Court TV Radio | Message Boards | Newsletters
Chat Transcript
The Duke Rape Case
The Duke Rape Case

Newsweek's Susannah Meadows and North Carolina attorney Woody Webb look at the issues as a judge holds a preliminary hearing

Court TV Host: Chat about the Duke rape case with Newsweek's Susannah Meadows and North Carolina attorney Woody Webb. They were both just on Courtside, looking at today's hearing for Lacrosse player Reade Seligmann, and they're joining us now online. Susannah Meadows, by the way, wrote Newsweek's cover story on the caseand is a Duke graduate herself. Woody Webb is now a lawyer in private practice, handling criminal defense cases, among others, but he was a deputy district attorney in North Carolina.

Court TV Host: Anything you'd like to say before we take questions?

Susannah Meadows: The thing that I was most curious about, and which Mr. Osburn was most anticipating, was whether the woman's medical report would be handed over in the discovery file. Nifong said he was handing over everything he had, but it remains to be seen whether he will say that he technically did not have the report in his possession today.

Woody Webb: Being outside the courthouse right now, what's impressed me is the degree of community interest in this case. Black community leaders have submitted a ten point list of demands - one of which is that the case not be removed from Durham County. The community is rife with tension - racial, class and otherwise. It's a very dangerous situation.

Susannah Meadows: Woody, I have a question for you. We know that the county is 40% black. Do you know what the racial breakdown of juries tends to be?

Woody Webb: No, but the juries tend to be predominantly African-American. What is dangerous - and I've talked to other attorneys - is what will happen in the community if the trial takes place here, and the jury comes back with a not guilty verdict. I can't impress upon you too strongly how rife with tension, mostly racial, this community is, because of this case.

Question from Sable: Thanks for being a guest here today. With this case being so new why are so many people speaking to the media? If/when it gets to trial, wouldn't this have soiled the jury pool?

Susannah Meadows: Good point. It was highly unusual for the prosecutor to be out speaking with the media. Nifong himself tends not to do that before or after cases. Defense attorneys have said they felt compelled to come out and talk about the case because Nifong had done so.

Woody Webb: This case, in addition to having a volatile racial component, also involves profound personality conflicts among the attorneys. There is now an open hostility between defense counsel and the prosecution, which will be fascinating as it unfolds.

Question from NicNYC: In regards to the rape shield law, can the defense bring in her past allegation of assault? How will she be protected under the rape shield law? Her name and record are all over the internet.

Susannah Meadows: The rape shield law was meant to keep a woman's sexual history out of court. in this case; the woman accused three men of having raped her in the past, so this instance falls more under prior criminal allegations than her own sexual history. My guess is, even if those prior rape allegations are not admissible, the defense will be able to ask her about whether she's ever accused anyone of a crime before.

Question from Sable: Will the Judge who handled the motions today be the trial judge if/when it gets that far?

Woody Webb: Probably not. This judge, Judge Stephens, rotates out of Durham County in July.

Question from Sable: With all the media hype, wouldn't a gag order such as in the Michael Jackson case be appropriate here and wouldn't it also take some of the heat out of the tense community?

Woody Webb: The answer is: yes. But gag orders in North Carolina are rare. The judges tend to rely on the code of responsibility, and they expect the attorneys to comport themselves accordingly.

Question from Allegra: Exactly what DNA evidence do they have against the players accused?

Susannah Meadows: Here's what we know they have: there was DNA extracted from one fake fingernail. David Evans could not be ruled out as the source of that DNA. as far as we know, there is no DNA linking the other two to the woman.

Woody Webb: By the way, I'm just watching Chesire hold a press conference right now...

Question from Molly: I was not aware she had accused three men of rape in the past. Were any of these charges confirmed? And, if not, doesn't that destroy her credibility right out of the gate?

Susannah Meadows: Ten years ago, she reported to police that three years before, she'd been raped. Charges were never brought. But that would have been challenging considering it was three years after the fact. So I'm not sure her credibility is shot.

Woody Webb: It's certainly in question.

Question from Molly: But wasn't the fake fingernail found in the wastebasket of Evan's home? And the fact that it is degraded DNA suggests that it came in contact with his DNA there?

Question from Cindy: Wasn't that fake fingernail retrieved from the bathroom trash can from the students who lived in that house?

Susannah Meadows: Yes, the fingernail was retrieved by the players who lived in the house, and handed over to police.

Susannah Meadows: We actually don't know the nature of the DNA. If it was tissue that was found on the nail, that would suggest that there was a scratch. But if it was other DNA material, that could have been picked up from Kleenexes, etc., in the garbage.

Question from annie: What was the reason for waiting three years to report the rape?

Susannah Meadows: I don't know. The alleged victim hasn't spoken to the media about the incident. Perhaps the fact that she was 14 at the time has something to do with the delay.

