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 ...
Edwards has some strange ideas. So he thinks it's okay to take this case to trial even though there is no evidence and, as even he acknowledges, virtually no chance of a conviction. We're supposed to put three innocent young men through the cost and trauma of a trial because "there isn't alot of gray" in Nifong's world? Come on.
I wonder if Edwards would feel the same way if one of these young men were his son?
"Even if he thinks it's a weak case, he's the kind of guy that will prosecute"
Which means he shouldn't be a DA.
These attitudes are why Durham is screwed up.
The inmates are running the asylum over there. Coldwater and the Nifong lynch mob over there have drove off so many sane posters that the place is clearly a joke. I can't believe that they are bothering posting garbage in the Elmostafa thread. Those people need some help. I don't think I am going to bother reading anything over there anymore either unless some people here call attention to something over there.
Durhamites should know that it is policy of
the Duke Hospital ER to drug test EVERYBODY
that is admitted, with urine sample tests. The lab
machines are closeby and results come back in
one hour.
This of course is to insure accurate diagnoses
of the wide assortment of stabbing, gunshot and
car wreck victims that besiege the place everyday.
These unfortunate people can be assured of world-
class medical treatment, most often at Duke expense.
Duke surgical residents however get invaluable
training in treatment of serious head wounds and
other traumas. We doubt legal niceties are discussed .
On a related note, the reason there were Duke cops
stationed at the ER entrance on that fateful Monday
night in March, is because of past behavioral problems
of certain clients. During a periodic wave of gang violence
there were a few instances where gang-bangers failed
to finish off their targets, and proceeded to chase them
down into the ER department, guns waving, in order
to complete the job. Duke decided to build at great
expense a bulletproof fortress entrance to the ER
through which everyone must now pass, for weapons
checks.
Similarly, when the Durham PD decided to move
its headquarters from next to City Hall to the newly
vacant, but very nice digs of the People's Life Insurance
Co., next to the North Carolina Mutual life Insurance Co.
headquarters on W. Chapel Hill St., local gunslingers
found the large plate glass windows tempting targets.
They figured out whose offices were whose and started
shooting away. All the windows had to be replaced
with a tinted bullet-proof variety of glass.
Our city leaders are still debating whether or not to
bulletproof all the city transit buses and school buses.
Here's Roofie's column last discrediting the Elmo supporters:
http://www.newsobserver.com/138/story/476025.html
Enjoy!
WOW!!!
http://www.renewamerica.us/columns/gaynor/060830
The search for a Duke case hero
Michael Gaynor
August 30, 2006
This is the kind of man who would throw the book at an honor student with a Tweety Bird keychain (Atlanta case several years ago) because of a zero tolerance weapons policy.
I gave Ruth too much credit. Here I thought she was just an uninformed idiot.
Wow, this is one of the most interesting posts I have read.
If the "NO" box was checked by the SANE Nurse, does that mean she did not draw one, not that one was not drawn?
Interesting - the Duke boys, like Elmo, are being persecuted soley for raising Nifong's ire.
I just read that column. I didn't understand a word of it. I'm serious--I have no idea what the point was suppossed to be.
I totally agree - the CTV boards lost a lot of good folks who provided solid information and links.
Now it seems to be just a bunch of AV whiners looking to hang "dem boyz", for all of the social injustices in the world. No concrete or valid discussions.
Original motion filed on May 22nd. Read:::
NORTH CAROLINA
DURHAM COUNTY
FILED
IN THE GENERAL COURT OF JUSTICE
06 1;AY 22 An 9: 35 SUPERIOR COURT DIVISION
FILE NOS. 06 CRS 4334-356
DUFIHAZ COUNTY. C.S.C.
BY
STATE OF NORTH CAROLINA )
VS. )
1
READE WILLIAM SELIGMANN,
Defendant. )
MOTION FOR PRODUCTION OF TOXICOLOGY REPORTS
NOW COMES READE WILLIAM SELIGMANN, the Defendant, through his
undersigned counsel, pursuant to the Fifth, Sixth and Fourteenth Amendments to the United
States Constitution, Article I, $8 19, 23, 24, 26, 27, and 36 of the North Carolina Constitution,
and N.C. Gen. Stat. $ 15A-901, et seq., and hereby moves this Honorable Court for an Order
directing the State to make available to the defense any and all toxicology reports generated from
blood, urine or other biological samples collected from the complaining witness, Crystal Gail
Mangum, on March 14, 2006 at Duke University Hospital. In support of this Motion, the
Defendant shows the Court the following:
1. In an interview with Newsweek reporters, District Attorney Mike Nifong, while
running for election "hinted to NEWSWEEK that blood and urine tests of [the accuser] would
reveal the presence of a date-rape drug." Newsweek; May 1,2006 p.42.
