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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: Sacajaweau

You hit nail on the head about this helping the players. Their lawyers will have a field day. The motion gives the defense the opportunity to bring into evidence for hearing on the matter testimony and tape of Nifong's many public statements.

This is a GIFT to the defense, but the NAACP lawyers are too uninformed and clueless to know that. Of course, the short route is to bust them on the Standing issue, since they have none.


121 posted on 05/25/2006 10:50:57 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: uncitizen

No, they're worried that charges will be filed against her. Then they will have to defend their "sister". There were a lot of suits filed after the Brawley case...defamation suits. It cost the "sister defenders" a lot of money..


122 posted on 05/25/2006 10:53:53 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: David Allen

Jesse Jackson, Al Sharpton and the NAALCP all do a very good job of keeping the racist coals blazing. Farrakhan is just a small tool they keep around to help.


123 posted on 05/25/2006 10:54:13 AM PDT by Hogeye13
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To: JLS
All of this hangs on how much citizens' of Durham want a lynching of three white boys -- guilty or innocent -- it all depends on a jury and where the trial is held. If what all the locals say on this post is true, it may be impossible to try this case in the State of North Carolina.

In the end, the three (I believe, innocent) young men will receive as much justice as their parents can pay for. That, my fellow Freepers, is what is wrong with out justice system.

That's why there are some angry middle class and poor folk around the country who have suffered more than words in this short space can say. Unless, or until, there is a change in our system that requires all investigations to be made by the police prior to an arrest, the word of any miserable liar will serve to convict or irreparably damage the good names of many -- regardless of race or ethnicity. I realize this is all we have -- and it's the best the world has to offer, but it is a far cry from perfect. The AV is a Criminal Justice major -- she knew how the system would work. She's seen it from both sides.
124 posted on 05/25/2006 10:55:06 AM PDT by Constitutions Grandchild
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To: JLS

No attorney with half a brain would let Magnum testify. That gives the defense the right to cross examine.


125 posted on 05/25/2006 10:56:33 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: darbymcgill; Sacajaweau

I think the neighbor hurts the DA because he messes up the time frame the DA wants to put forth.

As for no Judge wanting the DA too make him look bad, that is true but a judge could also be trying to not make his protegee look bad.

I am surprised there has not been some adult in Durham to force these clowns to put a stop to this. The judge need only throw out a bad ID and this is over. Nifong can pretend that was not his fault and Durham has a slight fig leaf.


126 posted on 05/25/2006 10:56:35 AM PDT by JLS
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To: abb

This entire affair ... Trial by Media ... makes me gag. This is a matter for a jury now, not the Media and Pundits. OK, I'm done now.


127 posted on 05/25/2006 10:59:04 AM PDT by sono ("Why can't we deport them? Mexico did." J Leno)
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To: JLS

I am surprised there has not been some adult in Durham to force these clowns to put a stop to this. The judge need only throw out a bad ID and this is over. Nifong can pretend that was not his fault and Durham has a slight fig leaf.


This is why it is not a good practice to have a supervisor handling an investigation. There is no one available to make an independent evaluation.


128 posted on 05/25/2006 11:01:04 AM PDT by TBBBO
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To: Sacajaweau
No attorney with half a brain would let Magnum testify. That gives the defense the right to cross examine

This case will not go forward if she does not testify. She and the DNA on the fingernail expert are the only two witnesses we can be sure would have to testify.
129 posted on 05/25/2006 11:01:27 AM PDT by JLS
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To: abb
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.

Hmmm... I always thought the accused had a right to a fair trial. Silly me!

130 posted on 05/25/2006 11:02:35 AM PDT by MortMan (Trains stop at train stations. On my desk is a workstation...)
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To: JLS

We had the second biggest criminal attorney in a nearby city taken down. Everyone thought the judge would be lenient. That didn't happen. Even I was surprised. We got the point. Nobody was going to tell him how to run his court.


131 posted on 05/25/2006 11:02:51 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Locomotive Breath

I think Nifong asked her about the other sources of the semen as soon as the first results came in. Since the nail DNA was "inconclusive" he was able to use that as his excuse to send the samples to the private lab, keeping hope alive in Durham that a match could still be made.

Meanwhile, he had the boyfriend "swabbed" on May 3, the day after his primary win. No coincidence imo. With win safely in hand, he sent the new swab, and I presume those of the two "drivers", to be examined in a "rush" job allowing those results to come back with the original 46.


132 posted on 05/25/2006 11:04:25 AM PDT by GAgal
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To: unixfox

Put her in the DOCK!


133 posted on 05/25/2006 11:04:36 AM PDT by MortMan (Trains stop at train stations. On my desk is a workstation...)
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To: darbymcgill
Do we know they took samples from the "drivers"? I hadn't heard that..

There was a report that they had collected DNA from 3 additional males...the boyfriend and two others who were not players. At the time I thought they meant guests at the party. I'll see if I can find anything.

134 posted on 05/25/2006 11:07:20 AM PDT by Krodg
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To: Constitutions Grandchild

CG I am really curious about your statement regarding the false accusers major. I have been doing some research into the statements regarding her being a student at NCCU. I read last night that she was a Police Psychology major. In another article it indicated that she had received an Associate Degree from Durham Tech CC in 2004 but other places she is said to be a sophmore at NCCU.

I read several blogs with articles about the vigils held at NCCU with quotes from numerous students. Unlike the Duke lacrosse players that many students recognized and spoke highly of, there were none interviewed at NCCU that indicated that they knew the FA or had classes with her.

I read in another place early in this debacle that she had recently accumulated a 3.0 average. Strangely, her name does not appear on the Dean's list for the Fall 2005 semester, the most recent time that a grade point average could have been accumulated, I believe.

I am still having a hard time believing the so called student status of the FA.


135 posted on 05/25/2006 11:15:59 AM PDT by Hogeye13
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To: Krodg
It still doesn't make sense that Crystal identified 3 possibilities. The word "boyfriend" seems to have evolved as "truth" from a coversation with her mother and "drivers" seemed to evolve into "truth" based on speculation.

Until we see some official documentation, we don't know beans about any one of the three she "supposedly" identified.

Who knows. After what she pulled, they may have just walked in the door before she pulls the rape cr** on them. Don't forget, this little "Mother of the Year" is out of business!!

136 posted on 05/25/2006 11:16:59 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Hogeye13
I am still having a hard time believing the so called student status of the FA.

I agree, Hog. I suspect it was made up out of thin air by the DBM early on...

137 posted on 05/25/2006 11:19:14 AM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: Hogeye13
You might have better luck by googling "College Grant Scams" to see how they pull them off. :-)

Think maybe Jesse wrecked that for her!!

138 posted on 05/25/2006 11:20:06 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: TBBBO

It's interesting that you switched to "MF" for Nifong's initials on some of your quotes!!! ;-P


139 posted on 05/25/2006 11:21:19 AM PDT by MortMan (Trains stop at train stations. On my desk is a workstation...)
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To: Sacajaweau

You might be right. I might be looking in all the wrong places. LOL


140 posted on 05/25/2006 11:21:53 AM PDT by Hogeye13
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