Friday, September 29, 2006

Don't Make It Harder Than It Has To Be

Kim, 3.22.06:

At about 11:30 Precious arrived and came to the back where we met for the first time. I waited outside and she went inside to collect her money. She showed me her payment ($400.00) and we went straight the bathroom where my outfit was to change clothes. Precious came with her dancing gear on and did not need to change.

We conversed about our plan for the dance. There was a knock on the door and we were handed two drinks of equal amounts. We did sip the drinks, but Precious cup fell into the sink. We finished getting dressed and proceeded to the living room, led by Dan, to do our show. There were about 20-25 young guys there, who were all sitting down. Precious and I began our show which, in my opinion, seemed to be going well. Precious began showing signs of intoxication at this point. We continued with the performance until one of the boys brought out a broomstick and after asking if we had any toys, said he would use the broomstick on us.

That statement made me uncomfortable and I felt like I wanted to leave. I raised my voice to the boys and said the show was over. The commotion riled Precious up and caused her to get irate. I went to the bathroom with Precious and I told her I wanted to leave. Precious felt we could get more money and that we shouldn't leave yet.


Bissey, 4.26.06:

4. At approximately 11:50 p.m., I saw from porch that a car had been stopped directly in front of 610, and noted that two young women, both appearing to be African-American, were walking from the direction of the car and proceeding to the back-yard entrance of 610. One of the two was dressed in an extremely short tan skirt and was wearing high heels. Her hair was pinned up above her ears. The other women was more conservatively dressed in pants and a sweater or blouse of some sort, and her hair was shoulder-length and curly. The two women briefly spoke with one of the men who was in the back yard. I remember hearing that he lived "at the other house," which in retrospect I assume to be the house on Urban Ave. that also was rented to Duke lacrosse team members. This man then left in the direction of Watts St., apparently to residence to which he had just referred. Another young man spoke briefly with the two women just outside the back door of 610, and then proceeded indoors. At this point no one was outside of 610 besides the two young women.

5. A very brief conversation between the two women ensued, which I observed by switching to another chair on my porch. The more conservatively dressed woman noticed me at least once, when we made eye contact. She was speaking to the more proactively-dressed woman in a tone that I deduced through body language to be sort of coaching, as if she was preparing her for something that she herself was comfortable with, but needed to talk the woman with the short skirt through it. I did not overhear any specific words at that time. Twice that I noticed during this conversation, a man or two different men opened the back door of 610 and spoke to the women, and the more conservatively dressed woman responded both times something to the effect that they would "be right there," or "just give us a minute."

6. I saw the women enter 610 together. After a moment, I remember quite specifically noting that it was Midnight. The reason I know it was Midnight is because I looked at my cell phone and noted the time. At approximately 12:05 a.m. on Tuesday, I re-entered by house and took a shower.


Crystal, 4.6.06:

"We went into the bathroom and shut the door."

"Dan knocked on the door and asked if we wanted a drink. We said yes. He gave us a drink and we continued to talk."

IMPORT: "Nothing happened" prior to the conclusion of the "dance" at 12:04 a.m.


12:18 a.m. at the LATEST: Seligmann & Wellington leave the house and walk to the corner of Watts and Urban, where Elmo picks them up at 12:19 a.m.

Note: Wellington's Affidavit indicates that he and Reade waited at the corner for Elmo's arrival for "a few minutes." It is likely, then, that they left the back porch as early as 12:15 a.m., a minute after Reade had spoken to Elmo on the phone.

IMPORT: Fourteen minutes, at most, and perhaps as few as eleven, elapsed between the conclusion of the "dance" and Seligmann's departure from the premises.



We continued with the performance until one of the boys brought out a broomstick and after asking if we had any toys, said he would use the broomstick on us.

That statement made me uncomfortable and I felt like I wanted to leave. I raised my voice to the boys and said the show was over. The commotion riled Precious up and caused her to get irate. I went to the bathroom with Precious and I told her I wanted to leave. Precious felt we could get more money and that we shouldn't leave yet. She was uncontrollable at this point and was yelling at the boys who were knocking on the door to leave us alone. I finally decided to leave the house. I left the bathroom, grabbed my bag and exited the house with my dancing gear on.