2. No such toxicology report, if it exists, was provided to the defense in the 1278
pages of discovery (Discovery) the District Attorney turned over to counsel for the Defendant on
May 18, 2006. The District Attorney represented to the Court that the Discovery he provided to
the Defendant was everything he had in his files.
3. The discovery provided does show that a known blood sample, and known cheek
scrapping were obtained from the accuser on March 14, 2006. See Discovery, pp. 218 & 543.
The S.A.N.E nurse specifically checked a box on the Sexual Assault Exam Report indicating that
toxicology samples were not collected. See Discovery, p. 543.
4. Discovery Records provided to the defense indicate that a pregnancy test was
performed. See Discovery, p.527. However no toxicology reports (if they exist) were provided.
5. The Defendant makes this Motion without prejudice to his rights to come back at
some later day and move for the production of other documents not provided in discovery but
allegedly generated by during the investigation of this matter.
WHEREFORE, the Defendant prays the Court to enter an Order directing the State to
make available to defense any and all toxicology reports generated from blood, urine or other
biological samples collected from the complaining witness, Crystal Gail Mangum, on March 14,
2006, at Duke University Hospital.
RESPECTFULLY SUBMITTED this the 22nd day of May, 2006.
ERNEST L. CONNER, JR.
ATTORNEY FOR THE DEFENDANT
1829 East Franklin Street
600 Franklin Square
Chapel Hill, NC 275 14
Tele: (91 9) 929-0987
Fax: (919) 929-2740
AlTORNEY FOR THE DEFENDANT
DIXON, DOUB, CONNER & FOSTER
Post Office Drawer 8668
Greenville, NC 27835-8668
Tele: (252) 355-8 100
Fax: (252) 355-0271
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY that the undersigned attorney this day served a copy of the
foregoing Motion for Production of Toxicology Reports by hand delivery upon following person
or to someone duly authorized to accept service for that person at the following address:
Michael B. Nifong, Esq.
District Attorney
Durham County Courthouse
Durham, NC 27701
This the 22nd day of May, 2006.
J. KIRK OSBORN
ATTORNEY FOR THE DEFENDANT
1829 East Franklin Street
600 Franklin Square
Chapel Hill, NC 275 14
Tele: (9 19) 929-0987
Fax: (9 19) 929-2740
Well, warrantless searches and involuntary drug screenings were conditions of her probation. That should have ended before this incident, but maybe it was still on her mind that she would be searched/tested?
If no tox samples were collected, that would mean no blood or urine was collected for tox purposes.
There was the pregnancy test, though.
I dunno, but I'd bet Nifong figured out a way to conceal a urine test.
It's wiser to follow the blogosphere Ruth disdains to get the truth because we sure as hell can't count on her newspaper. That must suck for her.
I don't know either. If blood was drawn and a pregnancy test was done, would the blood samples be saved? What is the deal here? I can't understand why anyone who alleges rape in this day and age, especially considering she reported that she danced at a college party with 40 men, would NOT DO A DATE RAPE DRUG TEST. ANY ONE WITH HALF A BRAIN WOULD KNOW THIS. What's the deal with this, anyone??
Of course the fems are going to get behind this guy. Beleive there is a LARGE political contingent that does not see a single thing wrong with what is going on here.
I posted some time ago to the effect that Nifong "knows his base". Honestly, in feminism-land, these are the types of qualities that get you promoted in the justice system. In Maine a DA that went great guns after a male teacher for a weak sexual assault charge - even though the guy was easily found innocent - got kicked up into the highest public-safety post in the state. He "made his bones" my ruining this guy's reputation - and by standing fast against a public outcry to drop the case.
Nifong's (and the feminist's) problem is that in this case their shenanigans got exposed to national scrutiny. Believe me, there's nothing going on here that isn't going in almost every "democratic stronghold" in the country.
Is there a way to preserve a urine specimen for later testing?
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