I want to briefly note some critiques I’ve heard from readers about my blogging on the Duke lacrosse case:
(1) I’m being too hard on the victim and her family.
(2) I’m putting too much weight on statements made in the press, particularly those not made by the accuser.
(3) The alleged identifications by the victim don’t mean that the mass DNA tests weren’t required.
(4) The Durham County District Attorney, Matt Nifong, is the one mouthing off in the press.
(5) I’m putting too much weight on statements coming from defendants’ attornies.
Just to quickly respond to (1) and (2), I don’t mean to pick on the victim and her family, and I certainly understand that statements in the press are likely to be imprecise and contradictory, particularly those not coming directly from the victim.
Nonetheless, I do think it’s noteworthy when the victim’s account and the timeline of the night in question come into conflict with media reports or public statements by her father. I’ve tried to be careful to note that these conflicts are not dispositive one way or the other, but if you haven’t gotten that message, please listen now.
As far as (3), I’m not a lawyer and I certainly understand that eyewitness identifications are frequently inaccurate. But if the victim identified her attackers as her father claimed, can the DA just go out and compel 43 other DNA samples just in case she is wrong? In fact, if she remembered any physical characteristics of her attackers besides race, the DA could have at least narrowed down the list of suspects.
As a result, it seems like either the father is overstating what his daughter can remember or the DA is on a fishing expedition, the subject of (4). I’m certainly wary of Mike Nifong, the Durham County District Attorney, who has essentially tried this case in the press in the midst of an election campaign.
Re: (5), I try to be skeptical of defense claims, but there is a limited amount of information in the public record. Many of these issues — such as the address that was or wasn’t on the front of the lacrosse house — will ultimately be resolved in court if this case goes anywhere.