Duke lacrosse files show gaps in DA's case (DukeLax - NandO FINALLY tells the story)

Raleigh News & Observer ^ | August 6, 2006 | Joseph Neff

[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.

[JLS]

What beating? Where is any evidence somebody beat her up after the party?
And statements by her father and various other relatives don't count.
And other than those statements, there isn't a shred of evidence that somebody like her pimp beat her up after the party.

1. She went to UNC ER the next day. The reasons one usually goes to the ER are injuries or illness. I have not heard anything about her suffering an illness at that time so I conjecture that she went to the UNC ER because she has some injuries.

2. She is a prostetute who did not bring home her pimp's money the night before. That makes her due a beating from her pimp in that subculture.

I can only conclude from those two above facts that she was due a beating when she got out of Duke hospital that morning. [Remember she nor the pimp knew what a big deal this case would become.] She took her beating from her pimp and then he took her to UNC to have her injuries treated. I suspect her pimp really did push her into a sink and that is why at UNC she claimed she hit her head on a sink.

You can of course choose not to believe this is how it when down as it is deduction based on the facts outlined above. It would explain her fathers claim that she was heavily beat up when he saw her later that day. I agree he lies just as readily as tells the truth. This would also explain Nifong's original belief that a rape took place.

But again you are welcome to believe or not believe she took the beating she was due for not having her pimps money. But it is the logical explannation and Nifong certainly was not trying rule out other explannations for swelling that he did not know about at that early stage of the case.

[CondorFlight]

Last bit of advice :

If I were Himan or Gottlieb or even Couch, I'd be making a bee-line for the feds right now; because that investigation is coming (now that it's safe for the feds to do it without being called 'racist', and that they want to save face for themselves and cover up the fact that they've done absolutely nothing);
and whoever gets there first is going to get the immunity offer and save himself.
Last in line loses all . . .

[jennyd]

The article states Nifong wants the information on how Escort Services do business. To rule out trauma to the accuser-with witnesses.
To me, it appears he is specifically talking about vaginal swelling. If not, why bring up Escort Services?

[abb]

Interesting. The Charlotte Observer has picked up the story...

http://www.charlotte.com/mld/charlotte/15212962.htm

[Mad-Margaret]

I wish the N&O would find out whether this case is being designated "exceptional" and whether the new judge will preside over the third setting. I thought that was the point of this "exceptional case" designation: that there would be a new judge in place for the third setting.

With that procedure pending and with all the parties in agreement, I don't understand how Titus can preside over the third setting. I wonder if that August 21 (is that it?) hearing is going to be rescheduled.

[abb]

I suspect Titus and Nifong are having trouble keeping any solid food down today...

[maggief]

See the sidebar:

http://www.newsobserver.com/1185/story/468272.html

WHAT HAPPENS NEXT?

Both sides in the Duke lacrosse rape case are investigating, and District Attorney Mike Nifong has promised that he will hand over more evidence to the defense.

Lawyers for the three defendants have filed a small stack of motions. They've asked for more evidence, for the prosecutor to spell out exactly when and how the crime allegedly occurred, and for Nifong to step aside from the case. Superior Court Judge Kenneth C. Titus has said he won't consider those motions until the discovery phase is complete. The next hearing is scheduled for the week of Aug. 21.

[jennyd]

Here is the quote from the article.
"Mike Nifong stated that: Also need documentation on escort service and how they do business," she wrote in her notes. "Need to nail down what victim did on the day before arriving at 610 N. Buchanan so we can show that she did not receive trauma prior to the incident -- with witnesses."

[SarahUSC]

Send that to Neff as a question. On the homepage the N&O says to e-mail questions and their reporters will answer them online. Abb found that.

I'd like to know the answer to that too.

[Protect the Bill of Rights]

from the N&O article:

"...A registered nurse at Durham Access said the woman was incoherent and her responses appeared "as if she were psychologically hurt," Stewart wrote. The nurse said the accuser's answers to the questions were "more of a traumatic response rather than a drunk response, because her thoughts were broken, but logical due to her trying to hold on to reality."...

I am a bit confused. 

As a nurse I would chart "incoherent" but I would not chart "appears to be psychologically hurt."

