Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

Attorneys in Duke rape case file motion to get lineup report
Winston-Salem Journal (NC) ^ | Sunday, May 28, 2006 | staff

Posted on 05/28/2006 9:59:32 AM PDT by Perdogg

The woman who has accused three Duke University men's lacrosse players of raping her failed to identify at least one of them in a photo array eight days after the reported attack, according to a motion filed Friday by defense attorneys. The motion also says that she then selected him as an attacker more than two weeks later.

(Excerpt) Read more at journalnow.com ...


TOPICS: Local News
KEYWORDS: duke; dukelax; durham
Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220 ... 681-691 next last
To: JLS

"Nifong listed nine expert witnesses he expects to testify for the prosecution: L.D. Milks, Timothy G. Suggs, Hope Copeland, Jennifer Leyn and Rachel Winn of the State Bureau of Investigation; Brian W. Meehan and R.W. Scales of DNA Securities in Burlington; and Tara Levicy and J. Manly of Duke University Hospital."


181 posted on 05/30/2006 6:23:40 PM PDT by Ken H
[ Post Reply | Private Reply | To 155 | View Replies]

To: maggief

DUKE CASE VICTIM TARGET OF HATE, WEEK OF MAY 25-31, 2006
by CASH MICHAELS
The Wilmington Journal
Originally posted 5/30/2006

Thanks to unrelenting attacks on her character and credibility by defense attorneys, the alleged victim in the Duke lacrosse rape case is now the target of hate by many who believe the Black woman is a “false accuser” of three indicted white players.

Looming doubts about the evidence in the minds of some of the public have generated hateful portrayals of the alleged victim in media reports, and particularly on the Internet.

Several websites have revealed her name (something media organizations voluntarily do not do in order to protect rape victims from further harm), address and other personal information, including her limited criminal record, in an effort to embarrass the accomplished North Carolina Central University student, US Navy veteran and mother of two.

Some websites have labeled her a “sexual predator” who is lying just so she can later sue “the rich kids” of the Duke lacrosse team for a false attack.

Ironically, it is a community-based website that was launched Mother’s Day in support of the victim, www.ourheartsworld.com, that has attracted a fair share of hate e-mail directed at the 27-year-old woman after only one week.

Sixty percent of the messages sent to OurHeartsWorld.com - set up by the NC NAACP, Triangle Urban League and the Black Press, - are indeed inspiring and supportive.

“Bless you, my beloved sister,” wrote “Soulj” from Brooklyn, NY. “In times of tribulation, turn to your God and to our Ancestors. Feel the souls of Black folk as we embrace you and your family, dear sister. You are loved, supported and fearless.”

Other messages, coming from Christian supporters and ministers, have encouraged her to stay strong in her faith.

“God’s Will will prevail,” wrote “Pat.” “You'll get through this. My family and I will continue to pray, because one voice is a whisper, [but] many [are] thunder.”

The uplifting messages have come from all across the country, and indeed, the world.

“I wish you strength and encouragement in the coming days,” wrote a supporter named Brad Polk, all the way from Beijing, China. “The white press will not break you. You have the legacy of black people supporting you.”

But there are those closer to home that believe the alleged victim is telling anything but the truth.

“She is a worthless, lying car thief out to destroy lives. She was not raped,” charged an e-mail from a couple who called themselves “Mike and Sue.” “She will have her ugly butt in jail soon enough for making these false allegations. You guys need to find a better cause, because this lying wh--- isn't it.”

Another e-mailer named “Whitney” wrote in part, “Is making up a bunch of lies to get attention and bling all just cool in your ''world?''

And some of the messages have gone far beyond just disbelief of the alleged victim’s claims, and instead indicted all Black people.

“You damn [n-words] make me want to puke. This wh--- was duly f----- by her pimp and sent to work high as a kite,” wrote an e-mailer named “Nick.”

“The cops came because she was passed-out in a car whose driver wanted her out, and lo and behold--I waz raped! Only a honkie looking for re-election would fall for that,” Nick wrote, referring to the election of District Attorney Mike Nifong.

