April 18, 2006

Some differing perspectives on the Duke LAX rape case, here, here, here and here. I'm inclined to the position of "I don't have a clue who's telling the truth, since everyone who's commenting has a motivation to lie", but I was intrigued by the statement last week by the Durham D.A. after DNA results allegedly failed to tie any of the accused to purported crime, that between 70-80% of all rape convictions in his bailiwick occur in spite of the lack of DNA evidence. Is that true?

Certainly, in a community like Durham, that wouldn't be hard for an enterprising reporter to research...also, remembering the fact that DNA testing is still considered to be a luxury for many criminal defendants, isn't the 70-80% figure going to be impacted by:

a) cases where the defendant confesses before trial, thereby not requiring the introduction of physical evidence;

b) situations where the wrong guy gets convicted, b/c DNA wasn't available to exonerate the innocent; and/or

c) prosecutions that are dropped early on, b/c DNA evidence has exonerated the accused?

The prosecutor seems to have a good ear for how this case plays out locally (he is, after all, running for reelection), but a tin ear for how the media is playing it. He clearly believes the alleged victim's telling the truth, unlike the Kobe Fiasco. There are certainly Fourth Estate organs that would like a different angle; Sports Illustrated, in particular, has always shilled for the prosecution when an athlete is under criminal investigation. So if he believes the alleged victim enough to seek a grand jury indictment, why isn't he fighting harder before the public?

No comments: