In March 2006, Crystal Gail Mangum, a black student at North Carolina Central University who worked as a stripper, escort and dancer, accused three white Duke University students – all members of the Duke Blue Devils men's lacrosse team – of raping her. The rape was alleged to have occurred at a party hosted by the lacrosse team, held at the house of two of the team's captains in Durham on March 13, 2006. Durham District Attorney Nifong suggested that the alleged rape was a hate crime.
In response to the investigation uncovering team players' emails referring to "killing strippers and skinning them", Duke University suspended the lacrosse team for two games on March 28, 2006. The following week, on April 5, Duke lacrosse coach Mike Pressler was forced to resign under threat by athletic director Joe Alleva, and Duke president Richard Brodhead canceled the remainder of the 2006 season.
The initial prosecutor, Mike Nifong, was labeled a "rogue prosecutor" by Cooper, and withdrew from the case in January 2007 after the North Carolina State Bar filed ethics charges against him. In June 2007, Nifong was disbarred for "dishonesty, fraud, deceit and misrepresentation", making him the first prosecutor in North Carolina disbarred for trial conduct. Nifong served one day in jail for lying about sharing DNA tests (criminal contempt); the lab director said it was a misunderstanding and Nifong claimed it was due to weak memory. Mangum maintained her insistence that she was sexually assaulted that night. She faced no charges.
Cooper noted several inconsistencies between Mangum's accounts of the evening and Seligmann and Finnerty's alibi evidence. The Durham Police Department also came under fire for violating their own policies by allowing Nifong to act as the de facto head of the investigation; using an unreliable suspect-only photo identification procedure with Mangum; pursuing the case despite vast discrepancies in notes taken by Investigator Benjamin Himan and Sgt. Mark Gottlieb; and distributing a poster presuming the suspects' guilt shortly after the allegations.
In 2007, Seligmann, Finnerty, and Evans sought unspecified damages and called for new criminal justice reform laws in a federal civil rights lawsuit against the City of Durham.
Coordinates: The Duke Lacrosse Case was a widely reported 2006 criminal case in which three members of the Duke University men's lacrosse team were falsely accused of rape. The case evoked varied responses from the media, faculty groups, students, the community, and others. The case's resolution sparked public discussion of racism, sexual violence, media bias, and due process on campuses, and ultimately led to the resignation and disbarment of the lead prosecutor, Durham County District Attorney Mike Nifong.
In March 2006, Crystal Gail Mangum, a student at North Carolina Central University, had been working part-time for about two months as a stripper. Although Mangum claimed that she had only recently taken up stripping, she had actually worked at strip clubs as early as 2002: When she was arrested that year for stealing a taxi and trying to run over a police officer, the incident report stated that she had been lap dancing at a strip club that evening.
On March 13, 2006, a party was held at 610 North Buchanan Boulevard, a house owned by Duke University and used as the off-campus residence of the Duke lacrosse team captains. The party was intended as compensation for the team having to remain on campus and miss Spring Break. The players were consuming alcohol at the party. Several players did not know that strippers were being hired until the players arrived at the party and were asked to contribute to the strippers' fees.
A team captain contacted Allure, an escort service, and requested two white strippers. However, the two women who arrived, Mangum and Kim Mera Roberts (aka Kim Mera Pittman), were respectively black and biracial (half-black/half-Asian). Before arriving at the party, Mangum, by her own admission, had consumed alcohol and Flexeril (a prescription muscle relaxant). Mangum and her coworker that day, Roberts, traveled to the party separately. Roberts drove herself and arrived first, and Mangum was later dropped off by a man.
According to the team captains, one player asked if the strippers had any sex toys, and Roberts responded by asking if the player's penis was too small. The player then brandished a broomstick and suggested that she "use this [as a sex toy]". This exchange of words abruptly stopped the performance, and both strippers shut themselves in the home's bathroom. While the women were still in the bathroom, Reade Seligmann and Collin Finnerty left the house. The women eventually came out, and Mangum roamed around the yard half-dressed and shouting.
According to the accuser, the women were coaxed back into the house with an apology, at which point they were separated. She asserts she was then dragged into a bathroom and raped, beaten, and choked for a half hour. Later, police received a 911 call from a woman complaining that white men gathered outside the home where the party took place had called her racial slurs and threatened to sodomize her with a broomstick.
Some of the party attendees expressed displeasure that the strippers had delivered a very short performance despite being paid several hundred dollars apiece to perform. The team captain who had hired the strippers tried to convince the women to come back into the house and complete the performance. Both women came back into the house, but upon being approached by the player who had earlier held up the broomstick, again refused to perform and locked themselves in the bathroom. By this point, a number of the party guests had left, and the residents of the house, including David Evans, were asking the remaining guests to leave because they were concerned that the noise would cause neighbors to complain to police. When the strippers left the bathroom and the house for the second time, a resident locked the door so they (and the guests who had left the house) could not get back in.
Shortly before 1 a.m., Mangum and Roberts entered Roberts's vehicle. Roberts called the partygoers "short dick white boys", and jeered at a player about "how he couldn't get it on his own and had to pay for it", to which one player yelled, "We asked for whites, not niggers." Mangum and Roberts departed in Roberts's car.
Roberts then called 911 and reported that she had just come from 610 North Buchanan and a "white guy" had yelled "nigger" at her from near the East Campus wall. The party ended shortly thereafter and everyone, including the residents, left the house. Police later went to the house as a result of Roberts's complaint, but got no answer at the door; a neighbor confirmed that a party held earlier had ended.
As Roberts drove away with Mangum, the two women began to argue. Roberts stopped the car and attempted to push Mangum out. When that failed, Roberts drove Mangum to a nearby Kroger supermarket, went inside, and told a female security guard that a woman was refusing to leave her car. The guard walked to the car and asked Mangum to leave, but Mangum remained in the vehicle. The guard later said she had not smelled alcohol on Mangum's breath, but thought she might have been under the influence of other drugs. At 1:22 AM, the guard called 911 to report that Mangum refused to leave the car. Police then arrived, removed Mangum from the car and questioned her.
