like to address Steve and his comment about hiring two African-American strippers:

"'My favorite line was this: "This case started by the DA pandering to race and class to get elected...."''

"According to Kim Roberts, the 2nd dancer, the lacrosse players did NOT request African American strippers. Not at all; not one; none.

"They certainly didn't request two EX-Cons, one a Felon on the lamb with an outstanding warrant for her arrest. The other with a history of substance abuse (3 license suspensions) and the following jewel on her resume:

"'In connection with the 2002 incident, the woman was charged with felonious assault with a deadly weapon [the stolen taxi] on a government officer, felonious larceny and felonious possession of a stolen vehicle, felonious speeding to elude arrest, driving while impaired, driving with a revoked license, driving while left of center, ignoring an officer's blue lights and siren, reckless driving, driving the wrong way on a dual-lane highway, having an open alcoholic beverage container in the car, two counts of damaging personal property and resisting a public officer.'

"http://www.heraldsun.com/durham/4-735912.html

"And you say the lacrosse team was out of control? Funny. Very Funny."

BUT, for the three indictees, and their family and friends, it's not at all funny. Because Mr. Nifong wanted to win that primary so badly that he hastily indicted and wants to win the upcoming general election so badly that he has not dropped it as improvidently brought and won't try the case until next year, after the election.

A commenter described nasty (and newsworthy) comments made to one of the indictees, but NOT reported by The News & Observer:

"In Regard to the 5/18 court date of Reade Seligman, NBC and FOX both reported that an African American man was calling out to Reade Seligman IN THE COURTROOM, 'You a Dead Man Walking.' NBC and FOX also reported the F word being used towards Seligmann and he was called a F word Snake.

"The N&O;, predictably, reported that Seligman was called a Rapist, but did not report the Threats communicated by African Americans in the Court Room.

"Seems like a significant part of the story to omit. Especially with change of venue motions on the horizon."

A commenter chided Ms. Sheehan for her rush to judgment and hoped Ms. Sheehan would examine the facts and realize her mistake:

"Ms. Sheenan,

"You divulged a very personal past experience to justify your aligning your self with the accuser, when you did not have all of the facts regarding this case. As the facts continue to come out I hope you as feel betrayed as I do. Not every accusation regarding rape is true, even though it is unconscionable to me someone would level an allegation so horrific for personal gain, whether it be to save ones own behind or for financial gain. It is just something I do not believe you would ever do, nor would I. I respect your sense of empathy but hope you have learned an important lesson, you owe it to yourself and your readers to think clearly and fairly before acting . You are an adult now with a responsibility to society.

"What is your son were falsely accused? Can you try to empathize with that? It would change his life forever."

This commenter (a woman) saw the whole picture. Both rape and false rape accusations are criminal. And whether or not a rape was committed does not depend on the race of the accuser or the race of the accused.

Another commenter yearned for facts and fairness:

"Ms. Sheean,

"I found it amazing that the stern Judge Stephens set down very strict rules about behavior for the gallery of court spectators and then do not follow through and hold the (New) Black Panther racist who was shouting threats and name calling in contempt of court, seems like another example of political correctness run amok.

"Just another day in Mayberry...er Durham."

Finally, a commenter cited a frightening comment by a black man that may explain why the black vote carried Mr. Nifong to victory in the Democrat primary:

"I remember seeing a 'man on the street' interview with a black man from Durham on MSNBC about the trial and he said that he didn't care if they did it or not and that they should just go to jail because they were rich and white. Opinions like those, if not widely accepted by society, still often get a pass. Certainly you could imagine the firestorm if someone had said of a black defendant that they didn't care if he was guilty of the crime, but should go to jail anyway because he was black and poor."

When Dr. Martin Luther King uttered these words — "I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character" — he was admonishing blacks as well as whites:

As for Ms. Sheehan, give her the credit she is due. Her June 19, 2006 article is titled "DA ought to hand off case" and strongly suggests that she has learned something.

Ms. Sheehan's article:

"There are two ways for Durham District Attorney Mike Nifong to get out of the mess otherwise known as the Duke lacrosse case.

"One, he can surrender to criticism and call for a special prosecutor to step in and take command.

"Two, he can wait for a write-in candidate to make history and unseat a sitting Democratic district attorney in Durham County.

"Great choices, eh?

"Every time I think this case can't get any messier, it reaches new lows.

"We still don't know what happened in that house near the Duke campus. Perhaps Nifong has a stash of evidence that will make it clear the woman who danced for the lacrosse players was indeed held against her will and violated, as the indictments against the three men charge.

"But publicly at least, the prosecutor's case appears to be unraveling, and the work of the Durham Police is once again called into question. (I'm having a Mike Peterson flashback.)

"Most troubling is what the district attorney appears to have known, compared with what he said, in the early days of the investigation — about the use of condoms by the alleged perpetrators, for example, or the identity of the 911 caller.

"And of course there was the DA's harrowing description of the crime itself — which appears to contradict the emergency room report and the woman's own conflicting accounts.

"To think that for a brief moment I actually pitied Nifong for the attacks on his handling of the case. What a joke.

"Nifong is the one who described this thing in such incendiary terms from the start that it was impossible to ignore.

"Say all you want about the media's rush to judgment. But the truth is we report on allegations and charges out of district attorneys' offices every single day. And when a DA, especially one with Nifong's reputation for being a quiet, behind-the-scenes guy, comes out not only saying that a rape occurred, but that it was a brutal gang rape, in which the woman was strangled and beaten, you had to figure he had incontrovertible evidence.

"Apparently, he didn't.

"Whether he was shooting from the hip based on word-of-mouth inaccuracies or flat-out making the stuff up, I don't know.

"I do wonder whether his over-the-top remarks don't violate the bar's admonition against prosecutors 'heightening public condemnation of the accused.'

"This case has affected the reputations of three young athletes, possibly unfairly. It has torn off the scabs on race and class — in Durham and beyond. You need look no further than the blogosphere for evidence of that.

"Sadly, it has also further eroded a wary public's confidence in our legal system.

"I tried contacting the prosecutor Friday to talk about all this, but his office was swamped with a new (false) rumor that he was planning a news conference to announce that he was asking that the case be dismissed. He never called me back.

"At this point, Nifong has damaged his own reputation and his own office to the point where he cannot possibly handle this case to its resolution.

"It's time for him to call in a special prosecutor and put himself — and the rest of us — out of our misery."

Ms. Sheehan, IF Mr. Nifong had evidence to support the indictments, he would not need to be put out of his misery. As it is, he needs to off the case, out of office and disbarred.

© Michael Gaynor