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Cab driver in lacrosse case acquitted (DukeLax cabbie escapes Nifongery)
Raleigh News & Observer ^ | August 29, 2006 | Staff

Posted on 08/29/2006 1:39:25 PM PDT by abb

The Durham cab driver who has surfaced as an alibi witness in the Duke lacrosse rape case today was found not guilty of a 3-year-old shoplifting charge.

Moezeldin Elmostafa is expected to provide an alibi for Reade Seligmann, one of three Duke lacrosse players indicted in the rape case, because he gave Seligmann a ride after the party that led to the rape allegations.

After authorities learned of Elmostafa's potential role in the rape case, they found an unserved warrant naming him in a 2003 shoplifting case at a Hecht’s department store at Northgate Mall in Durham. A security officer for the store testified today in district court that he saw a woman steal handbags from the store and then jump into Elmostafa’s cab, which sped away.

The security officer testified that the cab pulled away even before the woman had closed to the door. A store surveillance tape, played in court, appeared to show that the door closed first.

Defense lawyers in the lacrosse rape case have said that Elmostafa was charged because he is a favorable witness to the defense. Loflin put one of the lacrosse investigators on the witness stand this morning and produced typed notes from the lacrosse case that show District Attorney Mike Nifong wanted to be informed when Elmostafa was arrested.

Assistant District Attorney Ashley Cannon told the judge the shoplifting case has nothing to do with the rape case.

(Excerpt) Read more at newsobserver.com ...


TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; durham; elmo; lacrosse; nifong
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To: Ken H

"I'd love to shove that photo at that big fat hypocrite, Reverend Barbour of the NC NAACP."

Call it, "The man you wouldn't defend."

But we're proud of him as a fellow American, and an example to people of all colors.


101 posted on 08/29/2006 5:51:40 PM PDT by CondorFlight
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To: gopheraj

mark


102 posted on 08/29/2006 5:55:31 PM PDT by gopheraj
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To: abb
- bookmark for later -

I wonder if Georgia Gosslee is looking radiant now.

103 posted on 08/29/2006 6:00:18 PM PDT by Ken H
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To: SarahUSC

Now that we know that there was a tox report and no date-rape drug (which in my mind was not in doubt) was found. But, what was found. If would be interesting to hear the rest of the report.


104 posted on 08/29/2006 6:37:18 PM PDT by Hogeye13
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To: All

Nifong was lying.

The tox report was done right away.

It had to be.

It didn't take long to do, either.

Nifong should be made to explain how the report was not available.


105 posted on 08/29/2006 6:38:10 PM PDT by ltc8k6
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To: Hogeye13

Yeah. What did she have in her system? Probably alot of alcohol and anything else you can think of.


106 posted on 08/29/2006 6:44:02 PM PDT by SarahUSC
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To: Hogeye13
Now that we know that there was a tox report and no date-rape drug (which in my mind was not in doubt) was found. But, what was found. If would be interesting to hear the rest of the report.

Yes it would. I bet it contains more than flexeril and alcohol.
107 posted on 08/29/2006 6:48:58 PM PDT by JLS
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To: JLS

Now we see that Nifong likely knew there was no date rape drug even as he suggested it in public.


108 posted on 08/29/2006 6:50:57 PM PDT by ltc8k6
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To: JLS; SarahUSC

That is what I would bet. Probably find out what her and her "driver" were smoking or shooting at his apartment.


109 posted on 08/29/2006 6:52:25 PM PDT by Hogeye13
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To: ltc8k6

At this point, with everything we know about Nifong, that is not surprising at all.


110 posted on 08/29/2006 6:53:48 PM PDT by Hogeye13
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To: Ken H

- bookmark for toxicology test discussion -


111 posted on 08/29/2006 6:58:01 PM PDT by Ken H
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To: Protect the Bill of Rights; abb; maggief

The sad part is that was so long ago, I don't even remember it. Does anyone think this is all Nifong parsed his words about? He should be disbarred and brought up on formal charges. But he won't because North Carolina law is conducted by criminals.


112 posted on 08/29/2006 7:13:34 PM PDT by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: abb

I would like to say the same. There are many people on this forum who do a better job that any professional investigators or news media personnel. Many here have uncovered evidence that would have gone unnoticed otherwise, and likewise -- I consider myself fortunate to have been associated with all of you.


