Duke Player Faces Trial in Other Case

[DelawareValleyDem]

A Duke University lacrosse player charged with raping a stripper was ordered Tuesday to stand trial in an unrelated assault case. Collin Finnerty, 19, appeared in D.C. Superior Court, where the judge determined he had violated conditions of the diversion program he entered last year after being charged with assaulting a man in Georgetown.

http://news.yahoo.com/fc/sports/duke_lacrosse_scandal

[RoBear]

1. He beat somebody

while yelling gay epithets. Unclear from the report I read if the man was really gay or whether the assole just has a problem.

[PSPS]

2. You mean if he were gay, he doesn't have a problem?

[LostinVA]

4. I think Robear meant that instead of being a sick jerk gay basher

He's just a sick jerk who beats up random people.

Random sociopathic behavior versus hate crime sociopathic behavior...

At least, I think that's what he's saying.

[RoBear]

11. Yep

Thanks for the clarification...

[LostinVA]

14. It came to me in a moment of clarity!

[Marie26]

Distinction being, what?

Editing after seeing the moment of clarity. I think sociopathic behavior is sociopathic behavior, & whether the man was really gay or not doesn't seem very relevant to Finnerty's character here.

[jberryhill]

42. Seems clear from this...

You gotta wonder about some people's critical reading ability sometimes...

"Finnerty and two friends had been accused of punching the man after he told them to 'stop calling him gay and other derogatory names,' according to court documents."

The man wanted Finnerty to stop calling him (a) gay and (b) other derogatory names.

The man obviously found "gay" to be a derogatory name, since he alleges he was called "other derogatory names" in addition to being called "gay".

I would guess that someone who thinks "gay" is a derogatory name is probably not gay.

Indicting Finnerty was a brilliant move on Nifong's part, since the terms of the deal in the previous case required that he not be arrested for anything else.

[Neil Lisst]

46. When the DA smilingly told the reporter the new DNA would be back May 15

He had the look of a man who had finessed his way past the election date.

He's desperate to get someone to testify against other players.

[Lindacooks]

48. Actually, he had the look of a man who knows the new DNA implicates

the players.

[Neil Lisst]

49. Actually, he had the look of a man who knew he'd dodged the bullet.

This case lacks even a modicum of necessary evidence to convict.

[onenote]

55. the victim in Finnerty's attack is not gay, per victim's lawyer

http://www.newsday.com/news/nationworld/nation/ny-usfinn214710722apr21,0,7022825.story?coll=ny-nationalnews-print

And while the details are not specified, it appears that the reason that no hate crime charge was brought was that both Finnerty and the victim of the attack were calling each other names.And although that fact doesn't justify in any way Finnerty and his pals beating up the guy, it indicates that the motivation for the attack wasn't based on anyone's sexual orientation, thus no hate crime charge.

http://www.washblade.com/thelatest/thelatest.cfm?blog_id=6308

D.C. prosecutors did not treat the attack as a hate crime, said U.S. Attorney spokesperson Stephanie Bragg Lee, because the circumstances didn’t warrant hate crime status.
"It was an argument between two young guys who were sizing each other up," she said. "Both sides had an equal portion of discussion, so we felt it wasn’t specifically a hate crime. So we waived the option there."

[BR_Parkway]

56. um, gay bashing include those who beat your ass because they "think" you

are gay. It's still gay bashing, it's mostly the reason there is an assault regardless of the orientation of the victim.

[Caoimhe]

3. He sounds dangerous

I have no use for such thugs.

[BlueManDude]

16. I do...

send him to Iraq.

[mountainvue]

21. Good idea. n/t

[glitch]

57. How about we give the Iraqis a break? Prison is a better destination. nt

[FredScuttle]

5. ahem, "alleged" assault victim

after all, none of us was there and knows what truly happened. This "victim" may have been assaulted before Finnerty even got on the street...or maybe the "victim" was drunk before crossing Finnerty's path. Now, mind you...I'm not blaming the "victim", I just want to be fair to this young man, who is innocent before proven guilty of calling a stranger a "faggot" and beating the shit out of him when told to stop.