I went to my car, wanting to leave, but not wanting to leave the girl in the house alone. I changed my clothes in the car where some of the boys were coming to my window asking me to talk to them. I was told by one of the guys that Precious was passed out in the back and could I please do something with her.*

By this point, it seemed that the fellas may have been ready for the evening to be over. I told them that if they could get her to my car, I would get her out of their hair. Within minutes, she was being helped out of the back yard and into my car...

...-forgot to mention that the first time Precious came to the car she left because she felt there was more money to be made. It was after then, that the boys helped her to the car. They carried her by throwing her arms over their shoulders and assisting her walking to the car - I can't remember if only one boy helped or 2.

The point in time where I went to get Precious' things from the house, I walked to the back of the house thru the side of the house outside. I entered the house from the outside from a back door. I looked in the bathroom to retrieve her things but could not find them. I exited the house the same way I came in, along the side of the house to my car without finding any of her items.



At approximately 12:05 a.m. on Tuesday, I re-entered by house and took a shower. As I was getting re-dressed in my bedroom, which is on the opposite side of the building from 610, I heard loud voices outside. I had left my front door open, and the voices were carrying from in front of my residence, as well as open windows along the alley between 608 and 610.

7. At this point, anywhere from 12:20 a.m. to 12:30 a.m., I observed 20 to 30 young men in the alley between my residence and 610 Buchanan, and on the sidewalk in front of my building. From the front living room of my house, I heard men yelling amongst themselves about money. Specifically, I heard one man call sarcastically at one of his peers that it was "only $100 bucks" that he had apparently spent. It is not clear to me exactly when I noticed one of the men was leaning into the driver's side window of the car that was parked directly in front of 610, but it appeared that he was having a conversation with whomever was in the vehicle at the time...

...Eventually, the situation seemed to have subsided, with some of the men calling to each other "guys, let's go" repeatedly in an effort to disperse the party, and the conversation between the women who were apparently in the car and the young man at the driver's window seeming to be calm.

9. I noted that the skimpily dressed women had exited the car, saying something to the effect that she would go back into 610 to retrieve her shoe. She seemed agitated, but not hysterical. I left the front door open so that I could hear if the situation flared up again. I would estimate that the young women left the car at around 12:30am.


Crystal, 4.6.06:

"Nikki and I started crying."

"We ran out to the car screaming and crying."

"Nikki told me that they were sorry and that they were going to give us $1200 if we stay. Nikki and I got out of the car and went back into the house. As soon as we got back into the house, they were more excited and angry."

"Nikki and I started to leave again, and three guys grabbed Nikki and Adam, Matt and Brett grabbed me. They separated us at the master bedroom door while we tried to hold on to each other."

"The boys hit and kicked me. Matt grabbed me and looked and me and said sweetheart you can‘t leave."

Crystal, to Levicy, 3.14.06:

The accuser told the nurse that Nikki had urged her to have sex with her and one of the men, "Brett." The woman said something didn't feel right and she stormed out of the house. She said she argued with Nikki in the car. Brett and Nikki then carried her back into the house, the nurse wrote.

"I kept telling them no," the nurse's narrative said. "Nikki said, 'Girl, you want some more to drink, we got to make some money.' ... I said no, I want to get back in the car."

The woman said she was taken into a bathroom
where three men -- Adam, Brett and Matt -- raped her anally, vaginally and orally, using racial and sexual slurs while they assaulted her. One of the men, Matt, said he was getting married the next day. They did not use condoms and threatened to kill her if she didn't comply, the woman said, according to the nurse's notes.

"Someone was knocking on the door letting them know it was time to go. ... Nikki was on the other side of the door and we started arguing."

The woman said she begged Nikki to take her home. She told the nurse that Nikki pushed her out of her car and took her money.

Crystal, per statements attributed to her in Durham Police Department Affidavit dated 3.16, and repeated in P.D. Affidavits dated 3.23, 3.27 and 4.18:

"The victim and her fellow dancer decided to leave because they were concerned for their safety. As the two women got into a vehicle, they were approached by one of the suspects. He apologized and requested they go back inside and continue to dance. Shortly after going back into the dwelling, the two women were separated."