As Mangum had no identification, would not talk to police, was having difficulty walking, and seemed severely impaired, police took her to Durham Center Access, a mental-health and substance-abuse facility, for involuntary commitment. During the admission process, she claimed that she had been raped prior to her arrival.
Mangum was transferred to Duke University Medical Center. Examination of her skin, arms, and legs revealed no swelling, no abnormalities, and three small cuts on her right knee and right heel. When asked, she specifically and repeatedly denied receiving any physical blows by hands. Further examination showed no tenderness in the back, chest, and neck.
There was diffuse swelling of her vagina. Mangum later claimed that she had performed using a vibrator for a couple in a hotel room shortly before the lacrosse team party. This activity, or a yeast infection, could have caused the swelling. Investigators did not note any other injuries in the rest of the report.
A couple of hours after the party ended, Ryan McFadyen, a member of the lacrosse team, sent an e-mail to other players saying that he planned to have some strippers over, kill them, and cut off their skin while wearing his Duke-issue spandex and ejaculating.
The e-mail began:
To whom it may concern, tomorrow night, after tonights show, ive decided to have some strippers over to edens 2c. all are welcome.. however there will be no nudity. I plan on killing the bitches as soon as the[y] walk in and proceding [sic] to cut their skin off while cumming in my duke issue spandex . . all in besides arch and tack [two of his teammates] please respond
Some of the players suggested the e-mail was intended as humorous irony. Administrators asserted the e-mail was an imitation of Patrick Bateman, the protagonist in the Bret Easton Ellis novel, American Psycho, which was read and lectured upon in more than one Duke class, as shown by the e-mail responses from other players. One response read, "I'll bring the Phil Collins," another reference to the American Psycho book and film. Police released the McFadyen e-mail but refused to release the following e-mail exchanges, leaving the impression that the McFadyen e-mail was actually intended as a serious threat. McFadyen thereafter received a thousand death threats in one week.
The e-mail led many people to assume guilt on the part of the players. McFadyen was not charged with any crime, but he was temporarily suspended from Duke, with the university citing safety concerns. He was invited back to Duke to continue his studies later that summer.
The day after the party, on March 14, 2006, the Durham police began their investigation into the rape allegations by interviewing Mangum and searching 610 North Buchanan pursuant to a warrant. The three team captains who lived at the house, including David Evans, voluntarily gave statements and DNA samples to police and offered to take lie detector tests. The police turned down the offer.
On March 15, 2006, the Durham police made their investigation public when Sgt. Mark Gottlieb, the police supervisor, posted on a digital community bulletin board that they were investigating the rape of a young woman by three males at 610 North Buchanan, where she had attended a party in the late evening of March 13, and asking anyone in the area who saw or heard anything unusual to contact Investigator Benjamin Himan.
On March 16 and 21, 2006, police showed Mangum photo arrays in an attempt to have her identify her attackers. Each photo array only contained photographs of lacrosse team members, and did not follow the Durham Police Department's recommended policy of including photos of individuals not regarded as potential suspects (known as "fillers"). Mangum identified Reade Seligmann as someone who attended the party, but not as an attacker, and did not identify Evans at all despite seeing his photo twice.
On March 27, 2006, Durham County District Attorney Mike Nifong received his first briefing on the case from Gottlieb and Himan. Within a few hours of receiving the briefing, Nifong made his first public statement on the case. During the week of March 27, Nifong by his own estimate gave fifty to seventy interviews and devoted more than forty hours to reporters. After that, he continued to make statements, although less frequently. Many of Nifong's statements concerned the team members' alleged failure or refusal to provide information to law enforcement authorities, the team members' invocation of their Constitutional rights, or Nifong's own opinions that a crime had occurred, that it was racially motivated, and that one or more lacrosse players were guilty.
On April 4, 2006, Mangum was shown another photo array containing only photos of the 46 white lacrosse team members, including members who had not attended the party, and with no fillers. The photos were shown to Mangum as a PowerPoint presentation, with each photo projected individually to Mangum, instead of displaying all the pictures arrayed together. For the first time, Mangum identified photos of Seligmann, Evans, and Finnerty as her attackers. She also identified at least one other photo as being a player who was present at the party; further investigation showed he had not been there.
On April 10, 2006, an attorney retained by one of the lacrosse players stated that time-stamped photographs existed which showed that the woman making the accusations (later identified as Mangum) was already injured when she arrived at the party, and was very impaired. Also on April 10, players' attorneys announced that DNA testing by the North Carolina state crime lab had failed to connect any members of the Duke men's lacrosse team to the alleged rape.
On April 18, 2006, Seligmann and Finnerty were arrested and indicted on charges of first degree forcible rape, first degree sexual offense and kidnapping. The same day, search warrants were executed on Finnerty and Seligmann's dorm rooms. Seligmann reportedly told multiple teammates "I'm glad they picked me", alluding to a solid alibi in the form of ATM records, photographs, cell phone records, an affidavit from a taxi driver, and a record of his DukeCard being swiped at his dorm.
On May 12, 2006, DNA Security Inc. (DSI), a private company engaged by Nifong to perform a second round of DNA testing, produced its report (which DSI's director later admitted was incomplete). The report contained an analysis of DNA found on false fingernails discarded by Mangum in the party house bathroom trash, and concluded that 2% of the male population, including Duke lacrosse team captain David Evans, could not be excluded from a match with the fingernail DNA.
On May 15, 2006, former team captain and 2006 Duke graduate Evans became the third player to be indicted on charges of first-degree forcible rape, sexual offense and kidnapping. Just before turning himself in at the Durham County Detention Center, he made a public statement declaring his innocence and his expectation of being cleared of the charges within weeks.
