Mercer's case abuses the judicial system, kind people

As former Chronicle staff writers who covered Duke football over a span of seven years, including Heather Sue Mercer's time at Duke and the early stages of this lawsuit, we are disgusted to read the paper's opinion on the latest verdict. Although The Chronicle's handling of this farce has been commendable in recent weeks, the editorial staff made a weak and poorly-reasoned decision in suggesting Duke should take this lying down.

Six former Duke placekickers testified under oath that Mercer lacked the leg strength to kick in a Division I football game. No one could ever doubt Mercer's heart, especially after all of the extra conditioning programs she went through with the rest of the team. But a kicker with a range of 30 to 35 yards is, plain and simple, not good enough at that level. And even amidst the losing streaks of the '90s, Duke consistently had excellent special teams, so Mercer's lack of skills put her firmly at the bottom of the depth charts.

To suggest she was not treated the same as her peers is simply not true. The other walk-on kickers, players like Matt Mapes and Ted Post, were expected to play on scout teams in practice, essentially serving as tackling dummies for the starters. As observers of those practices, we feel strongly that had Mercer been allowed to participate in those drills, her slow speed and reaction skills would have quickly led to injury. Former coach Fred Goldsmith was too decent a man even to consider letting a 145-pound woman stand up to that kind of daily beating. That is why Goldsmith never saw her as a member of the team, and that is why he is being singled out unfairly.

The cold, hard truth is that all Mercer ever accomplished was to make a fluttering 28-yard kick during a spring football game against a defense that had been instructed not to rush the kicker. Goldsmith's real mistake was that, in his kindness and desire to stir up excitement for a low-profile program, he gave her a bigger chance than she deserved. That she was let down by the final outcome is highly understandable, but it's not grounds for a lawsuit.

Duke must appeal this judgment. Frivolous lawsuits like this are a drain on our legal system and an undeserved black eye for honest, dedicated educators of young people like Tom Butters, Joe Alleva and Fred Goldsmith.

Dan Cohen

Trinity '97

Adam Ganz