Wendy Murphy
Thu, 12 Apr 2007|
Legal expert Wendy Murphy (and frequent Finneran's Forum co-host) still has reservations about the outcome of the Duke lacrosse case and talks about them with Tom.
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Automatically Generated Transcript (may not be 100% accurate)
That case in the early weeks and months has been completely. Completely thoroughly humiliated and professionally embarrassed in my opinion. Based upon the decision in this statement. He and the statement made by the Attorney General in North Carolina yesterday I'm told by the production team we do we have Wendy on the follow Wendy long time OC.
A couple of -- Pataki again.
Good to talk to you do what I have somebody feel for that nice little cause -- were so here associated with so he stopped by by the studio -- does carry in my checked around I think he was going to. Make a deposit in his own bank account. We'll take care of it hey Wendy you and I disagreed on his duke case use our under the statement I assume yesterday I listened to a very closely. I don't know that I've ever heard a more definitive statement by anybody in our -- but that said. Not only G. The the court the evidence is inconclusive vehicle would not going to prosecute they said the evidence did not exist these kids that innocent. Innocent.
I heard that you're actually -- I would a mutual potluck. Here to an awful lot of sentiment out there that that the Attorney General unlike the local prosecutor and all the police and all the investigators and the all the forensic experts is at the -- a political animal but it's with the political decision. And the result to pinpoint that I I'm waiting to see whether there might even be you -- out of the car. In the victim future itchy I don't quite concerned about the possibility of a payoff. And I can't say that there is one I will watch her very closely and I say something if she could opt and we know what she did we know where she and if she took a pay -- she should be prosecuted and I'm going to watcher carefully we know her name. And I'd bat and unacceptable that's obstruction of justice and she didn't take a pay -- If there really is no evidence that you should be prosecuted for perjury.
You know wet -- I got to give give I have to give you points for consistency because you said the same thing on the weeks ago when you mentioned the Kobe Bryant outcome which you found. Insulting and offensive as a woman and as an attorney and I don't disagree with you and you know the same rules should apply here if in fact pot of this. Outcome that was announced yesterday is driven by money some type of pavement to this woman -- that that then we have grounds for an additional level. A vote rich but I can't help but be struck by the fact. -- he is today without any evidence of such a payment it appears today that this was a politically driven politically motivated. Prosecution a -- did what he did. -- is simply because he was in the midst of a reelection campaign now and want to appear tough on -- on on an issue that involved race and class.
Let me try and -- here here where we may agree. Politics as a way too much to do with the criminal justice system and that's the Eric let you know it's not should be -- But politics and it's -- ever been capitalist and it. So I think that the initial petition to prop it was political I think the petition to. That's the case at this quite what split and let me go further attack. True every different opinions from the attorney. One from the the director to trying -- and all the op -- it would appear -- opposite charges. You can choose to believe the Attorney General medical attention and that's correct I'm going to choose to believe that Mike and I are all the cops. And all the lawyers and everyone it would involved in the decision to bring your original charges is correct and none of them had backed down from their decisions so. Yet to be political in the decision to withdraw the case I'd I'd do not agree that it was political to bring the charges. We have to prosecutors. What every divergent view about whether it's with a -- case or not you can choose to believe the Attorney General I choose to believe the prop it -- the beginning that you haven't changed one --
The -- do what the you know like I noticed nightclub hasn't changed but of course he had changed -- because it he does he'll jeopardize his own personal and professional credentials and his personal and professional. You -- well let let me Wendy let me make a point after that -- but the point that you just made so that the Attorney General went on the year the Attorney General of North Carolina went on the you know this case has had national and international scrutiny. So he knows he is going to be under a microscope not just from you would be about from thousands of other people who read to rest the fascinated by this whole case. In 2 O'Clock a 2 studios today eastern standard time he goes on the -- does a relatively short statement but incredible in terms of its condemnation. A night -- behavior in this rush to judgment with no evidence of how that's been done to these kids to manipulate. In in. More than it's not quite 24 hours but certainly -- substantial amount of time -- scrutinized the two Boston newspapers -- watched all the newspaper reports on -- one police officer that nobody else associated with the DA's office none of the forensic investigators have come full and then have every reason to do so if they think this was a political bag job. None of them have come forward and said hey this is a political bag job.
Disagree you look at look at and I agree with you about one. At this point one political animal has said that work there have been no attractive and hire other group of people not just -- a group of people. Has had all the private that there was sufficient evidence that it's -- rock solid case and none of them had back and not not not that opened here where you and I agree. I want to join with me and calling for eight full disclosure of all the evidence in this case that my competition -- be told by any pertinent. Subject to political influence what this case theater isn't in terms of being a strong case that we can't Arctic. But the thought. I want you records myself and if it's true as I understand it could be. It's true that the defendants Brett provided eyewitness testimony and collaborated and version of that. That is to relocate it should have been prosecuted by the that it into the -- not and that's what kept obstruction of justice and witness statement yet. I want you won't bring may that there was a bad job.
If sits witness statements exist a windy at the Santa would get a DEA -- mr. nice -- who has very consciously withheld exculpatory evidence you and I are good about this the last time here on.
