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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

Thank you.

For some reason the media is making a big deal about this case, why, because maybe its got a lot of everything in it: class, race, money and they think it will bring them lots and lots of viewers.

I haven't followed the case as closely as you and many other posters on the board as is evidenced by my clueless posts.

But still believe she has just as much a right as anybody else to file a report she was raped.

Maybe Nifong is an idiot for taking it before a grand jury and maybe Nifong just wants the office, heck, I don't know.

But I really do want to hold out hope that the world is good and right and just.

Am I wrong to post silly stuff like this to the thread?


1,421 posted on 05/15/2006 11:15:51 PM PDT by marajade (Yes, I'm a SW freak!)
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Is this points per post night...

Rats... I didn't get the memo... no way can I catch up now..

what's tonight's prize....????

Hey.... anyone wanna volunteer for 200+ post cuss fight?

1,422 posted on 05/15/2006 11:17:24 PM PDT by darbymcgill
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To: marajade
There have been numerous threads at Free Republic discussing famous cases during the pre-trial phase. (Scott Peterson, for example). The comments on those threads are often scathing and one-sided as well.

Have you posted similar types of comments on such threads as you are on this one? If not, why did you pick the Duke thread to do so?

1,423 posted on 05/15/2006 11:19:55 PM PDT by Ken H
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To: marajade
But I really do want to hold out hope that the world is good and right and just.

If the world was good and right, she would have been in the drunk tank that night and none of this would have happened.

All you need to know about this case is that the student newspaper at the college she goes to knows a lot of stuff about her that will help the defense but they refuse to print it because she's a "sister."

1,424 posted on 05/15/2006 11:23:29 PM PDT by Howlin
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To: marajade
Then he'll lose the case.

Oh, yes, he will.

They are going to wipe the floor with him.

And he deserves it.

1,425 posted on 05/15/2006 11:26:43 PM PDT by Howlin
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To: Howlin; TexKat
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.

Nifong's henchman, eh.

1,426 posted on 05/15/2006 11:29:25 PM PDT by Ken H
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To: F.J. Mitchell

Which one, knifing or fang?


1,427 posted on 05/15/2006 11:35:01 PM PDT by stands2reason ("Patriotism is the highest form of dissent." - Mark Steyn)
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To: marajade
Everyone here has been beating around the bush - so the burden has (again) been laid on my back.

You seem to be a good person and one who loves one's country and you strike me as one who would make a mighty fine neighbor.

Having said that - you are a moron.

1,428 posted on 05/15/2006 11:40:20 PM PDT by Senator Pardek
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To: Ken H

On Greta tonight, they said that because Nifong knew about those pictures and he didn't show them to the Grand Jury, the entire indictment can be thrown out.


1,429 posted on 05/15/2006 11:47:06 PM PDT by Howlin
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To: Howlin

If the prosecuter is off his rocker....as it appears..what legal recourse is there? short of a trial?


1,430 posted on 05/16/2006 12:47:50 AM PDT by woofie (Another actor with political ideas.................John Wilkes Booth)
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To: luv2ski

You didn't have to scroll down; if you're on a long thread and you want to see the responses to someone's post, just click on "View Replies" at the bottom of the post, over to the right of
"Post Reply".

When someone has a question, I like to check the replies and often find someone has already answered and in a better way than I could have. It's a good tool for lazy (ehm) I mean, efficient people like myself. :-)


1,431 posted on 05/16/2006 12:56:13 AM PDT by stands2reason ("Patriotism is the highest form of dissent." - Mark Steyn)
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To: GAgal

We tune her out immediately, lol! We DVR everything, then fast-forward through the screaming morons like Wendy and the commercials and the crap like the gossip segments about American Idol. It cuts our TV watching time in half, at least.

I can tell by the first few words out of Wendy's mouth whether or not she's figured this out yet. For a short while it looked like she was starting to, but that was a couple weeks ago and lately she's back to her rabid self so we just DVR past her. It's more peaceful that way, and does wonders for the blood pressure.


