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

Tue Apr 11 13:45:01 EDT 2006

I applaud President Brodhead and John Burness for trying to be fair to all, and not jump to any hasty (and potentially unjust) conclusions about the allegations stemming from the Duke Lacrosse party.  The facts are still to be determined, and Duke owes a duty to its own students not to condemn them prematurely, as well as a duty to Durham citizens to support a thorough investigation of the facts.  That is what I understand John Burness to be saying.

Deb Christie
Colony Hill neighborhood
  ----- Original Message ----- 
  From: Reyn Bowman 
  To: Tom Clark ; Susan Kauffman ; DukeDurhamTownGown at yahoogroups.com ; TrinityPark at yahoogroups.com ; inc-list at DurhamINC.org 
  Sent: Tuesday, April 11, 2006 9:24 AM
  Subject: Re: INC NEWS - [DukeDurhamTownGown] Statement from Duke re. reported results from DNA tests

  Actually Tom, I didn't take John's statement that way at all.  He's essentially saying what you are.   Duke has repeatedly expressed concern.  I took him not to say that regardless of the DNA, the system must be allowed to work until the truth is revealed.

  Reyn Bowman

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  From: DukeDurhamTownGown at yahoogroups.com [mailto:DukeDurhamTownGown at yahoogroups.com] On Behalf Of Tom Clark
  Sent: Monday, April 10, 2006 11:03 PM
  To: 'Susan Kauffman'; DukeDurhamTownGown at yahoogroups.com; TrinityPark at yahoogroups.com; inc-list at DurhamINC.org
  Subject: RE: [DukeDurhamTownGown] Statement from Duke re. reported results from DNA tests

  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

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  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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