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 ...
I'm waiting for the Newsweek cover story on Corruption in Durham. . .
FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
U.S. 4th Circuit Court of Appeals
GRIFFIN v WAKE COUNTY
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
............MARK D. GOTTLIEB; ...[other names deleted for space]
v.
WAKE COUNTY, Defendant-Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-96-281-5-BO)
Argued: March 6, 1998
Decided: April 27, 1998
Before WILKINSON, Chief Judge, MICHAEL, Circuit Judge, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.
(snip)
OPINION
WILKINSON, Chief Judge:
A class of emergency medical technicians (EMTs) employed by Wake County, North Carolina, allege that the County erroneously paid them a half-time overtime premium according to the "fluctuating workweek" pay plan rather than the standard time-and-a-half over- time compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 207(a)(1). Finding no violation of the FLSA, we affirm the judgment of the district court dismissing the suit.
(snip)
The EMTs' original complaint was properly dismissed as legally insufficient. The EMTs' amended complaint fails to cure this defi- ciency, so the district court properly denied leave to amend. We there- fore affirm the judgment of the district court.
AFFIRMED
It was a suit regarding the fluctuating work week and overtime pay. pay... Gottlieb and crew lost.
That'll probably happen the same time I have a winning Powerball ticket.
Interesting. thanks
Imagine what we don't know about....
Imagine what has happened to others who got caught in this bizarro world in the past.
How many people have been Nifonged and Gottliebed and couldn't escape?
How's that for integrity!
The ADA says in court - on the Record - that this has nothing to do with the Duke Case. Yet, the Duke investigators that have absolutely nothing to do with this case are in court observing.
Clayton - ran the lineups, was at Blincos that night.
Himan .
And they couldn't fit the others in the pictures.
But, how does the ADA get away with that. That's a breach of ethics.
Guess Himan could've been there for his comments in his notes that Nifong wanted the Cabbie arrested and wanted to know when he was in custody.
What excuse for Clayton ? others?
Things started badly when his ADA Ashley Cannon was caught in a lie in court. While vainly attempting to advance the boss's vendetta against cabbie Elmostafa, Cannon claimed that Elmostafa's arrest had nary to do with the Duke hoax. But, alas, notes from Duke case indicated that Mr. Nifong, whose only focus (other the campaigning against those intent on removing him from office) these days IS the Duke case, directed that he be informed immediately upon the arrest of Mr. Elmostafa. Uh-oh! Strike one.
Moving right along, the star witness, a security guard who happens to share a work address identical to that of the ever-popular local writer, man about Blinco's, and occasional police sergeant, Mark Gott-Lies, took the stand. His testimony, which claimed that Elmo's "getaway" cab sped off before the door to the taxi even closed, momentarily seemed to be a Perry Mason moment. Alas, videotape revealed that this statement was patently false and the star witness slunk from the stand. Strike two
Did Clayton perhaps serve a warrant on Elmostafa?
http://www.newsobserver.com/1185/story/438305.html
Published: May 11, 2006 12:30 AM
Taxi driver Moezeldin Elmostafa said Investigator R.D. Clayton and another officer asked whether he had anything new to tell them about the rape case before driving him to the Durham County jail. He said no and was held for five hours, until a friend posted his bail on a shoplifting charge.
"This case it toast. "
"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."
"When will someone put this case out of it's misery? This can't possibly go to trial can it?"
Well, we know there never was a case to begin with. There was an election, and now another.
The Trial is the Holy Grail. It should be a truly inspiring event, set in the ornate Federal courtroom of the United States Post Office building. A Grand Chapter in the long fight for Civil Rights in Durham, North Carolina.
http://www.newsobserver.com/100/story/471043.html
Linwood Wilson, an investigator in Nifong's office, said Monday that he discovered the warrant when he ran a routine criminal background check on Elmostafa, the type of check he does for all victims and witnesses the prosecutor's office handles. Wilson said he told Nifong about the warrant, and Nifong told him that the office policy was to serve it.
Wilson said he told two detectives working the lacrosse case about the warrant, and Investigator R.D. Clayton arrested Elmostafa on May 10. He was released from the Durham County jail on $700 bail. According to notes taken by Investigator Benjamin Himan, Wilson said that Nifong wanted to be told when the taxi driver was arrested.
2 or 3 Duke officers did (that's in dispute), but serving a warrant is routine.
How about that TOX report that Nifong said over and over there is none.
Those TOX tests are the FIRST one's back - they take less than 48 hours. Nifong was trying to control the timing of that release, because of his comments to Susana Meadows of Newsweek - and others like the HeraldSun.
But, unless, I missed it - it's not being covered anywhere.
I had a TV on in the background and I didn't hear any mention - has anyone seen any of this stuff covered?
