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]

I agree, that Liestoppers thing is funny.

The lineup and Gottlieb and some posters comments too.

[Ken H]

Has anyone made note of this at the beginning of the N&O article--

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.

The import didn't hit me until I read this from the Johnsville News--

Apparently the News & Observer now has access to all 1,800 pages of the case documents Nifong has provided the defense. They also look like they've now read some of the material.

So was this a brilliant end run around the gag order?

[Ken H]

So when the N&O writes...

Do you have a question about evidence in the Duke lacrosse case? E-mail your question to jneff@newsobserver.com. Include your name and hometown. Our reporters will address your questions and post their answers later this week on newsobserver.com.

... is that an invitation to ask about what's in those 1800 pages?

[Mike Nifong]

One of the biggies is that it sure looks like they lied in official documents and affidavits. Everything was based off this early documentation.

From the Probable Cause document to justify the non-testimonial order to and secure court approval Saacks/Himan wrote on 3/23:

"The victim was treated and evaluated at Duke University Medical Center Emergency Room shortly after the attack took place. A Forensic Sexual Assault Nurse (SANE) and Physician conducted the examination. Medical records and interviews that were obtained by a subpoena revealed the victims had signs, symptoms, and INJURIES consistent with being raped and sexually assaulted vaginally and ANALLY."

http://www.kirkosborn.com/Motions/MotiontoSuppressPhotos.pdf
(see Page 15)

"The nurse's report noted diffuse swelling of the vaginal walls. It made NO MENTION of Bruises, Tears or Abrasion to either the VAGINA or the ANUS."
http://www.newsobserver.com/1185/story/468272.html

Other references:
http://talkleft.com/new_archives/015094.html

[VRWCtaz]

From the N&O story:

"The next day, March 15, the woman saw two doctors at UNC Hospitals, where she had gone for health care before. Her primary complaint was neck pain. She told doctors she was dancing at a bachelor party and wanted to leave, but the other girls wanted her to stay. She said she was pushed into a bathroom and raped by three men."

"She was knocked to the floor multiple times and hit her head on the sink during one of these episodes," the UNC records said. "She states she was drunk and had a lot of alcohol that night. She denied any pain in the emergency room because she was 'drunk and did not feel pain.' "

To me, this looks like a case where she realized she missed an opportunity to score a "script" for pain meds and she returned the next day to rectify her oversight from the previous day. Maybe someone said to her; "Girl, you could'a got some good s**t."

[jennyd]

Flexeril sure comes to mind.

[Ken H]

From the N&O article:

"In examining the files Nifong has produced in the case..."

Apparently, the defense let them see the files. I wonder if they let anyone else from the media see them.

I also wonder if Judge Titus gagged when he read the story. Gagged... get it?

[abb]

Ruth Sheehan’s Silence is Sickening
http://www.lewrockwell.com/anderson/anderson136.html

[Jezebelle]

I think that came while they were at Durham Access. She gave her name or had given it by that point.

[abb]

Mornin' Jez. How yew?

[VRWCtaz]

Thanks for the link. This is one of the best point-by-point smack-downs of a reporter I've seen for some time. I especially liked this:

By the way, if you are going to reference a Tom Wolfe novel, perhaps Bonfire of the Vanities is more appropriate. He even had an Al Sharpton character in that book, and, guess what, Al Sharpton has been a player in this case, something you have missed so far in your columns.

[Jezebelle]

Pretty good, abb, and top o' the mornin' to you, too.

:>

[abb]

For everyone's edification, it will be instructive to go back to the post of THE VERY FIRST FREEPER to call bullshit on this hoax. See post #5 of this thread. My research so far shows this is the very first person anywhere (except the players, their lawyers and families) to proclaim this saga a hoax. I welcome further research...

http://www.freerepublic.com/focus/f-news/1605181/posts?page=5#5

[InsanityReigns]

Walking around with ONE four inch platform shoe could throw your leg out of whack, but papa didn't know that, did he?

As for "AV Never forgetting those faces," wonder why she could not identify them in several line ups.

As for the trip to UNC the next day, it is only my guess that when she realized that she had lost her purse (with Flexoral in it) she needed to get a new prescription. ie- neck pain.

[CondorFlight]

"For everyone's edification, it will be instructive to go back to the post of THE VERY FIRST FREEPER to call bullshit on this hoax"

There ought to be a special "Howlin Award" now, in dedication--for anyone who does the most to catch the outright lies
and deception of the MSM/governing bodies/politicians;
to be given out once each year, right after the Pulitzers
are awarded to the MSM for their fables.

[Hogeye13]

Thanks for the link abb. I didn't start reading the forums on FP until sometime early in April. I had heard reports on the radio and read news reports on the internet. I never for a moment, when I first heard of it, believed a rape could have occurred the way it was described by the FA and the Persecuting Attorney. The gyrations required to accomplish everything they supposedly did to her sounded humanly impossible. Especially in a small bathroom in a very old house. As Howlin said, in a much more concise way, it just didn't meet the smell test.

[TommyDale]

"Consistent with a beating."

With the crowd she was hanging around with, she was probably far safest with the Duke boys. Her "beating" was for returning without enough cash, and for losing the deposit on that rented shoe! LOL!

[TommyDale]

Ruth Sheehan is out of the office until next Monday, August 14, on vacation.

[abb]

August must be the designated month for all newsies to take vacation. When I tried to email yesterday's story to Newsweek's Susannah Meadows, I got an auto-reply saying she was out until August 30.

Oh well, we still got the internet, our bb's and blogs.

[abb]

On Talk Left (Jeralyn Merrit's forum) these are the posts of someone alleging to be a "Duke Parent." If true, HUGH and SERIES development...


AV's computer
« on: August 06, 2006, 06:04:50 PM »
Reply with quote
Are any of you aware that the AV's computer was taken from her home by defense investigators? Obviously, they must have had a search warrant. But the AV had definitely been googling lacrosse players' families. The monetary worth of her "picks" should not be overlooked.


August 06, 2006, 06:23:23 PM »
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We were told that the computer had been taken by the defense attornies but maybe it was that the defense attornies had access to the computer after it was taken. but we were definitely told that she was googling lacrosse players' families.

Re: AV's computer
« Reply #6 on: August 06, 2006, 06:38:58 PM »
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Not one of the attorneys of an indicted player but an attorney who is involved in the defense of the case.

« Reply #22 on: August 06, 2006, 08:53:10 PM »
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the Duke lacrosse pictures were taken off the web site on Monday, March 27th.

Link here
http://forums.talkleft.com/index.php?topic=44.0