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DA on the spot for comments
Raleigh News &Observer ^ | April 22, 2006 | Michael Biesecker, Benjamin Niolet and Joseph Neff

Posted on 04/22/2006 2:45:35 AM PDT by abb

Defense lawyers and legal experts say District Attorney Mike Nifong may have crossed ethical lines in public comments about rape allegations involving Duke University lacrosse players, potentially prejudicing jurors and setting off a media maelstrom.

Nifong says that he has done nothing wrong, though he has ceased talking with reporters about allegations made by an escort service dancer hired to perform at a March 13 team party. He would speak only about his handling of the case Friday.

"In terms of what I said, no, I wouldn't say I regret anything I've said," Nifong said. "I think what I have learned, basically, is that if you cooperate with the media out of a sense of duty to public truth, you make yourself a victim."

Local observers were hard-pressed this week to remember a case with so much back-and-forth between the prosecution and defense playing out in a 24-hour news cycle. It has some suggesting a judge should step in with a gag order.

Defense attorneys for the lacrosse players say it is their clients who have been victimized by Nifong, and they blunt criticism of their own extensive public comments by saying they are just attempting to limit the damage. Some also said photos, ATM receipts and other evidence they claim exonerates the two team members arrested Tuesday were given to the media only after Nifong refused to look at them.

In its ethical rules, the N.C. State Bar orders lawyers to refrain from statements outside the courtroom that they know might have "a substantial likelihood of materially prejudicing" legal proceedings. But once one side talks to the press, ethics rules say the other side can make statements "a reasonable lawyer" would believe are required to protect a client from bad publicity.

(Excerpt) Read more at newsobserver.com ...


TOPICS: Chit/Chat
KEYWORDS: da; duke; dukelax; nifong
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To: TexKat

That's what it says, although the "photograph" is odd.


281 posted on 04/22/2006 3:07:37 PM PDT by GAgal
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To: TexKat

You are correct, it does say K-Y Jelly Photograph, but I'm wondering if the ID number(of the photo) was just left off by accident.


282 posted on 04/22/2006 3:12:38 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: MississippiDeltaDawg

"....to intimidate her into being quiet."

I suspect THAT will never come to psss! She stupidly views her mouth as her biggest asset.


283 posted on 04/22/2006 3:15:10 PM PDT by Vn_survivor_67-68
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To: TexKat; Howlin

Howlin Ping --

Have you read this?

Seized items from LAX house.


284 posted on 04/22/2006 3:15:39 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: sissyjane
I would bet it came from her makeup bag.
I cannot imagine young straight guys having K-Y.
Females are the ones who usually have those kind of things for lubrication etc.

No lubricant was found in her, correct??
285 posted on 04/22/2006 3:18:13 PM PDT by snarkytart
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To: sissyjane
You are correct, it does say K-Y Jelly Photograph, but I'm wondering if the ID number(of the photo) was just left off by accident.

The way that I am reading it is that #30 is the K-Y Jelly Bottle Photograph.

286 posted on 04/22/2006 3:18:18 PM PDT by TexKat
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To: TexKat

I read it the same way---


Just wondering if the ID # was left off the seized item list of a photograph.


287 posted on 04/22/2006 3:20:38 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: TommyDale

and a bottle of K-Y jelly.

If a "dancer" shows up with KY, then the question MUST be asked....what ELSE did her bag of tools and props contain? (A dildo large enough to bring forth oohs and ahhs from the audience? Big enough to cause oral and anal trauma, as well?

(sorry to be so graphic)


288 posted on 04/22/2006 3:21:11 PM PDT by Vn_survivor_67-68
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To: snarkytart

No idea.


289 posted on 04/22/2006 3:21:15 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: Jrabbit
Will be interested in knowing what pills were seized and from where. Someone had speculated she might have self ingested the date rape drug in small doses, but you know how that would look to the media and such.

Hope you are well!

290 posted on 04/22/2006 3:23:38 PM PDT by Rheo
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To: Palladin

Nifong was hoping to skate until the primary May 2. He may not make it. Let's see what the N&O has for the Sunday paper tomorrow morning. We may begin to see columns and editorials early next week to the effect that Nifong "may need to look at his case and reevaluate the wisdom of pressing the prosecution."

The DBM has to figure out how to unstick themselves from this tarbaby. Nifong's on his own, IMHO....


291 posted on 04/22/2006 3:24:23 PM PDT by abb (Because News Reporting is too important to be left to the Journalists.)
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To: sissyjane
Duke Men's Lacrosse Team Faces Rape Allegations

The March 16 search warrant specified "items to be seized" from the residence, including any DNA evidence available. Police collected laptop computers, cameras, cell phones, a bath rug, five fingernails, a bottle of KY Jelly and $160 of $400 allegedly stolen from the victim, among other things.

292 posted on 04/22/2006 3:30:34 PM PDT by TexKat
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To: GAgal
The police report also included the accuser's account of being hit, kicked, and strangled. A nurse's report based on an examination of the alleged victim on the night of the party reportedly found signs of trauma on her body. She claims to have had bruises on her neck and shoulders.

So the nurse's report says "signs of trauma on her body?" And "bruises on her neck and shoulders" is what "she claims" - is that from the nurse's report or what the AV told police? What crappy reporting.

