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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: old and cranky

http://www.freerepublic.com/forum/a39e93e4d7871.htm

Start here


381 posted on 08/07/2006 11:17:24 AM PDT by Protect the Bill of Rights
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To: abb

O&C, the term "hugh" is a misspelling of "huge." Someone, on some thread used the term - and as FReepers - all smartasses as we are - picked up on it and it became standard usage.

The same with "series" for "serious."


382 posted on 08/07/2006 11:30:58 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Protect the Bill of Rights

Darryl Hunt speaks at Duke Law School to class of 2007

http://www.law.duke.edu/features/2004/hunt.html

(my subtitle : LESSONS NOT LEARNED!)

Orientation 2004: Wrongly Imprisoned, Darryl Hunt Tells 1Ls to “Do what’s just”

“Whatever you do in life, think about what’s right.”

(wrongly imprisoned in N. Carolina for rape and murder for 19 years)

“I’m here to talk about the importance of humanity,” Hunt went on. “People forget that we are all human beings. It’s not about win or lose, but what’s right. If you keep that in front of you, cases like [mine] and others will not happen. There won’t be innocent people on death row, in prison, and being killed.”

“For 19 years I sat in prison for a crime I didn’t commit because people wanted to win, not because they wanted justice and for the truth to come out.”

(snip)

Although Hunt had supporters fighting passionately for his release, progress was slow until 2003, when the Winston-Salem Journal ran an investigative series on the case and raised substantial doubt, Rabil said. New DNA tests linked another man, Willard Brown, to Sykes’ rape, and he admitted to her murder, saying he acted alone. . .

Hunt told the students that he is still deeply affected by his time in prison, but insisted that his faith helped him to persevere in prison and allows him to avoid bitterness now.

“If God says he can forgive you, you can forgive others,” he said. “I wanted to live. Bitterness and hatred can eat you up on the inside. I was at peace in my heart.”

“I pray that whatever you become, you will do the right thing and do what’s just,” he concluded.

(snip)

“I was blown away by his story,” said Hye-Kyung Chang. “His statement to keep what’s right in mind is a great way to start law school.”

Jonathan Connell agreed. “As we all sit here, about to embark on a profession based on high ideals, he personified what integrity and strength are worth.”

(Apparently not enough, though, to engage any of the Duke law students in the lacrosse travisty--which is right on their own front lawn)

(snip)

In her welcoming remarks to the class of 2007, Dean Katharine Bartlett suggested that its members start thinking about what they want their individual reference letters from Duke Law to look like at the end of three years.

“What do you want to be true about yourself? If you have that in mind, you will get what you want out of a Duke education.”

(Yeah, right. Bartlett has remained abysmally silent about the lacrosse case.)

(snip)

While leadership and relationships were the focus of the first day of orientation, ethics and professionalism took center stage on the second. In her keynote address, Dr. Elizabeth Kiss, the Director of Duke University’s Kenan Institute for Ethics, noted that law schools have not always welcomed an open discussion of law and ethics.

“By organizing a day around ethics, Duke Law School is saying that as you begin your formal training to enter the legal profession, you need to think about the ethical dimensions of what it means to be a legal professional.

“Don’t let your conscience go on autopilot. Constantly assess your values. Seek out dialogue, within the classroom and outside. Being a person who acts ethically and knows how to act takes practice. Raising ethical questions within and about the law takes practice,” she advised, noting that it’s also easy to be sloppy regarding ethics. Kiss cautioned students against “confusing winning with justice. Victory within the justice system does not always equal justice.”

(again, I guess the class was asleep during that lecture)


383 posted on 08/07/2006 11:32:48 AM PDT by CondorFlight
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To: old and cranky

This shoulda been directed to you. Sorry.

O&C, the term "hugh" is a misspelling of "huge." Someone, on some thread used the term - and as FReepers - all smartasses as we are - picked up on it and it became standard usage.

The same with "series" for "serious."


384 posted on 08/07/2006 11:32:51 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb
abb, pbor,

thank you, I didn't see any references to hugh and series on the thread pbor sent, but it was interesting to read. I am thinking about going to "html bootcamp", at least there won't be sit up's involved....I hope.
385 posted on 08/07/2006 11:39:00 AM PDT by old and cranky (You! Out Of The Gene Pool - Now!)
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To: old and cranky

Here's an old lexicon thread. I couldn't find hugh and series on it, tho.

http://www.freerepublic.com/focus/f-news/673536/posts


386 posted on 08/07/2006 11:42:30 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: ladyjane; abb

Defense attorneys don't get search warrants.

They would have had no access to her computer, if there even is one, unless it came from Nifong.


