Cab driver in lacrosse case acquitted (DukeLax cabbie escapes Nifongery)

Raleigh News & Observer ^ | August 29, 2006 | Staff

[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.

[Protect the Bill of Rights]

http://athletics.livingstone.edu/football/RobertMassey.htm

Robert Massey joined the Blue Bears by ways of his alma-mater North Carolina Central University. In 2004, he served as the defensive backs coach during the Eagles 8-2 season. The previous year, when he joined their coaching staff, Massey was the receivers coach.



As a student-athlete at NC Central, Robert Massey became the Eagles third all-time career leader in interceptions during 1985-88. He served as team captain during his final two seasons at NCCU, earning All-CIAA recognition in 1987 and 1998 and receiving All-America honors as a senior. He was then drafted in the second round of the 1989 NFL Draft by the New Orleans Saints. In ’89, he was named to the 1989 All-Rookie Team. Massey was later selected to the 1992 Pro Bowl as a member of the Phoenix Cardinals.



In 1998, after ten seasons in the National Football League, Robert Massey retired from the NFL as a member of the New York Giants. He continued on with the team as an assistant defensive backs coach. Coach Massey returned to Durham, NC in 2001 to take over the football program at Hillside High School. During the Hornets second season under his leadership, he guided them to their first state playoff appearance in nine years.

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related? need to check it out

[Ready4Freddy]

Got a URL not found error msg on that link this AM. Tough to say how far away from def they are, could be a perspective problem.

Durham taxi driver Moezeldin Elmostafa (center) listens to testimony during his bench trial in District Court today as Durham police investigators Benjamin Himan (at left) and Richard Clayton look on. Mostafa, a witness for the defense in the Duke lacrosse case, was charged in a three-year-old misdemeanor for aiding and abetting a larceny. He was acquitted of the charges. Himan and Clayton are investigators for the Duke lacrosse rape case.
Staff photo by Chuck Liddy

[maggief]

You've got mail.

[CondorFlight]

"If we use any common sense and take all the evidence, we can see he [Elmostafa] did know about this before the larceny took place, while it took place and after it took place," Cannon said."

She must be really proud of the cases she takes--Evans for noise violations, and now Elmo.

And while she "knows" this about Elmo, she also "knows" that this had absolutely nothing to do with the lacrosse case.
And she manages to get that out with a straight face...

[Ready4Freddy]

Found a copy of the column referred to in the Letter to the Editor, abb. FR's history under keyword 'dukelax' doesn't appear to go back that far, but the bloggers saved us once again! ;>)

Opinions on the Duke Lacrosse Case

Re:

Following his sick performances for the camera early on, the Times published a column by North Carolina writer Allan Gurganus, who is best known for long and tedious tales such as the 1989 "Oldest Living Confederate Widow Tells All" -- a book whose length is eclipsed only by its countless historical inaccuracies.

Gurganus' premature tried-and-convicted column combined smarm with the requisite julep fever.

[CondorFlight]

Stevensen sure goes as far as he can to slant the article to make it look like Elmo might really have been guilty, but just managed to get off.

He could just as easily have emphasized the unusual nature of the arrest, and then the fact that the first questions to Elmo were about the rape case.

Or he could have shown how the prosecution witness "erred" (to be charitable) about the car door being left open as Elmo "sped away";

Or he could have shown how the two police officers "erred" when they said that the taxi didn't stop at stop signs and raced away (the tape, alas, evidently shows differently)

He could have ended with a quote from the defense lawyer,
that Elmo was innocent in every detail.

Instead he ends with a quote from Ashley, who still believes in the case.

It's too bad the USSR is gone, because he could have applied for a great position with Pravda, the Soviet propaganda and truth-twisting organ, and given this as a great example of his abilities.

[abb]

http://www.nytimes.com/2006/08/30/arts/television/30media.html?_r=1&oref=slogin
Reflection and Red Faces After the Ramsey Storm

[Ready4Freddy]

Tough to say in this case, certainly looks like a decided lack of evidence (like another case we're discussing :). Guess they were never able to tie the driver to the shoplifter, meaning that they apparently didn't know each other

I noticed that the article said that the defense replayed the surveillance tape 'attempting' to show that the cabbie didn't speed, run stop signs, etc. Did he or didn't he?