“This whole thing STINKS so bad that even Je$$ie Jackson and Sharpton (Twanna Bradley) are keeping low key,” wrote Nick, referencing the Tawana Brawley case in New York Rev. Sharpton was involved in many years ago.

Nick concluded, his angry, racist missive, “Please join your ‘sisters’ IN AFRICA!!!! And take your ‘brothers’ with you.”

None of those hate messages have been, or will be posted, the website’s sponsors say, but they are being filed.

Even some of the supportive messages are edited to delete any direct attacks on Duke University, the lacrosse team or the indicted players.

The overwhelming number to OurHeartsWorld.com, however, has been supportive, not only of the “Sister Survivor,” but the effort itself.

“I want to thank you for the beautiful website you have created for Our Sister,” wrote a 65-year-old white grandmother named “Margaret.” “I believe in her. I cannot imagine what she is going through.”

“Thank you again for caring about this woman. It had appeared that no one did and that, in itself, broke my heart.”

Meanwhile defense attorneys have filed motions in Durham Superior Court this week, asking that Durham District Attorney Mike Nifong, the prosecutor in the Duke lacrosse case, turn over any toxicology reports that were generated from the alleged victim’s rape examination the morning after she says she was dragged into a bathroom by three players, beaten, kicked, strangled and sexually assaulted on the night of March 13.

As required by law, Nifong reportedly turned over his complete case file of evidence last week - consisting of 1278 documents, two VHS tapes and a disc of photographs – to defense attorneys for indicted lacrosse player Reade Seligmann, 20, of Essex Fells, NJ.

At the next evidentiary hearing scheduled for June 19, Nifong is expected to turn over evidence to defense attorneys for Colin Finnerty, 19, of Garden City, NY; and Dave Evans, 23, of Bethesda, Md.

But after reviewing the material, Seligmann’s attorneys complained that the tox reports, which they had every reason to believe were done, were missing. Nifong has said if there were tox reports, they were included, even though defense motions indicate that a nurse involved in the rape kit exam checked off on a form that none had been done.

Toxicology tests are considered standard when rape victims are brought in to determine whether a so-called “date rape” drug was used. When Durham police first encountered the alleged victim in a supermarket parking lot, they said she was “passed out drunk” in a car, though no alcohol could be detected on her. She was then taken to a detoxification center, and then to Duke Medical Center’s emergency room, where she was examined.

D.A. Nifong seemed to indicate to Newsweek Magazine in its April 18 edition that the victim’s “…impaired state was not necessarily voluntary.”

“…[I] f I had a witness who saw her right before this and she was not intoxicated, and then I had a witness who said that she was given a drink at the party and after taking a few sips of that drink acted in a particular way, that could be evidence of something other than intoxication, or at least other than voluntary intoxication?” Nifong asked Newsweek.

Kim Roberts, the second dancer hired to perform with the alleged victim at the wild off-campus lacrosse party where the assault reportedly occurred, has said that both women were offered mixed drinks right before they performed.

Roberts didn’t drink hers, but the victim did after spilling her own drink. That’s when Roberts noticed her demeanor deteriorate into a stupor for the rest of the evening.

Whether Nifong is holding any evidence back, though he’s legally not supposed to, is unclear. If there is evidence, as it was believed, that the victim was indeed drugged, many observers believe it would be a clear first step towards fleshing out what some speculate so far to be a weak case.

Unless the prosecutor has an eyewitness to the alleged assault in the house at 610 N. Buchanan Blvd. during the time that 40 or more lacrosse players partied, media pundits, despite Nifong’s ability to secure three grand jury indictments, have proclaimed this case dead and buried, especially with no conclusive DNA matches.

Supporters, and the family of the alleged victim, however, say they believe the D.A. has the evidence to go forward with a trial. Nifong told the court last week that he wanted to try all three indicted suspects together.


