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Many people argue that the Duke rape case has unraveled due to the decision of the District Attorney to drop the rape charge and because Mike Nifong has failed to turn over evidence to the defense. Although these recent events show that the case is a tough one for the state, the case is far from being over. No Prejudice to the Defense
The defense attorneys are attempting to try this case outside of the courtroom. Nothing new came out of Brian Meehan’s report. It was already clear from the state laboratory report in April that none of the player’s semen, saliva or blood was found on or in the victim or on her clothes. Brian Meehan’s firm, DNA Security, was merely hired to conduct more sophisticated testing to double check the state laboratory’s findings. The fact that DNA Security’s report omitted some facts is not surprising or necessarily proof that there was a deliberate attempt to hide evidence from the defense. Mike Nifong and Brian Meehan probably have an honest belief that the facts omitted were not exculpatory in nature. In their minds there was nothing new to report. The delay in turning over evidence to the defense has not been prejudicial to the defense’s case. If the defense felt that the delay in letting them know about the second round of DNA test results prejudiced them, they could always get a continuance of the trial. Vilification of the Prosecutor
The defense is attempting to vilify the prosecution with the hope that their personal attacks against Mike Nifong will cause him to cave in and dismiss the entire case. Fortunately, Mike Nifong is exercising his own judgment based on his honest assessment of the evidence. Rather than being vilified by the press, Mike Nifong should be given credit for taking on a difficult case. This is a case where the DA is taking sides with a poor black woman in the south, who claims to be raped by a bunch of privileged white men. This is the type of case where a politically motivated man would run away from. As to his decision to drop the rape charge, the DA maybe bringing the charges where he believes he can meet his burden. It does not mean that he does not believe rape may have occurred. Victim’s Credibility
There is physical forensic evidence that corroborate her version of the event. There is DNA evidence linking two of the players to the victim. DNA extracted from false fingernails recovered from a trash bin was consistent with DNA of David Evans, a co-captain of the team and one of the defendants. After all, how does she wind up with their DNA underneath her fingernails unless there was a struggle? The police had the opportunity to interview the victim at length, and must be convinced she is telling the truth. Otherwise, why would they be taking such a politically damaging case to trial? The victim’s credibility is an issue for the jury to determine. We still do not know enough about the case to really call into question the victim’s credibility. Apparently, this incident involved alcohol and the events may have been so traumatizing for the victim that she is not clear as to all the details. Conclusion
Nevertheless, there are facts about this case that justify Mike Nifong’s decision to press forward, such as the fact that the police examination of the victim revealed that she had been sexually assaulted and the fact that the victim appears to have fled the house, leaving her cash, fingernails, make-up bag, and identification behind. Based on these facts, we know she was violated. Consequently, Mike Nifong’s decision to continue with this case seems entirely justified. Written by Donald P. Schweitzer
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This case just shows you how easy it is for law enforcement to identify killers in most cases. Here we have evidence of the suspects, Craig Titus and his wife, Kelly Ryan buying a large amount of lighter fluid and burning the victim’s body (Melissa James) in Kelly Ryan's car. After the murder, both suspects fled Nevada and headed east. We also have evidence of Titus making tape recorded jail house confessions. This should be a pretty easy case for the prosecution. Craig Titus is extremely out of touch with reality when we look at his desperate attempts to escape prosecution. He has reportedly been trying to entice law enforcement officials to conduct investigations into the alleged criminal behavior of several witnesses that will be called to testify against him. Imagine the likelihood of our government letting Craig Titus off the hook for murder, in exchange for his information that may lead to a drug bust! Written by Donald P. Schweitzer
