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Nifong to give up more documents to defense (DukeLax)
Durham Herald-Sun ^ | October 27, 2006 | John Stevenson

Posted on 10/27/2006 5:00:15 AM PDT by abb

Nifong to give up more documents to defense

By John Stevenson, The Herald-Sun October 26, 2006 9:44 pm

DURHAM -- District Attorney Mike Nifong today will give defense lawyers about 2,000 additional pages of information about the Duke University lacrosse rape case -- the largest single batch of documentation he has surrendered so far.

Nifong turned over some 1,800 pages of information in one previous court hearing and another 615 pages last month.

After they receive today's batch, defense attorneys will have roughly 4,500 pages of documentation about the case that has polarized Durham, brought intense national publicity to the community and sparked a movement to oust Nifong as chief prosecutor.

In addition to paperwork, defense lawyers will receive 3 DVDs from Nifong today. Among other things, they reportedly contain e-mails generated by Duke students and lacrosse players.

The information will be surrendered in a hearing before Judge Osmond Smith, who was specially assigned by the N.C. Supreme Court to shepherd the controversial lacrosse case to completion.

Three suspects in the case, Collin Finnerty, Reade Seligmann and David Evans, are not required to be present today. They are free under $100,000 bonds as they await a trial that is expected to occur next year.

The three are accused of raping and sodomizing an exotic dancer during an off-campus lacrosse party at 610 N. Buchanan Blvd. in mid-March.

All have professed their innocence.

Other than the surrender of information by Nifong, no major developments are expected during today's hearing.

"I don't think anyone knows exactly what will happen, but I don't believe there will be much to it," said one lawyer, asking not to be identified.

Critical defense motions in the case have yet to be heard, but they will not be argued today.

Among other things, those motions accuse police of misleading a judge to obtain a search warrant, and of devising an unconstitutional photo lineup -- a lineup that allegedly was too suggestive because it included only pictures of Duke lacrosse players.

Several national television pundits, along with a host of Internet chatters, have blasted Nifong for allegedly rushing to judgment in the case and getting the three suspects indicted on insufficient evidence.

In addition, the lacrosse incident is responsible for an anti-Nifong movement in the Nov. 7 election.

Voters are being urged to cast their ballots for County Commissioner Lewis Cheek as part of an effort to recall Nifong.

However, Cheek has said he would not serve as district attorney if elected, meaning the governor would have to choose a replacement for him.

Another anti-Nifong faction is led by local Republican Party Chairman Steve Monks, who is running for the chief prosecutor's seat on an unaffiliated write-in basis.

Monks said in an interview this week that a combined oust-Nifong effort would be better than two fragmented ones.

"It is probable that one of us has to withdraw," he said. "It has to happen. Someone has to be the frontrunner for the anti-Nifong movement. Otherwise, Mike will continue to be DA?. I can't scream from the highest mountain loudly enough that we need a combined effort."

And Charlotte Woods, a campaign leader for Monks, said she had told Cheek "a multiplicity of times" that Monks would withdraw from the race if Cheek agreed to serve as district attorney if elected.

"We have made it plain over and over again," she said. "We've told him and told him."

But Cheek said Thursday that, "Service as DA is not an option for me."

He said he made it clear earlier that responsibilities to partners and employees prevented him from leaving his private law firm

"Nothing has changed," he added.

Meanwhile, Nifong said Thursday that he continued to stand by the rape case, and he denied he was responsible for polarizing the community.

"This particular case has not divided the community," he said. "It has pointed to divisions that already existed. It is a signal to us that we need to address these underlying divisions."

Nifong would not be specific, but he apparently referred to town-gown issues and racial issues, among others.

The accuser in the rape case is black. The three suspects are white.

"Another prosecutor might make the case go away, but he can't make the underlying issues go away," said Nifong.

The district attorney, who has been a prosecutor in Durham for 27 years and head of his office since April 2005, said he wasn't withering under a storm of adverse criticism about the lacrosse incident.

"It's the difference between character and reputation," he said. "Character is what you are. Reputation is what people say you are. As long as you know who you are, you don't have to worry over what people say about you. ?

"I might be better off if I wasn't DA," Nifong acknowledged. "It certainly would be less stressful. But this is a path I have chosen to take in my life. I'm seeing some of the not-so-fun part of the job right now, but you can't take a job and just do it when it's easy and fun. URL for this article: http://www.heraldsun.com/durham/4-782289.html


TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; durham; lacrosse; nifong
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To: Sacajaweau; All

How did I miss that he didn't talk to accuser? Ugh. Maybe the Jim "Chiquita" Webb issue has clouded my mind.