IMPORT: "Nothing happened" until after the exit and return. Bissey recalls twenty to 30 men in the alley between his house and 610 Buchanan at around 12:20-12:30 a.m. He has just concluded taking the shower he commenced at 12:05 a.m. He sees a male talking through Kim's open car window to whomever was inside and, at about 12:30 a.m., sees Crystal exit the vehicle saying something about going back to the house to retrieve her shoe.

IMPORT: Seligmann was gone before the "exit and return."


Monday, September 18, 2006

Nifong the Ghostwriter?

On September 16th, one "Jimmy D. Haynes" had the following "Letter to Bob Ashley" published in the Durham Herald-Sun:


This is in response to Debrah Correll's letter of September 7.

If no rape occurred at the Duke lacrosse party, as she claims, perhaps she can tell us why 40 lacrosse players refused to cooperate with the police investigation on this case and why not one of them has come forward to support the alibis of the defendants.

If these 40 players are granted immunity and called to testify at the trial they will have no other choice than to tell us what they know. I believe a declaration of innocence for the defendants is premature.

None of the defendants have proven they were not at the scene of the crime when it occurred. They have only proven they left in a hurry because they knew they needed an alibi.

I have known District Attorney Mike Nifong for over 15 years. I have found him to be a trustworthy, honest and reliable person. He is doing what a good district attorney is supposed to do. He will get the job done.

September 16, 2006


The following is my Letter to Bob Ashley, submitted for publication thirty seconds ago. I wonder if he'll print it. I do fear that I have run afoul of the "250 word limit" guideline :

The September 16 letter of "Jimmy D. Haynes" is so full of misleading falsehoods that I must conclude one of three things:
1) His real name is Michael B. Nifong;
2) His real name is Bob Ashley, or;
3) His real name is "Liar."

Contrary to Mr. "Haynes" assertion that "40 lacrosse players refused to cooperate with the police investigation," is the truth: On March 16th, the three players who shared the subject house, willingly and without requesting counsel, spoke to police officers at the residence for hours, assisted officers' search of the premises, went to the police station without attorneys to give formal statements, offered to take polygraph tests, and voluntarily submitted to DNA sampling. A week later, in response to an unconstitutional Order mandating that all but one member of the team give DNA samples, "all 47 players had hear their lawyer, Bob Ekstrand, tell them what they needed to do. Ekstrand was about to tell the players that they could appeal the order as "overbroad," too sweeping in its scope, when the players got up and started heading for their cars to drive downtown to the police station. (The team's one black player was not required to go; the accuser, who is black, claimed her attackers were white.)" -- Newsweek, June 29, 2006 issue.

Contrary to Mr. "Haynes" assertions, two of the accused lacrosse players, Reade Seligmann and Collin Finnerty, have air-tight alibis proving that they were nowhere near the house when the false accuser fell down drunk. The third was concededly there. The crimes charged against him, however, never happened. Indeed, they are but the "fantastic lies" of a troubled sex industry worker and a dishonorable District Attorney, who framed The Duke Three, inflamed racial tensions in Durham and used, yes, U-S-E-D, the African American community to wrest the primary election from the woman, Freda Black, he had fired but a year earlier.

Contrary to Mr. "Haynes" misunderstanding of the Constitution, the defendants need not prove anything. Michael B. Nifong must prove beyond a reasonable doubt that the three men whose lives he has irreparably damaged were all in the same bathroom, at the same time, beating, kicking, choking and 3-input raping the false accuser for approximately thirty minutes. He can't. And he won't.

I offer condolences to Mr. "Haynes" upon learning of his long association with Mr. Nifong. As my dad used to say when I, too, was but an impressionable youngster: "Show me your friends and I'll tell you what you are."

Michael F. McCusker
Franklin Lakes, New Jersey
September 18, 2006


Please send you own letters to Mr. Ashley via the one hyperlink found in this post. Thank you.


