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Lacrosse players' defense: Documents being withheld
HeraldSun ^ | September 1, 2006 | William F. West

Posted on 09/01/2006 10:19:41 PM PDT by 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.
 



TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; dukerapecase; durham; durhamdirtbag; elmo; lacrosse; nifong
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To: abb

Then I'm confused about which motion, because there was something posted last week or about ten days ago.


181 posted on 09/04/2006 1:34:36 PM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: JLS

I think Roberts and Mangum knew each other. They may have known each other by different aliases, but I think they knew each other. Attorney Mark Siemon, who's not the brightest bulb refers to the them as friends in an interview.

Many people took things for granted just because the media forwarded them as truths.

Look at what else they forwarded as fact: condoms, date-rape drugs, broomstick assaults, strangulations, requesting black strippers, non-cooperation of the team, evasiveness by the team, first 911 caller was not involved with Party, it was the woman's first time dancing, she had been beated terribly, she had vaginal and anal injuries, she was a good mother, Kim was looking out for her, etc, etc, etc.

They may even have had a contentious or competitive relationship - but I think they knew each other.

It appears these two women were prostitutes working the same area. From photographs, it also appears both were willing to engage in sex with other woman before audiences. I would think there would be ample opportunity for them to cross paths in the execution of their professional duties.


182 posted on 09/04/2006 1:36:42 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: Protect the Bill of Rights; Scout2

Brian Taylor's comments in the N&O don't make sense to me and why is he so guarded and so careful?

That N&O article also is problematic from another perspective - a major news outlet doesn't ask basic questions absolutely crucial to this case - like did they have sex or did they do drugs together? It doesn't tell us what Mr. Taylor does for a living or in what city he resides.

That article came out of nowhere and conveniently answered questions that were being asked and reinforced the date rape drug theory.

That article posed prompts many more questions than it answers.


183 posted on 09/04/2006 1:44:33 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: 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

Biggest evidence of no rape imo is that if CGM was being raped for 30 minutes, where the heck was Kimmie? Inside hearing nothing, or outside patiently waiting for someone she barely knew? Then there's the statement that makes the most sense--"If you can get her to the car, I'll get her out of here" or something along those lines. I'm sure Kim had no intention of being CGM's driver.

IIRC, these were observations we were discussing way back in the beginning. More evidence of no rape--the story hasn't gotten any more believable.

184 posted on 09/04/2006 1:45:05 PM PDT by Neverforget01
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To: Locomotive Breath

Crystal is a bigger woman than Kim, and it would have been difficult for Kim to pull Crystal out of the car and just dump her somewhere, anywhere. It would have taken some time for Kim to get Crystal out of the car. She would have had to have driven around looking for a place to do this, and she would have been worried about a cop suddenly coming up on her or somebody reporting her, especially if Crystal were to start yelling and screaming, and just being stopped driving around at that time of night would also be on her mind. When people have warrants out for their arrest that they want to avoid confronting, these are the kinds of considerations that go into their thinking.

Kroger's was her best shot because Crystal would be more likely to be willing to just get out because the store is open, there is a phone, people are around, etc., and it also provided Kim with a way to call the cops without having to use her own phone because she would not have wanted the cops to put that call together with her 9-1-1 call re the "frat house" epithets.


185 posted on 09/04/2006 1:46:42 PM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: Jezebelle

IIRC, the motion filed last Thursday, August 31, 2006 was the first motion filed since the July 21, 2006 motion. I've not been able to find the 8/31/06 motion online anywhere. I emailed Neff and asked him to put a copy online and I called Osborn's office and asked the secretary there to post it online. No luck so far...

http://www.heraldsun.com/durham/4-766289.html
http://www.kirkosborn.com/Motions/MotionforSettingDiscoveryDeadlines.pdf


186 posted on 09/04/2006 1:47:15 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Jezebelle

Why was Kim stuck with Crystal? Was Kim told to drive her home from the beginning? I think someone should have been picking Crystal up. I don't think shw knew Kim either or Kim would not have blurted out "It's a crock" so quickly.
Once again, Kim knows a whole lot more than she's saying.