BIG OL' HEAPING PILE OF :sarcasm:

[LostinVA]

8. Where's the evidence he was beaten?

"Injuries consistent with a beating" doesn't mean she was beaten. And, you know, some queers just ask for it anyway, walking around looking guy, just teasing a young, straight boy to come beat the shit out of him. I mean, sometimes beating is really just some fun and games -- like if the poor boy just got all excited about a chance to hit someone, and his hormones took over. How the hell is it the boy's fault?

Please tell me a sarcasm icon isn't needed...

[FredScuttle]

12. I have many questions about the so-called "eyewitnesses"

They seem to have an ulterior motive, or some desire to profit from this incident. I've seen a lot of stories (that couldn't have been planted or publicized by the defense) that calls their credibility into question.

I'm going to wait until trial to make up my mind, but from what I've seen, the "victim" is a lying, opportunistic little fairy who shoots puppies and laughs as they bleed to death.

[LostinVA]

13. I heard the eyewitness just signed a book deal with Random House

And hired Nathan Lane's PR manager. Big surprise. You know how they stick together. I can't believe the DC DA is taking this to trial -- it's only because it's an election year.

False accusations are made in gay bashing cases 99% of the time. I Read it on Fred Phelps site.

[FredScuttle]

18. And another thing

maybe the guy was, in fact, gay? And, if so, he should know better than to walk the streets of DC, leaving himself vulnerable to verbal and physical assaults from deranged college lacrosse players. C'mon...at some point, doesn't this "victim" bear responsibility?

And I am still unconvinced by the physical evidence that an assault took place at all. There are supposedly time-stamped photographs that show the "victim" smiling and hugging a streetlamp 15 minutes after this alleged "assault" took place.

on edit: great point about the DC DA....why must he politicize this case and pander to the electorate, instead of doing his job which is to, er....uh....prosecute criminal cases.

[LostinVA]

40. hehehehehehe

[BrownOak]

27. Interesting comment from the prosecutor

"Unlike prosecutors down in North Carolina, we don't comment on pending cases," Curtis said

[FredScuttle]

33. Interesting comment from Collin Finnerty

"Hey faggot!"

[Name removed]

44. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Binka]

51. I Swore No More Kids But Fred I Would Gladly Have Your Love Child!

:loveya:very very much! And I make beautiful babies!

[FredScuttle]

54. Thanks

:loveya:

[etherealtruth]

52. Hey, I read on Rick Sanatorium's site ...

...False accusations are made in rape cases 99% of the time ... women LIKE how rape victims are treated, that's why they flock to the police to press charges.

Do I really need the little sarcasm icon.

[Centered]

22. If he was in a diversion program

He had to plea guilty to the crime so chances are pretty good he assualted the guy. But I know what you are saying.

[Marie26]

34. That sentence was ridiculous

For beating & shouting gay slurs at this man, Finnerty "received a deal in which the charge would be dismissed if he performed 25 hours of community service and was not arrested for six months." 25 hours of community service, for an assault? The average assault sentence is 38 months! I wonder why a rich kid like Finnerty, w/private defense attorneys, got such a small slap on the wrist? :eyes: But it looks like that sweet deal will be rescinded now that he's been charged again a few months later. Poor guy.

http://www.newsobserver.com/102/story/430960.html

[Centered]

36. yup

he is in real trouble now regardless of the other case. The court in DC will probably act on his previous plea of guilty and he will now "officially" face charges for the assault. Drinking is a deal breaker for almost all diversion programs even 1 beer while still in the program. So even if he was arrested by mistake in the other case (not saying one way or the other) drinking at the party is enough to put him in jeopardy.

[FredScuttle]

37. And the DC prosecutor was so smug...

Ben Curtis, the federal prosecutor handling Finnerty's Washington case, would not comment on whether he will ask D.C. Superior Court Judge John H. Bayly Jr. to revoke the agreement.

"Unlike prosecutors down in North Carolina, we don't comment on pending cases," Curtis said.

Yeah Ben...but, apparently, you give perpetrators of hate crimes 25 hours of community service and an honor badge for kicking some guy's face in. Asshole.

[marions ghost]

38. THIS is why

they keep up the behavior. People capable of random violence do NOT understand a little slap on the wrist and wink, wink...just don't do it again. OH yeah.