387 posted on 08/07/2006 11:43:30 AM PDT by Howlin (Pres.Bush ought to be ashamed of himself for allowing foreign countries right on our borders!!~~Zook)
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To: old and cranky

Many years ago the words huge and serious were misspelled by a poster who got excited and was in a hurry to disseminate some breaking news.

Fortunately no one remembers who the original perp was. The teasing was merciless.

Around the same time on a thread about a possible terrorist attack some poor poster unfortunately said (approximately): "I have to go take a shower. Let me know if anything happens while I'm gone."

Again the original poster has faded into obscurity. That's a good thing!


388 posted on 08/07/2006 11:46:23 AM PDT by ladyjane
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To: Howlin

Could the defense attorneys get access to her computer? They requested access to her telephone. Would they have to publicly request access to her computer?


389 posted on 08/07/2006 11:50:00 AM PDT by ladyjane
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To: Howlin
They would have had no access to her computer, if there even is one, unless it came from Nifong.

There was an argument made over on Talk Left by LTC8K6 that the defense IS entitled to the comp. I have no idea if it's correct or not.

"The defense is entitled to examine the actual computer(s) belonging to the AV, just like they were entitled to examine the actual phone(s). They do not have to accept the prosecution's examinations of these items.

"It's entirely possible that the defense has access to the computer(s) by now.

"I can't wait for the vibrator the AV used the day of the LAX incident to be shown in court. That ought to be interesting...."

390 posted on 08/07/2006 11:56:37 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: TommyDale

You think Ruth Sheehan wishes she never wrote that column that everyone and his brother have thrown back in her face at various steps in this case.

And Anderson is right, Sheehan does know what went on inside the N&O and her silence on this is sickening.


391 posted on 08/07/2006 11:58:39 AM PDT by JLS
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To: Howlin

What ever happened to mam81 ?


392 posted on 08/07/2006 12:02:05 PM PDT by TommyDale (It's time to dismiss the Duke fake rape case, Mr. Nifong!)
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To: old and cranky

O&C, for an example of the warped sense of humor of FReepers in regard to "huge" and "hugh," see this thread ongoing now.

http://www.freerepublic.com/focus/f-news/1679355/posts


393 posted on 08/07/2006 12:02:40 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

If they have access to the computer, if there is one at all, they got it from Nifong, flat out asking the judge to give it to them during this discovery period.

Frankly, I don't believe that story. She may well have had a computer, but that is just a little too pat for me.


394 posted on 08/07/2006 12:25:07 PM PDT by Howlin (Pres.Bush ought to be ashamed of himself for allowing foreign countries right on our borders!!~~Zook)
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To: JLS; TommyDale

Exactly. I almost throw up every single time I see her face on that section now.


395 posted on 08/07/2006 12:25:49 PM PDT by Howlin (Pres.Bush ought to be ashamed of himself for allowing foreign countries right on our borders!!~~Zook)
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To: Howlin; JLS; Protect the Bill of Rights; Mad-Margaret; maggief; abb; Locomotive Breath; ...

I heard a rumor that at the local newspapers, the first thing a new reporter gets assigned is a pair of kneepads, then a steno pad and pencil, then a notebook computer -- in that order.


396 posted on 08/07/2006 12:40:33 PM PDT by TommyDale (It's time to dismiss the Duke fake rape case, Mr. Nifong!)
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To: Howlin

I've not found (yet) any specific motion from the defense asking the prosecution to produce the FA's computer. But they did file such a motion on May 1 for the cell phone. I'm not ready to dismiss this theory of the FA' googling up the Lax players financial history. There was a 10 day period where the perps could get together and concoct an extortion plot. She may have figured that since she's screamed rape, may as well go for the whole nine yards...

http://www.kirkosborn.com/DukeLacrosseCase.html
Motion 8


397 posted on 08/07/2006 12:50:01 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: old and cranky; abb; al baby

One more OT:
This one is a classic. The story of the beeber.

http://www.freerepublic.com/focus/f-news/1162751/posts


398 posted on 08/07/2006 1:04:09 PM PDT by Protect the Bill of Rights
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To: abb

Googling the LAX players' families to find deep pockets seems to make the entire story too complex and fraught with being proven wrong. Some on this site might have the imagination and skills to do it, but do you really think the AV did? If she did, would she do it on her own computer? It certainly makes sense for the defense to take a close look at her computer -- but it is a real long shot.


399 posted on 08/07/2006 1:06:24 PM PDT by bjc (Check the data!!)
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To: bjc
"Some on this site might have the imagination and skills to do it, but do you really think the AV did?"

Some think it makes for a great story line, but I don't think the AV was smart enough to turn on the computer, let alone do any such research.

400 posted on 08/07/2006 1:10:39 PM PDT by TommyDale (It's time to dismiss the Duke fake rape case, Mr. Nifong!)
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