101 posted on 10/27/2006 12:33:10 PM PDT by PghBaldy (Depose Nancy! What did she know and when did she know it?)
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To: muawiyah; Neverforget01
Since I was there as an undergrad Durham is both more and less of a dump. Back then it was a solid working class town and the tobacco industry provided good jobs. Those jobs went away and as the Durham natives who counted on those jobs sunk further and further into relative poverty there was an influx of highly paid professionals to take the high-tech jobs that have been created in the last 25 years. The relative decrepitude of "old" Durham is only emphasized by the relative wealth of "new" Durham.

Some (not all - SOME) of the northerners, and some from other parts of the country as well, including some of the students with whom I was associated all those years ago lacked a certain quality, highly valued in the south, known as tact. They were quite vocal about Durham's obvious deficiencies and rubbed everyone the wrong way including me. The New York wise guy just doesn't play well in Durham. I understand that nothing is really meant by it, and that said Yankee is expecting ridicule in return, but in Durham it still rankles to be ridiculed by a carpetbagger.

Doesn't mean the Duke lax 3 should go to prison for 30 years, nor does it mean RS, CF and DE possess those unlikable qualities. But I'll bet every Durhamite has had, at one time or another, an unfortunate encounter with an out-of-towner. All it takes is one incident to set some people's opinions forever.
102 posted on 10/27/2006 12:33:51 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath
I went through the place over 45 years ago and it was a dump even then. Didn't take the death of "Big Tobacco" to push it over the edge.

On the other hand this business of inventing Jewish names for the supposed rapists and then selecting the Yankees to take the fall suggests there's a part of Durham my GGGrandfather forgot to burn, and they've been waiting for revenge.

Gad, is Nifong so stupid he thinks we don't notice this stuff?

103 posted on 10/27/2006 12:37:18 PM PDT by muawiyah
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To: PghBaldy

He's the lead investigator and he hasn't spoken to the accuser or the defendants, and he believes the accuser.


104 posted on 10/27/2006 12:42:16 PM PDT by ltc8k6
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To: ltc8k6

I played the video on WRAL and the reporter said the records were from UNC hospital. Wasn't there some prior speculation that Crystal might have gone to UNC hospital a day or two after the alleged rape?


105 posted on 10/27/2006 12:45:55 PM PDT by I want to know
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To: old and cranky
But there should be a way to sue them for it in extreme cases like this.

It's called Prosecutorial Abuse. And it never gets enforced. That's why there needs to be a statute forcing the state to pay attorney's fees to someone that they accused and were wrong about. And by wrong about, that means a not guilty verdict, regardless of the prevailing opinion in news or why the verdict was returned, technicalities or not. A uniform standard like this is the only way that the state will be brought to heel for abuses. Anything short is too easy to weasel out of. You can't set up a law that only allows lawsuits in 'extreme cases' because that's a vague term. Once that law is in effect, then there won't be any such thing as extreme cases anymore.

Everybody seems really gung ho to put in a loser pays system for civil law; I don't see any reason why it shouldn't work the same with criminal law.
106 posted on 10/27/2006 12:47:23 PM PDT by JamesP81 (Rights must be enforced; rights that you're not allowed to enforce are rights that you don't have.)
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To: RacerF150
I doubt it. He seems like the type that hates rednecks.

I agree: this is more of a rich vs poor, white vs black thing than a north vs south thing.
107 posted on 10/27/2006 12:48:06 PM PDT by JamesP81 (Rights must be enforced; rights that you're not allowed to enforce are rights that you don't have.)
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To: muawiyah

I think the Jewish names thing is stretching it. Is "Bret" a Jewish name? And there are plenty of non-Jews named Matt and Adam. I don't think any of the actual guys on the team named Bret, Matt and Adam are Jewish.

On the other hand, Crystal did manage to pick Reade Seligmann, who is Jewish, as one of her alleged attackers. But then she also picked an obviously Irish Catholic guy - Collin Finnerty, and Dave Evans who seems to be your standard Anglo-Saxon type.


108 posted on 10/27/2006 12:51:44 PM PDT by SarahUSC
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To: Locomotive Breath

Having grown up in NY, and having lived in NJ for 17 years, I know how disliked we are. For the most part, we're pretty thick skinned about it (the Jersey jokes do get old).