Yates thought it went -- aren't great -- let's -- our question where you want Gallagher asked what I object out but exculpatory evidence proper orbit it was bought. If you didn't hide the evidence -- going up front of the North Carolina sports. -- about it I judges not I I cricket but you can patent suit into late I've read all the leading. I think I'd say about what the claims of alleged. It that he struck -- provide a clearer explanation of the DNA but nobody disputes just expected available on line. No dispute he was provided that all of the result the only beat the -- pat what that he didn't provide a clear and that summary of what the results that. That's not a violation of anything you read the documents feel comfortable and conclude that -- out. It is an ethical violation of the North Carolina a lot for any prosecutor to bring charges. Were there is insufficient evident and that -- that the art which originated originated the ethics violations and back -- never even night spot. Of that particular -- all out charge that. Aren't significant dip into that inculcate that -- into it -- would need an actual. I'm violating ethical --
Amid the may be an amendment to the professional complaint that's been brought against -- appreciate -- David let's go to let's go to John -- stay with us -- three more minutes before you -- get on that -- John -- on -- for a.
What we just one quick question how can a District Attorney look at the evidence and look at the fact that this woman has brought sweet chargers in our. And not look at her and say that she might not be a credible -- in the past that we're all drop including a -- buyer --
No no -- Let let's let's be clear about their number one. She did not bring chart it's cheap -- the police about. Eight an event that happened didn't -- treatment she didn't want to press charges that's different than people dropping the charges. In and it's certainly to prevent police determining that she let incredible couple of decades that the typically made public statement saying. They did not its credit -- it was virtually not to press charges but let. I think she didn't have any credibility problems don't get did not I don't care she was the most incredible -- and no you know big fat liar on the planet it's the defendant's friends. Providing direct eyewitness testimony shoot police during the investigation basically saying that everything she and -- I don't care which beat the devil incarnate that's a slam dunk case.
But it is an inconsistency Wendy is there an inconsistency in that already went she says all of the security in a lot locked bathroom she was prohibited from leaving. Eat each one of the three accused young man. Where -- locked bathroom -- so how how -- the -- corroborating evidence of her out of this from somebody -- over in the living room at the -- pour -- from the -- in the locked -- how can -- confirm her count -- out -- contradictory on its -- bathroom I can't get out but then I -- there -- seven other guys -- look for what -- said.
The delegates it was not she within a lot after they allegation like that her body was part way into the accurate and -- like -- act it I understand it partly out of the door happened in the doorway that's the way it's been described and the like 3040 got. There it would be here not a a single one of them are what happened and it would be incredibly unusual but not one of them thought it would be appropriate to tell truth to the police. That's -- based on common sense but well it's reasonable to expect that witness statement that yes. And that if if one of them is a friend of the defendants say what the victims that was true and her credibility is irrelevant attractive kid should be prosecuted whether she took the effort not to without. Eyewitnesses to -- cute --
Sure hey I and I understand that and that's why you know in in the end. The such definitive statements that came from the Attorney General yesterday there was no nuance about this whatsoever but I I really -- I -- doesn't mean -- but it wasn't political -- he'd be the you know don't know -- know what the real motives -- yesterday's announcement by the -- But -- the reality Wendy you know that people got a job although I know that people are going to examine. This decision to see what the basis is. Of the attorney general's decision and he knows it to -- a political animal he's attuned to that and he made a ball deep most specific. Explicit definitive statement I have ever heard it was.
You can't even an explicit statement that they were in -- that need to chart it's -- it's sustainable. -- everybody involved in the original investigation made the exact opposite point and they were deeply committed and just its arms in the air a commitment to the integrity of the case so I'm asking you know. -- equity in demanding it all the clutter the evidence that the public doesn't know the other. -- can't remember which held -- public consumption over a thousand pages. -- investigative material I want to feed those pages before I decide whether that the Attorney General it's something that Harriet for political reasons. At the DNA -- that idiot who conspired with a bunch of idiots to bring charges that were -- going to wait to see the evidence before -- make that decision.
And -- understand different response to your request I will say this that your husband and my wife will actually appreciate the fact that I will hesitate before taking -- and walking down that aisle with GO we're both quite well both wait to see what happens over the next several days it's clear the inquiry is not going to go away but it's also clear that the AG. What do statement he made Wendy you've been in our report for along time as a prosecutor as a defense counsel. I've been around that block myself to and hey I just never -- statement like that I think I don't and I funds in trouble.
Well you watch. The Attorney General at his political start that's. Flights and get lots of donations from influential people I think obvious that -- drama and it prints about whether it's -- politically motivated
wedding they have a good safe flight thanks for joining us I appreciate it we don't I get ready all the best. So this is this is a continuation of the case the discussion that we have in terms of race. In alike would been talking about Imus we've been talking about the double standards that exist that duke case just emphasizes the whole contentious nature an aspect of race in allies here in the United States of America and you know what. For all of that controversy for all of that contention is still the country that gets it better than any other country -- killing each other and other parts of the world black on black violence Shiite Sunni and the like. Now we got a lot to worry about here in the United States got a lot to celebrate will continue to talk about I miss duke in all all those other riches when we come back after sharp break conference for a may have 680 WR KO

