Bad News for Duke

[Lax_Stats]

Her are a few more things that jump out at me regarding this situation:

1) Why did the police take DNA samples from 45 people instead of making arrests?
2) Wasn't a line up done so the alleged attackers could be identified? It seems to me this would be the way to go. I haven't heard anything about the alleged attackers wearing masks or other disguises or the alleged victims being blind folded or otherwise having their ability to identify someone obstructed in any way?
3) If I am a cop investigating these accusations, I proceed like this. I immediately contact the reporting party to get her statement as well as dispatch other officers to the house to keep people there. I ask the alleged victim to give a description of her alleged attackers and I radio the officer to take these people into custody. I then take the alleged victim to the police station as well as the alleged attackers and run a line up. Those identified in the line up are arrested, charged, and jailed. Those not identified are released. I then forward the information to detectives to follow up and do further interviews. The detectives forward their reports onto the prosecuting attorney who decides if there is sufficient evidence to charge the identified alleged attackers or anyone else with a crime.

While I am not a police officer, as a defense attorney, I know how the legal system works. This is pretty much law enforcement 101. I'm not exactly sure what is going on, but something just isn't right here and I think the police realize that which is why no one has been arrested to this point.

[Sonny]

A comprehensive look at the Duke lacrosse investigation (from IL.com):
http://www.insidelacrosse.com/page.cfm?pagerid=2&news=fdetail&storyid=118934

[Bluevelvet]

....If I am a cop investigating these accusations, I proceed like this. I immediately contact the reporting party to get her statement as well as dispatch other officers to the house to keep people there. I ask the alleged victim to give a description of her alleged attackers and I radio the officer to take these people into custody. I then take the alleged victim to the police station as well as the alleged attackers and run a line up. Those identified in the line up are arrested, charged, and jailed. Those not identified are released. I then forward the information to detectives to follow up and do further interviews. The detectives forward their reports onto the prosecuting attorney who decides if there is sufficient evidence to charge the identified alleged attackers or anyone else with a crime.
While I am not a police officer, as a defense attorney, I know how the legal system works. This is pretty much law enforcement 101. I'm not exactly sure what is going on, but something just isn't right here and I think the police realize that which is why no one has been arrested to this point.

As another defense attorney, I agree with most of what you said. That is the "normal way to proceed".
But, the article from Inside Lacrosse said that the police were at the scene within 2 minutes and no one was at the house at 610 N. Buchanan. Meanwhile, the alleged victim was 2 miles away in a supermarket parking lot. Difficult to get an ID and lineup under those circumstances. And even more difficult to get probable cause for an arrest.
I would be shocked if the police have not shown the alleged victim some type of photo spread of the lacrosse players. Maybe that is why the prosecutors claim to have enough evidence to proceed without positive DNA results. They could proceed on the victims statement, the rape kit exam, the neighbor's testimony, the physical evidence at the house and the photospread results (if any).
If there is no ID and no DNA evidence, there may be evidence of a crime but no basis to proceed against any individual...no criminal prosecution.

[laxfan25]

If there is no ID and no DNA evidence, there may be evidence of a crime but no basis to proceed against any individual...no criminal prosecution.

No, in that case the penalty is served by the in-home...

[Bluevelvet]

If there is no ID and no DNA evidence, there may be evidence of a crime but no basis to proceed against any individual...no criminal prosecution.

No, in that case the penalty is served by the in-home...

What?

[UofMLaxGoalie11]

I was out at a birthday party last night and I had a Virginia lacrosse shirt on. Unfortunately I had about 3 people approach me and start talking to me about the Duke lacrosse team. Everyone I talked to seemed to think that they were obviously guilty. Unfortunately, the way I have seen this covered by most places, it makes it seem like they have already been proven guilty. This is horribly unfortunate for lacrosse and I think it will tarnish the image of all lacrosse players for some time to come. I want people to talk to me about how enjoyable lacrosse is, rather than the scandals surrounding it.

[Lax_Stats]

OMG LaxFan25, that's too funny!! LMAO Way to use your imagination on that one!!! Finally, a little bit of humor in this thread.

However, apparantly there is no "In-home" since the police arrived 2 minutes later and found no one in the home. So, therefore, there is no official "in-home" player.

[laxfan25]

OMG LaxFan25, that's too funny!! LMAO Way to use your imagination on that one!!! Finally, a little bit of humor in this thread.

However, apparently there is no "In-home" since the police arrived 2 minutes later and found no one in the home. So, therefore, there is no official "in-home" player.

In this case he would be the first player listed on the police blotter.
Perhaps you can explain it to BlueVelvet.