If ABC has a source who has seen the nurse's report, why didn't they describe the genital injuries? Could it be because they are merely, as Nifong once described, "swelling and pain?"

293 posted on 04/22/2006 3:32:19 PM PDT by SirJohnBarleycorn
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To: TheSpottedOwl

"I think what I have learned, basically, is that if you cooperate with the media out of a sense of duty to public truth, you make yourself a victim."
/////////////////////////////////////////////

Oh no! Another victim. the prosecutor must be a democrat running for reelection. And all he did was pander to his constituents by railroading some rich white kids through a bogus arrest without any factual evidence, and use the media as a tool to that end. He's such a victim. I feel his pain.


294 posted on 04/22/2006 3:39:51 PM PDT by photodawg
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To: Rheo
Good to see you again! jrabbit is as tenacious and funny as ever.

We haven't solved this yet and could use your help.

295 posted on 04/22/2006 3:43:11 PM PDT by Krodg
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To: Krodg; Jrabbit
Hi Queen!

You have been pretty humorous yourself and as always; jrabbit cracks me up.

I still cannot get the mental picture out of my head of that woman loping around on 1 six inch, ugly as hell shoe for at least 30 minutes....yeah, I'll bet they all wanted her.

296 posted on 04/22/2006 3:51:32 PM PDT by Rheo
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To: TexKat

Nothing in that article about a seized photo. I guess it's one of the "other seized items".


297 posted on 04/22/2006 3:55:58 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: TexKat

Rev. Peterson is the example of a wise man, who happens to be black, yet the black community is so enthralled by the Jackasson and Shrlington that Rev. Peterson is ignored by the majority of his race. Thankfully, his wisdom is well suited to any race and I find his comments on a vast array of subjects to be insightful and are much valued by me. And most at FR.


298 posted on 04/22/2006 3:57:03 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Neverforget01; Dukie07; Howlin
Some Duke alums question school president

Updated: 6:12 p.m. ET April 22, 2006

DURHAM, N.C. - Several Duke University alumni questioned the school’s president Saturday about suspending two lacrosse players charged with raping a stripper at a team party, with one saying his alma mater is guilty of “a tremendous rush to judgment.”

“It was convenient to throw the lacrosse team overboard along with their coach,” said Joe Baden, a 1970 Duke graduate from Raleigh.

Baden was among about a half dozen alumni to question President Richard Brodhead during a forum held as part of a weekend of class reunions. During a talk about the school’s strategic plan, Brodhead stopped the program for a half hour to specifically take questions from the crowd of nearly 100 about the lacrosse team and the rape allegations.

Duke has not confirmed it suspended the two players charged with rape, although the university has said the school’s practice is to issue an interim suspension when a student is charged with a felony or when the student’s presence on the campus may create an unsafe situation.

“We really asked ourselves, on the matter of interim suspension, ’How do we do these things?”’ Brodhead told a questioner. “The custom of this place, I assure you it is the custom of many places, on indictment for a felony ... that’s the way to go with it and that’s the way we did it this time.”

Sophomores Reade Seligmann, of Essex Fells, N.J., and Collin Finnerty, of Garden City, N.Y., were charged this past week with first-degree rape, sexual assault and kidnapping. Authorities believe they were two of the three white men who a 27-year-old black single mother says raped her at a March 13 lacrosse team party.

Both quickly posted a $400,000 bond, and attorneys for the two players and other team members continue to strongly proclaim their innocence. Meanwhile, District Attorney Mike Nifong has said he hopes to charge a third person, whom he has yet to identify with certainty.

The allegations led Brodhead to cancel the lacrosse season and accept the resignation of the team’s coach. Baden wondered whether Brodhead would have done the same if men’s basketball coach Mike Krzyzewski, who has won three national titles and is considering among the best in the game, was at the center of the scandal.

“Would he have shut down the basketball team if precisely the same allegation was made by precisely the same person,” Baden said. “I don’t think they would have.”

Kent Bishop, who said he lettered in lacrosse in 1960, asked Brodhead about lifting Seligmann’s suspension, citing a timeline offered by the defense team they have said indicates the player did not have enough time to participate in the 30-minute assault described by the accuser before leaving the party.

“I think that would simply be Duke following the rule of law and more importantly, supporting a student apparently, or maybe obviously, falsely accused,” Bishop said.

Brodhead replied, “If these students are guilty of what they’ve been charged with, they’re guilty of something abhorrent. If they’re innocent of what they’ve been charged with, then it is abhorrent that they should have been held guilty for it in the press.”

Seligmann and Finnerty are apparently the second and third members of the team to be suspended from Duke. Earlier this month, the school suspended sophomore Ryan McFadyen, 19, of Mendham, N.J., after authorities investigating the rape allegations released a search warrant for his dorm room that included a vulgar and graphic e-mail sent from his Duke account, which Brodhead called “sickening and repulsive.”

Duke said federal law prohibits the school from discussing individual students, but confirmed McFadyen’s suspension after he signed a waiver allowing the university to comment.

299 posted on 04/22/2006 3:57:21 PM PDT by TexKat
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To: GAgal
That's the way I read it.

She picked out Reade Seligmann as the attacker who forced her to perform oral sex and Collin Finnerty as the second man to rape and sodomize her.

300 posted on 04/22/2006 3:59:37 PM PDT by Krodg
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