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 ...
The defense kept hammering the court about getting it. They believed a test was done.
".....has suggested to the media numerous times in the past that the accuser had been given such a drug." Another deception? "A toxicology report that the defense was informed of last week was negative for any date rape drug in the accuser's system," Chesire tells me."
Man, if those three lacrosse players have any attorney with stones, something tells me they have a civil rights settlement pot at the end of the rainbow that should pay for their Duke education........
Nifong may have been trying to keep it as part of a probation violation case against Mangum by claiming no report was "available". Weasel words. If the test was done at Durham Access where she was taken for committment as a result of her behavior and the condition she was in rather than at Duke for the rape, Nifong could make that argument. It's not wholly irrational. Obviously, if the test result was negative for date-rape drungs and positive for other drugs, that would be damaging to Nifong's "case".
BS
The store found the shoplifter through him. And since when has become hard to find a guy who drives a cab for a living? If they wanted to find him all they had to do was go to the cab company or call for a cab till he showed up. This Wilson guy makes me sick going around singing in his gospel group.
I'm not surprised, either, and that part of Taylor's piece stood out somewhat to me, too. I think Nifong has it in for Duke, too. Both of his parents went to Duke, but he went to UNC or some other lesser college.
So I think they've all got big chips on their shoulders about Duke - rich, white northern boys cavorting at Duke while they toil as public servants trained at mediocre institutions.
abb, you're a pleasure to keep cyber company with, and yoou do us all a great service with your research and attention to related information. :>
Thank you.
My memory may be wrong, but I thought it was Himan who served the warrant on Elmo. If so, he was probably the one who Nifong told he wanted to know when Elmo was in custody. Therefore, that would have been Himan who testified and maybe that's why he was there.
ping
As much as I hate to do this I am going to agree with Geoffrey Fieger here. What we are seeing here is what happens across America everyday in the legal system. While it might be democrats doing it this time republicans can do it just as well. Normally poor people don't have the means to fight it and just cop a plea. Some times DA's gets the right people using these tactics and it is all good. But sometimes they don't and they will never admit they were wrong in the case.
Thanks for the update. Good news indeed.
Then that's why they were there in court today. They were subpoenaed by the defense.
That is hilarious.
Anyone else having trouble buying Linwood's story? Wouldn't be the first time he was caught in a lie.
I forgot about brother Linwood saying that. He better hope there isn't a hell.
You are probably right about the source of the toxicology examination.
However, the fact that the examination was done under the probation order should not relieve Nifong of his ethical obligation to disclose exculpatory or impeachment evidence.
I chalk this up as one more incident of ethical misconduct by Nifong.
Any actual sightings of the Toxicology report?
Jonathan Massey, security guard
Massey is a name I have run across many times.
I noticed the same thing ... the Massey name is stored in some of my search engines cookies.
Veromi has 1 Jonathan Massey (middle name Nicholas) 25 years old
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.