The Durham Heraldsun (totally owned By Nifong and Linwood)- as of a couple minutes ago - didn't even have ONE THING on the Cabbie or the TOX tests - NOT ONE. THe N&O did update their site to notify the public. The Durham paper did NOT cover it at all.
Of course, we know they have to. They'll reluctantly print something tonight - but don't look for them to touch the TOX in any real way. Someone to be believed told me the Durham HS has two reporters that hangs out with the Police involved in the Duke case - and that sure has proved true, based on their coverage.
COOL. Liestoppers Got In that Gottlieb and the Security Guard work out of the same mall.
Love that Stuart Taylor!
thanks - and there's more even.
Like Nifong was contacted beforehand - and he told them to arrest the Cabbie. And we heard at one point it was 3 cops that showed up to arrest Elmo.
Which goes along with the fact that Gottlieb likes to minimize
his participation - on paper.
But, where's the Media - they have a responsibility to report.
They went after the players viciously - and now that the complexion has changed they won't touch it with a ten foot pole.
Local AM radio doesn't even cover it any longer - and that's a conservative station!
thanks whippersnapper.
LINWOOD WILSON has blessed us with his eloquence:
"The DA wants the [shoplifting] warrant served," the notes said.
According to Loflin, it was "extraordinary that the head DA would take such an interest in a rinky-dink larceny case."
Nifong could not be reached for comment Tuesday.
But LINWOOD WILSON, the district attorney's investigator, denied that the shoplifting case was used to pressure Elmostafa.
"There ain't no truth in that," he insisted.
=
http://www.heraldsun.com/durham/4-765287.html
Police charge 7 seniors after off-campus party
Dan Englander, The Chronicle, 10/12/05
For years law enforcement officials have received complaints about loud parties, public urination and alcohol violations at 203 Watts St., near East Campus.
In fact, the residence is the most-cited house for noise and alcohol complaints in all of Durham, according an e-mail sent out by Durham Police Department officials.
The most recent incident-a party Saturday-resulted in charges for noise ordinance and open container violations against the house's seven residents, all of whom are Duke seniors.
Officials obtained a search warrant and took five of the seven residents into custody Sunday morning. All were released after posting $1,000 bail each.
As of Monday, police were still looking for seniors Jason Matthews and Mike Kenney, who live in the house. DPD has issued warrants for their arrests.
The residents were allegedly in violation of city zoning laws in addition to the noise and alcohol charges.
In the search Sunday, evidence was collected to aid in prosecution of the charges stemming from Saturday's party. Police confiscated a kegerator, beer bong tubing and a rare flag that had been reported stolen from the Allen Building.
Seniors Justin Bieber, Kevin Breaux, Jeff Goldfarb, Urosh Tomovich, Josh Weinstein, Kenney and Matthews live in the house. Several residents of the house declined to comment Tuesday.
DPD Sgt. M.D. Gottlieb alerted residents in the area about Saturday's events.
"There were reports of subjects urinating on houses across the street, throwing beer cans on neighbors' lawns, loud music, public consumption of beer on the street and sidewalk, and people breaking beer bottles in the street and on the sidewalks," he wrote in an e-mail posted to the Partners Against Crime District 2 e-mail list.
Police also reported that a student threw a 40-ounce bottle at a neighbor who asked people at the party to pick up trash they had thrown on her lawn.
Gottlieb also posted a message from City-County Planning Director Frank Duke to the e-mail list saying too many people are living in the house.
Notices of that violation were issued Monday to the landlord, Guy Solie, and each of the tenants.
Matthews met with Gottlieb and Cpt. Ed Sarvis Oct. 5. He told them he has been arrested four times and cannot afford to keep going to jail, according to the e-mail from Gottlieb.
According to the e-mail, Matthews told the officers there were six people on the lease,
but seven people were actually living at the house.
He told police he gave neighbors the names and phone numbers of the students living in the house and asked neighbors to call them before they called police about disturbances.
Sue Wasiolek, assistant vice president for student affairs and dean of students, said administrators were aware of the disturbances and will look into taking disciplinary action.
She also noted that she has been trying to ease the tensions between students and neighbors for several years.
"My records indicate that I've been working on this particular issue since 1987," she said. "I think the neighborhood associations and the neighbors have been very, very patient."
Wasiolek said that merely asking students to be good neighbors is not always effective. "I don't know that police and University intervention are going to work, but I think we are at the point where we think we need to try," she said.
http://www.dukechronicle.com/media/storage/paper884/news/2005/10/12/News/Police.
Charge.7.Seniors.After.OffCampus.Party-1474778.shtml?norewrite200608050131&
sourcedomain=www.dukechronicle.com
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