On June 8, 2006, court documents revealed that Roberts, in her initial statement, had said she was with Mangum the entire evening except for a period of less than five minutes. Additionally, after hearing Mangum claim she was sexually assaulted, she called her claims "a crock".
On December 15, 2006, it was reported that Brian Meehan, director of the private DNA testing lab DSI, had testified that, pursuant to an agreement between himself and Nifong, he had withheld information from DSI's May 12 report, thus producing an incomplete report. Defense attorneys contended that the withheld information was exculpatory evidence.
On December 22, 2006, Nifong dropped the rape charges against all three lacrosse players after Mangum told an investigator a different version of events and said she was no longer sure about some aspects of her original story. The kidnapping and sexual offense charges were still pending against all three players.
On December 28, 2006, the North Carolina bar filed ethics charges against Nifong over his conduct in the case, accusing him of making public statements that were prejudicial to the administration of justice and heightened public condemnation of the accused, and of engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. The 17-page document accused Nifong of violating four rules of professional conduct, listing more than 100 examples of statements he made to the media.
On January 12, 2007, Nifong sent a letter to North Carolina Attorney General Roy Cooper asking to be taken off the case, citing the responsibility of the case to the Attorney General's office. The following day, January 13, Cooper announced that his office would take over the case.
On January 24, 2007, the North Carolina State Bar filed a second round of ethics charges against Nifong for a systematic abuse of prosecutorial discretion that was prejudicial to the administration of justice when he withheld DNA evidence to mislead the court.
On March 23, 2007, Justin Paul Caulfield, a legal analyst for the sports magazine Inside Lacrosse, stated on Fox News that the charges against Evans, Finnerty, and Seligmann would soon be dropped. While the North Carolina Attorney General's Office first disputed the report, on April 11, 2007, it announced that it had dismissed all charges against the three lacrosse players. Cooper not only dismissed the charges but also took the unusual step of declaring the accused players innocent. Cooper also announced that Mangum would not be prosecuted, stating that investigators and attorneys that had interviewed her thought "she may actually believe the many different stories that she has been telling ... it's in the best interest of justice not to bring charges".
Shortly after the party, the prosecution ordered 46 of the 47 lacrosse team members to provide DNA samples, although some members had been absent from the party. The sole black member of the team was exempt because Mangum had stated that her attackers were white. On April 10, 2006, it was announced that DNA testing by the state crime lab had failed to connect any of the 46 tested team members to the alleged rape.
After the initial tests by the state crime lab, prosecutor Nifong sought the services of a private laboratory, DNA Security Inc. (aka DSI) of Burlington, North Carolina, to conduct additional tests. DNA from multiple unidentified males was found inside Mangum and upon the rape kit items that had been tested, but none matched any of the lacrosse players. Nifong falsely represented to the court and the public that DNA had only been found from a single male source, Mangum's boyfriend.
In a motion made on December 15, 2006, defense attorneys argued that the DNA analysis report written by DSI and provided to them by Nifong's office was incomplete, because it omitted information showing that none of the genetic material from several men found on Mangum matched any DNA sample from the lacrosse team. Brian Meehan, the director of DSI who wrote the misleading report, testified that his lab did not try to withhold information, but acknowledged that the decision not to release the full report violated the lab's policies. Meehan testified that after discussions with Nifong, he decided to withhold the names of the persons excluded by the DNA testing (all 46 tested members of the lacrosse team) to protect the privacy of players not implicated in the case, despite the fact that two players (Reade Seligmann and Collin Finnerty) had already been indicted for rape more than three weeks prior to the release date of the report. Meehan was later fired in October 2007 based on this incident.
DNA was also taken from all surfaces of three of Mangum's false fingernails retrieved from the trash in the party house bathroom (widely but inaccurately reported as DNA taken only from the "underside" of a single fingernail). According to DNA Security, the fingernail DNA showed some characteristics similar to lacrosse player David Evans's DNA. However, the match was not conclusive, as 2% of the male population (including Evans) could not be excluded based on the sample. In addition, because Evans lived in the house, defense attorneys contended that any DNA present might have come from the tissue paper, cotton swabs, or other hygiene-related trash that had been in the garbage can along with the fingernail. This was confirmed later by Attorney General Cooper's investigation: "to the extent that Evans's DNA could not be excluded, the SBI experts confirmed that the DNA could easily have been transferred to the fingernails from other materials in the trash can".
Nifong contended that lack of DNA evidence is not unusual and that 75–80% of all sexual assault cases lack DNA evidence. Rape victims often delay reporting by days or weeks, inadvertently destroying DNA evidence. However, in this case, Mangum had a rape-kit exam administered only hours after the end of the party, so the absence of DNA evidence was considered unlikely by legal experts.
At Nifong's subsequent ethics trial on June 14, 2007, the complete DNA findings were revealed during defense attorney Brad Bannon's testimony. According to conservative estimates, the lab had discovered at least two unidentified males' DNA in Mangum's pubic region; at least two unidentified males' DNA in her rectum; at least four to five unidentified males' DNA on her underpants; and at least one identified male's DNA in her vagina.
In November 2005, Finnerty and two of his Chaminade High School lacrosse teammates had previously been charged with misdemeanor simple assault in Washington, D.C., following an altercation with a Washington man outside a Georgetown bar. Finnerty was accused of threatening and taunting the man.
Although the man alleged that Finnerty had pushed and threatened him, the man was actually punched by a third party (a friend of Finnerty), who admitted to the punch. Witnesses later testified that Finnerty himself had actually been hit in the head by a friend of the alleged victim. Although the man alleged that Finnerty and his companions had called him "gay" (among other derogatory names), the incident was not prosecuted as a hate crime. Finnerty was initially accepted into a diversion program for first offenders, allowing for the simple assault charge to be dismissed upon his completion of community service.
