Posted on 06/08/2006 2:03:55 PM PDT by Mike Nifong
The motion also says the alleged victim told Durham police that she had performed for a couple at a Raleigh hotel hours before the Duke lacrosse party. She told police that she used a vibrator. Osborn suggests that could be the source of the vaginal injuries mentioned in the rape kit report. (snip) Osborn says the accuser gave conflicting accounts of what happened. The motion says medical records indicate she told a doctor that she used no alcohol or drugs. The accuser told the sexual assault nurse that she had consumed one drink of alcohol and was taking Flexeril, a prescription drug used to treat muscle spasms.
The alleged victim told a doctor the next day at UNC Hospitals that "she was drunk and had had a lot of alcohol that night," the motion said.
She later told police that she had consumed a 24-ounce bottle of beer and then told police she had two 22-ounce bottles of beer, according to the motion.
(Excerpt) Read more at abclocal.go.com ...
How much did the slut charge for that sex?
I don't know what to say. That is just beyond the pale. Did you ever contact your state senator or anybody like that? Did you have a lawyer the whole time? Did you ever actually get into court? Did you consider suing the accuser?
Are you and your family all back together now? Were you able to keep working, or did you get fired or have to look for lesser work, or what?
Look at Cheshire's statement about the press conferences.
I think that's what is going to get Nifong in trouble.
He has a responsibility to the community - he has an obligation - he is only supposed to seek the truth.
Yet, in his press conferences he saying things that are false. He's attempting to affect public opinion using false statementts. I think those press conferences will land Nifong in court before it is all said and done.
Just a couple examples:
The $400.00. Nifong was telling everyone the $400.00 was stolen from the AV by the lacrosse players.
When, in fact, the AV had said that Lil Kim stole the money.
The strangulation/choke hold. Nifong demonstrated on numerous National shows the choke hold applied while the AV was gang-raped. He demonstrated the fingernails in the arm while the AV pulled on the arm TO BREATHE he said. He put this felonious strangulation down as justification to get an early search warrant.
The problem: the medical report does not support the fact she was choked or strangled.
Condoms. Nifong pleaded his case on national televison that her attackers may have used condoms when he got a whiff of the DNA results.
Problem: the AV plainly stated that condoms were not used.
The Distric Attorney can not make statements that prejudice public opinion towards a defendant while the case is pending or awaiting resolution.
I don't understand. It shouldn't matter what is in the database in terms of where you live. You were never tried or convicted. You're not a sex registrant.
I don;t know how you can stand to live there. What happened with your job?
But we haven't heard the good news from Nifong yet--
She [Megyn Kendall] also said that the prosecutor claims to have "good news" for their case.
http://www.freerepublic.com/focus/f-chat/1643280/posts: June 4th thread
/snort!
Does that mean "Precious" is backing down??
Has Precious been seen in public lately?
Hell, Al Sharpton had Tawanna's made sure Tawanna was in our face 24/7
Don't be too sure. He may slit his throat. Good plan.
Most DUI's theycite and release on OR, unless there's been an injury. Why'd he have to bail?
No, it is not that registry. It's a another registry indicating you've been investigated or suspected of those crimes but NOT charged. NO, it's not that thing; I couldn't handle that.
Many people tell me exactly what you've said. I don't know. After what I was told by several different people in authority, it's like folding to move on one level. For the year after it happened, we looked at it like it would only make it look like we were moving to avoid the eye of the law. Make us look guility in some eyes.
You have a nice place and then you have the abusive authorities. It's like two separate things.
I understand the sentiment though.
My company was swallowed by another and I'm still there. However, we have completely new management and only a few people still there know about the incident.
Don't know if you saw the earlier link from CNN, but I'd think this would be giving Nifong cold chills:
In court documents filed Thursday, attorney Kirk Osborn said that Durham, North Carolina, police "intentionally, deliberately and/or recklessly omitted" information from a probable cause affidavit -- information Osborn says would have persuaded the judge not to file felony charges against three of the players.
--http://www.cnn.com/2006/LAW/06/08/duke.lacrosse/index.html?section=cnn_latest
That's some serious talk.