[LostinVA]

41. Exactamundo

[lukasahero]

50. Thank you.

'Nuff said.

[goclark]

6. Didn't Dan AbramsCo say he was a "really nice young

man who could not possibly have done anything wrong."

Aside: I just learned that Abrams attend DUKE ~ huum, funny he never mentioned it when I watched his :puke: show.

[Marie26]

28. Oh, you're kidding!

I shouldn't really be surprised. It would've been nice if he'd mentioned that at some point.

Meet the faces of MSNBC!: "A 1988 cum laude graduate of Duke University in Durham, N.C., Abrams received a bachelor of arts degree in political science. He received his law degree from Columbia University in 1992. He currently resides in New York City."

http://www.msnbc.msn.com/id/3080410/

[stepnw1f]

7. Here Come the Duke Apologists...

pre-empting public's reaction.... hmmm... why?

[LostinVA]

9. Oh, something will be spun... luckily, they'll probably be on m y Ignore

I refuse to recognize rape apologists.

[stepnw1f]

10. Same Here...We'll see what happens.. (nt)

[undergroundpanther]

15. Oooh Never blame a popular

Sociopath asshole.. Oooh no

People,we need to stop these thugs Bush is a sociopath ands one of the problems with humans is glib superficial connected irresponsible bullies get away with stuff NOBODY should.

This asshole is a sociopath . I don't beat up people,I don't go out looking for fights, I don't like violence, I don't like domination,I don't like doing the shit bullies like to do.I have never been to court for assault or anything like that. I wonder why? Because I don't seek out people to abuse and than lie about it and expect others to cover my ass. I don't even GO there.

This is because I am NOT a bully. Bully people or so called "alphas" are not like me or other non bullying people.They are social predatory parasites.

A bully is THE problem in every relationship ,every time a bully has contact with others,everywhere they go there is problems and people left victimized .Bullies ruin others lives for sport and ego trips and they know right from wrong and as long as they are not held accountable to anything they don't care what happens to the victims they create.People for a bully exist as objects to use to win a game or get his own wants met,the only person that matters in a bullies mind is himself and whomever he can use to get what he wants.

Every sociopath bully needs to create a culture around himself that TOLERATES rationalizes and condones his sadism ,his abuses of trust & power by calling it'normal' or boyish pranks..

So unlike some here,I have NO more pity for sociopaths..or the misguided fools who enable him by creating that kind of culture where bullies dominate

[LostinVA]

17. You got it -- and this is separate from the rape case

Even the most redneck, 'phobe relative of mine (and I have some doozies) would never go and beat up someone.... because they aren't a sociopath. The men I know didn't and don't act like this. This isn't normal "sowing wild oats" behavior.

Excellent post.

[Binka]

53. Great Post

Just like malignant narcissists bullies are bluster on the outside and broken on the inside. They always hang in a pack. IMHO the culture of the lacrosse team and it's malignant narcissistic former coach only fueled this asshat's pathology.

[glitch]

58. Nicely stated. Most people aren't bullies and don't pick fights. nt

[bloom]

19. I think it's wrong to put people on "diversion" programs for violent crime

It's one thing for speeding tickets and public intoxication and such.

I suppose it is easier to get something on these people since people are more likely to go along with it - because their record will be wiped clean in a year (or whenever).

But with a lot of crimes - sentencing takes into account past crimes - so if they are not on the record - they won't.

At least if they have enough evidence to win a trial - they might as well prosecute. (It's probably just a money-saving technique for courts - they don't need as many prosecutors and judges).

[Centered]

23. Diversion doesn't go away

it stays on your record and on most city/federal applications you are asked if you were ever convicted of a felony... and also if you have ever had a diversion.

For example you can never be a police officer if you have had a diversion for a Domestic Violence charge (even a non a non battery DV charge) ever... (ever meaning in your entire life)

The courts can act on diversion charges as if they were previous offenses up to 5 years or so. Which is long enough to get yourself into trouble again if you are truely a criminal or just someone who made a mistake.

[bloom]

26. It's good if they ask that of policeman

Seems to me that what I've seen is they ask if you were convicted of a felony - not whether you were ever put on diversion. And the point of the diversion thing is not to have stuff on your record.

