Michael Gaynor
May 24, 2006
My email on Tawana Two (aka the Duke "rape" case)
By Michael Gaynor

There's no doubt that many black women were raped by white men in America and never were held liable for it. When slavery was "legal," "rape" was an exercise of a property right instead of a crime. But (1) slavery ended long ago, (2) none of the Duke lacrosse players ever owned slaves, and (3) no innocent person ought to be convicted on a phony rape charge in order to "atone" in some perverse way for slavery or white racism, or as punishment for the stupidity of attending a party at which strippers of whatever color were the "entertainment."

As more and more information becomes public, it looks more and more like the so-called Duke "rape" prosecutions are the result of (1) a false report, or hoax, and (2) a white Democrat attorney's politically motivated decision to secure indictments before a Democrat primary election in which black votes would be decisive, in a transparent attempt to pander to black voters more motivated by emotion than reason.

My last article on the subject elicited plenty of email, much of it thoughtful.

Examples:

"Thank God that someone has finally had the guts to stand up and focus. Mike Nifong should not be able to walk away from this, even after all of the truth comes out. He should pay for abusing the powers of his office."

National Journal's Stuart Taylor performed a great public service by telling the sad truth. I was pleased to spread the word. Whether or not MR. Nifong gets away with anything remains to be seen. He too is entitled to a presumption of innocence and there would have to be evidence of bad faith, not mere suspicion, no matter how reasonable.

"One thing that most Northerners, referred [to] down here as Yankees, do not seem to take from this fiasco is the overwhelming effect of Race in the South. You refer to it, and the political correctness of the Duke Establishment, which is, after all, an Ivy League wannabe located in the South. From news reports, Duke is split; the whites thinking railroad, the blacks believing in 'The Sister.'

"Nifong exploited and rode the racial divisions to Election. If he admitted that he basically has No Case, the accuser lied, etc., the 'black community' would be outraged at best. At worst it would be used by the agitators and professional racists such as the Black Panther Party. Demonstrations, possible riots, etc. I lived in New York for the 125th Street riots of 1964. Mr Nifong would possibly be in personal as well as professional danger. Also, [prominent black attorney] Willie Gary, and the possibility of a Civil action lurks in the background. Race aside, it is doubtful that Mr. Gary would join a losing cause.

"In my opinion, and I have read this elsewhere, Mr Nifong's ONLY way out is to carry it through a trial; then blame the jury. From the attitude of the judge at the Seligman Hearing, he will be given every assistance by the court. After the inevitable acquittal, although after the OJ trial, who knows, Nifong can blame it on the jury.

"Hopefully, somewhere along the way to the 2007 trial date, a 'show cause' or other motion can be filed, or something done to derail this Fiasco."

That judge previously held Mr. Nifong's current office. It seems inconceivable that any of the three indicted will be convicted, but acquittal may not be inevitable. Remember, a single juror kept the so-called 20th hijacker from receiving the death penalty. A single juror can "hang" a jury and prevent an acquittal. Ideally, an all-black jury would acquit. THAT would help to heal the damage already done by the accuser. Amazingly, it has been reported, there IS DNA evidence to show that she had sex with three men around the time of the alleged rape, but not one of them played lacrosse for Duke.

"I just had a minute to read your article which was posted yesterday in The Conservative Voice. I appreciate you taking the time to detail the reverse discrimination by so many parties. I am close with one of the families dealing with this situation right now. Their lives have been stampeded by this woman's accusations. Their family, a truly lovely one, has been kidnapped by these events. I grew up on Long Island, playing lacrosse and I have often found the superior attitude of the players to be unsettling. I have attributed it more, to young men, going through a stage in life, where their ability to handle attention is not yet fully developed. Usually, they grow up and become level-headed adults. A brash attitude does not merit a consensus denial of rights-maybe just a little more even keeled parenting.

"Please keep up the good work in following this case and making sure we all get to see the full story here. If Mike Nifong does not have some piece of evidence that makes this case sound, it should be dropped. People need to know what is going on here. It appears, more and more likely, that this case is a total fabrication. Your ability to add some clarity is much needed. Please stay on it."

