Mike Paul's Blog - Duke’s Reputation Takes Another Pounding as Two Duke Blue Devils Are Indicted

Comments from Durham District Attorney Mike Nifong after defense attorneys and others ask the district attorney to drop the case against the Duke lacrosse players.

According to the Associated Press, Police took two Duke University lacrosse players into custody early Monday morning, a jail official said.

This comes less than a day after a grand jury charged two players in indictments that remain sealed, a defense attorney said, and more than a month after a stripper told police she was raped at a party thrown by Duke University's lacrosse team.

"This is a tragedy," attorney Robert Ekstrand said Monday after the indictments. "For the two young men, an ordeal lies ahead. ... They are both innocent."

Ekstrand, who represents dozens of players, did not say which players were indicted or what charges they faced.

It wasn't clear if the players turned themselves in Tuesday, or if authorities had planned to arrest them.

A 27-year-old black woman told police she was attacked March 13 by three white men in a bathroom at a party held by the lacrosse team.

The racially charged allegations have led to near daily protest rallies. The school canceled the highly ranked team's season and accepted the resignation of coach Mike Pressler after the release of a vulgar and graphic e-mail that was sent by a team member shortly after the alleged assault.

An attorney for Ryan McFadyen, the player who sent the e-mail, said his client was not among those indicted. Butch Williams, who represents team captain Dan Flannery, also said prosecutors told him that his client was not among those charged.

Defense attorneys have urged District Attorney Mike Nifong to drop the case, saying DNA tests failed to connect any of the 46 team members tested to the alleged victim.

Nifong has said 75 percent to 80 percent of rape prosecutions lack DNA evidence. According to court records, a medical examination of the woman found injuries consistent with rape.

Defense attorneys have said time-stamped photos taken the night of the party show that the alleged victim was injured and impaired before she arrived.

The charges come two weeks before Nifong, appointed to the job last year after nearly three decades as a lawyer in the district attorney's office, is up for election. On Monday, he repeatedly declined to comment on the case.

Also Monday, school officials said the lacrosse coach was warned last year that his players had too many violations of the campus judicial code and he needed to "get them in line."

Duke athletic director Joe Alleva said the university's executive vice president reviewed the lacrosse team's disciplinary record last year, then discussed his findings with Alleva.

"He said there were too many incidents, but there's not enough incidents to make a drastic change in the program at this point in time," Alleva told The Herald-Sun of Durham.

Alleva then met with Pressler, telling the coach that "his team was under the microscope, and he had to do everything he could to get them in line and to not have any more behavior problems," he said.

The review by Tallman Trask III, Duke's executive vice president, was spurred by reports of "boorish behavior" by the lacrosse team, Alleva said.

Sue Wasiolek, Duke's dean of students and assistant vice president for student affairs, said the review showed the lacrosse team had a "disproportionate" number of violations of the campus judicial code. None was particularly serious, but administrators were concerned about the cumulative record and the fact that some players had several violations, she said.

About half the team had campus records for alcohol violations, disruptive behavior, disorderly conduct and similar infractions, Wasiolek said. "There was a level of concern and frustration," she said. "We just didn't seem to be turning a corner in terms of making a difference."

Her office contacted Pressler several times before the formal review, and the coach "did not take our concerns lightly," Wasiolek said.

"He said he would look into these violations and he would take action where appropriate," she said. Pressler declined comment on the report of the review. Trask could not be reached for comment.

A few comments from the Reputation Doctor regarding the recent indictment of the two Duke Blue Devils:

Like everyone else, I hope the full and honest truth is uncovered in this case. The truth will bubble to the top eventually and it is best for the truth to come out sooner rather than later.

Remember this: in the court of public opinion, there is a new verdict/opinion each and every day and it can be very damaging to a reputation. In the court of law, it may take many months for a final verdict from the courts and it still fills many people with doubt after a final court decision. Just look at the O.J. case as an example.

The reputations of all in the Duke case currently have mud all over them and many reputations are already in crisis because all those involved have experts in one court, but no one, thus far, has true experts in the other.

The court of public opinion is where valuable reputations are built, maintained and repaired and attorneys are not the experts in that court.

Only seasoned crisis PR and reputation management counselors are experts in the court of public opinion, especially in high profile cases like this.

Remember, do the right thing when your reputation is in crisis and seek the counsel of an experienced reputation management expert. It will be a major challenge, but ultimately the rewards of repairing your reputation will be great. Why? Because Your Reputation Is Everything! ™

Mike Paul is editor of The Reputation Doctor blog. The Reputation Doctor is a nickname given to him by various clients. Mike's blog is located at www.ReputationDoctor.com. He appears regularly on Fox News Channel, CNN, MSNBC, Court TV, ABC News, ESPN, CBS News, BBC, and others as a weekly contributor and expert in the global news regarding leaders, celebrities, athletes, corporations and other organizations with reputations in crisis. Mr. Paul is also president and senior counselor of MGP & Associates PR (www.mgppr.com), a leading strategic public relations and reputation management firm based in New York. For interview requests, speeches, senior counseling or other business opportunities with Mr. Paul, call 212-595-8500 or email info@mgppr.com.

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Comments:

Comment from: Dan Miggio (LI) [Visitor]

I like your insight. Really made me think about their reputation and my own. Great advice.

Apr 20, 2006, 12:22 am

Comment from: Jill Foxworth (Duke) [Visitor]

I knew my reputation was important, but this is a whole new level for me. I guess your reputation really is everything! thanks.

Apr 20, 2006, 12:27 am

Comment from: John Flanigan (L.A.) [Visitor]

You are right. These guys are getting beat up in the press and their attorneys are saying more coming May 15th in court. Well, at this rate, their reputations will be gone by then! As a former lax player myself, someone needs to defend them now in the media and court of public opinion. They need to hire you. I like your blog. Keep it up.

Apr 20, 2006, 9:10 am

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