[Lax_Stats]

I was out at a birthday party last night and I had a Virginia lacrosse shirt on. Unfortunately I had about 3 people approach me and start talking to me about the Duke lacrosse team. Everyone I talked to seemed to think that they were obviously guilty. Unfortunately, the way I have seen this covered by most places, it makes it seem like they have already been proven guilty. This is horribly unfortunate for lacrosse and I think it will tarnish the image of all lacrosse players for some time to come. I want people to talk to me about how enjoyable lacrosse is, rather than the scandals surrounding it.

This is why I have been so upset with so many of the postings in this thread! It seems so many of you have already tried and convicted these guys and that just isn't fair to them! Would you want people to treat you this way if you were in their position and especially if you happened to be innocent of the allegations made against you?!?!? As I have been saying the whole time, we first have to determine if in fact a crime has been committed and by whom! Was it rape, sexual assault, sodomy, kidnapping or was it filing a false police report. Then, once that has been determined, the appropriate person or persons need to be charged with an actual crime and go thru the legal process or a trial or plea bargain. Whoever the actual victims here are, I feel very sorry for them! If it is the women making the allegations, I feel so sorry for them that they had to endured such a horrible nightmare. If it is the players, I feel sorry for them that they have had their reputations ruined the way they have. Either way, the victims also have to shoulder some sort or responsibility here as well. If you are a dancer/escort and choose this line of work, you have to expect that sooner or later some idiot will do something stupid like assaulting you in some way. It doesn't make it right, but you still have to expect that it might happen. If you are the players/persons throwing a party with underage drinking and dancers/escorts at the party, you can expect that your irresponsible behavior might just to a very bad ending as a result. We can be thankful that whatever the exact situation is, that it didn't lead to anyone getting killed!

[Lax_Stats]

A comprehensive look at the Duke lacrosse investigation (from IL.com):
http://www.insidelacrosse.com/page.cfm?pagerid=2&news=fdetail&storyid=118934

Sonny, Thanks for posting this link!! While it is very long and I haven't yet had a chance to read it to completion, it says a lot of what I have been trying to say and what no one seems to be hearing or considering.

[Bluevelvet]

OMG LaxFan25, that's too funny!! LMAO Way to use your imagination on that one!!! Finally, a little bit of humor in this thread.

However, apparently there is no "In-home" since the police arrived 2 minutes later and found no one in the home. So, therefore, there is no official "in-home" player.

In this case he would be the first player listed on the police blotter.
Perhaps you can explain it to BlueVelvet.

Must be local slang. Never heard of it.

[Lax_Stats]

OMG LaxFan25, that's too funny!! LMAO Way to use your imagination on that one!!! Finally, a little bit of humor in this thread.

However, apparently there is no "In-home" since the police arrived 2 minutes later and found no one in the home. So, therefore, there is no official "in-home" player.

In this case he would be the first player listed on the police blotter.
Perhaps you can explain it to BlueVelvet.

Must be local slang. Never heard of it.

The "in-home" is the first attackman listed in the scorebook. He is the player who serves any penalties on the head coach or assistant coach as well as bench penalties, and penalties where perhaps the number was forgotten between the throwing of the flag and the stoppage of play.

[Bluevelvet]

Ah, lax term; not criminal courts term. I was in criminal mode.

[laxfan25]

OMG LaxFan25, that's too funny!! LMAO Way to use your imagination on that one!!! Finally, a little bit of humor in this thread.

However, apparently there is no "In-home" since the police arrived 2 minutes later and found no one in the home. So, therefore, there is no official "in-home" player.

In this case he would be the first player listed on the police blotter.
Perhaps you can explain it to BlueVelvet.

Must be local slang. Never heard of it.

You've never heard of the "in-home" in lacrosse?
He must be a starting attackman and is supposed to be the first player listed in the scorebook. He serves team or bench penalties, such as those on the coach, or where a player's identity can't be determined.

[Lax_Stats]

OMG LaxFan25, that's too funny!! LMAO Way to use your imagination on that one!!! Finally, a little bit of humor in this thread.

However, apparently there is no "In-home" since the police arrived 2 minutes later and found no one in the home. So, therefore, there is no official "in-home" player.

In this case he would be the first player listed on the police blotter.
Perhaps you can explain it to BlueVelvet.

Must be local slang. Never heard of it.

You've never heard of the "in-home" in lacrosse?
He must be a starting attackman and is supposed to be the first player listed in the scorebook. He serves team or bench penalties, such as those on the coach, or where a player's identity can't be determined.

Geez LaxFan25, why dont you just copy me!! LOL