Question from Cindy: What about the mustache the accused didn't have?

Susannah Meadows: Seems to me a mustache is a pretty clear identifier. The accuser pointed to David Evans' photo and said that he was her attacker, only he had a mustache at the time. Evans' attorney says that he has photos of Evans' the day before the party that show he did not have a mustache.

Question from ROKA: Have any of the players come forward to police or press aside from Evans?

Susannah Meadows: As far as we know: no. But Evans attorney asked Nifong if he would sit down and speak to Evans about the case. Nifong said no, even though early on he'd asked them to come forward and speak to him.

Court TV Host: Just to let you all know, Woody Webb, who has been participating in this interview from right outside the courthouse, has been pulled away for a little while, he's observing what's going on there...

Court TV Host: And I know that Susannah Meadows has to leave in a moment -- any closing thoughts?

Susannah Meadows: Thanks, everyone, for your thoughtful questions about the case. It's been a pleasure.

NOTE: WOODY WEBB JOINED US AGAIN A LITTLE WHILE LATER.

Court TV Host: Our guest, Woody Webb, is back with us.

Question from Sable: Woody, what is the deal with "a speedy trial" - is there a rule of thumb that courts have to follow? I ask because the noticed the Judge stated this case would come in its own time, and he wouldn't bump other cases for it.

Woody Webb: Yes, there is a "speedy trial" provision within the NC general statutes, but it is quite frequently waived. However, it can only be waived by the defendant. Therefore the defendants in this case will be entitled to have a trial within the time frame prescribed by law.

Question from Sable: Are these accused young men being allowed to leave the area to travel home for summer break, or have they been told to stay in town?

Woody Webb: There are no conditions of release, and therefore they may leave the state and travel wherever they want to, as long as they show up for court appearances.

Question from NicNYC: I've heard that the accuser is considering dropping charges. I do not know how accurate this information is. Nevertheless, can't the prosecution legally proceed without her assistance? Can she be subpoenaed to testify?

Woody Webb: As a matter of law, the case is brought by the state of North Carolina, but in a situation such as this, it would be impractical at the very least to pursue a victim case where the victim is not willing to cooperate. Having said that, the prosecution, or the state, could subpoena the accuser, but an uncooperative, unwilling -- perhaps even antagonistic -- witness/victim is not going to help your case out.

Question from Sable: Isn't it odd to have these motion hearings aired? What benefit would they gain by doing that?

Woody Webb: It would be my belief that once the commitment is made to open up the proceedings to cameras, that covers all the proceedings.

Question from Spike: Woody, if she is indeed considering dropping the charges, can she be prosecuted for filing false charges?

Woody Webb: Not likely.

Question from ex-SA: If the case is eventually dismissed, can DA Nifong be subject to a civil suit?

Woody Webb: No, he has immunity, under law.

Court TV Host: Earlier, when we spoke about the fake fingernail and what was on it, many in our audience, noting that the boys in the house gave the fingernail to the police, said that any DNA found on it would therefore be meaningless...

Question from Molly: So, then you are saying Evan handed it to police? I would say this DNA has no credibility at all, would you agree?

Woody Webb: Yes.

Question from Molly: Is the moral of this story, don't cooperate with police?

Woody Webb: The answer is no, that's not the moral to the story. Frequently, my clients fully cooperate with law enforcement, although I will not allow them to self-incriminate.

Question from Allegra: If there is no DNA linking the other two suspects, why are they being held?

Woody Webb: Because the accuser picked them out of a photograph lineup as having forcibly raped, assaulted and restrained her.

Question from Merry: Must the D.A. hand over all his evidence to defendants?

Woody Webb: Yes.

Question from ROKA: But why the motion for discovery when there is already disclosure?

Woody Webb: The defense counsel was unhappy that the state had not turned over requested discovery materials as promptly as they wanted, and believed it was in their clients' best interest to ask the court to intervene to compel the state to honor its legal requirement to turn over discovery materials.

Question from hammy: I heard that many in NC think that the DA has proceeded on the basis that "he believes her" but in fact has little to support the claim. Do you agree?

Woody Webb: Generally, yes. Although we do not know all of the state's evidence at this point.

Court TV Host: Any closing thoughts?

Woody Webb: Unfortunately, I think we are in for a long, hot, contentious summer in Durham, North Carolina.

Court TV Host: And we hope that you will come back throughout it to help enlighten us. Thanks for being our guest online.




|
|
|
|
|
|
|
|
COURTTV.COM
|
|
|
UTILITIES
|
|
|
|
|
|
COURT TV SITES
|
CORPORATE
|
|
|
|
© 2007 Courtroom Television Network LLC. All Rights Reserved.
Terms & Privacy guidelines