1,432 posted on 05/16/2006 12:56:16 AM PDT by Jezebelle
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To: Howlin

Yes, because it would be much more unethical to seek an indictment with the proof that Dave has never had a mustache. By refusing to look at the phtos, he can deny he had that evidence when the subject is raised as a civil rights matter or at trial or in an ethics review hearing. Nifong has been so hell-bent on indicting these guys he has taken the unheard of position of refusing to look at exculpatory evidence or to even talk to the suspects.

Now that the election is over, one has to wonder why he's still on this crusade to ruin the lives of these innocent young men.


1,433 posted on 05/16/2006 1:01:12 AM PDT by Jezebelle
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To: marajade

Really? you can't see how this has ruined the lives of all the team members, especially the three under indictment?

Let me ask you this: suppose you were accused and charged with three heinous felonies that you know you are completely innocent of, and you had to mount a multi-million dollar defense, post $400,000 bail - more than currently charged murderers in the same jurisdiction had to post - your potential career is ruined, your good name is ruined, you are expelled from school, no other school will let yoou transfer in, your parents are in tears and petrified, and you are facing spending the rest of your life in prison, starting from the age of about twenty?

Not a problem, eh?

Okay. Sure. Whatever you say.


1,434 posted on 05/16/2006 1:10:34 AM PDT by Jezebelle
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To: marajade

Yes, he will. So, do you view that eventual scenario as "no harm, no foul"? You don't see the devastating harm done innocent people by such charges?


1,435 posted on 05/16/2006 1:13:49 AM PDT by Jezebelle
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To: Howlin

That is she, as I posted earlier. It's definitely the same woman. She gave her name as Cory Peterson. I guess she thinks she's somebody to be reckoned with. She's just another loud moth race-baiter. I think Joe Cheshire fixed her but good by turning her words into a valid reason for a change of venue.


1,436 posted on 05/16/2006 1:21:58 AM PDT by Jezebelle
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To: marajade

Since you admit you haven't followed the case closely and are indeed clueless about it, how in hell can you, in the same breath, state that Mangum has the right to file this claim? THAT MAKES NO SENSE!!


1,437 posted on 05/16/2006 1:27:15 AM PDT by Jezebelle
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To: Locomotive Breath

Now, if Tucker would tell us the name of the 3 mystery men...


1,438 posted on 05/16/2006 3:21:10 AM PDT by Protect the Bill of Rights
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To: CedarDave
Justice should be blind, color blind in any instance. In spite of all the progress in civil rights over the past 40+ years, the race pimps continue to incite discontent and anger, and that hatred is backfiring, especially in a clear cut case like this seems to be. Yes the players may have acted in a rude and condescending way. And yes, they may have had alcohol and loud noise as young men are do. And yes they may have hire strippers for a party, also as college boys do (I attended one myself back 30+ years ago). But because of that indiscretion and those mistakes, they now have to pay for it in a way so outrageous as to make one question our justice system. So sad.

Justice should indeed be blind. And I'm not so sure the boys were rude. It strikes me that the behavior would be fairly typical for viewers of a Burlesque act. And the dancers were indeed performing a Burlesque Act. They appear to have not been very good at what they were hired to do.

Now, anyone can pick a TV channel, a movie, and in some cases, TV show to witness Burlesquian Acts 24-7. This was not so 30 years ago. Ergo, the accuser and other dancer are in a tough field of competition, IME.

1,439 posted on 05/16/2006 3:29:10 AM PDT by Alia
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To: CedarDave
As I said, things quieted down after that which I attribute to the national press rushing to interview her for the views of the "Black community".

As if "one" irate person could be representative of an entire race of people. My God, how disgusting that notion is.

1,440 posted on 05/16/2006 3:32:43 AM PDT by Alia
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