Duke Guilty In Rush To Judge
David Bauman
Issue date: 3/21/08 Section: Opinions
It's not only former Duke Lacrosse players Collin Finnerty, David Evans and Reade Seligmann who are still seeking to right the wrongs that were done to them, it's now a total of 38 members of the 2006 team who are suing Duke University.
Finnerty, Evans and Seligmann were wrongfully accused of first-degree sexual assault, kidnapping and rape in March 2006. They are not only seeking monetary damages, but reform.
A spokesman for the 38 players said they all suffered emotional distress after the school failed to support them during the investigation. Do they have a strong case? It
seems the answer is a simple -- yes.
The suit claims, "Duke officials actively blinded themselves to and suppressed exculpatory evidence; discredited exculpatory evidence that had been publicly disclosed; stood passively while faculty and student protestors waged a campaign of abuse and harassment against the lacrosse team members; issued statements and imposed discipline on the team that signaled the players' guilt (canceling the season), and remained silent when an inexperienced nurse at its medical center falsely characterized a medical exam at Duke Hospital as indicating that a rape had taken place."
Duke University Counsel Pamela Bernard's response, "Their legal strategy -- attacking Duke -- is misdirected and without merit. To help these families move on, Duke offered to cover the cost of any atorneys' fees or other out-of-pocket expenses, but they rejected this offer. We will vigorously defend the university against these claims."
Yet, Duke has already accepted responsibility for their wrongdoing, at least in dealing with the three former student-athletes who were falsely accused.
In June 2007, Duke agreed to an undisclosed settlement with Finnerty, Evans and Seligmann instead of facing future litigation.
Since dismissal of the case, Finnerty, Evans and Seligmann have sued former Durham County District Attorney Michael B. Nifong, the city of Durham, police officials, and the University.
Finnerty, Evans and Seligmann were wrongfully accused of first-degree sexual assault, kidnapping and rape in March 2006. They are not only seeking monetary damages, but reform.
A spokesman for the 38 players said they all suffered emotional distress after the school failed to support them during the investigation. Do they have a strong case? It
seems the answer is a simple -- yes.
The suit claims, "Duke officials actively blinded themselves to and suppressed exculpatory evidence; discredited exculpatory evidence that had been publicly disclosed; stood passively while faculty and student protestors waged a campaign of abuse and harassment against the lacrosse team members; issued statements and imposed discipline on the team that signaled the players' guilt (canceling the season), and remained silent when an inexperienced nurse at its medical center falsely characterized a medical exam at Duke Hospital as indicating that a rape had taken place."
Duke University Counsel Pamela Bernard's response, "Their legal strategy -- attacking Duke -- is misdirected and without merit. To help these families move on, Duke offered to cover the cost of any atorneys' fees or other out-of-pocket expenses, but they rejected this offer. We will vigorously defend the university against these claims."
Yet, Duke has already accepted responsibility for their wrongdoing, at least in dealing with the three former student-athletes who were falsely accused.
In June 2007, Duke agreed to an undisclosed settlement with Finnerty, Evans and Seligmann instead of facing future litigation.
Since dismissal of the case, Finnerty, Evans and Seligmann have sued former Durham County District Attorney Michael B. Nifong, the city of Durham, police officials, and the University.
2008 Woodie Awards
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