However, after the Durham charges appeared, the Washington, D.C. prosecutor cancelled his diversion agreement and proceeded with the assault charge. At trial, the chief defense witness was not permitted to testify and police officers presented details which were not in their notes.
Finnerty was convicted and sentenced to six months' probation. Thereafter, he was repeatedly threatened by the judge (John H. Bayly, Jr.) with confinement; once, after an anonymous blog post falsely accused him of violating an order preventing him from being in Georgetown; and again after he was absent from home and missed an obligatory curfew in order to be in Durham to work on his defense there, an absence which he had previously cleared with the judge. Some observers noted the similarity of this treatment with previous attempts by the government to pressure witnesses to testify in a certain manner. On December 28, 2006, shortly after the Durham rape charges against Finnerty were dropped, Judge Bayly ended Finnerty's probation.
In January 2007, Finnerty's assault conviction was vacated (by an order signed by Bayly) and his record was cleared.
Lawyers for the Duke lacrosse players have said that Mangum was intoxicated with alcohol and possibly other drugs on the night of the party. By the accuser's own admission to police, she had taken prescription Flexeril and drunk "one or two large-size beers" before she went to the party.
The Attorney General's office later noted that Mangum had taken Ambien, methadone, Paxil, and amitriptyline, although when she began taking these medications is uncertain. She has a long history of mental problems and suffers from bipolar disorder.
Some of the questions about her credibility were:
The Duke defense lawyers or media reports have indicated:
However, it was later revealed that DNA from multiple males who were neither the lacrosse players nor Mangum's boyfriend had been found, but that these findings had been deliberately withheld from the Court and the defense.
Lawyers and media have questioned the methods of the photo identification process, and have argued that the police supervisor in the case, Sgt. Mark Gottlieb, has unfairly targeted Duke students in the past.
Lawyers and media reports alike suggested the photo identification process was severely flawed. During the photo identifications, Mangum was told that she would be viewing Duke University lacrosse players who attended the party, and was asked if she remembered seeing them at the party and in what capacity. Defense attorneys claimed this was essentially a "multiple-choice test in which there were no wrong answers", while Duke law professor James Earl Coleman Jr. posits that "[t]he officer was telling the witness that all are suspects, and say, in effect, 'Pick three.' It's so wrong."
U.S. Department of Justice guidelines suggest including at least five non-suspect filler photos for each suspect included, as did the Durham Police Department's own General Order 4077, adopted in February 2006.
Ross (the only player she identified as attending the party with 100% certainty during both procedures) provided police investigators with evidence that he was with his girlfriend at North Carolina State University before, during, and after the party through cell phone records and an affidavit from a witness. Another person whom the accuser had identified in April also provided police with evidence that he did not attend the party at all. In regards to Seligmann's identification, Mangum's confidence increased from 70% in March to 100% in April. Gary Wells — an Iowa State University professor and expert on police identification procedures — has asserted that memory does not improve with time.
According to the transcript of the photo identification released on The Abrams Report, Mangum also stated that David Evans had a mustache on the night of the attack. Evans's lawyer stated that his client has never had a mustache and that photos as well as eyewitness testimony would reveal that Evans has never had a mustache.
Defense lawyers suggested police used intimidation tactics on witnesses. On May 11, Moezeldin Elmostafa, an immigrant taxi driver who signed a sworn statement about Seligmann's whereabouts that defense lawyers say provides a solid alibi, was arrested on a 2½-year-old shoplifting charge. Arresting officers first asked if he had anything new to say about the lacrosse case. When he refused to alter his testimony, he was taken into custody. An arrest and conviction would have destroyed his chance for citizenship and could have led to his deportation. Elmostafa was subsequently tried on the shoplifting charge and acquitted, after a grainy security tape proved that a security guard who was the prosecution's chief witness had "misremembered" events.
Police also arrested Mangum's former husband, Kenneth McNeil; her boyfriend, Matthew Murchison; and another friend, with the disposition of their own separate cases entirely in the hands of District Attorney Nifong. The daughter of Durham's police chief was arrested on an old warrant, and the chief himself remained absent from duty and invisible to the press for most of the case.
The News & Observer suggested that the supervisor of the lacrosse investigation, Sgt. Mark Gottlieb, had unfairly targeted Duke students in the past, putting some of his investigational tactics into question. Gottlieb has made a disproportionate number of arrests of Duke students for misdemeanor violations, such as carrying an open container of alcohol. Normally, these violations earn offenders a pink ticket similar to a traffic ticket.
From May 2005 to February 2006, when Sgt. Gottlieb was a patrol officer in District 2, he made 28 total arrests. Twenty of those arrests were Duke students, and at least 15 were handcuffed and taken to jail. This is in stark contrast to the other two officers on duty in the same district during that same 10-month period. They made 64 total arrests, only two of which were Duke students. Similarly, The News & Observer charges that Gottlieb treated nonstudents very differently. For example, he wrote up a young man for illegally carrying a concealed .45-caliber handgun and possession of marijuana (crimes far more severe than the Duke students who were taken to jail committed), but did not take him to jail. Residents complimented Gottlieb for dealing fairly with loud parties and disorderly conduct by students.
Duke's student newspaper, The Chronicle, depicted other examples of violence and dishonesty from Sgt. Gottlieb. It published that one student threw a party at his rental home off-East Campus before the Rolling Stones concert in October 2005. The morning after the concert, at 3 A.M., Sgt. Gottlieb led a raid on the home with nine other officers while the students were half asleep. It reported that one student was dragged out of bed and then dragged down the stairs. It reported that all seven housemates were put in handcuffs, arrested, and taken into custody for violating a noise ordinance and open container of alcohol violations. Sgt. Gottlieb reportedly told one student, an American citizen of Serbian descent, that the student could be deported. Other stories include the throwing of a 130 pound male against his car for an open container of alcohol violation, refusing the ID of a student since he was international, searching through a purse without a warrant, refusing to tell a student her rights, and accusations of perjury.