Sorry if this has already been posted
After that, the statement said, the lacrosse players carried the accuser back to the car, and Pittman locked the woman inside while Pittman "went back up to the house to try and retrieve her (the other dancer's) bag. I looked around . . . and we didn't see anything so I said I've done all I could and went back to my car" and left, at which time the players yelled racial slurs and she called 911 to report the behavior
Of course, a blood test of the dancer would have answered these questions.
Neverforget: yes, I saw where at one point Lil Kim says the AV was acting Crazy!
Ken H: That's is what I am talking about. Nifong has put himself in legal jeopardy. I think Nifong has to be considering the legal implications against his office if he drops this case. In other words, if he drops it (which he's not going to) without any new evidence: he is going to be pursued through some legal avenues.
They can easily show that Nifong false statements (or statements not based in fact) to the media about the $400.00
(AV said Kim took it). The condoms. The fact that the team was not cooperating. He didn't know the ID of the 911 caller. He demonstrated Choke holds used by the lacrosse players when the freaking medical report says there was no strangulation or choking. He also used the felonious strangulation as justification to obtain search warrants.
How can you have this entire National Case that the evidence
not only does not support, but counteracts and points in another direction.
DUI drugs, meth. He rear ended someone going to buy the stuff.
After I he called me at 4 am I called my friend whose husband is a Deputy. He was the arresting officer, LOL! The great thing was he did not know I knew the cop.
"It was just a little pot Mom"
"You are lying"
"No I'm not "
And round and round until I said I'm going back to bed, stop calling cause I'm not going to answer...
"You are going to leave me here?"
"Hey at least I know where you are."
So I would not answeer the calls from the jail. He about shit a brick when my friend showed up at the jail later and read him the riot act. He knew then his Mom knew people who could make his life hell. Hee-hee.
Long story, short version, after he bailed out, he swore he would never ever do drugs again (Wanna buy a bridge?)
Not only did my friend have the badass dog with a metal tooth, he was also on SWAT, and a really good guy.
He`would patrol the areas where my son hung out and where his dealers lived. No one wanted to sell my son anything because they knew crazy Mom knows SWAT and she calls them.
WHen I had to kick my son out of the house, I called my friend to help. He came over, told me legally he could not make him leave, but my son did not know that, so he could "trick" him.
Sounds bad, but if he stayed at home one of us would be dead and the other doing life.
Showed up 2 weeks later and (since it was late summer) I refused to let him in, he slept on the porch. He could only come in when his father was home and if he looked at me cross eyed, I'd flip open the cellphone and say "That's it, I'm calling so and so." I changed every lock and bolt in the house.
Alas, the weather turned cold and I could not let him freeze to death, so I let him into the basement. That was the big joke, we had a child locked in the basement. There is a rear door so of course he could go in & out.
He rolled, wore a wire and in return the lab "lost" the blood test and he lost his license & had to take the drug class and a year's probation. I did pay for the drug class, but I bought and made out the money order myself so he could not skip class & cash the money order. I refused to pay the probation fees and fines so the judge locked him up for 3 weeks.
That was about 5 years ago. He is doing well, has a job and even though I do not trust him as far as I can throw him, there is reason for hope.
There are some kids who go down the wrong road regardless of what a parent does. I get so angry when so many people blame the parent first.
Man, this is turning into an Oprah night :-)
1. Ken H., yep these are serious shots across the bow of Nifong. He knows he is going to be sued. He knows if these people have their way he is going to be investigated.
2. RecallMoran, I think you must be in custody, ie prison, ie already convicted to file a writ of habeous corpus. I am not a lawyer, but I believe it is a demand to let someone in custoday go, ie present the body.
What a nightmare!
Mike,
In North Carolina persons claiming sexual assualt get certain privileges. One is to deny to be tested for drugs.
I don't think they can legally test her blood without her consent. It runs against common sense, but it's true.
Activists will argue that if you test these women, they will not come forward. The laws were passed to encourage women to report. The law is on the books.
