Update on the Un-Indicted Duke LAXer’s attempted money-grab

I spent the better part of last evening skimming the 223 page March 31, 2011 ruling issued by U.S. District Judge James A. Beaty on the complaint filed by the three un-indicted “Duke Lacrosse Defendant wannabe’s” Ryan McFadyen, Matthew Wilson, and Breck Archer. Three civil case plaintiffs who want to parlay their evening of bacchanal barbarianism at a beer-guzzling, stripper ogling, under-aged drinking party in March 2006 into a big pay day… and I’m not referring to the peanutty candy bar.

These three lads were never charged with a crime related to that evening of debauchery and criminality, and they were not arrested. Ryan McFadyen, in fact, invited closer scrutiny by his hateful and threatening e-mail about the night’s entertainers, though when exposed, he stated that it was just a harmless joke. In the atmosphere of events that night, talking about skinning strippers alive is cruelty at its worst and insensitivity on a grand scale at best. However, such an action as McFadyen’s befits the well-earned reputation that the Duke Lacrosse players had cultivated over the years.

The lawsuit by the three Un-Indicteds listed 29 defendants (I don’t believe any janitors at Duke were included), and claimed 41 counts of deprivation of their civil rights. What a joke. Plaintiffs had the gall to claim that they suffered emotional distress on many of the counts, which Judge Beaty wisely dismissed. The claims were so ludicrous that even the plaintiffs themselves could not support them in writing. I, however, believe that the Un-Indicted Threesome did suffer severe emotional distress… only not at the hands of the defendants. When they learned that the three Duke Lacrosse defendants settled out of court with Duke University for $20 million each, they were extremely distressed. And since Duke was in the gifting mood, they wanted some of that charity.

Greed by the Un-Indicted and their avaricious attorneys are what has fueled this ambitious, though ridiculous, legal storm surrounding the Duke Lacrosse case, and it was undoubtedly brought about by Duke University’s excessive largess in settling with the three original Duke Lacrosse defendants without a fight. Well, Duke is now willing to put up a vigorous defense, but it is too little and too late, as the wolves are loose and in search of their pecuniary prey, which has spread to encompass the deep pockets of the cash-strapped city of Durham and any individual with even the remotest and most benign contact with the case.

Although the judge complained about the plaintiff’s submissions being long on wind, his ruling which comes close to requiring a half ream, surely could have been condensed. My ruling in the Un-Indicted’s case would have taken no more than three pages total, considering that the first two pages list all of the defendants and the counts. No doubt I would have tossed out all of the Un’s charges.

In most circumstances, the setting of precedence is taken into consideration, but as has been show to be clear with all of its singular rulings and the total disregard for the rule of law, what happens in the Duke Lacrosse case stays with the Duke Lacrosse case. It gets special treatment by the state of North Carolina, the biased media, and the misguided public. So, it is safe to say that defendants such as Gregory Flynt Taylor, James Arthur Johnson, Floyd Brown, Levon “Bo” Jones, Alan Gell, and Erick Daniels will never be afforded the wide breadth of opportunity to pursue recompense in the civil courts for losses incurred when wrongfully charged, convicted and incarcerated. If that was the case defense attorneys like David Rudolf, Joseph B. Cheshire V., James Cooney, and Wade Smith would have already filed civil suits against prosecutors, investigators, and labs for these victims of Tar Heel injustice. Joe Cheshire won’t be filing a civil suit on behalf of his client Gregory Taylor against Prosecutor Tom Ford. It ain’t gonna happen. In fact, Cheshire has not one disparaging word to say about Ford, who used perjured testimony from felons in exchange for leniency and hocus-pocus forensics to win a murder conviction against Taylor and a life sentence. Cheshire even considers Ford to be an estimable courtroom opponent.

What did not come as a surprise when going over the ruling is that as many counts as humanly possible that were lodged by the Un-Indicteds against former Durham District Attorney Mike Nifong were kept intact. As has been long demonstrated, Mr. Nifong is the sole designated lightning rod for all of the state’s justice system ills. He has been in a biblical sense sacrificed to atone for sins of his fellow prosecutors… not unlike another man from Nazareth. Discount fairness, ethics, and the rule of law when dealing with Nifong. This biased media, wealth-idolizing, capitalistic society encourages keeping the heel on the necks of the downtrodden and heeping praise, privilege, and riches on the well-heeled.

I dread reading the opinions with regards to the complaints by the original Duke Lacrosse defendant threesome as they seek to enhance the $20 mil gifted to them by Duke resulting from a shakedown of the institution by their high-profile attorneys. Think I’ll take a break for a couple of days before slogging through that morass of legalese mumbo-jumbo. Although I venture to say that I am sure to be disappointed by what I find, at least I believe that it will be more palatable than the civil complaint filed by McFadyen, Wilson, and Archer. Keep in mind that these Un-Indicted gold diggers were never even charged with a crime.  <>

Below is a link to Part 14 of Episode V of “The MisAdventures of Super-Duper Cooper.” Be sure to check out the commentary which follows by clicking the upper left blue button. At the end of the commentary is a link for feedback. Enjoy.

LINK: http://justice4nifong.com/direc/sdcDirec/sdcEpv/sdc175.htm