Grand jury may consider new charges in Duke case

Raliegh Observer ^ | 5/15/06 | Ben Niolet

[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.

[maggief]

I am certain Kim did want to get away from Kroger's ASAP. I find it very odd the DPD did not take her name or run a check on her car. Isn't that standard procedure?

[GAgal]

You're right. Here's where the Bissey chronology I posted was found, and other police missteps:

http://www.newsobserver.com/1185/story/434410.html

[Sacajaweau]

I've yet to see any standard procedures in this case yet.

[maggief]

Sorry if this is a repost:

http://www.theconservativevoice.com/article/14610.html


by Thomas Sowell
JUSTICE DELAYED?
May 15, 2006 10:48 PM EST

[darbymcgill]

I wonder if Kim had been physically able to get Crystal out of the car, would Kim have dumped Crystal in a ditch somewhere?

I agree... Getting the phone records is going to be so interesting... I know the the AV's phone was supposedly still at the house, but it will be interesting to see who called whom in the hours and days following... I wonder if the AV or her BF contacted Kim looking for her money or other stuff...

If Kim, the AV or some others in this are people w/o land lines, their actions surrounding the party are going to be a virtual open book...

[GAgal]

Sounds like the MIA Chief Chalmers may have once been falsely accused by his wife of domestic violence. Hmmm...

Then there is the false accuser's many past charges against people - her rapers in 1993, her husband in 1998, her babies' daddy for support, the nursing home where she worked briefly, and perhaps more unknown.

I wonder if making accusations and filing charges is commonplace in that community, and that's why Kim acted like what the players are now facing is no big deal, simply something they should "brush off, sit back, and relax" over?

[GAgal]

If the accuser's camera cell phone was recovered, and it contained images, those might be very interesting.

[ltc8k6]

Not with Nifong in possession of them. We'll never see them.

[maggief]

Here is more on the "cousin" posting on ABC11.

http://forums.go.com/abclocal/WTVD/thread?threadID=117080

Re: Re: Poor black stripper Author: Harleyloverinvt
There is no judge, no defense attornies, only a law enforcement official reading the charges.

But we have the relative (who made a comical appearance on GMA) now going around posting on the threads. You'd think the FA became mentally healthy by the way she is carrying on.

Enjoy it while you can, relative, because it's only just begun.
Posted: 5/16/06 12:27 AM


Author: tates5a
Harvey,

I am not that cousin. I told you before we come from a large family. I am a young male, but older than the victim. Please get your facts right.:(
Posted: 5/16/06 12:42 AM

[darbymcgill]

I find it very odd the DPD did not take her name or run a check on her car. Isn't that standard procedure?

I don't kow if that speaks to the skills of Kim or the cops...

[darbymcgill]

Re-reading the articles you posted, with what we know now makes them seems so much more bizarre. Especially the Kim makeover article.

I mostly read for the facts when I read those and gloss over the touchy feely stuff. But when I re-read the Kim article I noticed she had 4.0 and went to college, always pictured herself in a power suit, had a good job that paid well...etc... Then it was steal, have a kid, marry, divorce, now dancing...

She had the opportunity to live the true American dream and yet she sabotaged herself, why? "so she could have herself a secret"?....... HUH????

gimme a break...

[ltc8k6]

http://www.thesmokinggun.com/archive/0405061duke4.html

I thought a revisit of this probable cause statement would be timely.

It wasn't Evans who called the strippers, but Flannery.

The AV's claim is indeed that the nails broke off while she was scratching at her attacker's arms.

This affidavit says 4 fingernails were found. The warrant says 5 were found.

[F.J. Mitchell]

LOL! Both.

[rawhide]

I know that Nifong won the Democratic primary a couple of weeks ago, winning with 45% of the vote. Freda Black came in second with 42% of the vote. I know at the present time, there is no opposition on the Republican side running against Nifong. So unless the Republicans put up a candidate to run against Nifong, then he has will almost definitely will be reelected as Durham County DA.
I read where another candidate can run against Nifong and have their name included on the ballot, if they file by the end on June, as a Republican?

I would like to suggest that the Republicans get together and recruit Freda Black to run again against Nifong. Black pulled in a very good percentage of the Democrats in the primary. If Black would choose to run as a Republican, and she kept a good percentage of those who supported her in the primary, and in addition, she were to capture a sizable majority of the Republican voters, then maybe we would see Nifong defeated at the polls in November.

I would also think she would receive a lot of campaign contributions for her campaign from the many people who are disgusted with the way this DA has handled this case.

If not Freda, then please, I call on the Durham County Republicans to put up another candidate?

[snarkytart]

I thought he was from Bethesda? I would think that would be cheap for that area.

____

Bethesda is EXSPENSIVE!

[Protect the Bill of Rights]

Oh Shit--have I been in the Twilight zone?
re: your post

http://forums.go.com/abclocal/WTVD/message?messageID=655085
Re: Re: Poor black stripper Author: WCY3407
I KNOW HER MALE COUSIN THAT WORKS AT THE STRIP CLUBS IN RALEIGH. IT IS JACK NOT JACKIE~
Posted: 5/16/06 2:07 AM

Harvey,

I am not that cousin. I told you before we come from a large family. I am a young male, but older than the victim. Please get your facts right.
Posted: 5/16/06 12:42 AM

[GAgal]

I think the 4.0 GPA, and most of what Kim says, comes from her own troubled mind.

[maggief]

Fine family, eh?

[surrey]

My point was that a million dollar house in Bethesda would not be top of the line. I know it's very expensive.

[Sacajaweau]

All I'm looking for is a phone call made by Kim IN THE BATHROOM at the time of the alleged rape. I wanted be surprised if she called her "boyfriend" with a "What should I do?". Remember, she walked out with a smile, a sign of confidence after being so brutally raped.

When she fell, they probably laughed. At the same time, seeing that she was not hurt, they didn't touch her.

I'll tell you what. These boys used great restraint in the situation. Any one of them could have picked her up, thrown her over their shoulder and dumped her in the car. A picture like that would have been worth 100 witnesses to NiFong.

Instead, she's a cussing the white boys, threatening to call the police and walking on her own and there's not a hand on her.