Posted on 06/22/2006 2:23:47 AM PDT by abb
DURHAM -- District Attorney Mike Nifong plans to give defense lawyers at least 300 additional pages of information about the Duke University lacrosse rape case, adding to 1,298 pages of documentation surrendered previously.
Without describing their contents, Nifong said the new documents would be handed over during a preliminary hearing today for three recently indicted lacrosse players: Collin Finnerty, Reade Seligmann and David Evans.
The three are accused of raping, sodomizing and restraining an exotic dancer in a bathroom during an off-campus party at 610 N. Buchanan Blvd. in mid-March.
All are free under $400,000 bonds as they await a trial that, according to Nifong, might begin next spring.
None is expected to attend today's hearing.
In addition to a transfer of documents, the hearing will include a request from Seligmann's lawyers that his bond be lowered to roughly one-tenth its current level. The lawyers filed an affidavit in support of that request Wednesday.
Signed by Philip Seligmann, the defendant's father, the affidavit said that Seligmann had been recruited by every Ivy League university to play football or lacrosse, and that he accepted a 90-percent scholarship to be on the Duke lacrosse team.
"This case has taken an unbelievable and horrendous emotional toll on all my family, especially my wife," the elder Seligmann wrote. "We are committed as a family, along with Reade, to do everything necessary to restore our good name."
According to the affidavit, Seligmann's bail money was provided by a family friend whose "loss of income is substantial" as a result.
In a related matter, the News and Observer Publishing Co. moved Wednesday to make public certain documents -- reportedly pertaining to the alleged rape victim's medical records -- that were filed by defense lawyers under seal.
"In this case, the fact that there are charges of sexual assault is unfortunate and controversial -- either because a woman has been sexually violated or because the defendants have been wrongfully accused -- but neither is a justification for sealing a court proceeding," a lawyer for the newspaper wrote.
The lawyer, Hugh Stevens, also said the sealed documents raised questions about Nifong's handling of the case. He said that when the conduct of public officials is at issue, it is an added reason for making the pertinent files public.
Meanwhile, several defense lawyers predicted Wednesday that Nifong's latest 300-plus pages of documentation would do little to help him, since earlier paperwork -- in their view -- was more beneficial to the defense than the prosecution.
For example, attorneys Joe Cheshire and Brad Bannon have said the earlier documents showed a "very significant and disturbing deficiency" in Nifong's evidence.
Specifically, there were indications that Nifong began making public statements about the accuser's medical records even before they were in his possession, according to the two lawyers, who represent Evans.
Cheshire and Bannon said the District Attorney's Office subpoenaed the accuser's medical files from Duke Hospital on March 20 -- six days after the alleged rape.
However, the files were not printed out in compliance with the subpoena until March 30, and Police Investigator Benjamin Himan didn't pick them up until April 5, Cheshire and Bannon wrote in court paperwork last week.
But the lawyers said Nifong told a local television station on March 27 that he had no doubt the exotic dancer was raped, based on a "personal review" of her medical records. They quoted the district attorney as saying, "My reading of the report of the emergency room nurse would indicate that some type of sexual assault did in fact take place."
Citing the 1,298 pages of documentation given them by Nifong earlier, various defense lawyers also have contended there were numerous inconsistencies in the accuser's version of events, along with unacceptable omissions in a sworn affidavit prepared by police. The affidavit was used by Himan to obtain judicial permission for his evidence-gathering efforts.
Among other things, Himan failed to mention that a co-dancer had described the rape allegation as "a crock," even though she was with the accuser for all but about five minutes on the night in question, according to defense lawyers.
Nifong has bristled at that and other defense characterizations of his evidence, while attacking the national press corps for -- in his opinion -- blindly reporting the characterizations without checking their accuracy.
"Is anyone surprised that the defense attorneys are spinning this case in such a way that things do not look good for the prosecution?" Nifong wrote in an e-mail to Newsweek magazine last week.
"Their job, after all, is to create reasonable doubt, a task made all the easier by an uncritical national press corps desperate for any reportable detail, regardless of its veracity," the district attorney said.
The e-mail traffic was made public by Nifong on Monday.
URL for this article: http://www.herald-sun.com/durham/4-746370.html
Nifong identified him as Himan.
Depending on what the new discovery reveals, the defense may even file a motion to dismiss or similar motion that requires an examination of the evidence.
What I found interesting was the work-product decision. The defense wanted notes from conversations between Nifong, Himan, Gotlieb and Mangum. Nifong claimed they were strategy sessions and thus work product. The defense made the good point that accusers/victims don't usually attend these kinds of meetings, which is quite true. The defense felt there was question-answer with Mangum that should be discoverable. Stephens denied the motion and even denied to make a finding that Mangum was there. This could be grounds for appeal if there's ever a conviction. I think Stephens was wrong in buying the work=product excuse.
''''''''''Another reason to stay out of DURHAM:
This is from an Actual Durham Police Media Log:
Aggravated Assault
3/18/2005
Kent Street near Jackson Street
A 39 year old male was riding his bicycle near the intersection of Kent and Jackson streets when a female approached him and accused him of stealing her drugs. The woman pushed him off of his bicycle and stabbed him in the thigh.
This is most intriguing, Mike. Was Chalmer's daughter born with an automatic silver immunity spoon in her mouth?
Good Point. This is a felony charge against little Miss Chalmers. I didn't see where any National outlets picked it up.
Those same big networks that made Federal cases out of accusations of noise ordinance violations don't seem very interested in public corruption, double standards, and abuse of power in this instance.
I wonder why they aren't interested? Hmmm. I'll have to ponder that puzzler!
What we know from this letter to the editor and the remark Nifong made to Susan Filan is that Nifong and Co. pay attention to the media coverage carefully. We need to keep up what we're doing. It's working...
Tell me I didn't just read that. She'll be on Nancy Grace before this is all over.
You know what we said when I was growing up. If you have to get your big sister to fight your battles, you know you're in trouble.
I wonder if Big Sister has any sons? I wonder if she has thought what it would be like to have her son go through the corrupt Durham Hell that her brother has brought down on three young men - all for his political benefit.
It appears that Nifong is carefully monitoring and remembering the major media outlets. There is something very nasty about how he handled this situation.
For comparison purposes, the nationally televised Michael Peterson Durham murder trial jury was 7 blacks and 5 whites.
That was one of my guesses but I haven't seen a email address for her.
She has retained her family name?
I would still be interested in knowing Nifong's class ranking at Law School.
I understand, but if "rodeo cowboy" got under his skin, imagine what graduated xxxth out of zzz would do!
Stefanie Chalmers is on Nifong's friends and family program. Nothing will come of this.
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
Now, THAT was funny, dude !
B I G ' S M I L E Y
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.