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.

[Mike Nifong]

One thing to ponder.. Take it or Leave it.

You mentioned earlier that it is doubtful that the UNC injuries or report will get in as evidence.

Depending on the direction of the trial, the Defense may open the door by bringing in the evidence of her saying that she was very drunk and taking flexiril.

It goes towards her ability to ID
It shows she contradicts her own statements the night before at Duke Med Ctr.

--

[SarahUSC]

If he didn't know anything what did he present to the GJ?

[JLS]

If he didn't know anything what did he present to the GJ?

As I previously told you, likely a police detective saying that Mangum said she was raped and IDed Finnerty and Seligmann as two of her rapists. That was enough to get an indictment.

You think they presented the SANE report on her? You think they presented Mangum's multiple stories? You think they testified that Mangum was only 70% sure Seligmann was at the party when they first showed her photo arrays? You think they presented Seligmann's alibi? This is a weak case. The strongest evidence is Mangum's lie and it is weak.

[SarahUSC]

No. I think one of the detectives testified to the accuser's story - whichever version they decided to go with, her ID of Finnerty and Seligmann from the line-up, and the injuries that she was treated for at DMC.

[Ken H]

Latest from John in NC--

http://johninnorthcarolina.blogspot.com/2006/08/duke-lacrosse-wrong-no-headline-with.html

[Protect the Bill of Rights]

I think some people might not know there are no written transcripts of Grand Jury proceeding in Durham. (Not sure if it is a state thing)

We can know what the sworn documents say, but we will never know what was verbaly presented.

[SarahUSC]

Yes - I know they don't keep any kind of record of GJ proceedings. I couldn't believe it when I heard it but I know it's true.

[JLS]

I think one of the detectives testified to the accuser's story - whichever version they decided to go with, her ID of Finnerty and Seligmann from the line-up, and the injuries that she was treated for at DMC.

Possibly, but why mention the injuries that might have caused someone on the grand jury to ask why wasn't she really injured?

BTW, I think you are right, but that does not mean Nifong knew those were the only injuries or that Nifong was not at that point in time acting on what he saw when he first met her. Ones first impression may cause one to believe someone to believe something even if their first impression was later shown to be based on bogus information, ie injuries from that sink.

I suspect at some point Nifong knew this was a hoax. I am not sure at what point. [I started a thread asking at what point Nifong became a criminal on the courttv boards once.] I think he might have believed her because she was beat up like you would expect a rape victim to be when he first saw her. But I could be wrong on that. Whether he still held that belief when he indicted, I can not say, but he was trying to hold on to it and trying to avoid evidence.

But no logical DA is looking for someone to testify that a hooker's privates are not swollen prior to the lacrosse party. But certainly a DA could be looking for someone to testify that her jaw or eye was not swollen.

And don't put it past Nifong to try to sneak in testimony from someone like the father that she was all beaten up. Then the defense would have counter with the Duke MD and the UNC MD to show the injuries happened after the lacrosse party not during it. But Nifong is the type of snake to get someone who saw her the evening after to say she looked beaten up even when he knows the injuries happened after the party. He certainly would not introduce the UNC report, but would claim Duke missed these injuries or they showed up later.

[Mike Nifong]

The Grand Juries here (and maybe everywhere) just indict.

They indict, that's what they do.

They heard like 60 cases that day - and returned indictments for ALL 60.

[JLS]

Very good point on how the N&O soft sold the article on Sunday. The headline was at least not misleading, but it could have been harder hitting.

[Mike Nifong]

Check out the Liestoppers latest:

http://www.liestoppers.blogspot.com/

Dig that graphic with Gottlieb !

[Protect the Bill of Rights]

I wasn't talking about you...sorry if it sounded like it. It just popped into my brain while reading the threads.

I could not believe that when I heard it either. He could go in there and say the Pope raped av and none would be the wiser.

[Dukie07]

Just got caught up with the weekend's news. Wow. And, "It's about time!" Glad to see some of the truth is coming out in the media. Need to see it at a national level.

It has never made sense to me - this trip to UNC ER. I mean, if the injuries were from the alledged rape, why in the heck did she need to go to UNC? You'd think DMC would have treated her, no? Or, that she would have been asked to return to DMC for a follow-up? Any injuries treated at UNC had to have been new, IMO ~ as has been said here before, most likely from failing to bring home the money from a busy night's work.

[pepperhead]

Right, which is why they are said to be a rubber stamp for the DA and that you could get them to indite a ham sandwich. This isn't just a problem in Durham.

[pepperhead]

Considering that the conversation regarding the second lab seems to indicate that these comments are in response to the discovery, via the first round of testing, that the DNA found within the false one belonged to someone other than the already indicted players, does the desire to "show that she did not receive trauma prior to the incident" rather than a desire to find out whether the trauma could have been the result of other industrious activities demonstrate further that Nifong was intent on framing the indicted young men?

From this point on I will try to remember to call her "The False One"

[pepperhead]

Opps, replied to the wrong post. Liestoppers called her "The False One". It has a nice ring to it doesn't it?

[Mike Nifong]

It does.

I like the Liestoppers new lineup graphic.

[pepperhead]

This might be the best editon of Liestoppers yet.

Does Nifong really need “documentation” on how an escort service does business?

Perhaps he should just watch a few of the documentaries on HBO, like , Atlantic City Hookers and Downtown Girls: The Hookers of Honolulu.

Rumor has it that these documentaries are often on late at night, frequently right after Turner Classic Movies’ running of something else Mr. Nifong may not have seen: To Kill a Mockingbird.

LMAO!!!!!!!!!!!!!!

[jennyd]

It' obvious to me and to N&O what Nifong meant by trauma.
You can argue otherwise all you want. You arguments make no sense to me whatsoever.
I see no evidence to support "pimp beat her up after the party conspiracy theory". Nifong saw her beaten up, and believed she was raped because of that? Yet, this is not evidence in this case, even though Nifong believed she was raped since he saw her beaten up?
You are arguing her being beaten up is not evidence? That's nonsense. If she was beaten up after the party, and claimed it happened at the party, Nifong would have used it in his interviews. The poor victim beaten up to a pulp? That's not evidence?
But yet Nifong, curiously, does not mention any injuries to her face or leg.
On March 29, Nifong said he believed she was raped because of the trauma to her vaginal region. And never mentioned those injuries she supposedly suffered when her pimp beat her up.
Why?

[Ken H]

Latest from the Johnsville News. Outstanding recap and commentary on today's news--

SUNDAY, AUGUST 06, 2006

Duke Case: Digging through the gaps, inconsistencies, and rubble to see the Hoax

updated:

http://johnsville.blogspot.com/