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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

Wow, that is some report you linked. That flier may end up costing Durham a good bit of money.


461 posted on 05/26/2006 11:20:23 AM PDT by JLS
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To: GAgal

excellent point! And that justification for the DNA samples will be loom large in Court.

Nifong claimed the DNA to be the be-all and End-All, and when he was wrong he didn't change course - showing his bias and disregard for the evidence to all.

The Defense will attempt to dwell on that statement at trial for as along as they can. I wouldn't be surprised it that's not the last part of the closing argument too. In Nifong's own words.


462 posted on 05/26/2006 11:24:46 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: ltc8k6
The SBI couldn't find any DNA, so they recommended a better lab. Where did I say the SBI lab found DNA?

If the media article you linked is correct, the state lab found DNA, did one type of test, was not certified for another type of test and reccommended to Nifong that send the DNA to another lab that is certified for another type of test.

Glad to see you have come around. BTW, did you opt for my position that Nifong did not tell the defense about the material on the swab or are you opting for the defense mispoke or is lying?
463 posted on 05/26/2006 11:25:54 AM PDT by JLS
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To: Protect the Bill of Rights
Shaking my head....

Do they inbreed in Durham?

WELCOME TO DURHAM.

464 posted on 05/26/2006 11:28:31 AM PDT by SwampFoxSC
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To: ltc8k6
The SBI tells Nifong they found no DNA.

I see your source of confusion. You think not finding a match means no DNA. Or you think that not being able to isolated the DNA to make a comparison means findingg no DNA. Or you think that not being able to run one particular DNA test means finding no DNA. Or some combination of the above.

The SBI says they tested everything and found no DNA.

Nope the SBI said, we ran these tests and found NO MATCH. We recommend that you go to a lab certified to run a test that we are not satisfied.
465 posted on 05/26/2006 11:30:25 AM PDT by JLS
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To: ltc8k6
Cooperating can mean you're uncooperative in Nifongese.

Exactly. The only thing he would have considered cooperation was confession or ratting out someone.
466 posted on 05/26/2006 11:32:30 AM PDT by JLS
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To: Peach; Mike Nifong; GAgal

Just curious. Has anyone located any photos of the "boyfriend" or the two "drivers" that the accuser had sex with? And do any of these three happen to have a mustache?


467 posted on 05/26/2006 11:34:32 AM PDT by atlaw
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To: atlaw

I think her Boyfriend is more likely a Pimp and the drivers may just work for the pimp.

Every Newspaper in America knows who it is, just like they know the name of the AV, they just won't release it.

If her boyfriend had been a friend of the Duke team and was at the party (another white guy) and he had a record, we would've heard about it about 75 days ago. There is absolutely nothing keeping them from revealing his identity and record - that's public information in North Carolina.

Just like they had no rule, policy, or tradition to hide behind with Kim Roberts, but they didn't reveal her name or record either. The Defense lawyers forced their hand and Kim had a press conference.


468 posted on 05/26/2006 11:42:38 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: JLS

I think Durham is in for a long nightmare. It would serve them right if each one of the lacrosse players filed individual lawsuits. I am sure that Durham would try to get them all together but the players should resist them.


469 posted on 05/26/2006 11:42:56 AM PDT by Hogeye13
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To: JLS

"Nope the SBI said, we ran these tests and found NO MATCH."

As I already said, I am basing my theories on Cheshire's "no DNA at all" and "no indication of sex" comments regarding the SBI DNA report. I have been trying to theorize why he would have made those comments.

Obviously, no DNA would also mean no match as well.




470 posted on 05/26/2006 11:43:07 AM PDT by ltc8k6
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To: Ken H

No, I don't think anyone does. I did think exactly what you said - and that is if the descriptions didn't HURT the state's case, they probably wouldn't have been left out.

The fact they're missing makes me very curious.


471 posted on 05/26/2006 11:47:24 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: JLS

"The results, the lawyers said, show that investigators collected no genetic material of any kind from the woman. "There was no DNA found in or on her that would indicate that she recently had any sex," Cheshire said."

The quote I am trying to theorize about. N & O Aprill 11th.


472 posted on 05/26/2006 11:49:01 AM PDT by ltc8k6
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To: old and cranky

As you suggest, I am sure they have no proof that black players or coaches failed to be selected because they were black. My point in posting the article was to illustrate the nature of the thought process of some people. I find it rather scary.


473 posted on 05/26/2006 11:52:29 AM PDT by TBBBO
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To: ltc8k6

I understand that is the quote you keep referring to. But we now know that is wrong per the link you provided. The question we have been discussing for almost a day now, is why was Cheshire wrong when he made that statement. So which are you opting for?

1. Did the defense not have all the information. ie Did Nifong not tell them of the DNA found on the swabs from Mangum?

2. Did the defense mispeak and say no DNA was found when they meant no DNA material that could be connected to Duke lacrosse players?


474 posted on 05/26/2006 12:03:13 PM PDT by JLS
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To: Hogeye13
I think Durham is in for a long nightmare.

And they certainly deserve it, don't they.
475 posted on 05/26/2006 12:06:12 PM PDT by JLS
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To: GAgal
Video of the first DNA defense press conterence:

Thanks for the link.. I guess my recall is not as good as I thought..

In the first DNA press conference he says basically "there was nothing found in the vaginal swab to indicate she had any sex with anyone"

In the press conference for the 2nd DNA result when asked if there was DNA from others besides the BF, he states "on the vaginal, rectal and oral swabs there was no other genetic material that was matched to anyone, anywhere"

So, IMO the lawyers either misspoke in the first press conference or the report was incomplete... There would be no other reason to seek a second test.

476 posted on 05/26/2006 12:06:43 PM PDT by darbymcgill
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To: old and cranky

I think the only cooperation that would have satisfied Nifong was a confession.


477 posted on 05/26/2006 12:09:16 PM PDT by JustaCowgirl
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To: JLS

I am only theorizing.

Assuming that Cheshire misspoke with those strong statements gives me nothing to theorize about.

It is hard for me to believe Cheshire simply made an error. In the video, he consults another attorney before making the statement about there being no indication CGM had sex.


478 posted on 05/26/2006 12:14:00 PM PDT by ltc8k6
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To: JLS

The lab report shuld make this clear, shouldn't it?


479 posted on 05/26/2006 12:15:42 PM PDT by bjc (Check the data!!)
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To: ltc8k6

I agree we are all theorizing, but if the article you linked this morning is correct, we can throw out the idea that the state lab did not find DNA on the swabs. And you solved with that article the question of who knew to send the swabs to another lab.


480 posted on 05/26/2006 12:16:46 PM PDT by JLS
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