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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: Alia; Howlin
Howlin and I were flipped out, big time, when earlier -- Cheshire offered to show Nifong evidence, and Nifong said he didn't want to see it.

Absolutely stunning, isn't it?

601 posted on 05/15/2006 12:48:15 PM PDT by Shelayne (Antique Media--losing value everyday...)
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To: mystery-ak
You misunderstood my post.....Barry Scheck is an expert on DNA...he may be able to help the simpletons on the jury how DNA can be contaminated laying in a trash can that is used by several people.....

I don't think I did. Barry Scheck got OJ off even though everyone in America knows OJ did it. Letting Scheck come within three counties of this trial would make it look like the families had hired him to get their sons off too.

It's going to be difficult enough fighting through the racial prejudice as it is. I don't think evidence is going to matter. I think the defense's only hope is to break the victim on the stand.

602 posted on 05/15/2006 12:48:24 PM PDT by nina0113
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To: Sacajaweau

I don't think he would play well to a Southern jury...


603 posted on 05/15/2006 12:48:49 PM PDT by Protect the Bill of Rights
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To: Locomotive Breath

Cheshire's remark about the black woman racist was calling a spade a spade. (Sorry, couldn't resist).


604 posted on 05/15/2006 12:49:19 PM PDT by Carolinamom
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To: Howlin

Wasn't there some knid of lubricant found in the bathroom? or in her purse or something??


605 posted on 05/15/2006 12:51:11 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Protect the Bill of Rights

Slim to none.


606 posted on 05/15/2006 12:51:13 PM PDT by Howlin
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To: nina0113

I have re-thought my post and I agree with you....nevermind...lol


607 posted on 05/15/2006 12:51:36 PM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: mystery-ak; All

sorry, forgot the quotes

victim = "victim"


608 posted on 05/15/2006 12:52:16 PM PDT by nina0113
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To: mystery-ak

bttt


609 posted on 05/15/2006 12:52:36 PM PDT by Txsleuth
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To: Shelayne

Kind of got ol' Judge Nap's attention, it did. I think he changed his mind during the presser. Now let's see if he flips again. What is he...a chameleon?


610 posted on 05/15/2006 12:55:20 PM PDT by txrangerette ("We are fighting al-Qaeda, NOT Aunt Sadie"...Dick Cheney commenting on the wiretaps!!)
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To: Howlin

I'm pulling for SNOT!
___________________________

That is what I thought it was along. But we will never know for sure. If there were enough material to know, then they would have a full 13 point DNA profile to match. They don't. So I suspect as a non-geneticist that there is no way to know what that small amount of material is?


611 posted on 05/15/2006 12:55:33 PM PDT by JLS
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To: Sacajaweau

Bottle of K-Y was listed as seized on the warrant, I believe. It's unlikely to belong to a guy, I would think.


612 posted on 05/15/2006 12:55:56 PM PDT by ltc8k6
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To: Sacajaweau

The infamous KY-Jelly


613 posted on 05/15/2006 12:56:00 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: Alia

When Evans said he wanted to clear his good name...I lost it. I put this poem in all my boys baby books....and have reminded them often of it....I don't know who wrote it. Part of it says...

About your name that your father gave you...

"When he got it from his father,
There was no dishonor there,
So make sure you guard it wisely;
After all is said and done,
You'll be glad the name is spotless
When you give it to your son.."

How dispicable of NiFong and his trained skank! I am furious that these kids have their names and pics all over the media....and the whore is protected. And her boyfriend/pimp! grrrrrrrrrrrrrrrrrr


614 posted on 05/15/2006 12:56:48 PM PDT by Jrabbit (Scuse me??)
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To: Peach

IMO what Nifong has in his head is if he doesn't see any exculpatory evidence then he can go right on doing what he is doing. If he saw it he would have to do things differently. He can say "well, I didn't know THAT. If I had I wouldn't have gone forward". Bad lawyer two step.


615 posted on 05/15/2006 12:57:20 PM PDT by gopheraj
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To: Alia
This is not how it works. But Nifong put his nose in the air and all but declared---"I SHALL NOT BE TAINTED BY FACTS!"
--

The guy is a hardcore liberal who brags of the "diversity" of his own team in the DA office. This case is serves a larger purpose for LIEfong and the other race pimps. Unfortunately, your hypothetical quote above is EXACTLY how most liberals I know operate. Words and purposes matter; facts do not.
616 posted on 05/15/2006 12:57:32 PM PDT by Carling (It's Danny, Sir)
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To: JLS

I wish I knew if it could rightly be called "tissue", as the DA's office leaked.


617 posted on 05/15/2006 12:57:32 PM PDT by GAgal
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To: JLS

Perhaps......A little snot spot!


618 posted on 05/15/2006 12:58:10 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Sacajaweau

KY Jelly. Something a "dancer" shouldn't need.


619 posted on 05/15/2006 12:59:50 PM PDT by TommyDale (North Carolina looks forward to the disbarring of Mike Nifong.)
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To: sissyjane

It just makes me go hmmmm because we haven't heard anything more about it.


620 posted on 05/15/2006 1:00:01 PM PDT by Sacajaweau (God Bless Our Troops!!)
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