Lacrosse players' defense: Documents being withheld

HeraldSun ^ | September 1, 2006 | William F. West

[Protect the Bill of Rights]

Lacrosse players' defense: Documents being withheld

By William F. West : The Herald-Sun
bwest@heraldsun.com
Sep 1, 2006 : 11:20 pm ET

DURHAM -- Attorneys for the three Duke lacrosse players charged with assaulting an exotic dancer claim District Attorney Mike Nifong and police still haven't provided several vital documents in the case, as required by law.

As a result, the defense lawyers have filed papers in Superior Court calling for Nifong to produce those documents.

The request to Judge Osmond Smith comes after Durham County's chief prosecutor told Smith and defense lawyers at a recent meeting that a toxicology report indicated the accuser's tested negative for the presence of controlled substances.

That undercuts public hints by Nifong in April that the woman might have been given a date-rape drug, defense attorney Kirk Osborn said.

In court papers filed this week, the defense argued it hasn't seen the written report despite indications Nifong would provide copies.

In addition, the defense is calling for Nifong to hand over complete copies of information regarding laboratory testing in the case by the State Bureau of Investigation and by the testing firm DNA Security Inc.

The Herald-Sun was not able to reach attorneys for the three indicted athletes -- Reade Seligmann, 20; Collin Finnerty, 19; and David Evans, 23 -- for comment Friday.

Seligmann, Finnerty and Evans maintain their innocence on all counts -- rape, kidnapping and sexual offense -- in connection with allegations surrounding events at the lacrosse team party March 13 at 610 N. Buchanan Blvd., next to Duke's East Campus.

Nifong didn't respond to a request for comment left with his office Friday.

In its filing this week, the defense also is pressing for more information about what happened in the hours after the alleged attack, particularly information regarding the accuser's trip with police to the Durham Access Center, a mental health and substance abuse facility, for involuntary commitment.

The accuser reportedly began making rape allegations while at that center.

The defense cites the lack of a substantive report about the accuser's presence at the center, and the defense points to a blank check-in log as an example of inadequate information.

In addition, the defense wants to find out what was said at a meeting Nifong and police had with the accuser April 11 at the county courthouse.

The defense said Nifong argued to an earlier judge that such information was off-limits to the defense.

More specifically, the defense argues Nifong claimed at a case hearing June 22 that the defense was not entitled to know because facts regarding the legal action were not discussed with the accuser. And the defense adds that Nifong considers that to be a confidential communication.

Debunking that argument, the defense says, is that an investigator -- Sgt. Mark Gottlieb -- in a typewritten narrative said Nifong and the accuser met and talked about the case.

The defense points out, additionally, that a police major issued a memo stating all police personnel involved in the investigation were directed to produce all e-mails to and from one other about the case.

The defense said that while the message specified a June 5 deadline for compliance -- with threats of disciplinary action for failure to comply -- there is evidence police have not fully complied.

The defense argues that, in one instance, a crime scene investigator produced a number of e-mails -- but only after defense attorney Brad Bannon found them in the investigator's case file July 18 while at the police station.

The defense goes on to contend that nearly a dozen law enforcement officers who have been involved in the case have not provided all their handwritten notes.

The defense also wants to know more about what police have on file about the woman's background in Durham and about her interaction with the local criminal justice system.

The defense, again citing the July 18 date, argues that Bannon's review of an investigative file at the police station reflects the accuser was involved -- as a suspect, witness or otherwise -- in at least five other probes.

And the defense wants to see what police may have communicated to the Durham City Council.

According to the defense, Gottlieb, in a typewritten document, said that on April 4, he was asked by a captain to produce a timeline of events for the city manager, Patrick Baker, for possible presentation to the council.

The defense wants a copy of that timeline plus a report of the substance of any meetings between or among law enforcement officers, the manager and any council member.

Baker soon afterward briefed the City Council on several points about the case.
 

[ltc8k6]

More good stuff from Liestoppers.

http://liestoppers.blogspot.com/2006/09/hair-analysis.html

[Jezebelle]

Thanks, very interesting article.

Bottom line is that Nifong's rufie dog ain't gonna hunt.

[Ken H]

Could you point me to the sheriff's office? I'd like to collect the reward before abb gets into town.

http://www.freerepublic.com/focus/f-chat/1694252/posts?page=57#57

Subject: Ooops

Hi Liestoppers!

This was published August 27:

http://www.nydailynews.com/08-27-2006/sports/college/story/446936p-376320c.html

Date rape drug issue overlooked in Duke case and others

BY CHRISTIAN RED

DAILY NEWS SPORTS WRITER

______________________________________

Do you suppose CHRISTIAN is now RED-FACED? Take him away, Liestoppers!

[Protect the Bill of Rights]

Did Brian Taylor give a statement? I know he did the interview, but I cannot remember a statement.

Maybe the question should be: has his statement been released? Surely they asked for one.

[gopheraj]

mark

[Scout2]

I was searching for a Brian Taylor statement too.
The only reference I have found is a single N&O article.

http://www.newsobserver.com/1185/story/443932.html

[pepperhead]

Thanks for posting about the Jovanovic case. The similarities between that case and the Duke case are amazing.