Stevensen sure goes as far as he can to slant the article to make it look like Elmo might really have been guilty, but just managed to get off.

Dunno if this has ever been established beyond the cabbie's assertion, prolly didn't come out at trial. Were I a defense atty I certainly would not have brought it up - you just don't know how a local jury would react to that bit of irrelevant (to this case) information.

He could just as easily have emphasized the unusual nature of the arrest, and then the fact that the first questions to Elmo were about the rape case.

[gopheraj]

IMO, they were there to let the cabbie know that they will be watching him no matter what.

[Ready4Freddy]

Sounds like it was Clayton who made the arrest, so of course he'd be there.

Not much point in intimidating the cabbie - both sides have his sworn statement, which should be admissible in court without the cabbie's authentication. And they have the timeline of the cell calls / ATM withdrawal / fast food pickup / dorm entry...

[CondorFlight]

"http://www.nytimes.com/2006/08/30/arts/television/30media.html?_r=1&oref=slogin
Reflection and Red Faces After the Ramsey Storm"

I'll bet when this is over, that the ame NYT doesn't print anything about "red faces after the Duke storm".

Probably all of the media will cover for themselves--never explain, never apologize, just keep moving right along. . .

[CondorFlight]

"There is no true moral responsibility (in the press) for distortion or disporportion. . . If they (the journalists) have misled public opinion by inaccurate information or wrong conclusions. . . do we know of any case of open regret voiced by the same journalist or the same newspaper?. . . A nation may be the worse for such a mistake, but the journalist always gets away with it. It is most likely that he will start writing the exact opposite to his previous statement with renewed aplomb. . ."

Alexander Solzhenitsyn, Harvard, 1978

[Locomotive Breath]

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.

Nifong went to UNC undergrad and law school. You are correct that both his parents are Duke grads. One must presume that he applied to Duke and didn't get in.

[webstersII]

"best start lawyering up"

Not sure I agree with you here. Do you think they will do anything to those guys? Sure, there's lots of evidence but certainly no officials in that county will bring a case. Other than that they just have civil lawsuits to fall back on, which won't go very far, either. Am I missing something here?

[Fido969]

A toxicology report that the defense was informed of last week was negative for any date rape drug in the accuser's system,"

WTF!!??

[Protect the Bill of Rights]

seen at CTV:

STICKY:EDITED 8/29 - YOU CAN'T USE THE AV'S NAME" & His name is NIFONG, not 'THE FONG" (

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Wonder if wittle mikey emailed those mean old posters?

[maggief]

http://media.www.dukechronicle.com/media/storage/paper884/news/2006/08/30/News/Citizens.Show.Support.For.Nifong-2251653.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com


8/30/06

Citizens show support for Nifong

Shreya Rao

EXCERPT


Though Nifong said he did not play a role in the formation of the group, he told The Herald-Sun that the support "made me feel good."

Mark Edwards, a Durham criminal trial lawyer and Nifong supporter said that though he hadn't heard of the group, he maintains his support for the DA.

"He really believes in the case and that's the bottom line for me," Edwards said.

Edwards, who worked with Nifong for nearly 16 years, said he did recognize flaws in Nifong's handling of the lacrosse case.

"He's made some mistakes in the case [like] talking to the press," Edwards said. "It sounds like the defense has a pretty strong argument.... I'm of the opinion that if the case plays out, it'll be difficult for Mr. Nifong to get a conviction," he added.

Still, Edwards said he understands why Nifong has pursued charges.

"Things are fairly clear-cut for him," Edwards said. "Even if he thinks it's a weak case, he's the kind of guy that will prosecute. There's not a lot of gray in his world."

[Howlin]

So he thinks Nifong is wrong, but supports his prosecution blindly?

[maggief]

I gave up trying to read the CTV boards. Too many disrupters.

[maggief]

Anything to keep him in the MSM ...

http://www.newsobserver.com/1185/story/466217.html

"It's sort of like a little cottage industry that started with the Michael Peterson case," said Mark Edwards, a Durham defense lawyer, referring to the 2003 murder trial of the Durham novelist that also attracted national attention. "I certainly went through withdrawal after Peterson was over. I didn't get to be on TV. I felt like I needed a 12-step program."