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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: Dr. Richard Kimble

Your post in this thread is off topic.


1,361 posted on 05/15/2006 10:36:02 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
Well the defense is the one who leaked the DNA tests.

My god, how misinformed are you about this case?

Even the press admitted that the DA's office leaked the DNA results to them THREE DAYS before they faxed it over to the defense team at 5 p.m. on Friday; that is AGAINST THE LAW in North Carolina.

Yet still you defend him.

1,362 posted on 05/15/2006 10:36:11 PM PDT by Howlin
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To: Howlin

"Ahem, she's already given sworn testimony under oath. Twice."

In this case?


1,363 posted on 05/15/2006 10:36:50 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

your defense is off topic from the facts in the case.


1,364 posted on 05/15/2006 10:37:01 PM PDT by Dr. Richard Kimble
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To: marajade
I would hope without a doubt that that is not true.

You know it is; you just don't want to admit it.

This is Mangum's SECOND time to bat calling false rape; but this time she's got the entire country watching her.

When the facts come out -- and they will -- how many girls do you think will report a legitimate rape.

Again, I am stunned at your callousness.

1,365 posted on 05/15/2006 10:37:49 PM PDT by Howlin
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To: Dr. Richard Kimble
I called her a troll, but it had nothing to do with immigration.

If you want to argue that topic there are many threads available.

1,366 posted on 05/15/2006 10:38:26 PM PDT by Krodg
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To: Dr. Richard Kimble

God Willing the folks on the jury will have more sense.


1,367 posted on 05/15/2006 10:38:46 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: marajade
In this case?

Certainly you don't think Nifong was dumb enough to get search warrants without a sworn statement, do you?

And her lineup ID HAD to be under oath.

UNDER PENALTY OF LAW.

You should know that drill.

1,368 posted on 05/15/2006 10:39:00 PM PDT by Howlin
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To: Howlin

He entered the diversion program voluntarily. He could have entered a not guilty plea in that case from the start.


1,369 posted on 05/15/2006 10:39:29 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

You're off-topic. Answer the questions


1,370 posted on 05/15/2006 10:40:22 PM PDT by Dr. Richard Kimble
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To: Howlin

I never read that. Do you have a link?


1,371 posted on 05/15/2006 10:40:49 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Publius22

He's so sure he's got 3, why not go for the 4th? I'm sure he has jsut as much evidence against him.

When is the press going to wake up and ask him WHY he didn't indict the 4th guy. Did he get a "bye?" Parents not rich enough.


1,372 posted on 05/15/2006 10:40:55 PM PDT by Howlin
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To: onyx; M. Thatcher
Sorry, Mom.

But making sport of this Marajade is too much fun!

1,373 posted on 05/15/2006 10:41:03 PM PDT by Senator Pardek
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To: marajade

A link to what?


1,374 posted on 05/15/2006 10:41:20 PM PDT by Howlin
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To: Howlin

My guess is they knew #4 wasn't in Durham that day.


1,375 posted on 05/15/2006 10:42:21 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: Howlin

She has been givin many links: TexKat for one.

She won't respond directly. it is a tactic


1,376 posted on 05/15/2006 10:42:22 PM PDT by Dr. Richard Kimble
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To: Neverforget01

Mort Kondracke said tonight that this could be the biggest miscarriage of justice in this country's history (or something close to that!)


1,377 posted on 05/15/2006 10:42:43 PM PDT by Howlin
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To: marajade

I never read that.


It wasn't covered on Nancy Grace


1,378 posted on 05/15/2006 10:43:50 PM PDT by Dr. Richard Kimble
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To: Senator Pardek

LOL! I just can't stop myself from dumping on trolls.


1,379 posted on 05/15/2006 10:43:53 PM PDT by onyx (Deport the trolls --- send them back to DU)
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To: Neverforget01
My guess is they knew #4 wasn't in Durham that day.

So, she identifies #4, who they know was out of town; did bells and whistles not go off right that second?

I mean, if that is true, all 4 boys have alibis. (According to Mort, Finnerty does, too.)

1,380 posted on 05/15/2006 10:44:14 PM PDT by Howlin
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