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.

[TommyDale]

I think the Grand Jury licks Nifong's boots twice monthly.

[Ken H]

Interesting site to to check out--

http://www.friendsofdukelacrosse.blogspot.com/

[sissyjane]

Why thanks for enlightening me Mr. Dale. I wasn't sure.

[jiggyboy]

Nancy Graceless is on in 15 minutes, looks like she's frothing at the mouth with evil glee. I've started a Nancy Grace thread for real-time discussion &c to take the heat off this one, y'all come on over

[TexKat]

David Evans, second from right, senior captain of the Duke lacrosse team makes a statement in front of the Durham County Detention Center before turning himself in Monday, May 15, 2006, in Durham, N.C. Evans was the third player indicted for the sexual assault of an exotic dancer. At right is attorney Joe Cheshire, and surrounding Evans at rear are other senior members of the Duke lacrosse team.(AP Photo/Gerry Broome)

AP - Mon May 15, 3:36 PM ET David Evans, right, senior captain of the Duke lacrosse team stands in front of the Durham County Detention Center with his parents Rae, left, and father David, before turning himself in Monday, May 15, 2006, in Durham, N.C. Evans was the third player indicted for the sexual assault of an exotic dancer.(AP Photo/Gerry Broome)

David Evans, right, senior captain of the Duke lacrosse team stands with other senior members of the team in front of the Durham County Detention Center before turning himself in Monday, May 15, 2006 in Durham, N.C. Evans was the third player indicted for the sexual assault of an exotic dancer.(AP Photo/Gerry Broome)

David Evans, senior captain of the Duke lacrosse team, listens as his attorney makes a statement in front of the Durham County Detention Center before turning himself in Monday, May 15, 2006 in Durham, N.C. Evans was the third player indicted for the sexual assault of an exotic dancer. (AP Photo/Gerry Broome)

Durham County District Attorney Mike Nifong listens to questions from reporters at the Old County Courthouse in Durham, N.C. Tuesday, May 2, 2006. Nifong, the lead attorney in the case against members of the Duke lacrosse team won the race for District Attorney by a narrow margin.(AP Photo/Gerry Broome)

[RecallMoran]

Thanks. I can enlarge that last one for my dart board.

[GAgal]

Carolinamom noticed that Evans made no mention of Duke in his speech. Very telling.

[JLS]

Who then was the woman behind Evans as he gave his statement?

[JLS]

Yep it is one thing for a DA to go after white trash for racial payback, it is another thing when it could be their families.

[Tarheel]

Do you think that one might become a "sexual assault nurse" because you have an AGENDA?

This is a very astute comment. I am a nurse with 10+ years experience. SOME of these SANE nurses are not as objective and realistic as they should be.

[OrinocoJack]

Kerry Sutton.

Victim of Nifong's tirade

[F.J. Mitchell]

I have no idea, Howlin.

[GAgal]

All that pic of Nifong needs is a witch's hat and a cackle, and he'd be a dead ringer for Margaret Hamilton saying, "I'll get you and your little dog too!"

[JLS]

Yeah I pointed that out in my transcription in real time. He thanked many but not Duke. After hearing the end of his statement a second time, he thanked those many people in the community that supported them. I think he meant the Duke community, but pointedly not Duke.

His statement is a nightmare for Duke University. What mother would allow their child to go to Duke after seeing him and knowing that Duke threw him under the bus when a couple of feminazi on the faculty put a little heat on them.

[toldyou]

LOL!

[pj_627]

"I think Dave Evans' appearance was so powerful that it woke some of them up."

Some of them for sure. At least that's a start. Before he spoke he was just an image to them, and they supplied the description of who and what he was as a person. An evil "frat boy". We all know the field day the press has with THAT expression. Totally negative. Just a "partying, amoral, rich boy who would thing nothing of mistreating this poor, single, black mother."

By going on camera and speaking directly to us, and them, he showed himself to be very much like "us". That could be my son, or yours, or, gasp, theirs.

pattyjo

[F.J. Mitchell]

Thanks for the transcript, Peach. I got distracted and forgot to tune in.

[Protect the Bill of Rights]

He mentioned his coasch as well all would expect--double telling.
Yes-coach who was forced out.
No - Duke who abandoned the team.

[Protect the Bill of Rights]

He mentioned his coach as well all would expect--double telling.
Yes-coach who was forced out.
No - Duke who abandoned the team.

[streeeetwise]

Most Duke alums are sickened by the University's response. Even if the lacrosse team had arguably committed a crime, the University should have taken a stand against prosecutorial abuse. Even if it had been unpopular, that would have been the right thing to do. It is easy to rant and rave about injustice 10000 miles away, but harder when you have to make difficult decisions and actually alienate people. Even today, a Duke official talked about letting the process work and getting the truth out. Absurd, there has to be a fair process to start.

Sad day for the current administration.