182 posted on 05/30/2006 6:24:26 PM PDT by TexKat
[ Post Reply | Private Reply | To 172 | View Replies]

To: TexKat

May. 28, 2006 - STAY STRONG - [note- because this is an attorney, message restrictions waived]
Dear Little Sister, - I am almost 70 years old, a white [civil rights] lawyer with five daughters, two sons, and three grand-daughters. I have read a lot about what these young men did that night. Some of them engaged in the tort of fraudulent inducement. They intentionally lied at least three times to you and Ms. Roberts (the second dancer) to induce you to come to entertain them. They lied about their names. They lied about the nature of the group--saying it was a small bachelor party so you would not bring bodyguards. They lied a second time about the nature of the group, saying it was the Duke Track Team, which implied it would be more "diverse" so you would have had some brothers there to protect you. There is also other evidence that "race" was a part of forming the employment contract, which of course is illegal and unconstitutional.
Based on the Duke students' intentional fraudulent statements, Ms. Roberts and you formed an employment contract to dance for a small diverse group for two hours. As a result of their fraudulent inducements, you and Ms. Roberts were both greatly damaged.
After you finish your undergraduate studies, I will be glad to help you get into law school, where all of the legal education you are now getting can be put to use helping other sisters whose rights have been violated by lying people. Your friend and supporter, --- Al McSurely
[Administrator's Note - Attorney Al McSurely has worked for over 50 years for the cause of civil rights, and has represented numerous Black clients in cases of race bias. He was honored by the national NAACP in 2005 with their Lawyer of the Year Award, and currently serves as chairman of the NC NAACP Legal Redress Committee].


http://ourheartsworld.com/


183 posted on 05/30/2006 6:30:24 PM PDT by maggief (and the dessert cart rolls on ...)
[ Post Reply | Private Reply | To 182 | View Replies]

Criminal Victimization in the United States - Statistical Tables
184 posted on 05/30/2006 6:33:58 PM PDT by TexKat
[ Post Reply | Private Reply | To 182 | View Replies]

To: maggief

All she had to do was look at the camera. Her face is an obscene gesture.


185 posted on 05/30/2006 6:36:27 PM PDT by TommyDale (Stop the Nifongery!)
[ Post Reply | Private Reply | To 178 | View Replies]

To: TexKat

This article is too much. Damn unbelievable.

They refer to the false accuser as ACCOMPLISHED?

What does this statement say about DURHAM JUSTICE:
"Whether Nifong is holding any evidence back, though he’s legally not supposed to, is unclear."

And these are Nifong's friends.



186 posted on 05/30/2006 6:37:54 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
[ Post Reply | Private Reply | To 182 | View Replies]

To: Mike Nifong
Hannity & Colmes-- worth recording the first 20 minutes when it repeats at 2 AM eastern.

Megyn Kendall, Mark Furman, and some defense attorney on the panel. Colmes gets slapped around pretty good by everyone. Focus was on accuser's changing story and failure to ID Evans in the March 21 ID lineup.

Megyn made a big point at the beginning that could have gotten more attention. She said that the defense wants all the lineup notes, and also wants to know why Nifong didn't include it.

187 posted on 05/30/2006 6:38:10 PM PDT by Ken H
[ Post Reply | Private Reply | To 168 | View Replies]

To: maggief

“The people can charge him with a crime. We know what's right. [Bush's administration] is breaking the law. Say it loud and clear, they are breaking the law.” Al McSurely quote


188 posted on 05/30/2006 6:41:10 PM PDT by TexKat
[ Post Reply | Private Reply | To 183 | View Replies]

To: Mike Nifong

Mike is that you? Pray tell why don't you stop nifunking this obsured case?


189 posted on 05/30/2006 6:45:26 PM PDT by TexKat
[ Post Reply | Private Reply | To 186 | View Replies]

To: Mike Nifong

I feel pretty, 
Oh, so pretty, 
I feel pretty and witty and bright! 
And I pity 
Any girl who isn't me tonight. 

I feel charming, 
Oh, so charming 
It's alarming how charming I feel! 
And so pretty 
That I hardly can believe I'm real. 