What is needed is clarity. The Reverend Al Sharpton has yet to apolgize for the Tawana Brawley hoax. Some so-called black leaders actually think admitting that a black woman falsely charged rape would be worse than acknowledging the truth. A great pity. Even in Mayor Ray Nagin's "Chocolate City."

"Thanks for comments. A few of my own:

  1. Local DA told me here, following election, DA doesn't appear much at all in public. He says he is better 'behind the scenes.' Friend told me that is was VERY unprofessional for Nifong to call all these press confereces,

  2. Racial hatred from Blacks is so intense that they would elect Nifong just to 'get back.' Since most of it is coming from NCCU, there is a tremendous element of envy; after all, good Black students get into Duke 37% of students are Minorities; they don't go to NCCU.

  3. Those who bring up the 'Masters raping slaves' should look at recent crime statistics. Alleged rapes are mostly Black on Black, White on White; some Black on White; and ALMOST ZERO White on Black.

  4. Ditto on idea that no way could all these 40 lie in lockstep; someone would 'squeal.' Likewise, airhead NPR 'expert' Juan Williams, when asked by Fred Barnes if all 250 Swift Boat Vets were lying in lockstep about John Kerry, Williams said 'yes' hopeless.

  5. I would bet money that the 'victim' is on welfare, maintaining her benefits by being a 'student' (this was a 'workaround' for Welfare Reform; and no doubt she doesn't pay taxes on her earnings from stripping and, likely, 'sex work' (DNA from 3 men found at time of 'rape') not exactly what to expect from a 'dedicated mother struggling to support her children.'

" When most of the dust settles, careers of the lacrosse players have been hampered, perhaps ending on a lower tier, Nifong reprimand, Durham City Manager forced out of a job, The President of Duke retires or moves on and the Victim receives money for her story, scholarships, book deal and talk shows (hopefully not Nancy Grace).

Whatever the truth is, it should come out.

"I hope someone has the guts and money to go after Nifong for 'malicious prosecution.' someone who isn't paralyzed by 'White Guilt,' as Shelby Steele has so beautifuilly described."

Prosecutors should not be political. But the ideal is not yet the real.

Finally, from the lady who wanted me to write about one of the three indicted:"While acknowledging the overall good character of the lacrosse team. Collin Finnerty, one of the fingered lacrosse players has a history of assault and battery, gay bashing. I saw this nowhere in you article."

To whom I replied: "If there was physical evidence against him, or one person confirming the accuser's charge, or even an accuser with a consistent story, it would be relevant and you would have seen it. Like the accuser's history of charging rape against three males at a time.

Which received this remarkable response:

"Well written,

"I have my own theory of the case. I think it's an drugging, assault and battery, robbery run amok! All sides, defense included, agree there was an argument about money. You have a mountain of physical evidence that the lady was beaten, hospital reports, a 12:30 photo of her smiling, a 12:37 photo of her flat on her face, evidence of a struggle, broken fingernails.

"Also, in the search warrant, Smokinggun.com, you have lots of missing property, roll of $20's, cell phone, and other personal property, as described by the claimant. Also, If the property was lost, I would attempt to return it, but if I stole it, well...

"Also, in the Search warrant, Smoking gun.com, pills were seized from the Buchanan house, It's a shame toxicology wasn't done, then we would have known whether she was drunk or drugged.

"As for the rape, I don't think there was enough time. But because of the trauma, beating, being drugged, etc. I think she mixed up this attack with the 1st time she was attacked, raped, way back when.

"I invite you to take 'the rape' out of that night, and see if you see evidence of another crime, just a mundane argument, robbery, assault and battery."

I don't see that. But, whatever the truth is, it should come out. As for why the lady believes that the accuser's first story about being raped by three men, I don't know. The authorities did not prosecute any of the three men she accused long ago, and she did not sue any of them. Of course, none of them was a Duke lacrosse player.

© Michael Gaynor

 

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Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)

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