| unwarranted warrants; "fixed" at the very start | |
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| Topic Started: Aug 20 2009, 10:08 AM (169 Views) | |
| Quasimodo | Aug 20 2009, 10:08 AM Post #1 |
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The applications for search warrants were "constructed" so as to support the case which the DPD wanted to make. That required a bit of altering, and "constructive" reporting of the "facts"--meaning, that from the very start, March 16, a case was apparently knowingly being built on less than the truth. application for search warrant for 610 N. Buchanan St. March 16 "...Shortly after going back into the dwelling the two women were separated..." IOW, Kim is a bystander, a witness, and not a participant. There is no explanation of "how" the two women were separated--whether by "other" party goers (as was sometimes claimed) or maybe whether Kim just wandered off someplace. (There is enough wiggle room here to drive a Sherman tank through--but the "story" carefully avoids what Crystal actually said--that Kim robbed her and also helped in the assault.) "Police went to the residence in the early morning hours shortly after the victim reported the event." The "victim" was not the first to report the "event". That was Kim, saying--anonymously--that she had been called a name. (Odd even that the police responded to that...) IIRC Crystal was unable even to give the correct name of the street to officers at first. This wording makes is seem that Crystal went to the police and reported a rape, when in fact she only "agreed" to a rape claim after it was first suggested to her. ------------------- application for search warrant for McFadyen's room March 28 signed by Judge Ronald Stephens (who else?) "Finally, a pile of twenty dollar bills were recovered inside the residence totally $160.00 consistent with the victim's claiming $400.00 in cash in all twenty dollar bills was taken from her purse immediately after the rape." Crystal claimed that $2000 was stolen from her, and that Kim took it. She also said she left $1000 in an officer's car. (If she did, where is that money?) She consistently worried about where her money was, more so than the "rape" claim. But by reducing the sum and conveniently connecting the $160.00 with it, another charge (and more "evidence" may seem to be found. The $400 is exactly the amount which the players payed Crystal, and which therefore she could have been expected to have. (No need to mention that she might have had other cash with her, or explain how she came by it. Nor, to mention that apparently Kim may have been paid all the money for the two of them when she arrived.) And it's odd that the "thieves" didn't divvy up their money among themselves, or even hide it--something they might have done if they feared being discovered after a crime which included a gang rape. IOW, these applications for warrants tell us not something about the case, but, through what they don't say, tell us what the police wanted to hide. |
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| Quasimodo | Aug 20 2009, 10:12 AM Post #2 |
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These warrants also do not contain physical descriptions of the possible suspects--although Crystal had given such descriptions. Since they had descriptions, and since they asserted (by the very fact of the applications for warrants) that they considered her to be reliable, why didn't they use them? Contrast: "The person of the intended search is Michael Jermaine Burch and he is described as a black male with the date of birth of September 18, 1985. His North Carolina Identification number is _____. He is approximately 5 ft. in height 170 pounds in weight; he has black hair and medium brown skin. (photo attached) Edited by Quasimodo, Aug 20 2009, 10:13 AM.
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| Quasimodo | Aug 20 2009, 11:44 AM Post #3 |
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IOW, what is one to conclude but that the DPD knew at the very start, from the first application for a warrant, that they didn't have a case, and had to manufacture dubious "facts" in order to get a warrant. (You can add here, the false statements about the "injuries consistent with..."). And "consistent with" that analysis, is the subsequent behavior of the DPD (in not interviewing suspects, not meeting with the accuser, not accepting offers to see what the defense had, etc. etc. ) IE, they never did believe what Crystal claimed (nor any complete version of it). |
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| chatham | Aug 20 2009, 03:34 PM Post #4 |
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This is excellent. These documents show how early and how much thought went into setting someone up for a crime that did not happen. In order to be so organized in legal abuse, the fewest number of people needed to know the lies from the earliest possible moment. And it appears that time line started on the 16th or earlier. Other people could have been easily convinced to go along because the accusations included what a lot of folk wanted to hear and wanted to believe; a history making white on black sex and race case by "rich" kids. The accusations? White on black rape, assault and kidnap. Underage drinking in Trinity Park. Stripper parties. White helmut sports. Duke University students. The non-legal motives? Need to win an election. Need to hate Duke students. Need to be a relevant SANE. The responses? White on black rape is an outrage especially when it is associated with a prestigous university. We are a minority city and we do not tolerate while on black rape. Parties in Trinity Park need to end. Our students are guilty. These are all individual motives used to justify outrage for a crime that never happened. Brodhead said it the best to the entire world on April 20 at the Durham Chamber of Commerce, verbally representing all of the parties who did not have the honesty to at least represent themselves as neutral.... "If our students did what is alleged, it is appalling to the worst degree. If they didn't do it, whatever they did is bad enough." It is my opinion that the reason brodhead had tears in his eyes and told the LAX team captains how hard this was on him was because he was not man enough to take the side of the truth. Instead, he was willing to accept being a racist. |
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