INC NEWS - [DukeDurhamTownGown] Statement from Duke re. reported results from DNA tests

[Tom Clark]

Susan et. al., 

 

Despite "Duke bashing" charges I'm sure I'll get, I do have to say that this
statement is a great example of the clumsy, purely self-interested, pure
strategic calculation that has characterized Duke's performance as a
community leader in the last few years.

 

By leaving out any expression of feeling for the community trauma that has
occurred-that Duke presumably still claims it will take some responsibility
for with the study groups it has organized, and that must be dealt with no
matter what the outcome of the legal battle-the statement functions as
virtually an outright declaration that if there is no rape, there is no
problem-all we have to do is wait for the police to reveal the truth.
Instead we get a reminder, a small lecture really, about the most well-known
legal principle in the country.  

 

What might have been helpful, and certainly more graceful, is the needed
lecture about the fact that while the DNA tests could have all but convicted
someone, they did not and could not exonerate anyone.   The negative results
as reported simply made a quick ending to this episode much less likely.
There is still the accuser's personal testimony, official rape kit exam
results, a sick, all-but-incriminating email, a DA who has said he thinks a
rape took place, and perhaps a long drawn-out legal process for all of us to
soak in for the coming months and even years.

 

Just to be clear, my position is not that I'm sure anyone on the lacrosse
team raped anyone and therefore I do not have anyone "convicted."  I *am*
sure that these guys organized a get drunk and get-off (sexually) party and
invited a women to perform for their gratification, and that she says they
raped her.  I deeply believe that the racial overtones of the incident have
important implications for the health of this community and that they are
caused by two indisputable facts: 

1)       that the stripper is black, which ESPN has reported was a choice by
the all white players, not just the luck of the draw, and

2)       the directly overheard, by two people, use of racist hate speech at
the party 

I also believe that 'innocent until proven guilty' cuts both ways, so it's
just as wrong to speculate that the accuser is lying-as was done in a letter
to the editor of the Herald-Sun this morning-as it is to 'convict' the
players before the legal process has run its course.  

 

The summary of all this is that, contrary to the impression delivered by
John Burness' graceless and pathetically sparse statement of this evening,
whether or not a rape occurred on 3/13, this community and Duke University
have big problems that exist independently of anyone's political views or
expressions and must be addressed if we have any hope of getting along with
each other.

 

Signing off for a while,

TC

 

 

Tom Clark

905 Alabama Ave.

Durham, NC 27705

919-286-5510

  _____  

From: DukeDurhamTownGown at yahoogroups.com
[mailto:DukeDurhamTownGown at yahoogroups.com] On Behalf Of Susan Kauffman
Sent: Monday, April 10, 2006 7:14 PM
To: DukeDurhamTownGown at yahoogroups.com; TrinityPark at yahoogroups.com;
inc-list at DurhamINC.org
Subject: [DukeDurhamTownGown] Statement from Duke re. reported results from
DNA tests

 





As both President Brodhead and I have said repeatedly over the past few
weeks, we have to have confidence that the police investigation will
ultimately reveal the truth. While the allegations in this case are
extremely serious, it is important to remember that no one has been charged
and that in our system of law people are presumed innocent until proven
guilty.

John Burness
Senior Vice President for Public Affairs and Government Relations
Duke University





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