I am not sure I would chart this either:

"more of a traumatic response rather than a drunk response, because her thoughts were broken, but logical due to her trying to hold on to reality."...

I would chart her affect, describing a speech pattern and the illogical train of thought, but I would not put in the notes the conclusion that she was trying to hold on to reality. 

Once again, I hated psych nursing with a major passion and I am using the charting techniques I would use in a medical setting.

But I do wonder if we are reading the conclusions of the nurse or Stewart.

 

[jennyd]

We well never know, will we. Because Nifong claimed there is no record made by Durham's access. I do wonder why.

[CondorFlight]

"Titus has said he won't consider those motions until the discovery phase is complete."

Let's make sure that everyone knows this case is a farce and that Titus is a fool if he tries to stall or continue with it. Let him look ridiculous if he tries any pompous judicial play-acting to try and avoid declaring a complete dismissal.

[Mad-Margaret]

Thanks. And we know that too! LOL!

Again, I want to know about that "exceptional case" designation. You all know that I'm in the "ain't-never-gonna-be-a-trial" camp.

I haven't looked at the floorplan yet (So much stuff on an August Sunday!), but on another board, they were recently questioning why this was such top secret information.

[SarahUSC]

I agree. The buck-passing and delaying in Durham is ridiculous. The whole case is ridiculous but isn't Titus up for re-election in November? That makes me think he'll never dismiss the case. But can't he make a few rulings? The Bill of Particulars is supposed to be ruled on at the next hearing.

[Protect the Bill of Rights]

I had forgotten that. Strange, not even a triage sheet?

So as far as documentation goes, it was as if she never went to Durham Access. Except she did and was there for more than a few minutes.

I am having problems with this. She was there for about 30 minutes and there had to be some sort of triage.

This is what these people do. There had to be some sort of record. Even if it was just her name, why she was there and why she was sent to the ER. And a copy of that should have followed her to the ER.

[Mad-Margaret]

Was this the "rumor"? That N&O was FINALLY going to cover some of the important facts of the story?

I thought the "rumor" was about Crystal. And let's see, we first heard about this "rumor" on Hannity and Colmes. When? End of May? Beginning of June?

I wanna know the rumor!

[Ken H]

ABRAMS:  Well now I've seen them all.  It's all numbered.  Every page is numbered of the discovery.  I've seen it all now everything that the D.A. handed over to the defense team, and this case is even weaker than I originally thought. 

http://www.msnbc.msn.com/id/13438728 (The Abrams Report, June 19, 2006)

[SarahUSC]

The N&O story has made the Drudge Report. It's in the middle under the picture - Paper - Files Show Gaps in DA's Rape Case at Duke

http://www.drudgereport.com

[Mad-Margaret]

Titus isn't going to be the one to dismiss the case. That's why they're trying to get this case designated "excetional." The NC Supreme Court Chief Justice will appoint another judge. And you can bet that that judge isn't going to be from Durham and isn't going to be up for election.

[pepperhead]

Ruh-ro! Durham, we have a problem!

A big problem.

That evening, two officers -- Michelle Soucie and Richard Clayton -- showed the accuser photos of lacrosse players taken from the goduke.com Web site, according to notes taken by both officers.

That is the first I have heard of this. This makes all the other failed lineups even more bogus.

After each photo, the police asked: Is this the person who sexually assaulted you?

That was nice of them.

She did not identify any assailants. She did not recognize any of the players named Adam, Matt or Brett. She picked out four men with 100 percent certainty as being at the party, and one player, Seligmann, with 70 percent certainty as being at the party. She could not remember exactly where she saw each person at the party.

Good thing Reid didn't have a mustache or he would have been 90%.

Police showed the accuser two more sets of photos, 12 players in all.

"She could not identify any of the pictures in the photo array," Clayton wrote in his notes. "She again stated the photos looked the same."

Yeah we all look the same.............

Police had shown the accuser photos of 36 of the 46 white lacrosse players. She had not identified anyone as her assailant.

Maybe that should have been a clue to them that none of them raped her. I didn't think this whole thing could stink any more than it already did. But I was wrong.