Guilty Until Proven Innocent?

By

Published July 07, 2006

| FoxNews.com

From the Duke lacrosse case to the mystery of missing groom, George Smith, "Lineup" viewers are passionate about the news!

E-mail No. 1

Kimberly,
I am very distraught over Georgia's comments on your program last night with her stating that the accuser had been violently raped. The medical report DOES NOT indicate that at all, and the accuser has changed her story so many times and has made prior allegations of being raped by three men.
I believe that Georgia is not following the evidence in this case, and it appears that she is another Nifong in not doing so. I am amazed at how much power a DA has, and there doesn't seem to be any system of checks and balances on how this power is used. Yes, he can be recalled, but that is hardly adequate for dragging defendants with exculpatory evidence, which he would not talk with them about, through the mud.
If the accuser is not charged with filing a false report, will the defendants ever be free of her? What if she decides to file a civil suit? Will she ever go away?
By the way, if the accuser was so drugged and intoxicated and said the other stripper was in the bathroom with her when she was attacked, can't one reasonably assume she imagined the whole rape?
Mary Beth
Chesapeake, VA

ANSWER: Mary, thanks for your e-mail. You bring up some excellent points about the Duke lacrosse case. It is very true that the district attorney has tremendous power and regression in deciding when to charge and to proceed forward on a case. The lives of these three young men are at stake. As an officer at the court, the district attorney is supposed to represent the people of the state of North Carolina. With that being said, a judge has the power and ability to throw the charges out when the case comes before him. If the judge allows the case to proceed forward, then the fate of those involved will be in the hands of the jury.

The accuser in this case has suffered from mental illness it appears, but is still preceding forward and she has the option of filling a civil suit. In fact the accuser's cousin stated, that the accuser was offered a two million dollar pay out to settle the case. If this case proceeds to trial, basing on the information we have, it will be very difficult if not impossible to secure a conviction based on the lack of evidence and credibility problems of the accuser.

E-mail No. 2

Dear Kimberly,
I just want to say I watch you every night and you are great! This George Smith case has made me sick, I know we were not put here to judge but how can his wife take a settlement? To me that is sick, this woman does not need to worry about money and needs to worry more about what happened to her husband. And as far as his parents go they should have every right to know everything that is going on just like his wife does. My heart goes out to his family I have seen him on the videos ya'll have shown and he seemed like a very nice man any woman would have been lucky to have him. I hope for his parents and sister sake they get justice and find out what happened to him. I wish there was a way I could communicate with his parents and let them know I pray for them and my heart goes out to them. As for me I don't think I will be going on a Royal Cruise but please if you have contact to the Smith parents and sister let them know my heart goes out to them. And I hope Jennifer is happy with her money.
Brandi

ANSWER: Brandi, thanks for watching "The Lineup." I agree with you that the parents of George Smith deserve to know everything that goes on with the investigation. George appeared to be a wonderful man, son and brother who had a great life ahead of him. His family deserves justice for what happened to him.

It is true, Jennifer did receive a settlement in the case, but having spoken with the family, I know, answers and finding the truth are more important to them than money.

We can only hope that they will get the justice that they deserve.

— Kimberly

Watch Kimberly Guilfoyle on "The Lineup," weekends at 9 p.m. ET

URL

http://www.foxnews.com/story/2006/07/07/guilty-until-proven-innocent