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.
 

[Protect the Bill of Rights]

Hats off to xoxoxox who posted this on the old thread.

[Protect the Bill of Rights]

Ping to new article

Abb I know I left alot out, could you ping them in the morning, please?

[Protect the Bill of Rights]

Important points:

AV in subject in at least 5 otherprobes (newspeak for investigation)

Baker wanted to give a presentation to the City Council

I have always thought it strange there was no paperwork for Durham Access. If it is not documented, it did not happen. For all practical purposes, if there is nothing, she was not at DA. Admittedly, I am applying medical standards to the courthouse setting.

It is finally time for the judge to put up or shut up.

[xoxoxox]

"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. "

**The cover-up of the frame-up of the rip-off.**

FIVE OTHER PROBES ! ! Hhhmmmm... any unsolved crimes in the neighborhood?

How about quadruple homicides, cross-burnings, ...
maybe they will be all solved now
in time for the election?

Da Vinci Street?

[Protect the Bill of Rights]

BTW,Cornelius Hines, owner of the Esquire:

Foreclosure
July 2006

http://rodweb.co.durham.nc.us/imgcache/opr2006034690-1-2.pdf

[xoxoxox]

Manager: Scanty info delayed search, N&O, Khanna; Staff Writer, April 7, 2006

DURHAM -- City Manager Patrick Baker said in an interview Thursday that it took two days before police searched the house where a woman said she was raped because 31 hours passed before she was able to provide details about what happened.

Earlier in the day, Baker went before the Durham City Council to address widespread questions on the timeliness of parts of the investigation into a March 13 Duke University lacrosse team party.
--cut---
The woman reported the rape within an hour, according to police. She couldn't provide a lengthy interview until later, Baker said. In his address to the council, Baker said emotional and physical trauma can often delay a witness's ability to tell police what happened. "The basic rule of thumb is that we work at the complaining witness's timetable," he said.

The city manager added that the public should not expect daily updates from the city.

The intense coverage of the story has led to widespread debates. Before Baker explained the search delay, questions had been raised as to whether the accuser's criminal record affected police action.

[Protect the Bill of Rights]

Probe 1 Da Vinci Street.
OMG,last year.
The breakdown
Witness to one child beaten to death and another one thrown against the wall?

Do you have the house number on hand?

[Protect the Bill of Rights]

Hines
Chapter13 1995

http://rodweb.co.durham.nc.us/imgcache/opr95015525-1-1.pdf

[old and cranky]

So she watched a kid get beat to death and another thrown against a wall? My goodness, this is just unbelievable

[Protect the Bill of Rights]

It is all starting to come together, I think, I hope. Legal strategery.

I feel bad for her,she has had a rough life, blah, blah, blah.

Because of her bad decisions in her life she in nothing more than a 2 bit Durham, barely not a street walking, whore.

SO what happens when she gets taken to Durham Access (after a mystery 30 minute ride in a car with an opportunistic whore) and she knows she is in a shit load of trouble? Lies to get out of it...back to the simple.

It started simple until the agenda driven latched on to it.
If the agenda driven had left it alone, it would have died the death it deserved.

But no matter the lives of three innocent boys were turned upside down, the agenda driven latched on to it like a newborn on a nipple.

Gottlieb screws the Duke kids
Nifong gets elected.
(just to name 2)

Meanwhile Brian Taylor the pimp, is driving Miss Medina shrouded in the protection of the NCCU crowd.

The "established" whore houses remain in business--as long as they are not run by Hispanics, they are safe.

If the feds entered this case I would guess the forced resignations in Durham City would be at a record high.

[xoxoxox]

Cold case murder arrest is made, By Ray Gronberg : The Herald-Sun, Aug 21, 2006

DURHAM -- Durham police have charged a long-time suspect in the case with murder in connection with the 2001 strangulation death of Shirley Pounds, a 61-year-old woman who lived on DaVinci Street in the Kerrwood neighborhood. -cut-

That changed recently when the Durham Police Department's homicide unit reopened the case, assigned new investigators to it and developed "other leads," Police Chief Steve Chalmers said, without elaborating.

http://www.freerepublic.com/focus/f-chat/1684229/posts?page=626#626

[xoxoxox]

"If the feds entered this case I would guess the forced resignations in Durham City would be at a record high."

An FBI agent spoke at a newsconference this week flanked by a smiling Chief Chalmers, when announcing the hispanic brothel ring bust. Led all the local TV news broadcasts that day and no doubt reassured the Good Citizens of Durham the police were on the job.

There have been a number of cold cases solved recently, as cited in previous threads.

[Protect the Bill of Rights]

Had the wrong murder on DaVinci street. So many murders

http://www.dilby.com/duke-lacrosse-team-accuser.htm

Owner ID: 8300189
Owner Address: MANGUM CRYSTAL GAIL
909 DA VINCI ST
DURHAM, NC 27704-3343
Tax Year: 2004, Receipt No: 4417216, Rate Year: 2004, Parcel Ref. Number: Personal, Due Date: 06/01/2005, Total Owned: $45.51, Amount Due: $45.51, Tax District: 1, Taxable Value: $2,320.00

---

 

Webster O'Neal Steele, 40, of 1011 DaVinci St., was arrested at a state prison Monday and taken to the Durham County Jail,

---

Steele also faces a charge of felonious breaking and entering that accuses him of breaking into Pounds' home at 803 DaVinci St. on Aug. 22, 2001, with the intention of committing a larceny.

---

 

 

 

 

[Protect the Bill of Rights]

Yeah, I take that back...the FBI and Smilin' Sam.

Hope the lawyers can do what the law would not.

[Protect the Bill of Rights]

It's late

The point to be made:

I-N-F-O-R-M-A-N-T

[Protect the Bill of Rights]

http://www.heraldsun.com/durham/4-762993.html

"...That changed recently when the Durham Police Department's homicide unit reopened the case, assigned new investigators to it and developed "other leads," Police Chief Steve Chalmers said, without elaborating. .."

As xo reminded us,anotherold haunt of AV

[old and cranky]

The AV's is a lifestyle I am glad I don't understand. Nifong didn't know what he was getting into, that you and other freepers were going to be making his life miserable.

[Howlin]

DukeLax Ping!

[Howlin]

the accuser was involved -- as a suspect, witness or otherwise -- in at least five other probes.

*Snicker*

[Protect the Bill of Rights]

Ask my family...I can be their worse nightmare....

It's funny how life changes.

The very traits which got me into so much trouble when I was just a little whipper snapper are the traits that help me so much as an adult.
Stubborn, headstrong, mind always spinning trying to figure something out.
(Of course there was that one year in 3rd grade that my name may as well have been on the principle's door. I even had a desk, LOL)