3A NEWS/^ie Charlotte $o«t Thursday, December 28, 2006 Dropped rape counts could cripple Duke case By Aaron Beard THE ASSOCIATED PRESS DURHAM - A prosecutor’s decision to drop rape chaises but keep other covuits against r three Duke University ’ lacrosse players has left ' many legal experts - includ- , ing some who had supported ; him - wondering what case he ; could have left. *" Sexual offense and kidnap- I ping charges remain against ^the defendants, but even ; some former backers of District Attorney Mike . Nifong say tiie accuser may ; have lost her credibility for ! good after backing off a key 1 allegation. ; “I don’t understand why all the charges aren’t being dropped at this time,” said Norm Early, a former Denver prosecutor who works with the National District Attomej^ Association and had previously approved of Nifong’s handling of the case.' "It’s such an incredible credi bility problem that you won der how the prosecution could rdiabihtate her on the other charges.” The woman says Reade Sehgmann, Collin Finnerty and David Evans attacked her Mardi 13 at a team party where she had been hired as a stripper. In a five-page statement she gave police in early April, she wrote that she was raped vaginaUy, anally and orally Nifong dropped rape charges against the three men Friday writing in court papers the accuser is no longer certain vaginal inter course had occurred. That is required for a rape chai^ imder state law, and “the state is imable to meet its burden of proof with respect to this offense,” Nifong said in the filing. “He got a rape indictment, so presumably he must have felt there was imequivocal evidence there was penetra tion,” said Duke law professor James Coleman, a frequent critic of Nifong’s handling of the case. “And for him now to say the only person who could have established that now isn’t sure, that’s pretty exti*a- ordinary” Without DNA evidence linking the three players to the accuser, the woman’s tes timony figures to be the key element of the prosecution’s case. Both Early and John Banzhaf, a professor at George Washington University Law School, said Friday that means the defaise is sure to make the dismissal of the rape charge _ and what it implies about her audibility _ an issue at trial. Banzhaf said no-jury is like ly to believe a witness who for months contended she had been raped, but now isn’t sure. Activists: Change sentencing age Continued from page 1A Triangle Lost Generation Task Force, a non profit group taking action against the high rate of incarceration of black and Latino males. Fuller’s brother had hopes of going on to col lege, but she said it was a “downward cycle” after the felony record. “My hope is to stop others finm going on that downward cyde,” she said. The juvenile sentencing age has been espe cially dramatic on black males who represent more than 67 percent of North Carolina prison inmates imder 20, according to a 2006 statewide report. But Fuller didn’t base her argument on race. Instead, she based it on the cognitive development of youth under age 18, and the cost to the state. Fuller said her brother was not aware how much his actions would cost hiTn If he had been sentenced as a juvenile, his record would have been sealed, and he would not have suf fered finm the stigma. Scientific research states that youth up to age 18 are not as aware of the ramifications of their actions. It points to four areas of develop mental immaturity that may bear directly on criminal culpability; impaired risk perception, foreshortened time perspective, greater sus ceptibility to peer influence and reduced capac ity for behavior control. North Carolina is one of only three states - with New York and Connecticut - where adult jurisdiction starts at 16. In 10 states the age limit is 17, and in the remaining 37 and the District of Columbia, the age is 18. The North Carolina Policy and Senteaidng Advisory Commission was created in 1990 by the General Assembly to make recommenda tions on sentencing laws and policies. After several heated debates over the sen tencing age of juveniles, the commission recently recommended that the age be increased to, but not including, 18. Sentencing commission research shows that juvenile offenders who enter adult prisons, or are on probation, are more hkdy to re-offend than the overall population. In 1999,46 percent of offenders aged 16 or 17 •were re-arrested within three years, compared to 38 percent of all offenders. The sentencing commission also found that the rehabilitative needs of juveniles are better met within a treatment-oriented environment. Still, Durham Sheriff Worth Hfil is a vocal opponent of raising the limit. “If we do that, we’re lowering the standards rathar than raising the standards of young people’s behavior,” he said. ‘Most of us in law enforcement wouldn’t welcome that change at all.” Rice: U.S. can elect black president “This is the beginning of the end,” Banzhaf said. ‘Tf they couldn’t make the rape case, I don’t see how they could make the others.” Sehgmann, Finnerty and Evans insist they are inno cent. Then- attorneys have repeatedly called on Nifong to drop the case, citing the lack of DNA evidence, criticizing how pohce conducted a photo lineup and maintainir^ that the accuser, a 28-year-old stu dent at North Carolina Central University, has given investigators at least a dozen different versions of the alleged assault. “What we have now, ladies and gentlemen, is a prosecu tor who says his case rises and falls on the statement of the accuso* and (he) is going forward with a case when he In response to the study on brain develop- • ment and maturity HiU said: ‘Everybody can be taught what’s right or wrong. We’re always using excuses for behavior, but there is no excuse for misbehavior.” Representative Alice Bordsen of Alamance County disagrees. “This