190 posted on 05/30/2006 6:51:53 PM PDT by TexKat
[ Post Reply | Private Reply | To 186 | View Replies]

To: All

MikeNifong.com:

This is the staff of the Durham District Attorney's Office - the largest, most diverse, best educated, and most capable collection of people ever assembled under that title.

191 posted on 05/30/2006 7:12:49 PM PDT by zaxxon ("A lie can travel halfway around the world while the truth is putting on its shoes ." -Mark Twain)
[ Post Reply | Private Reply | To 190 | View Replies]

To: All; JLS

JLS, I didn't read yours, yet. To preserve the integrity of the excercise! That's the first time this case and integrity have crossed paths!


1. Kim Roberts
I can't see Nifong calling LiL Kim or better yet, Little Nikky. Even middle of the road, even-tempered
Abrams said of her, "she's a piece of work, isn't she?" Kim is dynamite and she could say F*@K Y*U
to Nifong (or anyone else on the stand).
Defense will call her to say she didn't see any rape, and she had a cell phone with her and never reported any rape. Defense will also point out critical statement to Shelton that LiL Nikky makes - "I don't know if she's DRUNK or HIGH" She doesn't mention contemporaneously that maybe she was slipped something. It's not until LiL Nikky is hooked up with Civil Lawyer Mark Simeon that she mentions the date drug allegations.

2. Crystal Mangum
Nifong has no choice; no case without her. The Defense attorneys are hoping the Trial is televised because they will get to cross examine Crystal 'Theft' Mangum

3. Sgt Shelton DPD
Nifong treats him like a hostile witness. This is the guy hung out to dry. Nifong might as well call him in a strategic move. The Defense will call him and by calling him and attacking him Nifong will avoid the appearance of trying to hide something from Jury. Jurors don't want to think the State is keeping things from them.

4. SANE in training.
Nifong has touted this evidence and his sole reason for living for 10 weeks now. It would be hard for Nifong to mention and argue it in his opening statement (which he needs all the ammo he can get for that statement) and then not call her. She'll be called by Nifong.
Defense too. No abrasions, No tears,

5. DNA experts from NC state lab.
Nifong believing this stuff is over the jurors heads, will call them and through HIS responses and affectations seek to make more of a couple drops that were inconclusive.
Defense will spend lots of time on the State guys.

6. Investigators in the case.
Prosecution calls them. Expect well rehearsed testimony. Professional witnesses.
Defense only interested in Cross.

7. One or more Duke lacrosse team members.
Both. These guys spoke for 2-3 days without counsel. Investigators are very suspicious by nature and they love to twist statements. I think Nifong will call two or so and treat them hositilly.
Defense will parade these guys. Many players will be a show of strength.

8. DA/chief investigator Nifong.
Judge will prevent anyone from calling the Humanitarian of the Year. Hey, it pays to know people in high places in Durham.


9. Private lab DNA experts.
Nifong, If he doesn't call them, won't someone question the exorbitant costs associated?
Since he indicted Evans based on this "evidence," Nifong calls them.
Defense too.

10. Boyfriend/driver to the party.
'Limo' Drivers as Alan Colmes said tonight? Boyfriend (where's that Criminal record?) will be called
by Defense. I have a theory I'll call reporting latency. The Latency in the reporting of damaging evidence/facts is relative to the damage to the Darlings of the News Corpse. Using this highly scientific method, her boyfriend has a damaging criminal record.
The Defense calls Driver 1 and Driver 2 (like a Dr. Seuss book) and her "boyfriend". I expect the "boyfriend" to be colorful and enterprising. I wonder if the IRS reporting of the boyfriend will come out at trial. Not that I know anything, but people that make their livings like this don't report too much income. Nifong will have to call someone to promote his timeline, but I think he stays away from all 3 of these guys.

11. Papa Mangum.
Defense calls Papa. He's a sympathetic figure to this jury, but he says things that can't be let go. He says multiple times- Crystal told him that she was attacked with a broomstick and she had bad injuries stemming from that.

