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.

[Ken H]

My email to Dr. Shannon Miller of Wright State:

Dear Dr. Miller,

In the August 30, 2006 Herald Sun article entitled "Attorney: Date-rape drug test negative in lacrosse case" by William F West, you were quoted as saying:  

"Negative results, he said, don't necessarily mean no substances were used. That's because some drugs can wash out of the body quickly, he said, also citing the importance of the timing of the test."

However, the test discussed in the article was from a hair sample:

"A date-rape drug test reportedly involving a hair sample of the alleged Duke lacrosse victim has turned up negative, one of the defense attorneys said Wednesday."

http://www.heraldsun.com/durham/4-765602.html

_____________________________________

1. Do drugs wash out of a hair sample quickly?

2. Were you referring to urine tests, rather than hair tests with your comments?

3. Does a negative result on a hair sample tested a month after a supposed ingestion of a date-rape drug mean no substance was used?

[Protect the Bill of Rights]

2 posts at CTV caught my eye only because how short and to the point they were.

I am tossing it out because it is a subject I know nothing about---they thought her behavior was typical of someone on heroin.

Comments anyone?

[JLS]

I am at work. Can you give an summary of what Crier covered concerning this case.

[JLS]

Excellent e-mail, we will all be interested in any reply you get.

[Neverforget01]

Really nothing new--sorry I posted it. I don't watch court tv so I didn't know what to expect. 2 guests : a woman who was sceptical of the 3 to 33 page, 4 month late, Gottlieb report.

Some crazy guy who claimed the negative date rape drug report was defense spin.

Crier ended the segment encouraging viewers to google the NYTimes piece.

As you can see, there was nothing new.

[JLS]

Good report and I view two items you mention interesting:

1. Some crazy guy who claimed the negative date rape drug report was defense spin.

Right you can you spin positive or negative, ie a scientific result? This underlines an important point. Has the defense lied once about any evidence in this case? It is clear NO to me. Has the prosection lied about the evidence in this case? That is a clear YES OVER AND OVER to me. That should tell someone who to believe.

2. Crier ended the segment encouraging viewers to google the NYTimes piece.

Telling people to read a discredited article like that tells me Crier's bias in this matter.

I am glad they mentioned the 3 to 33 pages, but I agree to those of us here, it is well plowed soil.

[abb]

The wacko koolaid drinker was one of Nifong's CourtHouse Crowd water carriers, John Bourlon. Has a wig of kinky white hair. Wonder if that's where they got the hair sample, lol.

Anyway, he said the FA's drinking was off the table, didn't happen (ROFLMAO). And the issue of her being beat up hadn't been challenged. It's really depressing to see an officer of a court carrying on like he was. He should be committed. And he needs to get a new wig...

The other was a female defense type - very suspicious of the 4 month time lag for Gottlieb to do his notes up. Wants to see the original 3 (2?) pages.

Crier seems to be on our side now. Much more suspicious of Nifong since the last time I saw her on the issue...

I've got it TIVO'd and will watch again, but I think these are the main points.

[JLS]

Crier may have come aroud some, but if she reccommended that discreditted NYT article, her heart is in the WRONG place.

[Neverforget01]

Exactly---how can a negative rape drug report be "spin"???--The guy looked like he'd been spun in a washing machine..LOL

[Neverforget01]

I agree with abb--Crier did agree that the Gottlieb report was late and suspiciously supported the prosecution's case. But then she turned around and told viewers to read the article. It didn't make sense.

[Dante3]

Nifong is corrupt. On Greta, two Duke students discussed their drive for voter registration among their classmates. They are aiming for 2,000. Greta implied there is a chance - I don't know how good - that Nifong might lose the election.

[abb]

This just in...

http://www.wral.com/apncnews/9772080/detail.html
Defense Motion Seeks More Reports In Duke Lacrosse Case

POSTED: 6:44 pm EDT August 31, 2006
UPDATED: 6:44 pm EDT August 31, 2006

DURHAM, N.C. -- Attorneys representing three Duke lacrosse players charged with rape filed a motion Thursday seeking additional notes and reports from investigators, including the results of a toxicology test performed on the accuser.