113 posted on 08/29/2006 7:19:35 PM PDT by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: TommyDale

When asked about the alleged victim’s evident intoxication the night of the party, District Attorney Mike Nifong told NEWSWEEK several weeks ago that her impaired state was not necessarily voluntary. Refusing to speak about the evidence in this case specifically, Nifong, in retrospect, now appears to have been offering a clue: “What does it mean that she was intoxicated?” said Nifong. “Just as an example--speaking hypothetically--if I had a witness who saw her right before this and she was not intoxicated, and then I had a witness who said that she was given a drink at the party and after taking a few sips of that drink acted in a particular way, that could be evidence of something other than intoxication, or at least other than voluntary intoxication,” Nifong told NEWSWEEK. “There are many explanations for someone appearing to be intoxicated,” he said. Asked if he had any evidence suggesting this scenario took place the night of the alleged rape, Nifong responded, “I don’t have any evidence that I want to talk to you about right now.” Still speaking hypothetically, he went on to say that depending on the circumstances, an alleged victim’s intoxication might make her a more credible witness.

http://www.msnbc.msn.com/id/12357584/site/newsweek/


114 posted on 08/29/2006 7:22:07 PM PDT by ltc8k6
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To: ltc8k6

That man is a well practised deceiver.


115 posted on 08/29/2006 7:45:31 PM PDT by Ken H
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To: TommyDale

This case it toast.

A lead investigator that makes no notes of the AV interview and her descriptions of the assailants, or any other interviews for that matter. This is absolutely insane, and horrible police work, at best. Fabrication, False Testimony, Perjury, and Obstruction of Justice at the worst.

A lead investigator who produces 33 pages of a typed report four months AFTER the incident, with NO WRITTEN NOTES to back it up.

A BALD lead investigator, who is involved in an aggressive altercation at a bar, using racial slurs, in the midst of a major investigation, hires a lawyer, and in put on Admin Leave in the middle of the investigation, and THEN produces a report plugging holes in the DA's case, which contradicts all OTHER investigators. With nothing (notes to back it up). Insanity.

A Tox result which the DA, running for election, failed to disclose, as it was not favorable to his case.

A "Line Up" using only the Lacrosse players so "someone" could be identified the third time, after two prior failures to identify anyone. Breaking numerous procedural elements of common police line-ups.

Crazy people screaming "Justice" and "Dead Man Walking" when there is no indication that they want anything other than retribution or reparation, on a group, using DUKE 3 to make their point with no facts to back anything up.

There is something really wrong in Durham and it has NOTHING to do with this case. The people cited above are beyond redemption.

This case is toast, and any of the fools involved who continue to pursue it, just continue to make themselves look completely insane, vindicative, unbalanced, criminal,and hateful for pursuing this. Never mind potential criminal charges, civil law suits, firing, debarring, defamation, and the like.

God help them all, as they are all going to need it, given their motivations.


116 posted on 08/29/2006 7:56:54 PM PDT by InsanityReigns
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To: maggief

Many thanks for the links.


117 posted on 08/29/2006 7:56:57 PM PDT by Shermy (A louder mime)
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To: InsanityReigns
"There is something really wrong in Durham and it has NOTHING to do with this case. The people cited above are beyond redemption."

It's not limited to Durham, it goes all the way to the Governor's Office and State Government in Raleigh.

118 posted on 08/29/2006 8:01:05 PM PDT by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: TommyDale
It's not limited to Durham, it goes all the way to the Governor's Office and State Government in Raleigh.

I did note the stark contrast of the Govenor of Colorado wondering in public what the DA of Boulder was doing compared to the silence out of Raleigh. And Nifong is the responsibility, the fault of Raleigh, while the Boulder DA is the responsibility of the people of Boulder. So Raleigh should be more willing to bear their responsibility and speak out.
119 posted on 08/29/2006 8:17:23 PM PDT by JLS
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To: InsanityReigns

I can't believe a case like this could be proceeding through the courts in this country. It's an outright mockery of everything the justice system is supposed to represent. Dirty cops, a corrupt, politically motivated DA, fabricated notes, unconstitutional line-ups, multiple line-ups of the same "suspects", mistatements of evidence in search warrant affidavits and a total lack of evidence or anything resembling probable cause. And yet it keeps going.

When will someone put this case out of it's misery? This can't possibly go to trial can it?


120 posted on 08/29/2006 8:34:09 PM PDT by SarahUSC
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