Stuart Taylor Jr., the liberal but brilliant legal reporter
for the National Journal, described The New York Times' coverage
of the Duke lacrosse rape case as "(w)orse, perhaps, than the
other recent Times embarrassments." For a newspaper that carries
Maureen Dowd's column, that's saying something.
As the Times' most loyal reader, this came as welcome news. I
had briefly suspected the Times was engaging in fair reporting of
the alleged rape case at Duke University. Taylor's article
documenting the Times' massive misrepresentations restored order
and coherence to my world.
The first part of the story -- the lie part -- was angrily
reported in the Times. But as the accuser's story began to
unravel, the Times gave only a selective account of the facts,
using its famed lie-by-omission technique.
Among the many gigantic omissions from the Times'
pretend-balanced article ("Files From Duke Rape Case Give Details
but No Answers") is the fact that the only remaining particulars
about the case that are not completely exculpatory come from a
memo by Sgt. Mark Gottlieb -- written four months after the
alleged incident.
Gottlieb, the lead investigator on the alleged rape case, took
no contemporaneous notes when he interviewed the accuser, but
rather waited for the facts to come in -- and his case to be
falling apart -- to write a memo recalling her statements during
that initial investigation. The statements he recalled were
surprisingly favorable to the prosecution!
The only problem with his memo, besides being preposterous on
its face, is that it is contradicted by the contemporaneous notes
taken by other people involved in the investigation. Indeed, the
only thing Gottlieb's memo was consistent with were the facts as
the prosecution was then alleging them.
Of course, it was hard to keep straight what facts the
prosecution was alleging. The accuser made up so many stories
about the incident that the Times was forced to offer her Jayson
Blair's old position.
The Times "No Answers" article gave no indication that
Gottlieb's memo was written four months after the alleged rape,
but rather refers to it as the policeman's "case notes," falsely
suggesting the notes were taken during the investigation and not
after the frame-up.
Beginning with the strongest invented evidence from Gottlieb's
"case notes," the Times reported that the nurse who examined the
alleged rape victim told Gottlieb that the "blunt force trauma"
seen in the examination "was consistent with the sexual assault
that was alleged by the victim."
Or at least that's what Gottlieb wrote four months after
talking to the nurse. It's not what the nurse wrote the night she
examined the accuser. To the contrary, the only sign of physical
trauma the nurse noted in her written report immediately after
examining the accuser were some superficial scratches on the
woman's knee and heel.
Indeed, in all 24 pages of the report prepared by doctors and
nurses who examined the accuser the night of the alleged rape,
there is no mention of any "blunt force trauma" or any injuries
other than the scratches.
Also contradicting Gottlieb's hindsight memo were the notes
taken by another policeman during their interview with the
accuser -- not four months later -- saying she described her
assailants as "chubby," with a "chubby face" and weighing
"260-270" pounds.
That description fit none of the eventual defendants -- whom
she repeatedly failed to pick out of photo lineups until Gottlieb
finally gave up and presented her with a photo lineup of only
Duke lacrosse players, to ensure that she couldn't guess
wrong. Continued... |