Gag order sought in lacrosse case (NAACP Wants Gag Order)

Durham Herald-Sun ^ | May 25, 2006 | PAUL BONNER

[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.

[Mike Nifong]

Thank you

[David Allen]

Wonderful. Then you shouldn't have any problem believing that the defendant should have the option of having a jury trial or a bench trial. Frankly, I suspect that is true in every jurisdiction in the US.

I'm not going to publish my curriculum vitae.

[JustaCowgirl]

Yes she has backed out of pressing charges before, but she's got different stakes at work in this instance that she probably never anticipated, and a different set of people leaning on her than she's ever had.

CGM is a two-bit ho who probably always does the first thing she can think of to game the system and get things going her way. She probably doesn't think more than one step beyond the next move, which is what has gotten her in the hot water she's in right now.

[Mike Nifong]

Exactly, she's small time and a low life.

Someone made more money off Crystal than Crystal did off Crystal.

Pimps are also experts at sizing up someone's weaknesses. What wouldn't she do for some drugs?

And tonight they said on Hannity and Colmes that they did take blood and her blood could probably be checked for illegal drugs, intoxication, etc. (I think they need Urine for the Date-Rape Drug detection). One guest even said they would've tested it by now, if they still had it.
I don't think they can, by law. When Crystal claimed herself a victim of sexual assault, a whole new set of privileges opened up to her. If Crystal declined, they can NOT got back and test it without her approval.

[JLS]

If their notes still exist.

The apparently were in the discovery or at least somethings in the discovery indicated her changing story.

It going to be hard for a Durham PD officer to take the stand and testify that the woman was all over the place and, frankly, unbelievable. They may acknowledge certain things and then answer the opinion questions in support of the Offical DPD position. Is is your professional opinion that the woman was traumatized? Yes.

You are confusing direct with cross. Here is the cross of a typical DPD officer:

Q: You spoke to Ms. Mangum at 1:30 am after the lacrosse party?

A: Yes.

Q: She claimed to you that she was raped?

A: Yes

Q: You took her complaint seriously didn't you?

A: Yes.

Q: You transported her to DUMC didn't you?

A: Yes.

Q: But while taking her complaint seriously you, had some doubts about her story?

A: No. [This answer could just as well be Yes.]

Q: Did you put out an APB on the Duke lacrosse players?

A: No.

Q: Did you secure the house the party took place in to preserve any evidence in it?

A: No.

Q: Did you immediately seek a warrant to search the house?

A: No.

Q: Did you look for and collect any evidence clearly visible laying around the yard where the party took place?

A: No.

Enough such questions of enough DPD officials and any legit jury will see that no matter what they say now about her story, something was causing them to doubt her and not act quickly that night.

And then instead of I heard the Captain on the phone it may be I THINK I heard him say. Doesn't take much to shade one way or another.

Yep, you can shade what you heard but not what the information you had caused you to do.

[Ken H]

You've got a decent shot at having 3 jurors who think well enough to buck the DA, if you make your case.

Let's say one juror refused to vote guilty-- would that be a not guilty verdict? If not, how many not guilty votes would be needed? At what point does it become a hung jury?

[Mike Nifong]

Very good. Very probing cross.

Hope it isn't lost on a closed-minded Durham Jury, but that's another issue.

[bjc]

Nicely done.

[JLS]

In criminal matters:

12 votes to convict = conviction.

12 votes to acquit = acquital.

Anything in between is a hung jury.

[Unless you are in Florida and have a 6 person jury then 12 above becomes 6.]

[Mike Nifong]

And if a Hung Jury (not 12 to convict or aquit) ..

The prosecutor can try them again.

[Mike Nifong]

Patrick Baker drives a Range Rover - that's some big bucks for a civil servant. A typical Range Rover is $ 90,000

We may be getting closer to something

[ladyjane]

My sense of things is that CGM is in grave danger

I think they both are (CGM more than the other one) and have been ever since this case hit the national news. It would probably be an accidental drug overdose, a la Marilyn Monroe

[Mike Nifong]

Patrick Baker is 38 years old and drives a Range Rover.

Quite spectacular for Durham with its old time entrenched politicians and city power players.

Range Rover on a civil servant's salary?

[Mike Nifong]

Baker

38, Drives a Range Rover; Neither of his parents attended college; and his wife doesn't work.

[Protect the Bill of Rights]

I've asked this on another thread, but did not get an answer. How corrupt must it be for a higher authority to get involved in a case. Is there a line that must be crossed or a specific triggering event?

Even if I accepted the "silver bullet" theory (which I don't) what would it take for a higher up to go to Nifong and say what do you have?

What are the checks for a corrupt prosecution?

[David Allen]

You only need one to hang up the criminal jury. You need at least 3 to tie up a civil jury. It takes only one to block conviction, but in a civil case, it takes at least 3 to block, and that's if the jurisdiction uses the 10 of 12 jurors required.

Given the reasonable doubt standard, finding one juror who will hang it up will not be a problem, unless they just happen to get all the jurors from the OJ trial.

[Mike Nifong]

There's no Silver Bullet.

I don't know the standard. I think one way the Feds can get involved is to protect someone's civil rights.

I would think the standard in general wouldn't be too high, because using corruption as an example - no ruling or finding locally would trigger them because a corrupt system by definition wouldn't trigger or dial for help. Maybe the Defense lawyers have to convince the Feds that the local authorities are unethical or not following the law.

[Mike Nifong]

Tucker Carlson is going to be discussing the Duke case soon
Tucker Carlson MSNBC, if you care to watch

[Protect the Bill of Rights]

I'd better stop asking questions--I am going to have nightmares.

I agree--NO silver bullet, ace in the hole, magic carpet ride, whatever.

[Mike Nifong]

May 18, 2006 : 9:26 pm ET

DURHAM -- With all that's been happening lately with the Duke lacrosse case and other events in Durham, elected officials need to give City Manager Patrick Baker a vote of confidence, Councilman Howard Clement said Thursday.

continued.

http://www.herald-sun.com/durham/4-736309.html