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Grand jury may consider new charges in Duke case
Raliegh Observer ^ | 5/15/06 | Ben Niolet

Posted on 05/15/2006 7:14:12 AM PDT by pissant

DURHAM - A Durham grand jury is scheduled to meet today, and the session could mean new charges in the investigation of a reported rape at a Duke lacrosse team party.

Two of the team's players were indicted in April on charges of first degree rape, first degree sex offense and first degree kidnapping. They are accused of assaulting an escort service dancer in a bathroom of a house at 610 N. Buchanan Blvd. Their lawyers say the men are innocent, and lawyers representing dozens of team members say that no sex or assault occurred at the March 13 party.

But the woman says she was attacked by three men, and Durham District Attorney Mike Nifong said he has been working on bringing charges against a third person.

WHAT WILL HAPPEN TODAY? If Nifong decides to submit the case, police investigators and possibly other witnesses will try to convince grand jurors in a secret session that the state has probable cause to bring a case forward. Grand jurors will hear only the prosecution's side of the case. The standard required for a true bill of indictment is far lower than the beyond-a-reasonable-doubt standard required for a conviction.

IF INDICTMENTS ARE ISSUED, WHEN WILL THEY BECOME PUBLIC? On April 17, a judge ordered the indictments in the lacrosse case sealed. The names of the players who were indicted were not released until 5 a.m. the next day when the players surrendered at the Durham County jail. If Nifong again requests that the indictments be sealed, the law allows a judge to keep them secret until the person is arrested or appears in court.

WHEN WILL ALL THE EVIDENCE BE REVEALED? State law requires prosecutors to turn over all of their case files to defense lawyers, but nothing requires the evidence to be turned over to the public. In open court hearings, lawyers often discuss some of the evidence, but the state's case may not be revealed until trial. No trial dates have been set. When a report on the DNA testing is complete, Nifong is required by law to turn it over to all 46 members of the lacrosse team who submitted DNA samples.

WHAT HAPPENS NEXT? The cases against Reade William Seligmann, 20, of Essex Fells, N.J., and Collin Finnerty, 19, of Garden City, N.Y., are moving forward. Finnerty has a court date in June. Seligmann is scheduled to appear in court Thursday. His attorney, Kirk Osborn, has filed a series of motions challenging Nifong's handling of the case and asking a judge to bar the prosecutor from further involvement.


TOPICS: Local News
KEYWORDS: duke; dukelax; wtf
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To: Neverforget01

LOL, When Tuckers bad, Tucker is really really bad. :^)


1,181 posted on 05/15/2006 9:03:11 PM PDT by TexKat
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To: sissyjane

Um one of the defendants is being charged with assault is he not? The victim in that case claimed the assault was because the defendant kept claiming the guy was gay.

That is a hate crime.


1,182 posted on 05/15/2006 9:03:21 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

There won't be a court trial because the case is going to be dismissed by the judge who's trying to supress uncontrollable laughter at Nifong's expense.


1,183 posted on 05/15/2006 9:04:12 PM PDT by OrinocoJack (Free the Ham Sammich! Disbar Nifong!)
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To: Neverforget01; TexKat

that is hard for me to believe not questioning you

but that man will get flattened by the news corpse if he says her real name maybe the full name will bring down the fury of the almight news corpse

seriously i would think his job would be on the line


1,184 posted on 05/15/2006 9:04:23 PM PDT by Dr. Richard Kimble
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To: marajade

Please read up on the topic. You are unable to back up your assertions. You have unsuccessfully offered OJ, Linda Tripp, misinformation, etc., to back up your arguments.

Good night.


1,185 posted on 05/15/2006 9:05:00 PM PDT by maggief (and the dessert cart rolls on ...)
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To: marajade

You don't have a freaking clue of the case. Sit down, read back and then come up and talk to us.


1,186 posted on 05/15/2006 9:05:13 PM PDT by OrinocoJack (Free the Ham Sammich! Disbar Nifong!)
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To: maggief

I may not have read every single thread on FR about this case or whatever... but really what will only matter is what is presented in Court.


1,187 posted on 05/15/2006 9:06:24 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Dr. Richard Kimble
that is hard for me to believe not questioning you

He didn't give her full name ..just "Crystal" and he said it at least twice!

1,188 posted on 05/15/2006 9:07:03 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: OrinocoJack

And as a juror what's in a public forum again, doesn't mean crap in a court of law.


1,189 posted on 05/15/2006 9:07:12 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

hate crime ?

i heard the guy wasn't gay. do you believe in special protection for certain classes of people?

you got these Duke guys convicted.

one question

do you think Kimberly Gilfoil and Nancy Grace are in the pursuit of justice?


1,190 posted on 05/15/2006 9:07:42 PM PDT by Dr. Richard Kimble
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To: marajade

You're going to be shocked when the details of that "attack" come out as well. Collin was called "gay" first.


1,191 posted on 05/15/2006 9:08:48 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: Dr. Richard Kimble

That's right the victim claimed he wasn't. But that didn't stop the defendant in that case, and in this case, from claiming otherwise. How does that speak as to his character?


1,192 posted on 05/15/2006 9:09:13 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Dr. Richard Kimble
Heard Kimberly on Sean Hannity today..I think even she's become a skeptic.
1,193 posted on 05/15/2006 9:10:15 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: Neverforget01

So just called Collin claimed he was gay first, that gave him the right to assault the guy? Again, it speaks as to character of the defendant in this case.


1,194 posted on 05/15/2006 9:10:47 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Neverforget01; marajade

go to a bus stop: the kids call each other gay all day long

should we roll out the National Guard to arrest them all on Hate Crimes? please


1,195 posted on 05/15/2006 9:10:52 PM PDT by Dr. Richard Kimble
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To: marajade

The technical term for CGM is the complainant. To refer to her as the victim presupposes that a crime has occurred. Until the DA has proven beyond a reasonable doubt that a crime did indeed occur, referring to the complainant as the victim is premature.


1,196 posted on 05/15/2006 9:11:10 PM PDT by writmeister
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To: Neverforget01

I didn't see Susan on Tucker's show, but I saw her just after Dave Evans made his statement. She looked downright shocked. She focused on Nifong's refusal to talk to the players or their attorneys before indicting them, but I think Evans' amazing presentation got to her.


1,197 posted on 05/15/2006 9:12:10 PM PDT by Ken H
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To: Dr. Richard Kimble

Assault, as is rape, a crime. We can call each other names all we want. But when we beat each other up and we rape, then it becomes criminal.

And you all are calling the victim in this case a skank? Big deal.


1,198 posted on 05/15/2006 9:12:32 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
Sometimes, when I'm the only one in the room advocating a certain position, and I have no evidence to back it up, but everyone else in the room has mountains of evidence to back up their position, I ask myself if I might be wrong.

Usually, I am.

The DA himself will likely be put on the stand in this case, and he will be made a fool of. There is simply the word of a stripper/prostitute/alcoholic against three men, none of whose DNA was found anywhere but on a fingernail.

Nifong has nothing. Nothing at all.

1,199 posted on 05/15/2006 9:12:42 PM PDT by sinkspur ( OK. You've had your drink. Now why don't you tell your Godfather what everybody else already knows?)
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To: marajade

LOL It was a fistfight among 5 guys. Three college kids and a 27 and 28 year old. A fistfight, not a hate crime. In fact, there are no hate crime charges even filed..try again?


1,200 posted on 05/15/2006 9:13:08 PM PDT by Neverforget01 (Proud enemy of the DBM)
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