The motion _ filed jointly by attorneys for Reade Seligmann, Collin Finnerty and David Evans _ seeks notes and e-mails outlining activities of Durham police officers involved with the case and a report outlining statements made by the accuser in a meeting with District Attorney Mike Nifong and investigators in April.

It also seeks results of a toxicology report discussed by attorneys during a meeting last week with Superior Court Judge W. Osmond Smith III. Nifong said the report found the accuser's system "was negative for the presence of any controlled substances," though the report has not been provided to the defense, according to the motion.

In a past motion seeking such toxicology reports, defense attorneys have cited a story published in Newsweek in May that said Nifong "hinted" such tests would reveal the presence of a date-rape drug. The accuser told police she was raped by the three players at a March team party where she was hired to perform as a stripper.

The motion seeks handwritten notes from at least 11 Durham police officers regarding their activities in the case; e-mails to and from officers regarding the lacrosse case; reports from labs that performed DNA testing for the case; and an order allowing defense attorneys to view items in a sealed rape-kit box.

The defense also renewed its request for records from the facility where the accuser was taken for involuntary commitment in the hours after the party and where she first said she was raped. The accuser interacted with at least three staff members and was there for 40 minutes, but there is no "substantive report" about her presence there, according to the motion.

Nifong did not respond to an e-mail seeking comment Thursday.

[NCjim]

This just in:

Defense Seeks More Reports In Duke Lacrosse Case

DURHAM, N.C. -- Attorneys representing three Duke lacrosse players charged with rape filed a motion Thursday seeking additional notes and reports from investigators, including the results of a toxicology test performed on the accuser.

The motion -- filed jointly by attorneys for Reade Seligmann, Collin Finnerty and David Evans -- seeks notes and e-mails outlining activities of Durham police officers involved with the case and a report outlining statements made by the accuser in a meeting with District Attorney Mike Nifong and investigators in April.

It also seeks results of a toxicology report discussed by attorneys during a meeting last week with Superior Court Judge W. Osmond Smith III. Nifong said the report found the accuser's system "was negative for the presence of any controlled substances," though the report has not been provided to the defense, according to the motion.

In a past motion seeking such toxicology reports, defense attorneys have cited a story published in Newsweek in May that said Nifong "hinted" such tests would reveal the presence of a date-rape drug. The accuser told police she was raped by the three players at a March team party where she was hired to perform as a stripper.

The motion seeks handwritten notes from at least 11 Durham police officers regarding their activities in the case; e-mails to and from officers regarding the lacrosse case; reports from labs that performed DNA testing for the case; and an order allowing defense attorneys to view items in a sealed rape-kit box.

The defense also renewed its request for records from the facility where the accuser was taken for involuntary commitment in the hours after the party and where she first said she was raped. The accuser interacted with at least three staff members and was there for 40 minutes, but there is no "substantive report" about her presence there, according to the motion.

Nifong did not respond to an e-mail seeking comment Thursday.

[JLS]

Greta implied there is a chance - I don't know how good - that Nifong might lose the election.

Put it this way, do you think Nifong has won over any additional voters since the primary as the evidence has become known? Add in Cash Michael's recent change in tune indicating the Durham black community may feel it was played and Nifong may not get as many votes in the general as he did the priamry.

If they get 2,000 new student voters to vote for Cheek, then that would be fairly significant give the size of a typical Durham DA general election total. So I think there is a chance.

[NCjim]

You actually beat me by twenty-one seconds...

[abb]

We're both asleep at the switch. It's been out on the AP wire for an hour...

[TommyDale]

"Nifong said the report found the accuser's system 'was negative for the presence of any controlled substances' "

If a hair had been used for the test, it HAD to show some controlled substance, the false accuser had been taking prescription medicine. Who knows what else she had been taking...

[abb]

Oh yes. I'm sure the report will show a surfeit of pharmeceuticals...

[TommyDale]

I'm sure it will show crack cocaine, heroin, flexiril, whatever else...

[abb]

surfeit \SUR-fit\, noun:
1. An excessive amount or supply.
2. Overindulgence, as in food or drink.