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Duke lacrosse files show gaps in DA's case (DukeLax - NandO FINALLY tells the story)
Raleigh News & Observer ^ | August 6, 2006 | Joseph Neff

Posted on 08/06/2006 12:27:52 AM PDT by abb

DURHAM - Investigator Michelle Soucie of the Durham Police Department was working the phones the afternoon of April 17, trying to set up DNA tests on evidence in the Duke lacrosse case. A private laboratory in Burlington gave a price, and Soucie immediately contacted District Attorney Mike Nifong.

- snip -

In examining the files Nifong has produced in the case, The News & Observer found that the accuser gave at least five different versions of the alleged assault to different police and medical interviewers and made shaky identifications of suspects. To get warrants, police made statements that weren't supported by information in their files.

- snip -

Much of the district attorney's evidence is contained in more than 1,800 pages of documents he has made available to the defense under a recent state law requiring prosecutors to open their files before trial. Those documents are only part of the evidence that could be introduced in a criminal trial. They do not include information still being gathered or testimony that might occur under oath.

But they offer the most complete picture thus far of evidence in the case that has put Durham and Duke in the national spotlight. The documents -- police notes, court orders, DNA tests, interviews and handwritten statements -- show what the prosecution has learned and how it conducted itself in State of North Carolina vs. Collin Finnerty, Reade W. Seligmann and David Forker Evans, who could face decades in prison if convicted.

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


TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; durham; lacrosse; newduke; nifong
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To: RecallMoran

Watch the new president of Duke offer Pressler his old job back at a much better salary in a few years.

(I hope he refuses.)


101 posted on 08/06/2006 11:21:55 AM PDT by CondorFlight
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To: CondorFlight

I hope you are right, but no way Pressler returns and subjects himself and his family to pot-bangers and crackpots in Durham.

Coach K is an interesting side story. If Brodhead, who knows nothing about athletics, starts to insert himself into the process, he risks losing Coach K. Even now, I wonder if Coach K regrets turning down the many lucrative offers he received. Brodhead would love nothing better than to knock Coach K down a peg or two. A little voice keeps tugging at me that THAT was why Brodhead siezed control of athletics.


102 posted on 08/06/2006 11:27:19 AM PDT by RecallMoran (Recall Brodhead)
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To: maggief

I will be standing most of the day. Lots of monkeys trying to escape my butt.


103 posted on 08/06/2006 11:43:12 AM PDT by Protect the Bill of Rights
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To: SarahUSC; All

I'm still trying to grasp that on the very day he had Collin and Reade indicted, Nifong is telling the cops to find out what Precious did earlier on the day of the party so they could rule out any other causes of her "diffuse edema". Unbelievable.
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Nifong SIGNED the indictments on April 12th. It was ONLY AFTER he had decided to indict and informed the legal counsel of the players to be indicted of this fact - that DPD investigators went to the DUKE Dorms and attempted to question the players without their legal counsel. The players lawyers said that the Investigators at Duke kept approaching different players and they wanted to know WHO WAS AT THE PARTY.

I think we can deduce that when Nifong advised Finnerty and Seligmann's attorneys of their impending indictment being heard by the Grand Jury, he was told he better rethink that because at least one has an alibi and can prove he wasn't at the party when the gang-raped allegedly occurred.

That is pretty damning, in and of itself, that Nifong after signing and submitting the indictments did NOT even know whom was at that party. It's clear that Nifong was concerned with getting indictments prior to the election.
Finnerty and Seligmann were indicted the last time the Grand Jury would meet before the election.

That was Nifong's overriding concern, and it's sad that the media hasn't called Nifong on this when Nifong claims to be only wanting Justice and not having an agenda.

He's only been after the "Durham solution" all along.


104 posted on 08/06/2006 11:58:54 AM PDT by Mike Nifong (Somebody Stop Me !)
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To: maggief

Before presenting the case to a grand jury, Nifong met on April 11 with the accuser, Gottlieb, Himan and another officer, according to Himan's notes. Neither police nor prosecutors have produced any account of this meeting.

Coaching?
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What do you want to bet that someone in that inner circle had a meeting with Crystal in the days before or on the day of the 4/4 lineup !(That would be consistent with their actions all through this case.)

"On March 31, Nifong sat with Gottlieb and Himan, the two investigators, to discuss another lineup procedure. According to Gottlieb's notes, Nifong suggested that, instead of a lineup or photographic array, they simply have the accuser look at each picture and recall if she saw the person at the party."