12. Camera experts.
Both




192 posted on 05/30/2006 7:16:05 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
[ Post Reply | Private Reply | To 186 | View Replies]

To: TexKat

LMAO!!

Now we're in the spirit.

That's some funny s@*+!


193 posted on 05/30/2006 7:17:24 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
[ Post Reply | Private Reply | To 190 | View Replies]

To: maggief

Looking at those photos I'm reminded of the old expression that "Beauty is skin deep but ugly goes clean to the bone".


194 posted on 05/30/2006 7:17:44 PM PDT by Locomotive Breath (In the shuffling madness)
[ Post Reply | Private Reply | To 169 | View Replies]

To: zaxxon

If that isn't a picture of incompetence than I don't know what is. OMG.

Barf alert!

Some black woman was hugging and kissing Nifong for like 15 minutes on election night - according to a local North Carolina report. The N.C. News & Observer ran a picture of that woman kissing Nifong on the Front Page.

I loved on Hannity tonight where that female defense attorney said Nifong isn't too bright. Finally!

Thinking that there are people out there that fall for these pictures. The fact that anyone (voters) is swayed by pictures like these is like you other theme - the Twilight Zone!

Zaxxon, I'm going to save that picture in case I ever decide to go Bulemic. Nothing says Purge like that picture!


195 posted on 05/30/2006 7:22:59 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
[ Post Reply | Private Reply | To 191 | View Replies]

To: abb

Good article...thanks for the zing! ;)


196 posted on 05/30/2006 7:42:39 PM PDT by BossLady
[ Post Reply | Private Reply | To 156 | View Replies]

To: Ken H
Yeah, did you hear Alan Colmes is now saying that the false accuser was driven to the party in a limo. ROTHFLMAO. Probably a 1993 Honda Civic Limo. Actually, I think he called the guy that drove her to the party "her limo driver". It is amazing that he is so stupid or at least portrays himself to be.
197 posted on 05/30/2006 7:43:17 PM PDT by Hogeye13
[ Post Reply | Private Reply | To 187 | View Replies]

To: maggief

McSurely he can't be serious.

If McSurely wanted to better society, in fact, better a black city, he'd offer the Free Legal education to Mike Nifong.

McSurely and others are hurting women, hurting authentic rape victims by financially rewarding False accusers. The same reasoning applies to companies like COKE vigoriously defending claims of foreign materials in their product. Many times it's much cheaper to pay than to litigate, but that will only bring forth a surge of lawsuits designed to earn easy money.

McSurely also insults all white men (or non-brothers in this case) by saying there were no brothers there to protect them. Firstly, we have to step over and around reality and pretend that Black men are not the prevailing source of abuse inflicted on Black women. If you can make that leap, it's an affront to white men to say that they wouldn't stop a women from being rape - any women. McSurely has no problem lumping all white men together and assumming that they would all participate to one degree or another. A self loathing racist - not a good combination.

McSurely should pray for forgiveness or jump into a pool of acid, but he shouldn't try to persecute others (innocent people) in an attempt to alleviate his sins.


198 posted on 05/30/2006 7:43:39 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
[ Post Reply | Private Reply | To 183 | View Replies]

To: All
Let's not forget Nifong's Protection of the Family Unit division:

Or his Support Staff

A visit to Nifong's website seems to indicate that Mike has alot of women working in his office. My opinion is that his relentless pursuit of this case has more to do with the gender of the complainant than her race.

199 posted on 05/30/2006 7:43:59 PM PDT by zaxxon ("A lie can travel halfway around the world while the truth is putting on its shoes ." -Mark Twain)
[ Post Reply | Private Reply | To 197 | View Replies]

To: abb

Thanks for the ping abb. I hope the defense calls Ms Roberts and she can try her obscene gesture on them. It's so endearing (sarc).


200 posted on 05/30/2006 7:46:37 PM PDT by Neverforget01 (Proud enemy of the DBM)
[ Post Reply | Private Reply | To 156 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 161-180181-200201-220 ... 681-691 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson