Yolanda Hayes may have spoken up to help Crystal Gail Mangum, the accuser in the Duke case, but she spoke too much truth and that helped the innocent Duke Three.
Then Ms. Hayes backed out of an appearance on "On the Record," hosted by attorney Greta van Susteren, and helped the defense even more, by making it even clearer that a change of venue is required if there is to be a trial.
Tamara Gibbs, an ABC11 reporter in North Carolina, authored this brief, but blockbuster, eyewitness news exclusive:
"(11/14/06 - DURHAM) - A former nightclub manager shares new information about the accuser in the Duke lacrosse rape case. She sheds light on the days before, and after the alleged attack.
"Yolanda Haynes a former nightclub manager and a woman who knows the accuser says she originally spoke to the media to defend the accuser, but now she finds herself in the national spotlight.
"'I know people are saying, "What is she doing on TV?"' Haynes said. Expecting some criticism for her first interview with Eyewitness News, Yolanda Haynes says she was compelled to speak on behalf of the alleged victim.
"'I really actually felt sorry for her. I really did.'
"Haynes says reports that the accuser was at an adult entertainment club she managed the day after the alleged assault, and claims that she intended to extort money from Duke lacrosse players just aren't true. 'I do know she didn't say anything about no money or that she was trying to sue or anything like that,' Hayes explained.
"Haynes wouldn't call herself a close friend of the alleged victim, but she says she knows her well enough to be concerned.
"On March 11th, Haynes says the accuser passed out in the dressing room of the Platinum Club. 'She's leaned up against the wall naked with her arms sprawled out.'
"Haynes never saw the alleged victim drink that night. She says it took four people to carry the unconscious dancer to her boyfriend's car. She explains that they dropped the dancer on a gravel parking lot that night. 'We dropped her a couple of times just because she was getting heavy.'
"Defense motions say a scratch on the alleged victim's knee and a small cut on her heel were found.
"Did it come from the fall just days before the alleged attack? Haynes says she can't say. 'I'd rather not talk to the defense. I'd rather not talk to the prosecution, because of the simple fact I was not there at that house. I can only talk about her performance at the club.'
"Haynes says she's fielded numerous media calls and now she's regretful for coming forward. She wonders if the attempts to help the alleged victim may actually hurt the woman. 'I hope the boys if they did it - I hope they get punished. And if they didn't I hope she gets some help,' she said.
"Haynes says none of the attorneys on either side of the case have contacted her. She has not spoken to the police.
"Calls Eyewitness News made to several attorneys were not returned."
Any who doubt the need for a change of venue in the Duke case should read this explanation by Greta van Susteren as to why Ms. Hayes did not appear on her show, as scheduled.
"Duke Rape Case Saga
"Wednesday, November 15, 2006
"By Greta Van Susteren
"Since I promised behind the scenes — this is what happens at cable news organizations:
"Last night during Shep's 'FOX Report' at 7 p.m. ET, I heard him reporting about Yolanda Haynes. She is the former manager of the strip club where the accuser in the Duke Lacrosse rape case worked and was working two nights before she claimed she was raped. I 'top lined' Shep — while he was on air — that we had Yolanda booked at 10 p.m. as a guest. So what did Shep do? He immediately promoted this guest for us ('…and she will be on "On the Record," etc., at 10 p.m….') I was grateful to Shep for doing it — Shep is a very good friend of mine and of our show.
"Then, as luck would have it, at 8:10 p.m. we got a call from Yolanda and she said she no longer wanted to do our interview. Why? Because apparently the local media had shown up at her house and she was, of course, rattled. I agree — it is not fun to have the media show up at your house, whether it be local or national.
"She called my producer, whose office is next to mine, and I was then summoned to come to her office and talk to Yolanda. I talked to Yolanda and I essentially apologized for the media, but did ask her to change her mind again and do the interview. I was not heavy handed (although I certainly wanted her to do our interview), because I know how we in the media can be. Yes, we are an aggressive lot — even when we, in our zeal to get the story out, don't even realize how aggressive we are. We can forget that the media, while so routine to us, is foreign to others. It is bizarre to suddenly find a microwave truck parked outside your house.
"Yolanda changed her mind — luckily — and agreed to do the show, but by the time 10 p.m. rolled around, things changed again. She said she would do the show, but only by phone. So she became a 'phoner.' But then, with a minute before our show — and I do not exaggerate the time, it was one minute — I was told 'there seems to be a problem getting Yolanda on the phone. I will let you know as the show starts...'
"The show began — first with a quick report on Iran and then? Well… no Yolanda. Fortunately, the legal panel was seated and ready to go and I was able to start the show, report the facts that I expected Yolanda to tell (remember, I had spoken to her earlier and so had my producer) and turn to Bernie Grimm who also helped me out by providing some facts. We did the segment without our main guest and of course had Pam Bondi, Geoffrey Fieger and Ted (no last name needed — we all know Ted!)"
If a fact witness is so easily intimidated, imagine what pressure to convict would be put on jurors, especially black jurors!
Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.
Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.
The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.
Gaynor currently contributes regularly to www.MichNews.com, www.RenewAmerica.com, www.WebCommentary.com, www.PostChronicle.com and www.therealitycheck.org and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.