The new slogan from this case: Don't be like Mike (Nifong)
since Mikey was so quick to file rape charges against these young men at the WORD only of the AV, then why isn't Kim also charged?
http://www.herald-sun.com/durham/4-742610.html
Defense Lawyers cite omitted items
Jun 8, 2006 : 10:15 pm ET
DURHAM -- Lawyers Kirk Osborn and Ernest Conner, representing Duke lacrosse player Reade Seligmann, contend in a court motion filed Thursday that Durham police omitted numerous items detrimental to the investigation when seeking permission from a judge to compile and conduct a photo lineup of the lacrosse team. Following are some of the items cited:
-- Durham Police Investigator Benjamin Himan failed to note that exotic dancer Kim Roberts Pittman submitted a handwritten statement in which she said the rape accusations by her dance partner were "a crock."
Himan said the accuser "reported she was sexually assaulted for an approximately 30 minute period."
-- Himan failed to note that the examining sexual-assault nurse was not certified but "in training."
-- While Himan contended the alleged victim had been hit, kicked and strangled, he neglected to say an examining physician found no neck, back, chest or abdominal tenderness.
He also failed to say an examining nurse found the woman's head, neck, nose, throat, mouth, chest, breasts, abdomen and upper and lower extremities were normal -- even though she complained to the nurse of "tenderness" over her body.
-- While Himan quoted medical records to the effect that the accuser had "signs, symptoms and injuries consistent with being raped and sexually assaulted vaginally and anally," the examining nurse noted only "diffuse edema" -- or swelling -- of the woman's vaginal walls.
According to Osborn and Conner, the nurse's report contained no opinion or conclusion that a rape had occurred.
-- Himan also neglected to mention that the accuser showed no signs of physical trauma other than a scratch on her knee and a small laceration to her heel, neither of which was bleeding.
-- The probable cause affidavit claimed the dancer clawed at one of her attacker's arms in an attempt to breathe while being strangled, breaking one of her fingernails in the process. But Himan failed to mention in his probable cause affidavit that that allegation was not in the summary of the dancer's statement prepared by Himan.
-- Himan further failed to note the woman's alleged use of a vibrator on the night of the alleged rape.
Information provided by driver Jarriel Johnson, including an assertion that the woman claimed to have had sex with at least four men not long before the lacrosse incident, also was omitted from Himan's official affidavit, according to lawyers Osborn and Conner.
-- Again referring to medical records, the attorneys said Himan omitted conflicting stories the accuser made about her use of alcohol and drugs.
For example, the woman told a sexual-assault nurse-in-training that she had consumed one drink of alcohol and was taking the medication Flexeril, used to treat muscle spasms. According to McNeil Consumer & Specialty Pharmaceuticals, Flexeril, especially when used with alcohol, "may impair mental and/or physical abilities," and that it may "enhance the effects of alcohol."
But the dancer also told a UNC Hospitals physician the next day that she "was drunk and had had a lot of alcohol that night." She later told Himan she had consumed a 24-ounce bottle of beer, but then amended her story to say she drank two 22-ounce beers, lawyers Osborn and Conner wrote.
No official toxicology information about the woman has been made public.
Finally, according to Thursday's paperwork, the accuser told a nurse-in-training that co-dancer Pittman assisted the lacrosse players in assaulting her, then stole "all her money and everything" -- an account inconsistent with Pittman's version of events.
The statement from Pittman attached to the motion said the accuser became "uncontrollable" at the party and did not want to leave after one lacrosse player allegedly said he would use a broomstick on them if they hadn't brought sex toys.
Pittman said she left the party at that point, but the accuser stayed behind. Later, the second dancer came to the car, but went back to the house "because she felt there was more money to be made," Pittman wrote in her statement.
While changing from her dancing outfit into her clothes, Pittman says in her statement, the lacrosse players came to the car and told her the second dancer had passed out "and the fellas may have been ready for the evening to be over."
After that, the statement said, the lacrosse players carried the accuser back to the car, and Pittman locked the woman inside while Pittman "went back up to the house to try and retrieve her (the other dancer's) bag. I looked around . . . and we didn't see anything so I said I've done all I could and went back to my car" and left, at which time the players yelled racial slurs and she called 911 to report the behavior.
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