At the time the rape allegations were made in March 2006, Mike Nifong was in the midst of a difficult Democratic primary election campaign to keep his position as Durham County District Attorney, facing strong opposition. It was understood that if Nifong lost the primary, he would very likely lose his job. Some commentators have opined that Nifong's prosecution of the Duke lacrosse players and his many statements to the media were driven by his political strategy to attract African-American voters. The primary was held on May 6, 2006, and Nifong won by a slim margin of 883 votes. Results showed Nifong won the primary on the basis of strong support from the black community. Nifong went on to win the general election in November 2006, although by a lower margin than usual for Democratic candidates in Durham County at that time.
Nifong hired Linwood E. Wilson as his chief investigator. During Wilson's private detective career, at least seven formal inquiries into his conduct were performed. In 1997, Wilson was reprimanded by the state commission. After his appeal of the decision was rejected, he allowed his detective license to expire. In response to criticism, Wilson stated that no one had ever questioned his integrity. On June 25, 2007, shortly after Nifong's disbarment and removal from office, it was reported that Nifong's replacement, interim district attorney Jim Hardin Jr., fired Wilson from his post.
Mike Pressler, the coach of the lacrosse team, received threatening e-mails and hate calls, had castigating signs placed on his property, and was the frequent victim of vandalism in the aftermath of the accusations. On April 5, 2006, he resigned (later revealed to have been forced) shortly after the McFadyen e-mail became public. Through his lawyer, he stated that his resignation was not an admission of wrongdoing on his part. On the same day, Richard H. Brodhead, president of Duke University, suspended the remainder of the lacrosse season.
Other Duke faculty members (sometimes referred to as the Group of 88 or the "Gang of 88") have been criticized for their "Social Disaster" letter as well as individual comments and reactions which created a perception of prejudgment.
Shortly after the party, the University's president warned in a school-wide e-mail of threats of gang violence against Duke students. Other Duke students claimed they had been threatened. Mobs protested outside the house that had been the site of the party, banging pots and pans at early hours of the morning.
Photographs of lacrosse team members had been posted prominently around Durham and on the Duke University campus with accompanying captions requesting that they come forward with information about the incident.
Fox News was the sole national television news outlet to reveal Mangum's photo following the dismissal of the case, although MSNBC and 60 Minutes revealed her name. Several major broadcasters did not publish Mangum's name at any point, including ABC, PBS, CNN, and NBC.
Partially obscured photos of Mangum at the party were broadcast by The Abrams Report on cable news channel MSNBC and by local television affiliate NBC 17 WNCN in North Carolina. On April 21, 2006, outspoken talk-radio host Tom Leykis disclosed Mangum's name during his nationally syndicated talk-radio program. Leykis has disclosed identities of accusers of sexual assault in the past. On May 15, 2006, MSNBC host Tucker Carlson disclosed Mangum's first name only on his show, Tucker. Court records presented by the defense revealed Mangum's name.
On April 11, 2007, several other mainstream media sources revealed or used Mangum's name and/or picture after the attorney general dropped all the charges and declared the players innocent. These sources include: CBS, The News & Observer, WRAL, all The McClatchy Company's newspapers (which includes 24 newspapers across the country), Fox News, Charlotte Observer, the New York Post, Comedy Central's The Daily Show (airdate April 12, 2007) and MSNBC.
The allegations have inflamed already strained relations between Duke University and its host city of Durham, with members of the Duke lacrosse team being vilified in the press and defamed on and off campus. On May 1, 2006, the New Black Panthers held a protest outside Duke University. The case drew national attention and highlighted racial tensions within the Durham area.
On June 16, 2007, the North Carolina State Bar ordered Nifong disbarred after the bar's three-member disciplinary panel unanimously found him guilty of fraud, dishonesty, deceit or misrepresentation; of making false statements of material fact before a judge; of making false statements of material fact before bar investigators, and of lying about withholding exculpatory DNA evidence.
Following the state bar's announcement, Nifong submitted a letter of resignation from his post as Durham County district attorney, that would have become effective in July 2007. However, on June 18, Durham Superior Court Judge Orlando Hudson ordered that Nifong be immediately removed from office.
On August 31, 2007, Nifong was held in criminal contempt of court for knowingly making false statements to the court during the criminal proceedings. Durham Superior Court Judge W. Osmond Smith III sentenced Nifong to one day in jail, which he subsequently served.
On August 22, 2008, a press release announced the planned publication in October 2008 of a memoir by Mangum, The Last Dance for Grace: The Crystal Mangum Story.
The press release indicated the book "can't and doesn't deal with the complex legal aspects of the case" but that "the muddling of facts about Crystal's life, along with North Carolina Attorney General Roy Cooper's desire to settle the dispute over open file discovery, swallowed the case whole". Defense attorney Joseph Cheshire responded to the news by saying that if the book was truthful, "I think it would be fabulous, and I don't think anybody would think badly about her in any way, shape or form", but that if the memoir did not acknowledge the falsity of her allegations against the players, that he would advise them to initiate civil action against her. Her book was published later that year. In it, she continued to contend that she had been raped at the party and that the dropping of the case was politically motivated. The book outlined her earlier life, including a claim that she was first raped at the age of 14.
On June 18, 2007, Duke University announced that it had reached a settlement with Seligmann, Finnerty and Evans. No details of the settlement were disclosed.
According to author William D. Cohan, Duke reportedly agreed to pay $60 million to the three accused (with each player receiving $20 million) subject to confidentiality requirements. Seligmann's attorney told the New York Daily News that the settlement was "nowhere near that much money".
