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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: ltc8k6

http://www.thesmokinggun.com/archive/0405061duke2.html

#11....


1,601 posted on 05/16/2006 7:50:52 AM PDT by ltc8k6
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To: ltc8k6
Entirely possible that stuff was picked up out of the yard and not in the bathroom as we have been assuming. And we can't assume that the ID was in the makeup bag. It could be that when she fell everything went flying and, in the dark, not all of it was picked up and put in the car with Kim. Based on the state of the yard shown in the photos, I doubt the residents were the kind to be picking up the yard on a regular basis. I guess we'll just have to wait to find out.
1,602 posted on 05/16/2006 7:51:43 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

I'm thinking it was picked up in the yard by where it's listed. It's listed first, and all the stuff in the bathroom is listed last, with the electronics in between.


1,603 posted on 05/16/2006 7:55:53 AM PDT by ltc8k6
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To: GAgal

As I recall Gottlieb also busted a major case involving local gang members.

Durham is really not all that big a place, especially if you narrow it down to the city limits and then to those neighborhoods where the police devote a disproportionate amount of their activities.

Between his domestic violence cases and the local gang investigation Gottlieb must have developed an extensive personal familiarity with quite a number of the people who live in Durham's worst neighborhoods. I wonder if that included Crystal and/or her boyfriend.


1,604 posted on 05/16/2006 7:57:57 AM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn
recall from her search warrant that police were looking for her "ID" as well at the house. Do you recall if they recovered that?

Yes they did... here's the inventory

1,605 posted on 05/16/2006 7:58:24 AM PDT by darbymcgill
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To: Locomotive Breath

That means the bag sat in the yard for 2 days, though.

I guess it could have.


1,606 posted on 05/16/2006 7:58:32 AM PDT by ltc8k6
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To: ltc8k6
Well the other stuff sat in the bathroom for two days and it was still there to be found. Guys that age are not real good on pickup and hygiene.
1,607 posted on 05/16/2006 8:01:56 AM PDT by Locomotive Breath (In the shuffling madness)
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To: ltc8k6

Check out all the junk in the yard in the 4th photo:

http://www.freerepublic.com/focus/f-chat/1617550/posts?page=1013#1013


1,608 posted on 05/16/2006 8:02:40 AM PDT by SirJohnBarleycorn
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To: Locomotive Breath

Yep, and none of it would still have been there if a gang rape had been carried out.


1,609 posted on 05/16/2006 8:03:25 AM PDT by ltc8k6
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To: Sacajaweau
The DNA of Crystal should absolutely be on the "underside" of the nail if they had been used for scratching and fell off because of how these are applied. If she dumped them on the vanity or whatever and never applied them, no sticky and no DNA on the underside.

Interesting, very interesting. - Sherlock Holmes

1,610 posted on 05/16/2006 8:04:49 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: SirJohnBarleycorn

That's a lot of junk.


1,611 posted on 05/16/2006 8:06:29 AM PDT by ltc8k6
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To: Locomotive Breath
You're assuming that the smaller of the two bags she's seen riffling through in the photo on the back porch is the same one found later in the bathroom. Do we know that?

No, we don't for sure.. We know they found a makeup bag and we can see inside the one bag she's holding on the porch and there appears to be makeup looking stuff in there... That's all I know...

The initial police report says that she was robbed of $2000 and her Sanyo cell phone worth $300. The police list a couple of cells phones in the inventory and have later stated they recovered her makeup bag, cell phone, and other items from the house.

I know again this could be semantics, but I looked up the Verizon model numbers listed on the inventory and none appeared to be Sanyo models...

Since the search warrant only claims to be looking for $400 and none of the cell phones found were Sanyo, could this possibly mean that at some point the AV changed her story???

1,612 posted on 05/16/2006 8:09:35 AM PDT by darbymcgill
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To: maggief

Dad: "She would never do something like that." [Make a false accussation.]
_______________________________________

This is pretty rich from a guy who claims there was no rape the last time she went to the police and reported she was raped.


1,613 posted on 05/16/2006 8:10:21 AM PDT by JLS
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To: za_claws

The poster was just willfully uninformed.


1,614 posted on 05/16/2006 8:10:32 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead; Sacajaweau

Has anyone seen this fact about the DNA being on the OUTSIDE of the nail reported in an actual news article or disclosed in a statement by defense lawyers?

I heard Jeanine Pirro say this, and then I heard Susan Filan say it. Did people here just hear it from these two, or is there an original source for this?


1,615 posted on 05/16/2006 8:10:35 AM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn

The nail helps the defense in three different way. First, it shows how extraordinarily sensitive the tests are, as the nail picked up dna from multiple sources. As such, it remains patently unbelievable that her other nails, clothers, body and so forth did not pick up any DNA. While the spinning experts say sometimes there is no DNA, I have yet to hear one explain how there is no DNA on her but on the nail. Second, it has multiple people but not CF or RS and as such you would have to conclude that if she was held down by three people, they have two of the wrong guys. Finally, it is not on the underside of the nail, and so it does not confirm her story.

I am sure there is more but the one thing you will never hear is a pro-prosectuor explaining, even as a workign theory, how all of this fits together with her story.


1,616 posted on 05/16/2006 8:14:44 AM PDT by streeeetwise
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To: JLS
This is pretty rich from a guy who claims there was no rape the last time she went to the police and reported she was raped.

That's gonna leave a mark. LOL.

JLS should be put in charge of preparing the cross...

1,617 posted on 05/16/2006 8:15:53 AM PDT by SirJohnBarleycorn
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To: streeeetwise
As such, it remains patently unbelievable that her other nails, clothers, body and so forth did not pick up any DNA.

Even more important to me is that there was none of her bodily fluids found in the bathroom- if such a rape really occurred, it is hard to see it happening without any blood or vaginal fluids both in the bathroom or on her clothing.

1,618 posted on 05/16/2006 8:18:52 AM PDT by LWalk18
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To: streeeetwise

Good points.


1,619 posted on 05/16/2006 8:18:54 AM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn
Has anyone seen this fact about the DNA being on the OUTSIDE of the nail reported in an actual news article or disclosed in a statement by defense lawyers?

I think it's the over active imaginations of the talking heads... Unless they have more information than the defense attorneys... I listened to Chesire's statements and he alluded to the condition or location of the DNA but as best I can recall he did not say it was found on the outside of the nail... I have it on TIVO, I'll listen again later...

1,620 posted on 05/16/2006 8:19:17 AM PDT by darbymcgill
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