[Centered]

31. It can be...

Diversion is used to help with the grey areas, some charges can really ruin your life and it is a way to save time and money in the court system.

As far as the police example is concerned I don't know. There can be many facets to DV, I work with DV "Abusers" on a weekly basis. There are some that I can't believe are out on the streets and yet there are quite a few that I feel bad for them that they have such a serious charge on them that in reality doesn't fit the crime. One person I spoke with took a diversion (or Deferred Judgement) because she brushed past her husband to leave the house during an arguement. She didn't knock him over but she did push him aside. Sadly that is technically Domestic Violence Battery and she was a wreck, she had to provide duplicate prescription orders to her probation officer to prove she was legally taking the anti-depressants she was on. Her husband was also just as bad, they were looking into a divorce and so he called the police to get the aggression on record in case of a custody battle. He killed himself a week after the incident because he didn't know our state has a no tolerance policy on DV and that she would be arrested.

Any way her diversion was for 1 year but if she is arrested for DV again it will count as a 2nd offense (after 3 arrests it automatically becomes a felony)

Diversion isn't a free ride it's just a way to "redeem" yourself and give you a chance to prove you aren't a criminal. Publically yes the charges are dismissed... but internally for police the record will always show you had a diversion.

[tatertop]

20. Have his attorneys strenuously objected yet?!

If the defense attorneys strenuously object,
that is absolute proof of innocence and all charges
must be dropped - immediately.

That so-called victim better get a good attorney cause
he is in for one hell of a false accusation suit!

:sarcasm:

[FredScuttle]

24. I've seen studies

where the rate of false gay bashing reports can reach as high as 40%. Of course, there's quibbling over the true number, but let's just agree to say that the ratio of false reports to legitimate assaults is roughly equal and should be treated as such.

I think this "victim" ought to be put in stocks in the public square for irate citizens to throw rotten fruit at. Oops, did I say "fruit"?

:sarcasm:

[tatertop]

25. that might teach him to stop lying about those innocent broomstick boys!

He is so damn innocent I cannot believe
how innocent he is.
He probably didn't even mention a broomstick... this time.

[FredScuttle]

30. Plus he probably paid the "victim" a nice compliment

He told him to thank his grandpa for fantastic Hollywood fashion and the Liberace show

[IndianaGreen]

29. Shouldn't they wait for a conviction before they do this?

Or are we dispensing with trials nowadays?

If this guy is innocent of the rape allegation, we would be committing a grave injustice by being so quick on the trigger.

[onenote]

32. don't know what the exact condition on the prior deal was

I've seen it stated that the diversion/community service deal was conditioned on finnerty "staying out of trouble" -- but I suspect that the wording of the agreement is more specific. It may well provide that if he's arrested or indicted for a violent crime, the deal is off. Unfair? Not really since he had no "right" to the deal in the first place.

onenote

[Marie26]

35. The deal was conditioned

on having no other "charges" within the next 6 months. Finnerty was "charged" & indicted in the Duke rape case, so he's officially violated the terms of the dismissal. And for me, I think it's a grave injustice that this guy received a "diversion" at all for such a vicious assault.

[FredScuttle]

45. Grave injustice?

Tell that to the guy who got his face kicked in during the course of a hate crime and his attacker gets off with 25 hours community service and a promise never to do it again.

Fuck this piece of shit....he deserves hard time.

[Karmadillo]

59. You know nothing of DU's Preemptive Justice. First we cherry-pick

the evidence, then we convict the defendant or plaintiff depending on our druthers. Trials are something for the losers in Old Europe.

[Swamp Rat]

39. Genetic garbage

[FredScuttle]

43. You know what?

Fuck this piece of shit. I don't even care if he's implicated in the rape case. Fuck this entitled piece of batshit who's had everytying handed to him on a silver platter and damn if he didn't screw it up.


Fuck this piece of shit....I hope he he dies a painful death at the hand of some Brothers. Asshole

[rodeodance]

47. Tucker just got it wrong--he is whining that they 'reopned' the case, but

it was never closed --as he violated the terms of his probation. just now on msnbc.