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.

[Sacajaweau]

It still boils down to: "How do 3 young men have 3 kinds of sex with this "hooker" and leave no semen or body hairs on her?" End of story!!

[SarahUSC]

In the search warrants reference was made to felonious strangulation although none of the players were indicted on that charge. At some point the whole idea of it was dropped.

By the time Collin and Reade were indicted I'm sure Nifong had read the Duke medical report. He probably had either a detective on the case or someone from the hospital testify at the GJ as to the medical findings at Duke Medical Center. So why would he instruct the police to find out if she had been beaten prior to the party when he now had to know there was no evidence of a beating when she was at Duke?

[JLS]

By the time Collin and Reade were indicted I'm sure Nifong had read the Duke medical report.

Really, had he read up on Seligmann's alibi by then? Now I have never said you are wrong and I am right, but Nifong was probably satisfied to be able to say there was "trama" and did not want to read the report to find out just how weak this was.

So why would he instruct the police to find out if she had been beaten prior to the party when he now had to know there was no evidence of a beating when she was at Duke?

Because he had been told the Duke SANE report said she had injuries. He did not read it or know the details. He has seen her looking beat up after the party. He assumed these were the injuries he was told about [did not want to know if they were not] and wanted testimony from those that had seen her prior to the lacrosse party that she did not have said injuries prior to the lacrosse party. You seem to be forgetting that Nifong knew he needed indictments to win the primary and he did not want to know the evidence in the case at that point.

[jennyd]

Nifong had described her vaginal injuries as swelling. I could find quotes, if you don't believe it

[jennyd]

Again, nobody but her relatives described her as beat up. Had Nifong ever described her as beat up? Then why are you arguing he saw her beat up and thus believed her about rape? Yet somehow her being beat up ended up not being relevant to this case? Not included in discovery?

[Mike Nifong]

FOX / IN THE LINEUP / Guilfoyle

30 minutes into the show, she hasn't mentioned DUKE.

She's going after some man - following her natural inclinations. Even on a day where this huge story if published - and, one would think she would feel obliged to report the news since she viciously trashed the LAX players early on.

Guilfoyle said that if she was one of their Mothers she wouldn't allow her son to come home. She said they were all stonewalling in order to escape justice.

[JLS]

Nifong had described her vaginal injuries as swelling. I could find quotes, if you don't believe it

When? That is the key. Did he say this prior to the date at issue in this article? Did he claim those were the only injuries?

Go ahead and try to find some such quote if you think you can. Do not show up with a newspaper article where Nifong mentions injuries and the reporter then talks about her privates like in this one. Only direct Nifong quotes might be proof. [I say might because the media is well know to get quotes wrong at times.] And again only quotes prior to the date of this article are germane here.

[SarahUSC]

As careless as Nifong is, I think even he would have looked through the medical report. And he had to have someone testify to the grand jury as to the findings of the medical report. Usually that involves some degree of detail. There would certainly have been a description of all the injuries found at Duke Medical Center.

[Hogeye13]

Sarah, it is highly doubtful that at the time of the first indictments that Nifong had read he Duke medical report. It became very clear from the defense motions that he had read little of the discovery he had turned over to the defense. Then when Joe Cheshire was challenged by Linwood Wilson after the second set of discovery was turned over, it became abduntantly clear that the persecutor and his office hadn't read their discovery.

[ltc8k6]

JLS, Nifong might have wanted to know if sex toys were commonly used in performances by escorts. If sex toys were commonly used, they would account for the swelling.

However, the AV already said she had used a toy earlier that day.....

Nifong probably did not read that statement from her.

[SarahUSC]

I would say that's possible but for the fact that someone had to testify, in some detail, to the findings of the medical report in front of the grand jury. Therefore, I think Nifong had to familiarize himself with the contents of the report especially since, presumably he made the presentation to the GJ and conducted the questioning. The same would go for the accuser's statement and, as to Dave Evans, the DNA report which provided the partial match. I think he had to have read those as well.

Certainly no one testified about the accuser's many stories which may explain why Wilson was clueless about them.

[Hogeye13]

If the truth had been presented to the GJ concerning the medical exam at Duke there would not have been any indictments. I believe that Himan was the one that presented to the GJ and he told the same things that were written in the affidavits to get the search warrants. The truth in this case would have caused a no-bill to be returned by the GJ. There were no injuries consistant with rape in the Duke reports so how do you present that to the GJ and get an indictment. This was all a scam from the beginning directed by Nifong.

[JLS]

I would say that's possible but for the fact that someone had to testify, in some detail, to the findings of the medical report in front of the grand jury.

You over estimate the testimony that the grand jury heard. They spent something like an average of two minutes per case that day. The testimony they heard was a police officer testifying that she claimed Finnerty and Seligmann raped her was probably enough. The cop might or might not have testified that the Duke SANE report said she had injuries. Details of said injuries are not necessary, remember there is no cross examination.

[Protect the Bill of Rights]

I need a refresher couse, so much of the early reports have vanished from my little brain

In a nutshell:
She is at Duke ER and then goes to UNC ER the next day? (How did I miss the UNC part? rhetorical question only)

IIRC, Travis said she also had to have her leg pulled back into place, her eyes were swollen, blah, blah, blah. Consistent with a beating.

Could the defense get the records from UNC for comparisons as a matter of investigating the case or would it be contingent upon Nifong making charges of the physical assault aspects (choking, etc)

[JLS]

Nifong might have wanted to know if sex toys were commonly used in performances by escorts. If sex toys were commonly used, they would account for the swelling.

This certainly could be the case. Were Nifong not actively avoiding evidence at the time, I might believe that is the highest probability case.

Of course if one were informed about their case and knew their complaining witness was a hooker, one would not look further. One would know that swelling is probably parr for the course for women who have sex with a variety of strangers on a daily basis. But I suspect that Nifong is not the type to have thought about sex toys, but then you could be right too as I have said all along about this.

[Jane Austen]

One of the talking head said it was impossible not to leave DNA.

Also, how big is that bathroom? Would they all fit in and do the things some of the AV's statements claim?

The media sure has lost interest quickly in this story. seems to go out of its way not to report it (even repeating over again the same news).

[SarahUSC]

Even if it only took 2 minutes, I think they would have testified to all her main injuries - which would have included a beating if she'd had one. So, I think Nifong had to know what the basic conclusions of the report were - edema, cuts on the leg and a cut on the foot. Also she complained of tenderness in some areas. That takes about 30 seconds to go over.

[Hogeye13]

PBR, not replying for JLS, but there has been past discussion of this. There were articles including one in Newsweek, I think, that mentioned the trip to UNC. There was some previous discussion (not today) regarding her saying she had hit her head on a sink. That is all I can remember regarding the discussion. This information may have come from a defense motion filing but I am not sure.

I'll see if I can find the Newsweek article and provide a link.

[Jane Austen]

CTV is only harming its own credibility by these childish actions with their board.

[jennyd]

Here is a transcript of Abrams report on March 29th.
Nifong was asked why he believed the woman was raped.
He said because the woman had trauma to her vaginal region.
Notice, he did not say he believes the woman was raped because she was beat up to a pulp.
http://www.msnbc.msn.com/id/12065803/