www.cnn.com/2007/LAW/04/11/cooper.transcript/index.html
Most Popular NC attorney general: Duke players 'innocent' Adjust font size: Decrease font Decrease font Enlarge font Enlarge font RALEIGH, North Carolina (CNN) -- North Carolina's Attorney General Roy Cooper announced Tuesday that the three former Duke University lacrosse players who faced sexual assault charges are "innocent" and the charges are being dropped. Below is a transcript of his announcement and answers to questions at the new conference: ROY COOPER: On January the 13th of this year, I accepted the request of the Durham County district attorney to take over three Durham cases. At the time I promised a fresh and thorough review of the facts and a decision on the best way to proceed. I also said that we would have our eyes wide open to the evidence, but that we would have blinders on to all other distractions.
Video ) During the past 12 weeks, our lawyers and investigators have reviewed the remaining allegations of sexual assault and kidnapping that resulted from a party on March 13, 2006, in Durham, North Carolina. We carefully reviewed the evidence, collected by the Durham County prosecutor's office and the Durham Police Department. We've also conducted our own interviews and evidence gathering. Our attorneys and SBI agents have interviewed numerous people who were at the party, DNA and other experts, the Durham County district attorney, Durham police officers, defense attorneys, and the accusing witness on several occasions. We have reviewed statements given over the year, photographs, records, and other evidence. The result of our review and investigation shows clearly that there is insufficient evidence to proceed on any of the charges. Today we are filing notices of dismissal for all charges against Reade Seligmann, Collin Finnerty, and David Evans. The result is that these cases are over, and no more criminal proceedings will occur. We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations. Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges. Now, we approached this case with the understanding that rape and sexual assault victims often have some inconsistencies in their account of a traumatic event. However, in this case, the inconsistencies were so significant and so contrary to the evidence that we have no credible evidence that an attack occurred in that house on that night. Now, the prosecuting witness in this case responded to our questions and offered information. However, the contradictions in her many versions of what occurred and the conflicts between what she said occurred and other evidence like photographs and phone records, could not be rectified. Our investigation shows that the eyewitness identification procedures were faulty and unreliable. Next week we'll be providing a written summary of the important factual findings and some of the specific contradictions that have led us to the conclusion that no attack occurred. Now, in this case, with the weight of the state behind him, the Durham district attorney pushed forward unchecked. There were many points in this case where caution would have served justice better than bravado, and in the rush to condemn a community and a state, lost the ability to see clearly. Regardless of the reasons that this case was pushed forward, the result was wrong. Today we need to learn from this and keep it from happening again to anybody. Now, we have good district attorneys in North Carolina who are both tough and fair, and we need these forceful, independent prosecutors to put criminals away and protect the public, but we also need checks and balances to protect the innocent. This case shows the enormous consequences of over-reaching by a prosecutor. What has been learned here is that the internal checks on a criminal charge -- sworn statements, reasonable grounds, proper suspect photo lineups, accurate and fair discovery -- all are critically important. Therefore, I propose a law that the North Carolina Supreme Court have the authority to remove a case from a prosecutor in limited circumstances. This would give the courts a new tool to deal with a prosecutor who needs to step away from a case where justice demands. I want to thank everyone in the North Carolina Department of Justice. I want to thank the investigators, our SBI agents, and especially attorneys Jim Coman and Mary Winstead for their hard work in this matter. Next week we will be distributing a fact summary sheet, and you will have that then, but I'll go ahead and take some of your questions now. QUESTION: Considering what you just said about the DA and about the accuser, what would you say to the three men who were charged? COOPER: Well, I'm telling them what I tell everyone in North Carolina. And it is important to note that the Durham County district attorney is now facing ethics charges with the North Carolina Bar Association. Q: Mr Cooper, do you feel like -- do you feel the need to apologize in any way, I mean, in terms of what happened here? COOPER: Well, you know, I think a lot of people owe a lot of apologies to other people. Q: What do you think District Attorney Mike Nifong is thinking, now that you've reviewed all this -- all the evidence, done these interviews? What -- how do you think he came to the conclusion he came to? COOPER: Well, I'm concerned, although our investigation did not concentrate on this, but I saw the statements and now we've done the investigation. I'm concerned that statements were made publicly about things that turned out not to be true. And right now I think it's appropriate that the North Carolina Bar Association is looking at these ethics charges. Q: How damaging do you think it will be to the perception... How concerned are you that it will have a negative impact to the justice system? Any state in the country, including the federal government, can have a rogue prosecutor who goes on out on his own and does thing continues. Here in North Carolina we have solved the problem, we've corrected the problem. But I propose today a way that I think it can be done more quickly, and I think that that's important. Q: To follow up just briefly, I just was wanting to know. They had -- were able to retain counsel, no doubt at a high cost. What about the people who are in these north county jails or state prisons who cannot afford counsel, who may be innocent of charges? COOPER: I think there are a lot of broader issues that we have to look at. What we were concentrating on are the facts in this case, and we rendered a decision based on those facts. And is there any truth to the fact that you went to see a doctor yesterday? COOPER: Well, what happened yesterday is I was out running and got a little bit dehydrated. I wanted to run to this press conference, but my staff wouldn't let me. Did Mike Nifong ever interview (the victim) before charges were brought? COOPER: Well, in answer to your second question, she's told many stories. Some things are consistent within those stories, but there were many stories that were told. We're going to release a lot of the specific information next week. I don't want to say for sure whether Mr Nifong talked with her before charges were brought. I know he talked with her at some point, but I don't know the answer to that question. Q: Would you recommend to the council of the state that the state of North Carolina defend his liberties as he defends himself? COOPER: You know, I am not going to speculate or comment on any particular civil litigation that might occur at this point. Q: No, no, you do have authority to recommend to the counsel of the state whether or not the state picks up his legal fees. COOPER: Well, we'll deal with that issue when it comes -- comes about. COOPER: Jim Coman and Mary Winstead have talked with Mr Nifong about this, and I don't know what the results of their conversation were, but they were going to call him and tell him about our decision today. Our investigators who talked with her and the attorneys who talked with her over a period of time...
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