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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: Howlin
Yea, that's very interesting. How did Nifong think they would verify Precious didn't have swelling "down there"?
I presume they all would have to testify they carefully examined Precious "down there" and observed no signs of diffuse edema?
That would be interesting testimony, to say the least.
81 posted on 08/06/2006 8:49:47 AM PDT by jennyd
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To: Mike Nifong
A "Valiant Protector" of a black girl fits right in with the beating of the black guy by Durnam police.

Wonder if there are any other cases of beating "blacks" that got swept away??

What better way to hide "sins of the Durham Police" than to embrace this troubled black mother aka Crystal AND HIS CONSTITUENTS and go after the white guys.

The beating of the black dude lends some "sense" as to the "motive" for Nifong to pursue this. It also puts a new light on why the "black" police chief went into hiding.

Ya think the police chief has figured it out that he is just a token....Just like Moose was in D.C..

When I first read about the beating, I figured that this was a "shut your mouth" event and that some COP INSIDE the restaurant saw the black dude going for a cigarette and "called the beater" to go after and give the black dude his warning.

We need a REAL investigation of the police department and Nifong.

82 posted on 08/06/2006 8:52:42 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: darbymcgill
Have a feeling that the Kroger guard (female) knew them both and they tried to get her (guard) to "help" but the guard didn't want to get involved as she knew these two cruds.

I think the guard is an important witness for the defense unless she's a hooker, too.

83 posted on 08/06/2006 9:04:37 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Sacajaweau

No, the guard did not know them.
Also, it's rather obvious she is not a hooker or she wouldn't be working as Kroger's guard at night. How much do you think that pays?
Compared to hooking? Well, you ain't going to make 200$ an hour as a Kroger's guard, that's for sure.


84 posted on 08/06/2006 9:11:09 AM PDT by jennyd
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To: Howlin
There were lots of witnesses immediately after "the incident".

Police officers, Durham Access employees and security and Duke emergency personnel. Why didn't he just ask them about her injuries. They are trained professionals that are supposed to be observant of those type of things. They would have been the most likely ones to be able to determine if she had injuries. She didn't have the injuries that Persecutor Nifong alleged because none of those trained professionals saw any.
85 posted on 08/06/2006 9:15:26 AM PDT by Hogeye13
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To: Howlin

I recall that early on some posters were also wanting to know her activities prior to the DUKE Party. Nice to know that Nifong was concerned about it too. He should have been a LOT more concerned!


86 posted on 08/06/2006 9:15:49 AM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: abb
Hey abb, thanks for the ping!

It's definitely a big deal when the local rag finally publishes what the blogosphere has known for weeks! And the headline, great! Lotta people online bitch about the MSM, and belittle their belated attempts to finally cover a story, perhaps without thinking that the masses will finally see what 'we' have known for weeks/months.

One question - do we know just how quickly the 'crime scene' investigation was done? Wondering how long after the alleged crime that these 2 items were found. I'd heard of the towel, but didn't recall the info about 'yet another player'.

From the article, last 2-3 paragraphs:

David Evans' semen was found on a towel in a hallway outside another bathroom along with the DNA of an unidentified person. *snip*

The semen of yet another player who lives at the house was found on the floor of the bathroom where the rape allegedly occurred.

87 posted on 08/06/2006 9:20:31 AM PDT by Ready4Freddy (Sophomore dies in kiln explosion? Oh My God! I just talked to her last week...)
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To: Enterprise

Nifong didn't want to REALLY know. It would have messed up the indictment. Pure negligence on his part.


88 posted on 08/06/2006 9:20:46 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Sacajaweau

I think this article by N&O is a major turning point in the whole mess. Nifong was ok as long as the local mag basically supported him. Mark my words - this opens the door to a LOT of media condemnation of Nifong. I think it is going to get really really ugly for him now. The whole concept of "southern justice" is going to be replayed. Crooked and racist cops (referring to the incident in Raleigh), crooked judge, crooked prosecutor. All the stereotypes are going to come out.


89 posted on 08/06/2006 9:26:34 AM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: Ready4Freddy
It was reported that the search took place two days after the party. That's the earliest that semen would have been found-two days after the party.
90 posted on 08/06/2006 9:26:55 AM PDT by jennyd
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To: Hogeye13
I really don't think Nifong is talking about injuries that could have been observed by the police officers.
He wants to find out how escort services do business. So, I presume that means he wants witnesses who can testify to the conditions of her private regions before the party.
91 posted on 08/06/2006 9:29:18 AM PDT by jennyd
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To: SarahUSC
Not only couldn't she pick anyone out of the previous line-ups but she said she was only 70% sure Reade was there. Then a few weeks later she ID's him with 100% certainty as one of the attackers.

