An Open Letter to the Duke Lacrosse Families
by
William L. Anderson
by William L. Anderson
DIGG THIS
In writing
to all of the Duke lacrosse families – both those families whose
sons were wrongfully indicted and those whose sons were not – I
come with very mixed emotions. First, and most important, Michael
B. Nifong beginning tomorrow will be on trial to see if he is permitted
to continue the practice of law in North Carolina. (One can argue
about whether or not Nifong ever practiced that thing called
law, but for now we will acknowledge he does hold a law license.)
Second, a number
of you soon will be filing lawsuits against the various organizations
and individuals who conspired to destroy your lives and the lives
of your sons last year. Given where we were a year ago, few people
could have imagined that this moment even could exist. For that,
all of us can rejoice, or at least those of us who always knew that
there had been no rape, no kidnapping, and no sexual assault. None.
Thus, as I
write you, I do so as one who has been your supporter for the past
year, and there was a time when you had few supporters. Nifong seemed
to hold all of the cards, the judges at first seemed to be little
more than an arm of the prosecution, and the press – oh, the press
– was downright hostile. A year ago, you were the parents of a gang
of rapists and thugs. Today, we know who the real thugs are.
Before I go
farther, I first must say that it has been an honor to have communicated
with so many of you, and a privilege to have met many of you in
person at Duke lacrosse games. You were the classy people I had
envisioned when I received your emails or spoke to you on the telephone,
and after having met you, that opinion did not change a bit. And
I was with you when University of Maryland fans paraded "No
means No!" signs around the field, and Maryland fans and fans
from Johns Hopkins University chanted that obnoxious slogan over
and over again. You just had to take it, and you did, demonstrating
more dignity and class than what apparently exists in the "elite"
universities today.
I also know
something of what you and your sons experienced, especially in that
very dark month after the charges first surfaced in the press. There
were the "Castrate!" signs, the wanted posters, the emails,
the threats, the insults from professors, and the Duke administration
giving you the back of its hand. There was the New York Times
in all its authority declaring your sons to be guilty, and Duke
Professor William Chafe comparing your sons to the murderers of
Emmett Till.
It was so bad
that many of your boys, after Duke cancelled the lacrosse team’s
season, could not go onto campus in fear of their own safety, and
some of them even lived in their cars. Duke University broke contract
with you – but still demanded your tuition and fees in return. Your
sons were falsely accused; they knew they were falsely accused,
but few at Duke, save the heroic women’s lacrosse coach Kerstin
Kimel and her players, would support you. It was that sense of being
all alone, or to paraphrase the former lacrosse coach Mike Pressler,
there were 50 people who knew the truth, and 50 million who thought
they knew it – or really did not want to know the truth if it got
in the way of a good story.
Thus, even
to be at this moment in which Nifong is in the dock and other individuals
are getting ready to cower behind their lawyers and deny any wrongdoing,
is a triumph of right over wrong. Yet, even in this moment, you
will have to remember that you never will receive the justice you
and your sons are owed.
Yes, many of
you will receive large sums of money, and there will be some (but
not enough) apologies, but that still will not change the fact of
what the State of North Carolina, the City of Durham, the Durham
Police Department, Duke University, and Duke University Medical
Center did to you. It will not change the fact of what the New
York Times, Washington Post, Newsweek, Time, the Durham Herald-Sun,
and the Raleigh News & Observer did to you and your families.
It will not change what Nancy Grace did to you from her CNN perch,
and it does not change what a thousand bloggers wrote, or Wendy
Murphy’s hateful and dishonest statements.
You simply
will have to live with that fact, as hard as it is. Many people
committed real crimes against your sons, including Nifong, a number
of police officers, the "rape nurse" at DUMC, and others.
I do not mean bad acts; I mean crimes for which there should
be prison terms, and lengthy ones at that. At the present time,
no authoritative body from the State of North Carolina or the U.S.
Attorney’s office in Greensboro has shown even a passing interest
in investigating and prosecuting these harmful violations of the
law – and violations of outright human decency. That alone is an
injustice, but apparently it is an injustice with which you must
live.
Unfortunately,
you lost something else that was dear to you, and that was your
relationship with Duke University. Duke was special to you in a
way that most college graduates simply do not understand, especially
those that were graduated from large state-run institutions, as
was my case.
Almost all
of you were financial contributors, and others served the university
in fund-raising or other capacities. Most of all, you were loyal
to Duke, not just loyal to the basketball and lacrosse teams. Duke
University was in your blood; it was your university, the
place where many of you met your spouses, and the place where you
most felt at home.
Your memories
of Duke were not just about parties and sororities and fraternities
and sports events, but something much deeper, something that one
cannot easily explain. You did not change, but, unfortunately, Duke
did.