Update: The Herald Sun is going to publish my letter! And they corresponded so quickly to let me know the good news! I was a bit disappointed, of course, to learn that they are invoking editorial privilege, but only so as to bring my original offering within the 250 word limit. All-in-all, I must say I am pleasantly surprised at the care taken by Mr. Ashley's staff to fairly reflect my original thoughts. Herewith, my letter, as it will appear in hard copy later this week:


Mr. McCusker,

Thank you for your letter to the editor. We've edited your submission just a bit to bring it within the 250 word limit. Hope you don't mind. we believe this edited version (just a few words removed and added here and there) still fairly represents your thoughts. Look for it to be published later this week. Thank you for your interest and loyalty to the H/S.


Re: The September 16 letter of "Jimmy D. Haynes"
I must conclude:

Mr. "Haynes" assertion that "40 lacrosse players refused to cooperate with the police investigation," is the truth. On March 16th, the three players who shared the subject house, willingly “gathered...” When the players got up and started heading for their cars to drive, two of the accused lacrosse players, Reade Seligmann and Collin Finnerty, fell down drunk. The third was concededly there.

Indeed, they are but "fantastic liars". The Duke Three, inflamed racial tensions in Durham and used, yes, U-S-E-D, the African American community.

Mr. "Haynes" understanding of the Constitution is right on, Michael B. Nifong need not prove anything.

I offer condolences to the three defendants upon learning of their long association with other lacrosse players. As my dad used to say when I, too, was but an impressionable youngster: "Show me your friends and I'll tell you what you are."


Thanks to Anonymous 8:12 for the hipping me to the good news. (I know who you are!)

I can't believe it! I'm going to be published in a real live newspaper!!


Update, 19 September:

Rodney Turner's Rebuttal:

Rich white males are America's new victims

Jimmy Haynes, [Letters, Sept. 16] like Mike Nifong, apparently has not been paying attention to the evidence in the Duke lacrosse hoax. Haynes says that if the defendants are innocent then why have they not come forward to support the alibis of the wrongly accused. They have come forward. All of the players have signed affidavits stating no rape occurred. And in the beginning, the three residents of the house fully cooperated with police without legal council and all three offered to take polygraph test.

I guess to Haynes, unless they lied and told authorities what Haynes wants to hear, then they are not cooperating. The Duke players were cooperating until they realized District Attorney Mike Nifong was not interested in the evidence, just like Haynes. Nifong had a primary election to win. Anyone that has been actually following the case would realize that there is not one. There is not one piece of evidence that supports a rape.

The only people that are supporting this travesty are people with agendas (race, sex or class) or individuals that are ignorant of the evidence. Just because the characters in this fiasco do not support the sex or color of society's definition of victimization does not mean it is not an injustice.

Just like Jews and blacks in the world's history the new group that society blindly allows people with agendas to discriminate against is rich white males.

September 19, 2006

Saturday, September 16, 2006

Hey Kids! Estimate Nifong's Pension! It's Fun!

Aaaaaaah! I GET it! It's a profit deal!!!
~Steve Martin, The Jerk, 1979

Now, thanks to the handy-dandy North Carolina Department of State Treasurer Retirement Systems Division Pension Benefits Estimator, you, too, can enjoy hours of relaxing entertainment with simple math calculations, just like Mikey!

Wanna know whether the date of Mikey's detachment from civil service will have any effect on the monthly amount he might expect from a grateful State of North Carolina? Well, now you can! After accessing the Benefits Estimator main page, simply click on the button conveniently provided for "Local Government Employees," and "Continue."

Once here, the fun really begins!

Of course, in order to secure a truly accurate retirement benefits estimate, you'd need to know all of Mikey's relevant input data. Alas, some of that information is known only by Mikey and State or Federal benefits administrators. You won't know, for example, his accumulated Sick Leave, or his estimated monthly Social Security Benefit at age 62.

His DOB, commencement year and cumulative years of service are here, though, and we can safely assume that, because of his long service, he makes "around a hundred thousand dollars a year." I know, I know, that does seem light for the 27-year "best lawyer in the office," but, hey, it's North Carolina.

Ready? Great! Let's do a few together, okay? Who's with me? I thought so!

