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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: marajade
I've seen lots of cases I thought shouldn't of been charged

So have I, but not under a spotlight like this, covered by media. Many,many a case has been dropped due to lack of evidence or credible witnesses.

Discovery is Thursday, and if he comes up empty, I be willing to put down a hefty wager this thing will end prematurely.

1,221 posted on 05/15/2006 9:22:51 PM PDT by Nonstatist
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To: marajade
She would be a victim.

I will correct you every time you post this. She is not a victim until her case is proven. Until then, she is an accuser.

You really haven't kept up with this case, have you?

1,222 posted on 05/15/2006 9:22:58 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: JBird77777

Rape is about power.


1,223 posted on 05/15/2006 9:23:23 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
I don't care what's in the threads on FR.

Now see there marajade, you are mistaken. I did not provide links to any FR threads that I posted to you.

Thats only in your mind.

You assumed that you knew what it was like other things that you assume.

1,224 posted on 05/15/2006 9:23:37 PM PDT by TexKat
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To: sinkspur

The test will be if she's testifying under oath, we'll see if they do.


1,225 posted on 05/15/2006 9:24:11 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

My standard is that nothing will be considered as evidence as to guilt or innocence until presented in court.
____________________________________________

So by your standard OJ was innocent. There is a far far more tenuous DNA connection here, so by your standard these guys are even more innocent?


1,226 posted on 05/15/2006 9:24:12 PM PDT by JLS
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To: marajade; All

I'm checking in. Hopefully our daily know-nothing guest is gone by sun rise.


1,227 posted on 05/15/2006 9:24:19 PM PDT by OrinocoJack (Free the Ham Sammich! Disbar Nifong!)
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To: sinkspur

Marjade isn't clear on the whole 'presumption of innocence' thing.


1,228 posted on 05/15/2006 9:24:22 PM PDT by rwilson99 (Too soon... to forget. See United 93)
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To: marajade
The defendant in this case is also a defendant in an another assault case. This does speak to his character.

And the accuser made a false rape claim some 13 years ago. Against three men.

That speaks to her character. Boy howdy, does it ever!

1,229 posted on 05/15/2006 9:24:41 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

the dancer committed assualt against a cop
she stole a car. She has a problem with liquor or drugs.

but, you want to talk about noise violations and a gay comment.

you bought the story from the beginning and its easier to believe you weren't fooled than to accept the facts. its easier to explain away all the inconsistencies than to change your thinking


1,230 posted on 05/15/2006 9:24:56 PM PDT by Dr. Richard Kimble
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To: marajade
Thank you for regurgitating FEMNAZI jargon.
1,231 posted on 05/15/2006 9:25:47 PM PDT by OrinocoJack (Free the Ham Sammich! Disbar Nifong!)
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To: Nonstatist

"So have I, but not under a spotlight like this, covered by media."

I have. And one was a former state school's chief who was assaulted by her husband and felt the state shouldn't of charged him with DV and the state did anyway without her testimony.


1,232 posted on 05/15/2006 9:26:07 PM PDT by marajade (Yes, I'm a SW freak!)
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To: sinkspur

We'll see what happens in Court.


1,233 posted on 05/15/2006 9:26:55 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Jrabbit; marajade
Who are you? Why are you coming to a thread and posting about a case you know nothing about?

I remember the poster from threads a couple of years ago and nothing has changed.

Sounds like a sleeper troll to me.

1,234 posted on 05/15/2006 9:27:44 PM PDT by Krodg
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To: rwilson99

Where in any post of mine have I stated the defendants were guilty?


1,235 posted on 05/15/2006 9:28:17 PM PDT by marajade (Yes, I'm a SW freak!)
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To: All
Good night all!

I pray that all of you that are sane will still be sane at daybreak :^)

1,236 posted on 05/15/2006 9:28:45 PM PDT by TexKat
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To: OrinocoJack; marajade

you are just repeating what Nancy Grace and Whendy Murphy said tonight. they said that exact thing.

lets see if they testify


I'll watch Kimberly fishface or Whendy broomstick if I want to hear those opinions.

if there is no evidence against them: their lawyer may not mount a defense. it seems there is no there there


1,237 posted on 05/15/2006 9:28:56 PM PDT by Dr. Richard Kimble
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To: Neverforget01

I think Susan Filan called Nifong's refusal to listen to Evans or see his exculpatory evidence "scary".

Nifong will surely be asked about Cheshire's claim that he wouldn't hear Dave's story or look at the photos showing he didn't have a mustache that night or ever. I'll be interested in what he says.


1,238 posted on 05/15/2006 9:29:00 PM PDT by GAgal
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To: OrinocoJack

So now I'm a femnazi. Funny, my husband doesn't feel that I am.


1,239 posted on 05/15/2006 9:29:14 PM PDT by marajade (Yes, I'm a SW freak!)
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3rd Duke Lacrosse Player Is Indicted in Rape Case - May 16, 2006
http://www.freerepublic.com/focus/f-chat/1632863/posts
1,240 posted on 05/15/2006 9:29:33 PM PDT by Eagle9
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