Because Duke
is seen as an elite university – and, indeed, it truly is – it has
followed the very regrettable path that many other elite American
universities have gone – the way of postmodern thinking. I remember
when Stanley Fish came to Duke in the mid-1980s, and how he changed
the English department. Before Fish, it was a place where good literature
was prized, and where things like Eternal Truths that were manifest
in literature mattered. Shakespeare and Faulkner and Dostoevsky
and others were studied because their works unveiled the conflicting
patterns and currents of life.
After Fish,
the academic emphasis was dominated by postmodernism. It emphasized
feminism. It emphasized racism, or how all whites were hopelessly
racist. It was based on sexual identities and orientation. Literature
was "deconstructed" and now students were told of the
latent racism and sexism and homophobia and the like which supposedly
permeated the "great books." Students read the works of
Zane Grey as literature, and professors concentrated their publications
toward the cacophonous postmodern journals. Other departments and
areas of "study" were added, including women’s studies,
and the various ethnic and racial identity "studies" that
were now in vogue in academe.
You took that
in stride. Yes, some of the professors tended to harangue their
students – and especially those White Male Lacrosse Players Who
Were The Bastions Of White Privilege – but everyone put up with
it, since Duke was more than its radical faculty. They were like
the crazy aunt in the closet as opposed to the one-ton beast sitting
in the corner; or, at least that is what you thought was
the case.
Then came the
rape charges. Suddenly, you found that the most radical faculty
members – the people who despised your sons (whom Prof. Wahneema
Lubiano called the "perfect" suspects) and were overjoyed
to think they could be charged with gang-raping a black female (whom
Lubiano called the "perfect victim") – became the Real
Voice of Duke University. To this day, Duke President Richard Brodhead
has not uttered one word against these faculty members who openly
trashed your sons and encouraged a horrible rush to judgment.
These faculty
members were not just the one-ton beast in the living room; they
were the one-ton beast that devoured what was good and decent about
Duke. Here was their moment, and they immediately ran to the barricades,
and the leadership of the university went with them. Furthermore,
a black student, Chauncey
Nartey, sent two threatening emails to Coach Pressler (before
Pressler was forced to resign) and for that he was rewarded
by being placed on prestigious campus committees and Brodhead himself
championed this "student" as being a "star"
at Duke. Oh, yes, when advised of the threatening emails, the Duke
administration told Nartey not to do it again and suggested he send
a letter of apology. Compare the treatment given Nartey with that
of Ryan
McFadyen, who threatened no one and who still has to endure
repercussions for his sophomoric email.
You knew these
things. You knew what Nartey did and how Duke handled it, and then
it hit you; the leadership at Duke had written you off. They did
not care what you thought of how they handled the situation, for
you were less than dirt to them. They really did not care what happened
to your sons that terrible month of April, 2006. Nor did they care
when the legal bills started piling up. In fact, they decided that
your sons had caused the whole thing, and Vice President John
Burness made it a point in his off-the-record comments to reporters
to say the lacrosse players were very bad kids, a bunch of bad actors.
They hired
strippers! Never mind that the team quickly apologized and that
Duke’s vaunted basketball team just two weeks before had a party
for which the team members hired strippers. For that matter, two
years ago, feminists at Bucknell University, in "celebrating
sex workers," brought male and female strippers to campus for
them to show their wares – and other things. There were no objections
from anywhere in academe.
There were
racial slurs! Actually, according to Jason Bissey, the next
door neighbor, the only thing that came close to a "racial
slur" came after one of the strippers, Kim called one of the
players a "limp-d*** white boy," and he answered with,
"Tell your grandfather thank you for my nice cotton shirt,"
which is a line from an act by Chris Rock, who is a black
entertainer. Your sons did not "bark
racial slurs" at the "dancers" while they performed,
which is what the N&O told its readers in its March 25, 2006,
article, an account that became increasingly magnified, as journalists
raced to the bottom.
There never
was any evidence that somehow your sons were the next thing to a
secret Ku Klux Klan Klavern on campus, despite what Prof.
Grant Farred wrote in the Herald-Sun about the "secret
racism" of the lacrosse team. In fact, the evidence was quite
to the contrary, but no one at Duke wanted to hear that. After all,
the original story worked just fine with them, as it gave them the
ammunition they needed to claim that Duke was being overrun by sexists
and racists and rapists and that the university needed to cleanse
itself of this evil.
You had to
endure lies and half-truths for more than a year, and they still
are being told. No matter the contrary evidence that is trotted
out, people have made up their minds and in their own self-righteousness,
including one of the deans at Duke, Sally
Deutsch, who still maintains that your sons are rapists.