Example Number 1:

Just for fun, let's say Mikey loses the November election or is otherwise removed from office at the turn of the year. If we input his Date of Birth (09/14/1950), Date of Retirement (01/01/2007), Years of Creditable Service (lets say 28), Average Final Compensation (let's err on the conservative side and say exactly $100,000.00),* and click "calculate benefits," the North Carolina Treasury Department's official website indicates that Mikey could expect to receive at least $3,822 in pension benefits per month. "At least," of course, because we have not input his Accumulated Sick Leave or Age 62 SS Benefit. And, let me see those hands now, who thinks that Mikey has, really, been doing quite a bit better than $100K since his ol' pal, Governor Easley, appointed him to the top post in the Office? Goooood! I think so, too.

* This is a reeeeeally important component of the calculation. The longer Mikey remains in office, presumably, the higher his yearly salary and, thus, the higher his Average Final Compensation.

Mikey just turned fifty-six years old. Did you all remember to wish him a Happy Birthday? That's pretty good. Pretty good. But I'd like the rest of you to send him a card, okay? Just drop it in the mail to his home address, 615 November Drive, Durham, NC 27712. November Drive! Oooh, that's a hoot!, isn't it boys and girls?

Anyway, back to our math homework. Let's say Mikey gets a really special present this year and wins the election. I know, I know, but, just for shits and giggles, work with me here, okay? In my admittedly absurd hypothetical, Mikey wants to retire six years from now, at age 62, when his son will be a college junior.

Example Number 2:

Entering "01/01/2013" in the Date of Retirement box, "33" for Years of Creditable Service, and, oh, a very reasonable "$120,000.00" in the space provided for Average Final Compensation yields Mikey's estimated monthly retirement benefit of: $6,015. Isn't this fun?

Example Number 3:

Lets say Mikey wants to retire eight years from now, after the boy graduates from college: Using "01/01/2015" as the Date of Retirement, "35" Years of Creditable Service, and an extremely conservative "$125,000.00" to represent Average Final Compensation, Mikey might expect an estimated $6,744 per month in State retirement benefits. Kind of makes those additional two years not seem worth it, huh?

But now, I know, I know, perish the thought, lets say Mikey remains in office for another ten years!

Example Number 4:

He retires on "01/01/2017," with "37" years of service, and an Average Final Compensation of "150,000.00" (Hey, he's been Grand Poobah for a decade). Y'all ready for this?


Wow! Well more than double what he might expect, if anything at all, if driven out in disgrace this January! Go crazy, kids! Try your own figures! Mikey likes this even more than reading the list of Lewis Cheek's write-in petitioners!

My examples are, of course, merely estimates, subject to tweak upon the input of data known only to Mikey or State and Federal benefits administrators. I also do not know if District Attorneys are parties to or beneficiaries of a super-duper special contract that would substantially enhance his estimated retirement benefits over those of mere mortal "Local Goverment Employees." Jeepers, I sure would like to get my hands on the controlling documents, wouldn't you?

It's easy to see, however, why Mikey has unequivocally stated that he "must win on November 7."

It's also easy to see why it is a travesty unto itself that a Special Prosecutor has not been appointed to replace him in the, um, further "handling" of the Duke Hoax, isn't it kids?

Then again, he's only looking out for the best interests of his son.

Update: FWIW, according to "old whippersnapper" over at Free Republic,

Nifong's a member of a very nice pension system. When he was appointed DA Nifong certainly would have received a significant increase in the salary he had been receiving as an ADA. And that salary is what his pension system will use to calculate his pension.

Not only is his salary higher, but as a DA his pension will be based upon 3.02% of his final salary for each year of service instead of the 1.85% for each year that he "earned" as an ADA. So the difference between the pension he'll get if he continues to be DA and what he'd receive if he had to go back to being an ADA is VERY significant. The desire to protect the difference (i.e., higher current salary and ultimately higher pension) is apparently enough to corrupt Nifong and drive him to lie, attempt to destroy other folks' lives/careers, attempt to have "evidence" manufactured. In other words, enough for him to sell his integrity (assuming he had any to begin with) and lose his soul. He apparently doesn't value his integrity and reputation very much.