Seligmann enrolled as a student at Brown University in the fall of 2007, and was an important part of Brown reaching the 2009 NCAA lacrosse tournament as well as a number 10 national ranking. He became an active fundraiser and supporter for the Innocence Project. He graduated from Brown in 2010 and from Emory University School of Law in 2013. He has stated that his experience during the Duke lacrosse case motivated him to attend law school and pursue a legal career.
Not a month goes by when I am not reminded of the damage those accusations have had on my reputation and the public's perception of my character. Sometimes only time can heal wounds.— anonymous Duke lacrosse player, 30 for 30, Fantastic Lies, (2016)
In January 2007, lacrosse team member Kyle Dowd filed a lawsuit against Duke University and against a visiting associate professor and member of the Group of 88, Kim Curtis, claiming he and another teammate were given failing grades on their final paper as a form of retaliation after the scandal broke. The case was settled with the terms undisclosed except that Dowd's grade was altered to a P (for "Pass").
Professor Houston Baker, who continued to accuse Dowd and the others of being "hooligans, rapists", called Dowd's mother "the mother of a farm animal", after she e-mailed him. Duke Provost Peter Lange responded to Baker, criticizing Baker for prejudging the team based on race and gender, citing this as a classic tactic of racism.
Duke's Athletic Director at the time, Joe Alleva, who forced lacrosse coach Mike Pressler's resignation, faced criticism for his handling of this case. In 2008, Alleva announced he was leaving Duke for the Athletic Director position at Louisiana State University. The lacrosse team, reinstated for the 2007 season, reached the NCAA Finals as the #1 seed. The Blue Devils lost to the Johns Hopkins University Blue Jays in the championship, 12–11.
In May 2007, Duke requested that the NCAA restore a year's eligibility to the players on the 2006 men's team, part of whose season was canceled. The NCAA granted the team's request for another year of eligibility, which applies to the 33 members of the 2006 team who were underclassmen in 2006 and who remained at Duke in 2007. Four of the seniors from 2006 attended graduate school at Duke in 2007 and played for the team. In 2010, the final year in which the team included fifth-year seniors (freshmen in 2006), Duke won the NCAA Lacrosse Championship beating Notre Dame, 6–5 in overtime, to give the school its first lacrosse championship.
On June 7, 2007, it was announced that lacrosse coach Mike Pressler and Duke had reached a financial settlement. Pressler was later hired as coach by Division II (now Division I) Bryant University in Rhode Island. In October 2007, Pressler filed suit seeking to undo the settlement and hold a trial on his wrongful termination claim on the grounds that Duke spokesman John Burness had made disparaging comments about him. After Duke failed in an attempt to have the case dismissed, the matter was settled in 2010 with Duke apologizing in a press release but refusing to comment regarding any compensation to Pressler.
On August 25, 2007, multiple sources predicted the players would file a federal civil-rights lawsuit against the city of Durham.
On September 29, 2007, Duke President Brodhead, speaking at a two-day conference at Duke Law School on the practice and ethics of trying cases in the media, apologized for "causing the families to feel abandoned when they most needed support."
On July 12, 2010, Duke demolished the house where the party had taken place, 610 North Buchanan Boulevard, after it had sat unoccupied for the four years following the Duke lacrosse case.
On September 7, 2007, it was reported that the three accused players (Seligmann, Finnerty, and Evans), who had already settled with Duke University, planned to file a lawsuit for violations of their civil rights against the city of Durham and several city employees, unless the city agreed to a settlement including payment of $30 million over five years and the passage of new criminal justice reform laws. The city's liability insurance covers up to $5 million.
Lawyers cited three main areas of vulnerability for the city:
Durham declined the settlement offer and on October 5, 2007, the three accused players filed a federal lawsuit alleging a broad conspiracy to frame them. Named in the suit were Nifong, the lab that handled the DNA work, the city of Durham, the city's former police chief, the deputy police chief, the two police detectives who handled the case and five other police department employees. The players are seeking unspecified damages, and also want to place the Durham Police Department under court supervision for 10 years, claiming the actions of the police department pose "a substantial risk of irreparable injury to other persons in the City of Durham". According to the suit, Nifong engineered the conspiracy to help him win support for his election bid. Nifong reportedly told his campaign manager that the case would provide "'millions of dollars' in free advertising".
On January 15, 2008, the city of Durham filed a motion to remove itself as a defendant, arguing it had no responsibility for Nifong's actions. On the same day, Nifong filed for bankruptcy. On May 27, 2008, Judge William L. Stocks lifted the stay from Nifong's bankruptcy filing and ruled that the plaintiffs lawsuit could go forward.
On March 31, 2011, Judge James Beaty issued a ruling on the Evans et al. case, upholding claims against Nifong and his hired investigator Wilson for conspiracy to commit malicious prosecution in the course of their investigation; the city of Durham for negligence; Nifong, Wilson, and police investigators Gottlieb and Himan for malicious prosecution, concealment of evidence, and fabrication of false evidence. However, the players' civil rights claims, which constituted the bulk of their Complaint, were dismissed on the grounds that the applicable civil rights laws pertained only to persons of African-American descent.
Plaintiffs contend that they have alleged race discrimination as white plaintiffs. However, the § 1985 claims based on this *971 contention fails for two reasons. First, the Supreme Court and Fourth Circuit have indicated an intent to limit the protections of § 1985 to discrimination against "those classes of persons who are, so far as the enforcement of their rights is concerned, `in unprotected circumstances similar to those of the victims of Klan violence.'" Buschi, 775 F.2d at 1258 (quoting United Bhd. of Carpenters, 463 U.S. at 851, 103 S.Ct. at 3368); see also Cloaninger v. McDevitt, No. 106cv135, 2006 WL 2570586 (W.D.N.C. Sept. 3, 2006) ("As recognized by the controlling law in the Fourth Circuit, the only class of persons protected by Section 1985(3) are African Americans.") (citing Harrison, 766 F.2d at 161-62); Stock v. Universal Foods Corp., 817 F. Supp. 1300, 1310 (D.Md.1993) (dismissing § 1985(3) claim because plaintiff, as a white male, was not a member of a class that has suffered historically pervasive discrimination); Blackmon v. Perez, 791 F. Supp. 1086, 1093 (E.D.Va.1992) (dismissing § 1985(3) claims by white plaintiffs because "plaintiffs do not represent a class of persons who [do] not enjoy the possibility of effective state enforcement of their rights" (internal quotations omitted)).