change will demand more of them, not less,” she said. . Juvenile offenders do not comprise a ve:^ large portion of felons currently in prison, according to data compiled by the commission. About 5.5 percent of the 28,734 felons convict ed during the 12 mcaiths ending Jime 30, 2005, were 16 or 17 at the time of their crimes. While the number of 16 and 17 year olds in the juvenile justice sj^tem could surpass the 450 currently in custody if the age hmit is raised, the sentencing commission projects it would also fiee up more than 1,000 adult prison beds. LaFonda Jones-General, president of Families Against Mandatory Minimums, said t 1,000 prison beds cost $80 million to construct and $25 million annually to maintain. However, Hill said if the age limit is raised, more youth would enter into the juvenile sys tem, and bigger youth homes would have to be built. “There’s an extra expense there,” he said. “The problem now is we don’t get their atten tion early enough to keep them from commit ting worse crime. When they are juveniles, they see nothing is going to happen to them so they keep doing what they’re doing. We need to get to them early and show them the right path.” George Sweat, secretary of the Department of Juvenile Justice and Delinquency Prevention, is in favor of raising the age hmit. “Research shows that raising the minimum juvenile age is the right thing to do,” he said in a released statement. ‘However, the option for raiaing the age must be carefully weired in terms of cost, impact and timing. I recommeaid that a comprehensive study be conducted to address how best to make an age adjustment in the juvenile justice system.” The sentencing commission recommended delaying implementation of the change in juve nile jurisdiction by two years after the passage of the bill, and creating a task force to analyze the legal, systemic and oiganizational charts required. It also recommended that a sentencing juc^e be allowed to impose on offenders imder 21 a period of special supervised probation for mis demeanors and low-level felonies that could result in dismissal of the charge and ehgibility for expunction of the arrest record. By Anne Gearan THE ASSOCIATED PRESS ; WASHINGTON - America ’ is ready to elect a black pres- * ident, says Secretary of State • Conddeezza Rice. ’ The highest-ranking black government official in the United States, I Rice has said I repeatedly she I will not run for I president I despite high popularity rat ings and measurable support in opinion polls. ‘Yes, I think a black person can be elected president,” Rice said in an Associated Press interview Thursday The top U.S. diplomat also said Iraq is “worth the invest ment” in American lives and dollars. She said the United States can win in Iraq, althou^ the war so far has been longer and more diffi cult than she had expected. Rice She made the remarks at a time when President George W Bush is under pressure from the public and members of Congress to find a fiesh course in the loi^-runnii^ and costly war, which has shown no signs of nearing an end and cost the lives of more than 2,950 American troops. Obama know fium the point of view of not just the monetary cost but the sacrifice of American lives a lot has been sacrificed for Iraq, a lot has been invested in Iraq,” Rice said Bush would not ask for con tinued sacrifice and spending “if he didn’t believe, and in fact I believe as well, that we can in fact succeed,” Rice said. Rice was asked whether an additional $100 billion the Pentagon wants for the Iraq knows he has multiple, differ ent, contradictory statements from that person,” defense attorney Joseph Cheshire said Friday In dropping the rape charges, Nifong did not speci fy what sex acts authorities now believe occurred, and defense attorneys said Friday they don’t have a clear idea of what the prosecutor will pre sent at trial. Nifong hasn’t return repeated messages seeking comment. In an October 30 interview with The Associated Press, he said he felt a “responsibility” to prose cute the case. In an interview with The New York Times published Satm'day Nifong said the “case will go away” if the accuser ever says one of tiie players she identified did not attack her. He also said he wasn’t surprised the defense had focused on the accuser. “If you can keep the victim fi-om coming to court, if you make the victim say ‘Gee, this isn’t worth it,”’he told the Times. Nifong’s commitment to case and the accuser, Coleman said, shouldn’t come as a surprise. “Tb aU of a sudden drop it and admit he doesn’t have evidence to proceed to trial would be a fairly damning admission. I don’t expect that to happen,” Coleman said. “On the othei- hand, I don’t think the case has credibility How can anyone believe there’s evidence to support the remaining diaiges?” and Afghan wars might amount to throvring good money after bad in Iraq. Bush and Congress have already provided more than $500 billion for the two con flicts and worldwide efforts against terrorism, including more than $350 biUion for Iraq. ‘T don’t think it’s a matter of money,” Rice said. “Along the way there have been plenty of markers that show that this is a country that is worth the investment, because once it emerges as a country that is a stabilizing ■ factor you will have a very different kind of Middle East.” She said the first successful black candidate wiU be ‘judged by aU the things that Americans ultimately end up making their decision on: Do I agree with this person? Do I share this person’s basic val ues? Am I comfortable that this person is going to make Please see RICE/6A A new photographic narrative exhibition celebrating life and feith traditions of Jewish, Christian and Muslim families in Charlotte FREE ADMISSION ON SUNDAYS! of the New South 200 E. 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