187 posted on 09/04/2006 1:50:18 PM PDT by Neverforget01
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To: Sacajaweau
From Kim's statement:

I decided go to the 24 hr. grocery store and seek the help of an off duty police officer. Only a security guard was there so we proceeded to call 911.

http://johnsville.blogspot.com/2006/06/duke-lacrosse-scandal-kim.html
188 posted on 09/04/2006 1:54:11 PM PDT by maggief
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To: Jezebelle

And there's this possibility.

Kim stole her stuff and is trying to get rid of her. She mostly naked with no underwear on.

She pulls over half way between the Frat house and Kroger and struggles to get the bigger woman out - She is successful - and a car approaches while Kim is near the naked Crystal. Kim then acts like she is helping Crystal into the Vehicle and hatches the idea that she told Police that she was mostly naked and on the street near Kroger.

A college kid could've even helped Kim put Crystal (back) into her car and then Kim drives her to the Kroger Parking lot.

This would account for Crystal's statements the Kim pushed her out of her car into the street.


189 posted on 09/04/2006 1:58:38 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: Protect the Bill of Rights

See post #188 ...

How is Kim familiar with an off-duty police officer, and looks for him/her at Kroger's?


190 posted on 09/04/2006 2:00:24 PM PDT by maggief
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To: All

http://www.newsobserver.com/1185/story/482567.html
Duke lacrosse team has first practice in five months


191 posted on 09/04/2006 2:03:14 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: All

Statements:

Kim
Jariel Johnson
Himan
Shelton
etc.

http://www.kirkosborn.com/Motions/AmendmentToMotionToSuppressPhotographs.pdf


192 posted on 09/04/2006 2:04:24 PM PDT by maggief
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To: abb

I wonder if 10 walk-ons is high? And how many of the 37 players on last year's team who didn't graduate, decided not to play this year or didn't return to Duke?


193 posted on 09/04/2006 2:22:47 PM PDT by GAgal
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To: Protect the Bill of Rights
2:12:08 am Ah.. Yeah, call and see if you can't get somebody close to Charles St to ride by and check on the young 'uns.

Do you know what time the AV was taken to Durham Access? Shelton says the reason she was taken there was because she wouldn't speak to them therefore they didn't know her name or where she lived. "Taking her home was not an option."

http://www.kirkosborn.com/Motions/AmendmentToMotionToSuppressPhotographs.pdf

(page 12 of 32)
194 posted on 09/04/2006 2:39:35 PM PDT by maggief
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To: pepperhead

Amazing isn't it? Scary too. I mean, how often does this kind of thing go on? That guy was actually convicted and spent 20 months in jail. I sure hope that doesn't happen here.


195 posted on 09/04/2006 2:46:17 PM PDT by SarahUSC
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To: Mike Nifong

She "shows up" at his apt.
He takes her to the party.
He does make it to the hospital the next morning,but does not get her kids.

A few blurbs in the paper.
The next we hear, he is driving Miss Medina.


196 posted on 09/04/2006 2:48:17 PM PDT by Protect the Bill of Rights (quent)
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To: maggief

They are both whores.
They danced at some of the same clubs.
They know the cops and the cops know them.
They have to know each other--how can they not? Dancing at the same club, they would almost have to.
Some of those clubs are like little Peyton Places.
I bet both have done a cop or 2.


197 posted on 09/04/2006 2:57:27 PM PDT by Protect the Bill of Rights (quent)
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To: Protect the Bill of Rights; maggief

A lawyer for an auto insurance company told me once how his own client's story was too neat - it answered every question before it was asked, etc. The guy was a model citizen, but his story was too accomodating in so many ways.

His suspicions turned out to be correct and he had fabricated an eloborate story.

I am reminded of this when I review what Brian Taylor has said on this case.


198 posted on 09/04/2006 2:58:16 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: Neverforget01

Kim was stuck with Crystal because she told the guys she'd get Crystal out of their hair. Remember, they left a whole lot earlier than originally scheduled, so that left Crystal with no ride. We know she made at least one call to her escort service before leaving the lax house, possibly looking for a ride.

I don't think there was a plan for Kim to drive her, and I don't think she knows much more than what she said to the cops the first time and what she said to the defense attorneys. She changed her tune after those interviews.


199 posted on 09/04/2006 3:05:38 PM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: maggief

She probably isn't. She probably thought the security guards there were off-duty cops moonlighting for a security company, and then found that they were only security guards, not off-duty cops moonlighting.


200 posted on 09/04/2006 3:08:32 PM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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