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The judge in this case gave the owner, Joe Francis, of GGW a very lenient sentence for behavior that amounted to the sexual exploitation of minors. Having to serve only eight hours a month for thirty months of community service is a joke. People who commit these types of crimes typically serve jail or prison time. The judge’s statement that this sentence was harsher on Mr. Francis and the company than a money sanction is ludicrous. The next thing we are going to see are numerous lawsuits and huge jury awards, which will be the end of this company and hopefully put an end to this type of entertainment. Mr. Francis appears to have known that lawsuits were inevitable. Recently I watched a television show displaying his enormous mansion located in Mexico. You have to wonder if Mr. Francis has purchased property south of the border in an attempt to become “judgment proof.” I also think we are letting many of the woman involved in these incidents off the hook too easily. If a drunken man stripped down in the middle of Main Street and happened to be photographed, I doubt that he would be considered a victim. The story about the seventeen year old girl who is alleging rape is something we would expect to happen when GGW enters a bar and begins taping. The types of people who are employed in this type of “entertainment” are warped and likely to take advantage of drunken girls. Reportedly, there is a pattern of GGW employees getting girls drunk and luring them onto the company bus. In my opinion, there should be laws passed to discourage this type of an industry from growing further. The seventeen year old girl’s statement that the prosecution is not doing enough sounds pretty silly. After all, she cannot identify the man she was with and the prosecution has sent out subpoenas to GGW in an attempt to identify the people who were working for the company when the incident happened. If the man is eventually identified, I hope there will be corroborating evidence, since the victim’s statement by itself will not be enough to convict. Written by Donald P. Schweitzer
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A two year, $7.3 million inquiry into the death of Princess Diana by 15 British investigators has concluded what all the previous investigations have found. The 1997 car crash was a tragic accident. Princess Diana's billionaire boyfriend’s (Dodi Al-Fayed) father, Mohammed Al-Fayed, still believes the accident was as a result of foul play and is quoted as saying that he should not be contradicted because he is a grieving father. I think he is right. Arguing with him about the cause of his son’s death is in poor taste. If the grieving father wishes to pour his own money into a further investigation, so be it. However, the government has spent over seven million dollars investigating this case and the results show this was a “tragic accident.” This conclusion should also be respected. Spending anymore of the tax payers’s money on this case would be ludicrous. Written by Donald P. Schweitzer
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Ms. Smith shows her strong interest in getting her money, to the extent she has dared to return to California where the paternity case is being heard and allowing herself to be personally served by her ex-boyfriend. The judge in this case , Robert A. Schnider, is a no nonsense judge who understands that children need their fathers as much as their mothers. If there are any facts to support a DNA test, Judge Schnider will order it. I have appeared before Judge Schnider on many occasions and can tell you that he is not going to allow Ms. Smith to keep frustrating contact between the child and her father. I find it interesting whenever someone like Ms. Smith contests DNA testing. The test only costs about $150 and is relatively non-invasive. Ms. Smith must know that the Mr. Birkhead is the father of the child, otherwise the DNA testing would have been done a long time ago to rule him out. As far as drug testing is concerned, the court will not rule on this issue until DNA tests establish that Mr. Birkhead is the father. However, if and when this is established, Ms. Smith is going to have problems, since the court will order drug testing in a case like this, and can possibly alter custody based on Ms. Smith’s continuous abuse of drugs.
Written by Donald P. Schweitzer Click HERE to watch the video.
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Last week, Britain's Crown Prosecution Service released a statement that Naomi Campvell will not be charged with assault because there is insufficient evidence. Charges were not filed in part because there was the complaintant has left Britain and would not return to testify. Also, there was also a report from E! reporter Gina Serpe, that indicated that Britain's Crown Prosecution said it would not add to to Campbell’s already extensive RAP sheet over the alleged incident. This statement indicates there is something wrong with the prosecution. Criminal charges are not filed based on how well they may add or detract from a person’s RAP sheet. We are not talking about a job resume! If there are mitigating factors involved in the case or if there is a lack of evidence, fine. But, whether or not the charges add to the person’s RAP sheet is irrelevant. Another issue with this case is that Ms. Campbell appears to be using a lot of people as scapegoats for her behavior. Ms. Campbell is quoted as saying that she needs to be a better judge in finding people to assist her, as if that is her only fault. It seems to me that a person facing criminal charges should show a little remorse for her actions. She needs to admit she has an anger management problem and show the court and her fans that she is taking steps (such as going to a class) to address this problem. There is nothing about Ms. Campbell’s recent statements or behavior that would lead us to believe she will be changing her ways in the near future. Written by Donald P. Schweitzer
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 Southern California attorney Don Schweitzer provides legal commentary on the Michael Jackson trial. Click HERE to watch the video.
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