On December 17, 2012, the Fourth Circuit Court of Appeals rejected all of the players' federal claims in Evans v Chalmers Case No. 11-1436 (C.A. 4), holding:
To recapitulate, we hold as follows. We reverse the district court's denial of all defendants' motions to dismiss the federal claims alleged against them. We reverse the court's denial of the City's motion for summary judgment as to the state common-law claims alleged against it. We affirm the court's denial of Officers Gottlieb and Himan's motions to dismiss the state common-law malicious prosecution claims alleged against them. We reverse the court's denial of the officers' motions to dismiss all other state common-law claims. We dismiss for lack of appellate jurisdiction the City's appeal of the state constitutional claims alleged against it. Finally, we remand the cases for further proceedings consistent with this opinion.
The only claims to survive this decision were state constitutional claims. Judge J. Harvie Wilkinson III concurred, ruling:
A few additional observations may underscore the overblown nature of this case. Plaintiffs have sought to raise every experimental claim and to corral every conceivable defendant. The result is a case on the far limbs of law and one destined, were it to succeed in whole, to spread damage in all directions.
On October 7, 2013, the United States Supreme Court denied the Petition for Certorari filed by Seligmann, Finnerty, and Evans, declining to review the decision of the Fourth Circuit Court of Appeals.
On May 16, 2014, the three accused lacrosse players and the City of Durham settled their long-running lawsuit. Seligmann, Finnerty, and Evans agreed to dismiss their lawsuit and received no monetary compensation whatsoever. The city agreed to make a $50,000 grant to the North Carolina Innocence Inquiry Commission.
On February 21, 2008, the families of 38 of the lacrosse team's 47 members who were not accused filed a 225-page lawsuit against Duke University, the Duke University Hospital, the city of Durham, and various officials of each organization for multiple claims of harassment, deprivation of civil rights, breach of contract and other claims.
A Duke University spokesperson responded that "[w]e have now seen the lawsuit and as we said before, if these plaintiffs have a complaint, it is with Mr. Nifong. Their legal strategy – attacking Duke – is misdirected and without merit. To help these families move on, Duke offered to cover the cost of any attorneys' fees or other out-of-pocket expenses, but they rejected this offer. We will vigorously defend the university against these claims." The city never released an official response to the suit. The lawsuit against the university was settled out of court in 2013. Neither side would discuss the details of the settlement.
The 2016 documentary film Fantastic Lies, which centered around the case and its aftermath, was part of ESPN's 30 for 30 film series. It premiered on March 13, 2016, 10 years to the day after the lacrosse players hosted the house party where Mangum claimed she was raped.
Among the journalists invited to contribute was ESPN college basketball analyst and Duke graduate Jay Bilas, who in his other capacity as a practicing attorney later wrote a letter to the university administration criticizing their handling of the entire situation and describing president Brodhead as "incapable of effectively leading Duke into the future." Crystal Mangum was approached by the film crew to tell her side of the story and agreed to do so, but prison officials would not allow her to be filmed.
In 2006, Mangum, then a North Carolina Central University student earning money as a stripper, said that three Duke lacrosse players raped her
Correction: April 6, 2006, Thursday The Sports of The Times column on Friday, about the investigation involving a woman who said she had been raped by three players on the Duke University lacrosse team misstated the nature of the players' cooperation with the authorities. The police in Durham, N.C., said that although most team members had not voluntarily submitted to police interviews and DNA tests, the three residents of the house where the accuser said the incident occurred had done so.
Anne Allison is a professor of cultural anthropology at Duke University in the United States, specializing in contemporary Japanese society. She wrote the book Nightwork on hostess clubs and Japanese corporate culture after having worked at a hostess club in Tokyo.
She received her BA from the University of Illinois at Chicago, and her Ph.D. in anthropology from the University of Chicago in 1986.Blue and White (Duke fight song)
"Blue and White" is one of the two official fight songs of Duke University and its athletic teams, along with "Fight! Blue Devils, Fight!"
The lyrics and music were written by G.E. Leftwich, Jr.Brendan Sullivan
Brendan V. Sullivan Jr. (born March 11, 1942, Providence, Rhode Island) is a senior partner of the law firm Williams & Connolly. Sullivan is white-collar criminal defense attorney best known for his defense of U.S. Marine Lieutenant-Colonel Oliver North in the wake of the Iran-Contra scandal in the late 1980s. He is known for his combative style and several prosecutors have been fired, disbarred, or jailed for prosecutorial misconduct Sullivan had uncovered.
He has also represented former U.S. Department of Housing and Urban Development (HUD) Secretary Henry Cisneros, Walter Forbes, former chairman of Cendant Corporation, and a number of states against Microsoft, and the lacrosse players in the Duke lacrosse case.Carlyle Cup
The Carlyle Cup was a trophy contested annually by the Duke Blue Devils and the North Carolina Tar Heels. It was awarded to the school that had the most combined head-to-head wins against the other school in all of the shared varsity sports for that academic year. At the start of the 2010-11 season, the rivalry series was renamed the Battle of the Blues presented by Continental Tire.
The trophy has not been awarded since the 2010-11 season.Crystal Mangum
Crystal Gail Mangum (born July 18, 1978) is a woman from Durham, North Carolina, who is best known for making false allegations of rape against lacrosse players in the 2006 Duke lacrosse case. The fact that Mangum was a black woman working in the sex industry, while the accused were all white men, created extensive media interest and academic debate about race, class, gender and the politicization of the justice system.
