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Gag order sought in lacrosse case (NAACP Wants Gag Order)
Durham Herald-Sun ^ | May 25, 2006 | PAUL BONNER

Posted on 05/25/2006 5:04:51 AM PDT by abb

DURHAM -- A lawyer with the state NAACP said the civil rights organization intends to seek a gag order in the Duke lacrosse case, and a journalist who participated in a forum with him on Wednesday said media coverage of the alleged rape may deprive the alleged victim of her legal rights to a fair trial.

Al McSurely, an attorney who chairs the Legal Redress Committee for the state National Association for the Advancement of Colored People, said he generally respects the defense attorneys in the case as colleagues. But they are violating the State Bar's rules of professional conduct that discourage comments outside court that are likely to prejudice a case, he said.

The NAACP will try to intervene in the case to file a "quiet zone/let's let justice work" motion. That is otherwise known as a gag order, he acknowledged, although he said he doesn't like that term.

McSurely's comments came amid the first-ever Durham Conference on the Moral Challenges of our Culture at First Presbyterian Church downtown. The session gave the approximately 150 people who attended a chance to hear a series of talks and discuss among themselves sexual and domestic violence, racism, class distinctions and the media.

(Excerpt) Read more at herald-sun.com ...


TOPICS: Chit/Chat
KEYWORDS: crystalgailmangum; duke; dukelax; durham; lacrosse; naacp; nifong
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To: GAgal

I was wondering how the SBI could miss that. So let's assume they didn't. Why, at that time, didn't Nifong go out and get Crystal to ID the three guys it could be? Why wait for the second DNA?


101 posted on 05/25/2006 9:55:35 AM PDT by Locomotive Breath (In the shuffling madness)
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To: David Allen

"Why don't they just wear clown suits and arrive 9 in a little car?"

Didn't you see the shots of the New Black Pampers? They had their clown suits on. These people are all part of the same racists group. I am sure the Pampers are all card carrying members of the NAALCP.


102 posted on 05/25/2006 10:07:31 AM PDT by Hogeye13
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To: abb
What will it take to Dis-bar Nifong for judicial misconduct?

103 posted on 05/25/2006 10:07:52 AM PDT by Uri’el-2012 (Hosea 6:6 For I desire mercy, not sacrifice, and acknowledgment of God rather than burnt offerings)
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To: All
Avoiding the issue!!

NiFong has already said that there have been many rape convictions without evidence of DNA and I'm sure that is true.

What he hasn't said is what we should be looking at: "No one has ever been convicted of rape if they weren't in the room with the victim at the time of the rape".

When the two boys left after calling for a cab, they became the alibi for the third. The third boy doesn't even need an alibi. There were three boys with all their hands on her at the same time according to Crystal. No one was talking on the phone.

NiFong and the "biased" media have been avoiding the time element like the plague. Fortunately, we have become privy to some of the data but not all of it. The time frame will be so narrow, that the physical possibility of rape becomes impossible.

Looks like Crystal gave the DA a freebie!!

104 posted on 05/25/2006 10:08:07 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: darbymcgill
If she had recent sex with three men, then there should be three separate DNA's. If two were protected, which they obviously were, then she knew all along which one it was.

So why did she even admit to 3 possibilities. Something isn't quite right.

105 posted on 05/25/2006 10:11:04 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Locomotive Breath
Only match was to her boyfriend is what we were told - definitely none to the LAXERS. Whether there was a primordial mix of others there, as well was not included in the information I've seen. Then, there was the "fingernail" which showed a link to D. Evans who lived in the house, picked up the nail and gave it to the police from the wastebasket where it lay among normal bathroom trash items.

The AV stated to SANE and Nifong that she hadn't had sex with anyone else that night, however, with the results of the first DNA test, Nifong knew that couldn't be correct. The AV was contacted by someone at that point, and she fessed up to having had consensual sex with three other men (her boyfriend and her "drivers"). The "drivers" were questioned whereupon they said they took her to at least 8 jobs at a hotel the previous weekend. Whether she was hired as a "dancer" or "prostitute" is yet to be determined, but I imagine the defense attorneys will be pressing a P.I. to find out who hired the AV the weekend prior -- big bucks, you guys, major expenditure of cash on the part of these families to save their children. For the life of me, I hope there's Divine Justice on this.
106 posted on 05/25/2006 10:11:32 AM PDT by Constitutions Grandchild
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To: XeniaSt

Q: What will it take to Dis-bar Nifong for judicial misconduct?

