NC Lacrosse Owes a Debt to Jim Kirkley

I have a fond friendship with Jim Kirkley. We were occasional conversants when he was finishing his dissertation at Duke and I was just taking courses in the late 1980s. Then when I was entering the job market, thanks to Jim a job at Shaw University found me. Going on sixteen years later, as they say, the rest is history. During the time that we both taught undergraduates, I spoke with him most every day. Over the past few years, as our teaching paths do not cross so often, we try to catch up every now and then. And through the years I have learned to admire him as a teacher, a leader, a scholar, a minister, a father, and a coach.

When Jim started coaching lacrosse in North Carolina, there was not much of an organization. A few private schools were playing, and a few public schools in the Research Triangle were getting things going. I don't know the history that well, but I do know that he became the driving force in making lacrosse become a team sport in many cities and schools across the state.

An article in the Durham Herald-Sun recognized his achievements this week (the photo here was published with the article--Jim is the tall one on the right). He is retiring from coaching after seventeen years at Riverside High School in Durham. He has won state championships, helped students get athletic scholarships, and mentored other coaches, along with serving as commissioner of the NC High School Lacrosse Association. People like Jim help you know what it means to live a good life. I wish him the best in the new pursuits he will undertake.

The three former lacrosse players who were wrongly accused of rape have filed suit against a long list of law enforcement officials in Durham, NC, as well as against the City of Durham and a lab which played a role in the investigation of their case. Repeatedly saying that the suit is not about the money, punitive damages of $30 million are being sought.

That means that each of three lawyers intends to make at least $4 million dollars off the citizens of Durham, for a total of $12 million. It's a shame.

According to the Durham Herald-Sun, the lawyers wrote in superlatives when they claimed their case is "one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history." Hmmm . . .

Hundreds of lynchings from the late nineteenth century into the past decade have usually had the cooperation of law enforcement. The reporting of Ida B. Wells and others helped to reveal the collusion of the legal system with these festive gatherings for murder. The entire history of the enslavement of Africans included the cooperation of the legal system, with laws to enforce the subjugation. Laws would clearly be a kind of premeditated action.


In 1999 in the town of Tulia, Texas, an undercover cop organized a major "drug bust" based only on his testimony, in which 46 people were rounded up, including over 10% of all black residents of the town. By 2003, the discredited undercover cop was convicted of perjury, the Texas legislature had passed several laws to reform the system that had allowed this travesty, and all who had been convicted (and sentenced to as many as 431 years in prison) had been released. Judges and law enforcement officials had supported the prosecutions based on fabricated evidence.

As for scientific misconduct, the single word Tuskegee speaks volumes.

How many years did these young men spend in jail? How many of them were grabbed and beaten by a mob? How many died of their mistreatement?

What was done to them was wrong, but "one of the most chilling episodes" is way over the top.

According to the Durham Herald-Sun, in an article printed on June 14, 2007, Marsha Goodenow, an assistant district attorney in Mecklenberg County testified before the Disciplinary Hearing Commission of the North Carolina State Bar:

Marsha Goodenow, a senior assistant district attorney in Mecklenburg County, said she believed Nifong's conduct had created "a lack of confidence in the justice system, a perception that justice might depend on who your lawyer is, how much money you have and whether you're white or black."

Nifong handled it wrong. I'm glad he resigned. I am sorry for the young men that they had to endure public ridicule because of false charges. No one should have to go through that.

On the other hand, Goodenow's remarks stretch credibility. The lack of confidence in the judicial system did not start with this case. She is concerned about the "perception that justice might depend on who your lawyer is, how much money you have and whether you're white or black." Any careful analyst of the legal system in the state of North Carolina, in other states, and in the United States, would already know that these three factors have an enormous impact on justice.

Money can often trump justice. Lack of money leaves the accused poorly defended and unable to challenge the lack of evidence against them. Race has enormous impact on justice. Pay attention to jury selection processes. Notice the difference between court treatment of crimes against whites and crimes against blacks. Don't forget the terms "racial profiling" and "driving while black" which were coined to make note of differential law enforcement. Finally, who your lawyer is must make a difference or else people with money would not pay the exorbitant fees to get the lawyers with a record of winning.

Goodenow is worried about perceptions. I think we need to be more concerned about injustice structured into the legal system. Otherwise, all Goodenow is defending is a perception of justice which is a facade upheld by a system of power which continues to exclude the poor and minorities from justice.

The notorious Duke sexual assault case has been dismissed. I think it is accurate to say that the victim's account, the lack of evidence, and the missteps in the prosecutor's office really did not support a case. I am glad that when the evidence did not add up, young men accused of rape and sexual assault have been exhonorated.

However, I do not agree with one depiction of this case which I heard on the radio this afternoon. It said that the accused had "done nothing wrong." I will stand by the conviction that hiring and leering at a stripper is wrong, that participating in racist and sexist speech and carousing is wrong, that underage drinking is wrong, that promoting drunkenness is wrong, that writing an email which threatens to skin a woman alive is wrong, that disturbing a family neighborhood with despicable behavior is wrong, and that acting like none of these things matter is wrong.

Money buys attention. The evidence has been overwhelming lately.

For instance, I saw a magazine cover in the grocery store with a picture of an actress who is nearly my age of 49. The teaser line on the cover asked why she never ages. Any of us who aren't intentionally suspending reality to think about that question can already give the answer. She probably spends hundreds of thousands of dollars a year on personal coaches, physicians who mess with her skin and her subcutaneous adipose tissue, tailors and designers who adjust her clothing to cover or enhance her figure, and make-up artists and photographers who can hide the signs of age. With all this investment, her promoters and the publishers of the magazine collaborate to pretend that she has a gift, a discipline, and a cleverness to seem forever young.

A second example has been in the letters to the editor of the Durham Herald-Sun. I have never seen such a well-coordinated campaign of letter placement in our local paper. Well crafted letters which cover the key talking points and stay on message appear over and over, defending the three lacrosse players who were alleged to have committed sexual assault. Apparently the evidence is less convincing now than several months ago, and the charges of rape have been dropped. What amazes me is the way that the letter writers let their attack on the rape charges ooze over into saying that nothing wrong happened the night of that party. I am not fond of conspiracy theories. But never before have so many self-righteous people from all fifty states given so much attention to writing almost the same letter to our small local paper. There has to be something at work behind this, and I'm not blaming the Holy Spirit. Money can organize letter writers, too.

They pretend that it is easy to discern the truth among the "he said, she said" nature of sexual assault cases. They try to live in a pristine moment apart from the history of rapes swept under the rug and differential application of the laws according to gender and race. Even a young woman who grew up in my neighborhood has joined in the attacks on anyone who was critical of the lacrosse team, especially certain Duke professors and administrators.

Some professors seized the opportunity to speak about the ongoing presumption of privilege among many white Duke students who resist and resent their associations with blacks. It is real. I speak with black students at Duke often enough to know that although they have been 0fficially admitted to the school they seldom find the path to mutuality across racial lines, opportunities, understanding, or respect. But many propagandists are hard at work to hide all this for the sake of buying an untarnished future for the accused.