In February 2010, she was arrested on charges of attempted murder of her live-in partner, Milton Walker. She was eventually convicted of contributing to the delinquency of a juvenile, injury to personal property and resisting a public officer.In November 2013, she was found guilty of second-degree murder after she stabbed boyfriend Reginald Daye, who died 10 days after. She argued that she acted in self-defense, fearing that Daye would kill her. She was sentenced to 14 to 18 years in prison.Dear Old Duke
The Duke University Alma Mater, also known as Dear Old Duke, is the official alma mater of Duke University in Durham, North Carolina.Duke Blue Devils men's lacrosse
The Duke Blue Devils men's lacrosse team represents Duke University in National Collegiate Athletic Association (NCAA) Division I men's lacrosse. Duke currently competes as a member of the Atlantic Coast Conference (ACC) and plays its home games at Koskinen Stadium in Durham, North Carolina.Fight! Blue Devils, Fight!
"Fight! Blue Devils, Fight!" is one of the two official fight songs of Duke University and its athletic teams, along with "Blue and White."
The lyrics were written by Douglas Ballin, and the music was composed by J.F. Hewitt.Group of 88
The Group of 88 is the term for the professors at Duke University who were signatories to a controversial advertisement in The Chronicle, the university's student newspaper, on April 6, 2006. The advertisement addressed the Duke lacrosse case, in which an African-American woman claimed to have been raped by three white members of Duke's lacrosse team several weeks earlier. The incident was under police investigation at the time of the advertisement, and all charges were dropped and the students declared innocent by the North Carolina Attorney General less than a week after its publication. The signatories stated they were attempting to start a dialogue regarding issues of race and sexual assault, but they and the advertisement attracted widespread criticism.KC Johnson
Robert David Johnson (born 1967), also known as KC Johnson, is an American history professor at Brooklyn College and the City University of New York Graduate Center. He played a major role in disseminating the facts about the Duke University lacrosse rape case in 2006-7. In 2007 he co-authored a book, Until Proven Innocent: Political Correctness and the Shameful Injustice of the Duke Lacrosse Rape Case.Marianne Rafferty
Marianne Rafferty is a former overnight anchor and correspondent for Fox News Channel. She joined FNC in 2006 as a correspondent based in Fox's Atlanta bureau. While based in Atlanta, Rafferty covered Hurricane Dean's path from Jamaica and also reported on the Duke lacrosse case. Rafferty left Fox News in December 2014.On September 2, 2016, Marianne Rafferty announced during the 5:00 p.m. broadcast she was leaving KFOR in Oklahoma City and moving to the west coast to be closer to family.Mike Nifong
Michael Byron Nifong (born September 14, 1950) is a disbarred North Carolina attorney. He served as the district attorney for Durham County, North Carolina until he was removed, disbarred and jailed following court findings concerning his conduct in the Duke lacrosse case, primarily his conspiring with the DNA lab director to withhold exculpatory DNA evidence that could have acquitted the defendants.Mike Pressler
Mike Pressler (born February 27, 1960) is an American lacrosse coach. He has been the head coach of the Bryant Bulldogs since 2007. He served as the head coach of the Duke Blue Devils for 16 seasons until he was forced to resign during the Duke lacrosse case in 2006. He received the F. Morris Touchstone Award for the men's college lacrosse coach of the year in 2005. In 2010, he coached the United States men's national lacrosse team to a gold medal.Reactions to the Duke lacrosse case
The 2006 Duke University lacrosse case resulted in a great deal of coverage in the local and national media as well as a widespread community response at Duke and in the Durham, North Carolina area.Richard H. Brodhead
Richard Halleck Brodhead (born April 17, 1947) is an American scholar of 19th-century American literature and served as the ninth president of Duke University.Selena Roberts
Selena Roberts (born May 16, 1966 in Live Oak, Florida) is an American author and sportswriter. Previously, she was a senior writer for Sports Illustrated and a columnist for The New York Times. Roberts began her career as a beat writer for the Minnesota Vikings at the Minneapolis Star Tribune and for the Orlando Magic and Tampa Bay Buccaneers at the Orlando Sentinel. She received a B.A. degree in journalism from Auburn University in 1988 where she was a sports editor for the university paper The Plainsman. She also made frequent appearances on the ESPN talk show The Sports Reporters. In a February 7, 2009 article on SI.com that quickly made the cover of Sports Illustrated, Roberts revealed that Yankees third baseman Alex Rodriguez tested positive for steroids in 2003.St. John's lacrosse case
The St. John's lacrosse case was a 1990 criminal case in which some members of the St. John's University men's lacrosse team were accused of raping an African American female. The St. John's Lacrosse rape case was a sports scandal that caused significant controversy within the school, amongst feminists, New York City, and the lacrosse community. This case was a predecessor to the Duke lacrosse case. The case was the basis of a Law & Order episode called "Out of Control".Stuart Taylor Jr.
Stuart Taylor Jr. is an American journalist and author. He also served as a Nonresident Senior Fellow in Governance Studies at the Brookings Institution and practices law occasionally. He was a reporter for the Baltimore Sun from 1971-1974; The New York Times from 1980-1988, covering legal affairs and then the Supreme Court; wrote commentaries and long features for The American Lawyer, Legal Times and their affiliates from 1989-1997, and for National Journal and Newsweek from 1998 through 2010; and has written on a freelance basis for numerous publications both before and since 2010. He has also coauthored two books and he and a coauthor will soon publish a third.The Price of Silence (book)
The Price of Silence: The Duke Lacrosse Scandal, the Power of the Elite, and the Corruption of Our Great Universities is a nonfiction book about the Duke lacrosse case by William D. Cohan. It was published on April 8, 2014, by Scribner.