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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: Howlin

Stop posting why? Because I haven't followed every post in every thread and live in NC?

Okay, its a blip on the screen. What does that mean?


1,401 posted on 05/15/2006 11:01:08 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Howlin

Then he'll lose the case.


1,402 posted on 05/15/2006 11:02:11 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Neverforget01

Marajade doesn't believe the Defense: she wasn't born yesterday you know. But she later quotes the AVs family like its gospel

To: RecallMoran; pissant

"Seems odd to be so incredibly ill informed and off base so late in a thread."

What? It seems odd that I don't believe everything coming out of every defense atty and their client's mouth? Please, I wasn't born yesterday.



1,076 posted on 05/15/2006 11:07:21 PM EDT by marajade (Yes, I'm a SW freak!)
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1,403 posted on 05/15/2006 11:02:43 PM PDT by Dr. Richard Kimble
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To: marajade

No, because you don't know what you're talking about.

It means it wasn't JUST the Black Panthers. Did you not here the woman screaming in the press conference today that they DEMAND that the trial be held in Durham, no change of venue.

They want their justice.

This is nothing more than a lynching, marajade.


1,404 posted on 05/15/2006 11:03:19 PM PDT by Howlin
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To: GAgal

I think the "demand" for Wendy may grow because Cable tries to show both sides. Wendy is fast becoming one of a rare few.


1,405 posted on 05/15/2006 11:03:31 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: Neverforget01

"Reade and Collin will never be able to walk down the street without people whispering. Imagine either of them trying to get a job?"

If they are found innocent, why would people whisper and why not employ them?


1,406 posted on 05/15/2006 11:03:50 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Dr. Richard Kimble

Stop doing that; you're irritating me.

And here at FR, we don't talk about other posters behind their back; if you say something about a poster, be sure to ping them.


1,407 posted on 05/15/2006 11:04:14 PM PDT by Howlin
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To: Neverforget01

That's why the line-up protocol I read said the person presenting the pictures to the accuser should be someone unfamiliar with the suspects.

Instead, it was Gottlieb in charge of the investigation. At least he got her to clarify her "only without the mustache" comment by asking, "OK, so the person had a mustache?".

Crystal's "Yes" probably saved poor Evans.


1,408 posted on 05/15/2006 11:04:36 PM PDT by GAgal
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To: marajade

Wendy Murphy says ToNIGHT: Let's see if they testify in court.

Marajade says:

To: Neverforget01

Good. I look forward to seeing them testify in Court to clear their good names.

1,249 posted on 05/16/2006 12:34:17 AM EDT by marajade (Yes, I'm a SW freak!)
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1,409 posted on 05/15/2006 11:05:01 PM PDT by Dr. Richard Kimble
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To: marajade
If they are found innocent, why would people whisper and why not employ them?

Okay; that's it for me. You're either dense or being deliberately obtuse.

1,410 posted on 05/15/2006 11:05:08 PM PDT by Howlin
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To: Dr. Richard Kimble

STOP DOING THAT THIS SECOND!!!


1,411 posted on 05/15/2006 11:05:36 PM PDT by Howlin
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To: Howlin

"Did you not here the woman screaming in the press conference today that they DEMAND that the trial be held in Durham, no change of venue."

That again is up to the Court to decide. The defendants have every right to motion the Court for a change of venue. What a screaming woman demands at a press conference means absolutely nothing to me.


1,412 posted on 05/15/2006 11:06:14 PM PDT by marajade (Yes, I'm a SW freak!)
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To: GAgal

Gottlieb's been a busy boy, huh?

Storming the dorms to chase the players.

Serving warrants on cab drivers.

Doing lineups.

All things he's not suppose to be doing.


1,413 posted on 05/15/2006 11:06:38 PM PDT by Howlin
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To: marajade

"Is a search warrant considered sworn testimony at this point? Is a ID considered sworn testimony at this point? Could be false reporting. But she hasn't raised her right hand and placed it on a bible and taken the stand yet and said those things has she?"

Are you suggesting that the AV is going to say things on the stand that differ from what we have all read in the published documents? How will that help her case, exactly? Won't that kill her credibility entirely when the defense holds up the documents?

Marajade doesn't need to believe what we say. She can read the documents herself. She can look at the photos and the available evidence herself. It's clear that she has done neither, or she wouldn't say half the junk she has said.


1,414 posted on 05/15/2006 11:06:50 PM PDT by ltc8k6
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To: Dr. Richard Kimble
marajade is "openminded" about the case. She told me ;-)

And Collin had is diversion program ended because he called someone "gay."

1,415 posted on 05/15/2006 11:07:14 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: Howlin; Dr. Richard Kimble

That's okay. I coulda pulled the abuse button in the thread but I'm really trying to give Dr. Richard Kimble the benefit of the doubt.


1,416 posted on 05/15/2006 11:07:50 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
What a screaming woman demands at a press conference means absolutely nothing to me.

My point flew right over your head: she's a big black activist in Durham; the NAACP and about 20 other black groups are riding this for all it's worth.

If she is the one I think she is, the last time I saw her, she had her finger in the City Manager's face, screaming "If you don't have those BOYS in jail by 5 o'clock tonight, I'm calling the FBI to come investiage a hate crime."

1,417 posted on 05/15/2006 11:08:29 PM PDT by Howlin
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To: marajade

I don't care whether it's bothering you or not.

It's irritating the hell out of me.


1,418 posted on 05/15/2006 11:09:04 PM PDT by Howlin
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To: Howlin

LOL---I think we all need sleep--nite all!


1,419 posted on 05/15/2006 11:10:59 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: marajade

you know what. I'm out of here. I do believe you are entitled.

being responsive to questions would've helped along the debate. I have no problem jumping to somewhere else.


1,420 posted on 05/15/2006 11:13:46 PM PDT by Dr. Richard Kimble
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