The problem
is not just that this mentality rules Duke University, despite the
fact that there are many faculty members there who do not subscribe
to this nonsense, including many who contacted me to support what
I was doing. However, many of them were silent not out of cowardice,
but rather because they knew they would be targets for retaliation.
For example,
when 17 members of the economics
department penned a letter last January calling for Nifong to
be investigated, and condemned Duke’s rush to judgment, it did not
take long for the signers to start receiving nasty emails from the
campus radicals. Given that their dean is Deutsch, I would not be
surprised of some of those who signed the letter affirming their
students are denied raises and promotions in the future. Radical
academics have ways of making their "enemies" pay, and
pay dearly.
The real problem
is that this "postmodernism," better known as Political
Correctness, has seeped into the law itself, and the first thing
that is destroyed is due process. Indeed, from the first order by
Judge Ronald Stephens that all white members of Duke’s lacrosse
team be forced to give up DNA samples, to the bogus ID "lineup"
on April 4, 2006, to Nifong’s hiding of the exculpatory evidence,
your boys were denied due process at every turn.
Furthermore,
the denial of due process was wildly popular among Duke faculty
members and much of Durham’s population. The "rape crisis"
industry went into high gear across the country, demanding arrests
even though there was no evidence, and no one in authority seemed
to care. They just wanted arrests and convictions without having
to bother proving their case. After all, your sons were white and
supposedly "privileged;" thus, what more proof was needed
that they committed a gang rape?
I wish that
this were simply a legal lesson in which everyone "learned" something,
and then nothing like it would happen again. Unfortunately, the
reason your sons were targeted had nothing to do with the law or
evidence; the law was nothing more than a weapon used by very cynical
people to accomplish goals that benefited themselves. Evidence was
something to be fabricated on the spot in order to place a fig leaf
on the entire sordid process.
No, American
higher education and American law have undergone sea changes since
the Cultural Revolution of the 1960s. That decade did not just produce
the Beatles and free sex; no, it was a time when radicals overturned
what was left of a classical liberal order that had under-girded
law for centuries in Great Britain and here. You saw this "new
legal order" in all its evil this past year, but just because
it was exposed once does not mean someone else will not try to promote
a cause worthy enough to dispense with due process and other foundations
of what was once called law.
As for higher
education, you have seen the future and it is Wahneema Lubiano,
Houston Baker, Karla F.C. Holloway, Sally Deutsch, and Grant Farred.
It is a world in which knowledge does not matter, and there is no
truth except that "truth" that comes at the barrel of
a gun. As I said before, the alleged gatekeepers of our civilization
have become the barbarians at the gate, and you saw firsthand the
destruction the Goths and Visigoths can do when they control the
keys to the process of formal education.
I wish I had
better news for you on that front. There still is a strong remnant
of real academics left in higher education – and at Duke – and many
of them are determined to stand against the barbarian hordes. They
will hold out for a long time, although we can see which way the
tide is running.
As for Nifong,
you might pity him as he sits sullen and arrogant in the dock, but
never feel sorry for him. Nifong, as Don Yaeger in It’s
Not About the Truth pointed out, is a bully, someone who
throughout his career has reveled in making other people miserable.
He enjoyed putting you and your families through hell. He
enjoyed the fact that you spent Easter weekend of 2006 in
misery, waiting to see who Crystal Gail Mangum had identified as
her imaginary rapists.
This was great
fun for him – while it lasted. He was a television star, a former
nobody who suddenly could command a huge audience simply by showing
up and telling a few more lies, and there were plenty of people
eager to believe every word of every lie. But now he is disgraced,
the word "Nifonged" having become a modern verb to describe
the wrongful prosecution of an individual.
At some time,
people will call on you to "forgive" Michael Byron Nifong,
and that is your choice. Nifong, I can assure you, will give you
no grounds by which to seek forgiveness, so if you choose to do
so, it will be your own choice and a matter of your own heart. But
even if you do choose to forgive, Nifong owes a huge debt, and there
needs to be payment.
In reality,
however, there can be no repayment for what he and Durham and Duke
did to you and your families. It was vicious, it was dishonest,
and it was wrong. Most of the worst actors never will admit their
guilt, and you will have to live with that, too.
But
there is one thing that you can do. You can take the best revenge
of all: living well. While Nifong and his beloved pension and perhaps
the future of his freedom are tied up in court, you will be living
well and this sorry episode will be in your rearview mirror. That
will be the best thing of all.
June
11, 2007
William
L. Anderson, Ph.D. [send him
mail], teaches economics at Frostburg State University in Maryland,
and is an adjunct scholar of the Ludwig
von Mises Institute. He also is a consultant
with American Economic Services.
Copyright
© 2007 LewRockwell.com
William
Anderson Archives
|