A: Nifong (See Court TV thread at http://boards.courttv.com/showthread.php?s=337fd28bd2897d80486b3fe967914d1c&threadid=265413)

Yesterday, Boardom, saddleburr and others joined together to savor some of Nifong's legendary proclaimations.

Please add any more that you've got. Perhaps later we can create a vocab list or cheat sheet of Nifongese so we can decifer future comments.



"I still think that the racial slurs that were involved are relevant to show the mind-set, I guess, that was involved in this particular attack, and obviously, to make what is already an extremely reprehensible attack even more reprehensible." - Mike Nifong


"I'm trying to be as honest and as straightforward as I can without jeopardizing the case, without being unfair to any person," - MN

"I would not be surprised if condoms were used," he said.

He said he could jeopardize the case by rushing forward with incomplete evidence. "I don't want to arrest the wrong person in any case," Nifong said.

"By next week, we'll know precisely who was involved." - MN

"I'm confident a sexual assault took place in that house," Nifong said, echoing a statement he made earlier on in the investigation. "If I didn't believe her, then I would not be basing any of my decisions on what she said."

Last month, defense attorneys publicly stated that DNA samples taken from 46 Duke lacrosse athletes cleared the players, but Nifong hinted on Wednesday that there may be more to
the DNA tests than defense attorneys are sharing.

"My guess is that there are many questions that many people are asking that they would not be asking if they saw the results," Nifong said. WRAL has asked defense attorneys to share information on the DNA results, but they have declined the request. Nifong cannot release the DNA results because doing so would be against state policy, he said.

"They're not things that the defense releases unless they unquestionably support their positions," Nifong said. "So, the fact that they're making statements about what the reports are saying, and not actually showing the reports, should in and of itself raise some red flags."- MF


"The reason that I took this case is because this case says something about Durham that I'm not going to let be said," Nifong said. "I'm not going to let Durham's view in the minds of the world to be a bunch of lacrosse players from Duke raping a black girl in Durham."- MF

"I've told everybody who has asked me that I do believe a sexual assault occurred," he said. "I haven't pointed a finger at anybody. It is possible -- I don't expect this -- it's possible that the DNA could come back, and we would see that it was someone who didn't match the profile of the lacrosse players."- MF


"It doesn't mean nothing happened," Nifong said at a public forum at North Carolina Central University, where the 27-year-old alleged victim is a student. "It just means nothing was left behind."- MF

"In terms of what I said, no, I wouldn't say I regret anything I've said," - Mike Nifong








107 posted on 05/25/2006 10:13:51 AM PDT by TBBBO
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To: Sacajaweau; ladyjane
So why did she even admit to 3 possibilities. Something isn't quite right.

Please note several of l.j. posts.. She's been trying to make the point for a long time that just because they only found one match doesn't mean that there wasn't other DNA found that they couldn't match...

I agreed with her some time back that they didn't say there wasn't any other DNA found in her. They have only said there was a match found to a single male source

Many, self included initially ran with that as they only found evidence of DNA in the vaginal swab to one DNA and one SOURCE... They really haven't said that... exactly...

108 posted on 05/25/2006 10:17:24 AM PDT by darbymcgill
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To: darbymcgill

" Do we know they took samples from the "drivers"? I hadn't heard that.. "

I am vague on that also.
I assumed that CM named her "drivers " as the donors, rather than those she entertained at the motels.
Because that way, it would make the driver/ CM sex voluntary- while the CM / motel client sex would be prostitution.


109 posted on 05/25/2006 10:22:46 AM PDT by Wild Irish Rogue
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To: Hogeye13

I can remember watching the leader of the New Black Panthers before he even went to law school. He was a skinny kid then, doing warm-up speeches for Farrakhan.

I used to watch some of Farrakhan's long, racist diatribes, just to hear it for myself. He ran them on public access. He may still do that. I don't know. You hear one three hour speech from him, you've heard them all.

Anyone who doesn't repudiate him lacks any moral standing.


110 posted on 05/25/2006 10:22:52 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: Constitutions Grandchild
I'll betcha the Defense's PI's tracked these dudes down. The DNA didn't match up with a Duke source and that was all the defense needed to know.

Best bet: An honest cop, an informer or records from the prostitute scandal. Cops know who these hookers are, where they hang and who their pimps are. Durham is not unusual.

