By Alec Zadek '08
News Editor

The Duke lacrosse scandal charged the nation throughout the spring and summer of 2006. As more information came to light, the harsh criticism and contempt for the Duke lacrosse team faded and all eyes turned to the over zealous prosecutor and the fraudulent accuser.

The incident occurred during the late hours of March 13, 2006 and the early morning of the following day, when exotic dancer Crystal Gail Mangum and a co-worker were hired to provide entertainment at a party comprised mainly of Duke lacrosse players. Mangum accused several of the lacrosse players of sexually assaulting her while she was at the party. Mangum’s accusation caused uproar in Durham, N.C. and throughout the country as her version of the evening’s events was retold by major media sources. Hordes of people cried for the players to be imprisoned, castrated, or worse.

The prosecutor in charge of the case was Durham District Attorney Mike Nifong. As a result of his preliminary investigation, three lacrosse players were arrested and indicted. Over the course of the year and a half following their arrests, all of the Duke lacrosse players were vindicated as Mangum’s story disintegrated, and Nifong was disbarred and sentenced to one day in jail for criminal contempt.

The Student Legal Forum hosted James P. Cooney ’82 on Thursday, October 11, to speak about his experience representing Reade Seligmann, one of the three Duke lacrosse players indicted for first degree forcible rape, first degree sexual offense, and kidnapping. The lecture entitled, “Anatomy of a Hoax: Lessons Learned from the Duke Lacrosse Rape Cases”, drew over 100 students and faculty to the Caplin Pavilion.

Cooney opened his speech by recounting the ugly facts of the case. He described the hiring of stripper escorts at a party as “colossal bad judgment,” stating that “[the defendants] did a very stupid thing that night.”

He then discussed the overwhelming national response to his client’s indictment.

“Within a month my client was the most reviled person in the country. His picture was on the cover of Newsweek Magazine as not only a rapist but a rapist who participated in a gang rape that was motivated for racial purposes.” Cooney then added, “And ladies and gentlemen, what we know about this situation is it was a hoax.”

After his opening remarks, Cooney walked the audience through the investigation of the case, discussing the divergent testimonies of Mangum, and explaining the electronic evidence, photographic evidence, and DNA evidence that was used to vindicate his client.

But he emphasized that it was the North Carolina State Bar’s decision to investigate Nifong for conspiracy to obstruct justice that turned the case around.

“It was a contentious debate,” Cooney remarked. “At the end of the debate the vote was eight to eight, evenly split.” The tie-breaking vote came from the chairman, who decided to initiate proceedings immediately. This forced Nifong to withdraw from the Duke case and allowed special prosecutors to take over. “At that point we were dealing with honest and fair prosecutors,” Cooney said.

The ensuing investigation led to a declaration by the state’s attorney general that the defendants were innocent.

In a brief interview, Lisa Miller, a first-year law student, summarized Cooney’s closing remarks.

“His message was that this sort of injustice can and does happen, almost too easily, to many people, every day. The lesson to take away is not that the justice system worked as it should, and that the players were acquitted because their accuser was a liar; the lesson is that the case came dangerously close to going horribly wrong, and that we have to keep on fighting, every day, to ensure that everyone gets a fair chance.”

The event was organized by the Student Legal Forum, which hosts several stimulating speaker events each year.

“The presentation was wonderful. I learned a lot, and I think everyone in attendance did as well,” remarked Josh Hartshorn, president of the Student Legal Forum.