The literature on false memory is clear: repetition of photos along with suggestion results in false memories. Some people are very vulnerable to false memories.

All the defense has to do to get the "100% certainty" thrown out is to bring in a false memory/false id expert, e.g., Wells or Loftus.

Actually ALL of her testimony about her attackers is tainted by the repetition of the photos.

92 posted on 08/06/2006 9:29:58 AM PDT by ladyjane
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To: Ready4Freddy

If you compare this with the article of a couple of days ago it seems this is the first time they've specified that the DNA on the two towels from both Evans and Zash was semen. As of the prior article they only described Zash as being such.

http://www.newsobserver.com/102/story/466774.html

"Another specimen matched to Evans was recovered from a towel found in a hallway near Evans' room and the second bathroom in the house. The towel also contained DNA from another person, and SBI testing has conclusively determined that the second specimen did not match the accuser or the 46 members of the lacrosse team who submitted DNA samples, Sutton said."


93 posted on 08/06/2006 9:34:03 AM PDT by Locomotive Breath (In the shuffling madness)
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To: abb; Admin Moderator; Constitution Day
Holes in Nifong's case? Who knew?


Beeber, stuned yet again

Mods, please consider moving this from Chat Purgatory to News/Activism. Certainly it's more newsworthy than the 10,000th story about a bar banning smoking, or those "please pray for my grandma" threads.

94 posted on 08/06/2006 9:43:25 AM PDT by southernnorthcarolina (Some people are like Slinkies: totally useless, but fun to throw down a stair.)
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To: ladyjane
I think Precious's testimony has a lot more to do with flat out lying than false memories.
95 posted on 08/06/2006 9:43:55 AM PDT by jennyd
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To: Locomotive Breath; jennyd

Thanks to both of you! Having a tough time keeping up with all the details, guess I either need to buy the Program, or get John Madden to do the Xs & Os for me! :)


96 posted on 08/06/2006 9:48:05 AM PDT by Ready4Freddy (Sophomore dies in kiln explosion? Oh My God! I just talked to her last week...)
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To: abb

EMail to President Machtley, Bryant University

Dr. Machtley:
Congratulations on hiring such a great coach and for seeing beyond the media hysteria that engulfed Duke. It is a shame that Brodhead did not to act in accordance with his responsibilities as President of such a great university: As Edmund Burke said in response to the excesses and injustices of the Reign of Terror: “All that's necessary for the forces of evil to win in the world is for enough good men to do nothing.” Brodhead and the vast majority of the faculty at Duke have contributed to the evil that has befallen Coach Pressler and the Duke LAX team.
Duke's loss is certainly Bryant's gain. I hope the young men at Duke are as fortunate as Coach Pressler

Respectfully,


97 posted on 08/06/2006 10:03:01 AM PDT by bjc (Check the data!!)
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To: abb
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.

Okay. Now this is just enough. Isn't there anyone within the legal community who can put a stop to this travesty?

98 posted on 08/06/2006 10:32:35 AM PDT by Peach (Prayers for Israel and all who love her.)
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To: abb

Before I catch up on the latest twists and turns in the Duke case, I wanted to read about Coach Pressler's new job. Thanks for the link. While some might say it's a step down from Duke to Bryant, it certainly looks like the coach has landed on his feet. He sounds like a great guy. And you just want to believe that he will be back on top again.

It's scarey when you think that a man's lifework can be derailed so easily on the word of a black hooker. What an age we live in.


99 posted on 08/06/2006 10:56:00 AM PDT by Mad-Margaret
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To: Mad-Margaret; Locomotive Breath

I'm preparing a piece to submit to the Chronicle calling Brodhead out on his scapegoating of the players and coach, and concluding that Brodhead is an opportunistic cad. This is exactly what Brodhead did at Yale -- that is, he is a devious man who saw an opportunity to advance himself at the expense of the university and had no moral or ethical qualms about destroying people in the process. It is becoming obvious that Brodhead used this as an opportunity to gain control of athletics and whether inncoent people were destroyed was, from his perspective, irrelevant.

The N&O article does not really add much detail but does a decent job of collecting information to form a coherent narrative, and shows how duplicitous Nifong and his rogues gallery of incompetent schemers are.


100 posted on 08/06/2006 11:16:50 AM PDT by RecallMoran (Recall Brodhead)
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