111 posted on 05/25/2006 10:27:12 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Sacajaweau
"NiFong has already said that there have been many rape convictions without evidence of DNA and I'm sure that is true."

This may be true, especially if there is a condom used or that there is a delay in reporting the crime or the accuser has taken some action that destroys the evidence. In this case, however, the presented facts clearly dictate that there should be DNA evidence and its absence says a lot about the viability of the case and the veracity of the AV. Therefore, Nifong statement and its repetition by others is totally spurious given the facts of this case.

112 posted on 05/25/2006 10:30:39 AM PDT by bjc (Check the data!!)
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To: bjc

The whole point of my post 104 was NiFong and the media avoiding the time element....as if he can change the world clock.


113 posted on 05/25/2006 10:34:35 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Wild Irish Rogue
Because that way, it would make the driver/ CM sex voluntary- while the CM / motel client sex would be prostitution.

More likely because she used condoms with her motel clients and not her "drivers".

114 posted on 05/25/2006 10:35:06 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Sacajaweau
Avoiding the issue!!

You are correct. Unless they claim injuries to sexual parts which I highly doubt based on swelling her sex with three other guys that night will not come in during a trial. It likely means the SANE report will not come in either.

The issue in this case is litterally going to be the testimony of Mangum v. the alibis of the students v. her own past claims. I am beginning to think the case will look like:

1. Mangum testifies she was raped and IDs the three players unless the ID is thrown out by the trial judge or on appeal.

2. The police who conducted the search of the house authenticating the press-on nail from the trash can.

3. A DNA expert talking about a partial match to one player.

4. The prosecution rests.

You might ask:

A. What about the SANE or the MD Nifong noticed the defense? What can either say? If either mentions injuries, that brings in all the other men. There is no DNA the SANE collected to discuss. There is apparently no tox report to discuss. Mabye these two witnesses will talk about her physical injuries, ie bruises and cuts?

B. What about Roberts? She has terrible credibility problems. She would have to testify about not being in the room with Mangum. etc.

Any witness I am missing? It sounds like if this ever goes to trial the prosecution case may be a very short one.
115 posted on 05/25/2006 10:35:25 AM PDT by JLS
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To: David Allen

In the eastern NC city I used to reside in, Farrakhan's followers stood on street corners on Fridays and handed out his paper. I took one to see what it had to say. Needless to say it was very disturbing.

In my opinion all of these groups and their leaders lost their "moral standing" long ago. Even though I grew up in the south and lived there most all of my life, I have always considered myself fairly unbiased in racial matters. Always tried to judge people by the content of their character long before the famous MLK speech. More and more, I begin to question how I can remain unbiased in light of the total lack of character exhibited by the so called leaders of the black community.


116 posted on 05/25/2006 10:44:18 AM PDT by Hogeye13
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To: JLS
Any witness I am missing?

yah.... Bissey...

NIFONG: Isn't it true Mr. Bissey that you heard these boys making racially charged comments to the women..

BISSEY: yah...

NIFONG: Did you hear the girls make any racially charged comments to the boys...

BISSEY: nope...

NIFONG: There you have it... these boys musta raped that girl... the state rests...

117 posted on 05/25/2006 10:44:32 AM PDT by darbymcgill
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To: JLS
The defense will do something to bring this to a head much sooner. It may come when they review the telephone data in the judges chambers which should occur within the month.

No judge wants to be made an a** of by a DA.

Trials are rescheduled all the time. I really don't think this will go on much longer. The NAACP jumping in with a desire for a "gag order" is a good sign for the boys, not a bad sign.

118 posted on 05/25/2006 10:44:44 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Hogeye13

That's what I'm talking about. Where are black leaders when it comes to Farrakhan? I'll answer that question. They have caved in, rather than offend. As long as Farrakhan keeps the racist coals stoked, he's doing his part for them.


119 posted on 05/25/2006 10:47:27 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: Sacajaweau
"May deprive the rights of the victim to a fair trial??"

Interesting statement. Do they expect her to be on trial eventually? That's certainly the implication.

That's how they're gonna slither out of this thing. If it doesn't go to trial they'll say "she was deprived of her right to a fair trial" and the Duke players will never have their names cleared.

120 posted on 05/25/2006 10:47:32 AM PDT by uncitizen (" We are a nation of NATIVES")
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