105 posted on 08/06/2006 12:04:36 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: ladyjane

The literature on false memory is clear: repetition of photos along with suggestion results in false memories. Some people are very vulnerable to false memories.
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Like people with histories of drug and alcohol abuse. Like people that have been admitted to Psych Wards in the past?


106 posted on 08/06/2006 12:07:24 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: Mike Nifong

The CTV boards are still closed "until updated news".


107 posted on 08/06/2006 12:20:38 PM PDT by CondorFlight
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To: Neverforget01

Just wanted to make sure you saw this!


108 posted on 08/06/2006 12:22:41 PM PDT by Protect the Bill of Rights
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To: abb

Even she cannot function with a never ending case of the vapors, LOL!


109 posted on 08/06/2006 12:23:59 PM PDT by Protect the Bill of Rights
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To: Mike Nifong
ok, this may be far reaching, but is it possible AV performed at a bachelor party where a guy named "Matt" was the groom previously and she is just describing those guys to get it over with and get home?
110 posted on 08/06/2006 12:36:10 PM PDT by old and cranky (You! Out Of The Gene Pool - Now!)
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To: jennyd

I don't believe he thought he would find someone that examined her immediately before the incident. He just said "trauma" and did not specify where. He was looking for witnesses that would say that she had not been beaten before the incident. But, he could have talked to lots of people that saw her immediately after the incident that could have told him that she had not been beaten.


111 posted on 08/06/2006 12:40:32 PM PDT by Hogeye13
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To: Enterprise
"To get warrants, police made statements that weren't supported by information in their files."

If the cops were willing to lie to get someone else a life prison term, they should get life terms themselves.

112 posted on 08/06/2006 12:54:47 PM PDT by Mark was here (How can they be called "Homeless" if their home is a field?.)
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To: Mark was here

"If the cops were willing to lie to get someone else a life prison term, they should get life terms themselves."


"If a malicious witness takes the stand to accuse a man of a crime. . . and if the witness proves to be a liar, giving false testimony against his brother, then do to him as he intended to do to his brother. You must purge the evil from among you. The rest of the people will hear of this and be afraid, and never again will such an evil thing be done among you."
Deuteronomy 19.16ff


113 posted on 08/06/2006 1:00:01 PM PDT by CondorFlight
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To: old and cranky

Sure is possible. I'm sure there's more than meets the eye.

She could be describing something that happened when she was 17.

To your point, I'm positive that we will find out things at trial that we don't know at this point - and may not know unti they're testfied to in court.


114 posted on 08/06/2006 1:08:57 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: darbymcgill

That is odd. What happened during that 20-30 minute window? Apparently there is no report by anyone from DA which I find weird considering what we now know.


115 posted on 08/06/2006 1:09:08 PM PDT by SarahUSC
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To: Hogeye13
Since he was talking about escort services and the ways these services conduct their business-I don't think so.
116 posted on 08/06/2006 1:10:21 PM PDT by jennyd
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To: All


* * * * THE OTHER SIDE OF THE COIN * * * *

Expect to hear more about these items from the article in the Durham courtroom:

Adam, Brett, and Matt raped her anally, vaginally, and orally, using racial and sexual slurs while they assaulted her.

AND

As soon as we (dancers) got back into the house, they (the players) were more excited and angry. The men screamed sexual and racist THREATS at the two women, she said.


117 posted on 08/06/2006 1:12:34 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: old and cranky; Mike Nifong

Matt is also the boyfriend.

Mike, isn't Murchison's first name Matt?


118 posted on 08/06/2006 1:13:28 PM PDT by Protect the Bill of Rights
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To: Protect the Bill of Rights
Yes, Matt is the boyfriend's name.
119 posted on 08/06/2006 1:22:19 PM PDT by jennyd
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To: Mike Nifong

I think that when Nifong realized the DNA wasn't working out he knew the only way he could get indictments was for Precious to ID someone. That's why he set up the final line-up the way he did - a multiple choice test with no wrong answers. And just to make sure he had his investigators run the line-up so they could steer her if she was wavering. Bottom line - the DNA wasn't going to ID anyone so Precious had to.

I can't prove this is what happened but I'd bet money on it. At some point it was communicated to Precious that she HAD to ID someone.


120 posted on 08/06/2006 1:22:57 PM PDT by SarahUSC
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