That being said, there is no question that a large number of college students come from the Northeast. It sure makes a parent question whether or not to send Johnny or Jane south. Who knows, maybe Duke will be better off and everyone will be happier?


109 posted on 10/27/2006 12:55:41 PM PDT by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: Locomotive Breath
Well see, that's the key to his universal appeal. He can get the black Durhamites to hate the defendants because they're while and he can get the white Durhamites to hate the defendants because they're Yankees. A twofer.

Which would explain why Gottlieb brushed aside Mangum's semi-identification of Durham native Matt Wilson (#4) during the April 4th lineup.

110 posted on 10/27/2006 12:56:33 PM PDT by writmeister
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To: Neverforget01
Having grown up in NY, and having lived in NJ for 17 years, I know how disliked we are.

Not to put to terribly of a fine a point on it, but a large number of northerners come down here and immediately start telling us how we should do things 'like back home'. I'm not saying you do it, I'm saying many refugees in the south from the Northeast do it, and it definitely doesn't endear you to your new neighbors. To use a southern term, that dog don't hunt.
111 posted on 10/27/2006 1:10:06 PM PDT by JamesP81 (Rights must be enforced; rights that you're not allowed to enforce are rights that you don't have.)
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To: writmeister
Look upthread. I'm pretty sure Matt Wilson is the guy that demonstrated that he was out of town during the party.
112 posted on 10/27/2006 1:11:47 PM PDT by Locomotive Breath (In the shuffling madness)
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To: I want to know

We've already heard about those visits, haven't we? It was UNC doctors who wrote that she said she'd hit her head on the sink, wasn't it? She had contusions, as I recall. Stiff neck, etc. Things that could be faked, IIRC.

We have at least heard about her visit to UNC the next day, I'm sure.

There were probably others.

I do remember hearing that UNC was her regular hospital.


113 posted on 10/27/2006 1:12:16 PM PDT by ltc8k6
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To: ltc8k6

The speculation was that since she'd lost her purse at the party she'd lost her flexerile and wanted more. IIRC she got out of Duke hospital on the morning of 14 March and was at the UNC hospital on the morning of 15 March (16 March?). Can't remember for sure but it was very soon after, and I do recall that she had the "hit her head on the sink" thing going on. If her exam from the UNC hospital showed injuries (beat up by a pimp named "Sink" as someone joked?), I'm sure Nifong is going to try and make hay with them saying that that they are a result of being beaten up at the lax party and that they just weren't evident when she was examined at Duke hospital.


114 posted on 10/27/2006 1:18:18 PM PDT by Locomotive Breath (In the shuffling madness)
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To: JamesP81
definitely doesn't endear you to your new neighbors

I'm not arguing with you-the dislike may be justified. I just think in this case, the prejudice against the Yankees at Duke has had a huge exclamation point put on it, and I think that's too bad--for Duke.

But maybe I'm wrong, maybe Duke would be better off without the Yankees. After all, it was Nothern lax players that caused this.

115 posted on 10/27/2006 1:20:59 PM PDT by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: ltc8k6
We've already heard about those visits, haven't we?

I thought so, too. Wonder which side asked to use the documents?

Judge Osmond Smith said he received medical records involving the accuser from the hospital. Those documents are currently under seal until the judge looks at them and decides whether the prosecution or defense can use them.

116 posted on 10/27/2006 1:21:14 PM PDT by I want to know
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To: xoxoxox
-so to this day she has not looked Nifong in the eye and stated the facts.......unbelievable!
117 posted on 10/27/2006 1:25:39 PM PDT by tioga
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To: Neverforget01

Well it's one of those "when cultures collide" things. One of the better part of my education at Duke was, when dealing with Yankees, dispense with politeness and give them crap right back. They won't take offense.

My room mate, from Richmond VA, went to see Duke play in the Palestra in Philly. He went to concessions to order a soft drink. He ordered a "Coke" which is not the local lingo. So they had to have an interchange over that. When he got his drink, being a well brought up Southerner, he said a sincere "Thanks" which earned him a dirty look from the concessionaire who figured he was being a smart a$$.


118 posted on 10/27/2006 1:28:09 PM PDT by Locomotive Breath (In the shuffling madness)
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To: CondorFlight
"The woman was too distraught on April 11 to talk about the rape, but she was able to continue poll dancing?"

Yes, I believe the medical term is "pole dramatic undress" syndrome.

119 posted on 10/27/2006 2:04:21 PM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: bjc

Bump for a great comment!


120 posted on 10/27/2006 2:09:53 PM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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