Saturday, July 12, 2008

Do the Duke/Durham suits have a chance?

A recent commenter at More about the Addison Motion clanger thinks not, saying in part:

I am prepared to be shocked, SHOCKED, if the LAX team win any of the suits.

Each and every one of these INNOCENT young men were done in by the government - and now we hope and pray the same government will rule in our favor.
My response:

Governments in the U. S. sometimes do wrong and sometimes do right.

I have some knowledge of the careers of four of the lead attorneys in the three suits – Brendan Sullivan, Barry Scheck, Charles Cooper and Robert Ekstrand. They're outstanding attorneys, with the first three nationally known and respected within the legal community.

All four attorneys have had considerable success working within our legal system to secure right and justice for their clients.

Their successes to date give supporters of the Duke lacrosse players strong reason to believe the attorneys will be successful using the court system to secure some measure of justice for the players and their families, and some consequences for those who abused them, including those who abused police and prosecutor powers.

And keep something else in mind: Duke University has asserted the suits don’t have merit as far as it, its trustees and many of its employees, including President Brodhead, bearing any culpability for events related to the hoax, the frame-up attempt and the ongoing cover-up.

Yet in early February of this year, just weeks after attorney Ekstrand filed an amended complaint in federal court, Greensboro, we read in the Durham Herald Sun:
Court papers filed this week indicate that Washington, D.C., attorney Jamie Gorelick will assist two Greensboro litigators in representing the school.

They're also the attorneys of record for the Duke University Police Department, Board of Trustees Chairman Robert Steel, school President Richard Brodhead and numerous other university officials.

Gorelick was deputy attorney general during the Clinton administration, and in that capacity was responsible for supervising the country's appointed federal prosecutors. …

She and the Greensboro lawyers, Donald Cowan Jr. and Dixie Wells, will help Duke try to fend off allegations made by current or former lacrosse players Breck Archer, Ryan McFadyen and Matt Wilson. …
The rest of the H-S story’s here.

In retaining attorney Gorelick, Duke was acknowledging that despite its public assertions it and the other Duke defendants bear no culpability for actions and inactions related to the hoax, frame-up attempt and ongoing cover-up, it knows a federal court could very likely find otherwise.

5 comments:

Anonymous said...

I can't help but think about the huge judgment a jury awarded the woman who spilled her McDonald's coffee, on herself. (I know it was later reduced but it was still a large award.)

I always thought the woman did the spilling but her lawyers were able to convince a jury it was McDonald's fault. The coffee was too hot.

In addition, there is a professor at UT Law who tells his students that when the woman contacted McDonald's hoping for help with her medical expenses, McDonald's lawyers were rude. Lesson, it never hurts to be nice.

Duke and Durham had a greater duty and intentionally did harm. I honestly believe good lawyers will find a way to win these suits, big.

Anonymous said...

Stephens
Bushfan
Titus
Hudson
Smith
Whichard
Wagoner (former judge)

Any one of them could have stopped what they must have known was a cold-blooded frame. (Whichard could at least have exposed the matter.)

Please tell me why I should trust another NC judge (or one brought up in the NC system) to rule according to the facts and the law instead of according to special interests.

zonga said...

I don't see much hope yet. Sure the Dukies have good lawyers. And, we all recognize the political implications of the complaint and the who's who of Duke/Durham lawyers.

I hope the upcoming ruling on the defendants motions to dismiss will be in our favor.

Isn't it sad, and frightening, that "we all recognize the political implications" of this case in a federal court, and even with what we now know about the complaints, we cannot have complete confidence in our federal court judge. Of course, we have already seen the decision by the North Carolina SBI and State courts to refuse direct requests for a criminal investigation. Believing a federal criminal investigation may someday occur is just way too much to even hope for at this time.

Anonymous said...

Anon 7:59

"Please tell me why I should trust another NC judge"

Good point. However, the spotlight has now been turned on to these political bureaucrats....their worst nightmare. Now each subsequent decision will be subject to public scrutiny and judicial review.

Will any of these pillars of the community continue to ignore the constitution? I seriously doubt it.

Ken
Dallas

Anonymous said...

Anon 7:59

"Please tell me why I should trust another NC judge"

Good point. However, the spotlight has now been turned on to these political bureaucrats....their worst nightmare. Now each subsequent decision will be subject to public scrutiny and judicial review.

Will any of these pillars of the community continue to ignore the constitution? I seriously doubt it.

Ken
Dallas