It is, right down to the prior false allegations of rape. Of course I don't think we will ever seen any of The False One's low life relatives stand with the accused.

[Protect the Bill of Rights]

from that article:

Police came to his home weeks ago and asked him to make a statement.

He said that all he could tell investigators was about their visit and the drive to the house, which he had difficulty finding.

Taylor and his passenger were flagged down by a man outside 610 N. Buchanan Blvd. awaiting their arrival. "On our way there, she got two calls on her cell phone saying if you don't come soon, it's going to get canceled," Taylor said.

I am just doing some re-thinking.

This is all we have re: Taylor's statement to the police.  IOW, we only know what he says he told the cops.

I am mystified.

[JLS]

Trying to figure out who they meant quite possibly knew who.

If Mangum has at that time already alledged that Roberts [aka Pittman] has robbed or abetted raping her, then they could be talking which of the two people at Kroger this meant, the guard or the one who quite possibly knew her, ie Roberts, despite what she told us. Remember Roberts said she did not know Mangum at all. But in fact she did.

[Sacajaweau]

Never could figure out the Kroger stop.....unless somebody knew somebody. So who was Kim (Crystal) really looking for when they pulled into Krogers?

[Jezebelle]

What I can't figure out is why nobody seems able to understand this. Kim and Crystal did not know each other prior to that night, but they did know each other prior to their arrival at Kroger's. Kroger's would have presented Kim with a nearby, accessible, well-lit, relatively safe, anonymous kind of place to dump Crystal where she could make a call or catch a ride and become someone else's problem, simple as that.

[Dante3]

Thanks for posting this the info on Jovanovic. I could not link for whatever reason to some of the other articles. What is the latest on the DA in the Jovanovic case?

[Sacajaweau]

Both "ladies of the night" are prolific liars. We don't know for certain that they didn't know each other before that night. They do have a common bond: prostitution and someone who gets a cut.

Kim had probably solicited all the boys before Crystal got there and knew going back in to make some more money was useless. Take the money and run. It's exactly what she did!!

[streeeetwise]

any links to the last actual motion filed? I can't locate it.

[Jezebelle]

Use some common sense. Crystal was totally out of it that night, and has changed her story many times. But none of those stories include her knowing Kim before that night. If they had known each other, and cooked this up together, Crystal would not have accused Kim of stealing her money nor would Kim have told the cops the whole story was a "crock."

If there's a conspiracy to railroad these guys, it's between Nifong and Gottlieb.

There are lots of prostitutes in any town the size of Durham where you have law enforcement allowing it to go on unchecked. They worked for different agencies that are in competition with each other, and there is no rational reason to think they knew each other before that night.

[Jezebelle]

It was posted recently, and I think it was from WRAL. Have you checked there yet?

[Locomotive Breath]

Well, I don't either. It's been obvious to me that since Kim was breaking parole she wanted to ditch Crystal without becoming involved with the cops. I'm really surprised that Kim didn't just push Crystal out of the car but maybe Crystal was hanging on too tight. So the Kroger was Kim's compromise to getting rid of Crystal but, ooops!, busted anyway.

[abb]

No one has posted it yet. But WRAL does have this story today...

http://www.wral.com/dukelacrosseheadlines/9785804/detail.html
Duke Lacrosse Team Returns To Practice, Tries To Move On After Rape Case

[Locomotive Breath]

I agree. That Krogers is one of the few places open 24/7 and has been attracting strange characters for years. The other is the Waffle House also on Hillsborough.

[Jezebelle]

Yep, and not only all that, but we know Kim had a cell phone. She could have called the cops herself, but she didn't. That's because she didn't want to give a name and she was afraid they might match the number she was calling from to the phone number from which the 9-1-1 call regarding the "frat house"/racial epithets came from.

It was clear to me from her dialogue in that 9-1-1 call that she didn't want to have direct contact with the cops because she made sure to say they weren't injured and wasn't making a formal complaint or anything.

I think she parked down the street to see if the cops came to the lax house - she gave the address, remember - with the hope of seeing the boys get rousted - enjoy her handiwork. When the cops couldn't raise anyone there, she went on to Kroger's to dump Crystal. It's not real complicated, and I don't know why people think it's such a mystery and are conjuring up all kinds of conspiracies surrounding this aspect of the events that night. These women are typical black whores that spout whatever expedient lie comes into their heads to solve that moment's problem without giving any thought to how that lie will fit into other information in the big picture.

If it hadn't been for Crystal crying rape, she (Kim) wouldn't have gotten busted on the outstanding warrant for her violation of probation. It makes no sense whatsoever that these two conspired the whole thing together or that the security guard had anything to do with it. All one has to do is listen to her call to the police to realize she was as clueless as a brick as to what was going on and didn't know these women from Adam.

I think when a case starts to slow down, the way this one has for the time being, people start imagining things and trying to fill in the blanks with something, anything, which almost always winds up being a conspiracy of some sort.