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.
 

[Jezebelle]

He may have left them out originally because they didn't seem important at the time. That's normal.

[bjc]

No money, no prostitution rap!?

[Jezebelle]

The point is, it wasn't a serious matter, even if it was strange because of the way Crystal was dressed. It was nothing more than a public intoxication incident at 1 am. Shelton probably figured she was just another drunken hooker down on her luck who drank too much and got put out of a car by some john. It happens all the time. The point is, it wasn't a serious matter at the time that required an investigation so there was no reason to hassle Kim - just a public intoxication incident.

Cops get calls all the time to deal with drunks - all day long - starting in the morning and escalating at night.

[Neverforget01]

Thanks for the links. FYI Matt Zash's mom posted a reply to "Who Wins." I think the author of this article misses the boat.Most universities have "drunken louts" these days. Only Duke seems to have a President who turns his back on his students. I don't think Duke's reputation was tarnished by the drunken party, but the reaction by the Duke admin, Duke profs and Durham. The latter three are why I wouldn't send my kid there.

I also think the current lax team is making an error in using the Delbarton motto as its theme. Delbarton costs nearly as much as Duke w/o room and board. Delbarton is the epitome of the "privileged,white,elite" image Duke is trying to shake.

[Neverforget01]

Have to remember Kim didn't call the cops, the security guard did. How often do drunken hookers wander the streets? I can't believe the cops didn't run Kim's plates..unless of course they knew Crystal and/or Kim already.

[maggief]

Yes, the supplemental statements are interesting to note, Jarriel Johson's in particular.

Looking at my datebook on my cell phone I realize that the dates I engaged in sexual intercourse with Crystal was off by a week. Our last encounter together was the Sunday prior.

This is the same cell phone that the AV "messed up" when she spilled her drink on it? Funny it didn't mess up his datebook, though I imagine it doesn't exist now.

[maggief]

Could be. Good point.

[darbymcgill]

Looking at my datebook on my cell phone I realize that the dates I engaged in sexual intercourse with Crystal was off by a week. Our last encounter together was the Sunday prior.

That statement is extremely odd taken in context of its relationship to all of the other activities he describes. It almost appears to be an entry to intentionally cast doubt on his entire statement.

For instance, if he can't remember which weekend he slept with her, then how can he be expected to remember when all of the other events took place, the hotels, the customers and the times...

very odd...

[Dukie07]

I would be surprised if Kim has a bank account - I would think she would not want to have any kind of a record of her dough - especially attachable money in a bank.

[bjc]

Perhaps, but think about the risks of walking around with bunches of cash in her profession. You can always shift the money in and out and in amounts under 10,000 in non-interest bearing accounts nobody would know.

[Locomotive Breath]

Maybe Kim had to meet someone (pimp) and ditch the cash before she ditched Crystal?

[SarahUSC]

That's always been odd to me too. Almost like someone called it to his attention and then he changed it.

[JLS]

She may have fallen out of the car on her arrival at the lax house, or her BF/pimp/driver - whomever it was - pushed her out

Remember in her "driver;s" statement from earlier in the day he says that she made him stop the car and got out and started walking away. Now you and I know it did not happen exactly that way. We know that either they got mad at each other or one got mad at the other. We know that one or the other stopped the car or demanded the car be stopped. Then she got or even jumped out or was thrown out of the car. So she blurred that detail into or even on purpose added that detail to one of various stories that night.

[SarahUSC]

I like the article but I think Nina Zash is right that it underestimates the effect all this has had on the players and their families. I'm glad she commented on that.

I like the team's motto and I don't think it's a big deal that Delbarton is expensive. Besides, Reade went to Delbarton and it may be a nice way to keep him in their thoughts.

[Neverforget01]

I agree with Nina Zash too.

I find it highly unlikely that Reade would ever be forgotten by any member of the team, especially since there are three other Delbarton alums on the team (Ryan McFayden being one of them).

I just think that if the team wants to shed its image of being white elitests they should leave their high schools behind.

[Protect the Bill of Rights]

 

Veromi.net - People Summary

Seems to be our Willie...I believe he is Chief Pimp

6	DREWERY, WILLIE		HILLSBOROUGH, NC
7.	DREWERY, WILLIE E	32	ELIZABETH, NJ HILLSBOROUGH, NC NEWARK, NJ	DREWERY, ALVERTA W (age 55) DREWERY, HARDY TARA (age 36) LACY, TIFFANY LAVEKA (age 35) DEWERY, TARA (age 37) DREWERY, ALVERTA (age 56) DREWERY, JR WILLIE (age 31) DREWERY, AHVERTA DREWERY, TARA DREWERY, A
8.	DREWERY, WILLIE		EAST ORANGE, NJ HILLSBOROUGH, NC
9.	DREWERY, WILLIE E		PATERSON, NJ	LACY, TIFFANY LAVEKA (age 35)
10.	DREWERY, WILLIE E		FANWOOD, NJ
12.	DREWERY, WILLIE		NEW YORK, NY
14.	DREWERY, WILLIE		FANWOOD, NJ
15.	DREWERY, WILLIE		PLAINFIELD, NJ
16.	DREWERY, WILLIE		ROCKY MOUNT, NC
17.	DREWERY, WILLIE EARL	31	HILLSBOROUGH, NC	DREWERY, HARDY TARA (age 36) LACY, TIFFANY LAVEKA (age 35) DEWERY, TARA (age 37) DREWERY, TARA DREWERY, JR WILLIE (age 31)

[SarahUSC]

Oh, I don't think they'll forget about Reade either. They said they still consider Reade and Collin part of the team. I'm sure they're thinking about Dave too.

But I think the Delbarton motto fits their situation really well.

[Protect the Bill of Rights]

(repost)

Gag order sought in lacrosse case (NAACP Wants Gag Order)

Posted by Alia to Protect the Bill of Rights
On General/Chat 05/27/2006 6:16:51 AM PDT · 639 of 726

PtBoR? Is William Drewery the boyfriend, the driver, the pimp?
July 7 2004 The Chapel Hill News NC archives.

Natasha Lee Brumley, 21, of 1205 Cypress Road was charged with prostitution and released on a written promise.

Willie Earl Drewery Jr., 29, of 291 Tremount Ave., East Orange, N.J., was charged with aiding and abetting prostitution and possession of marijuana. According to a police report, Drewery, who listed his employer as Eye Candy Escort and Massage of East Orange, said that he was Brumley's "manager." He was held in Orange County Jail in lieu of $500 bail.

another, poss relation?:

-Tara Lajaynese Drewery, 34, of 1205 Cypress Road was charged March 6 with two counts of worthless check. She was cited and released.

---

There is a Tara Drewery listed as related at Veromi.

[Protect the Bill of Rights]

 

http://www.co.orange.nc.us/aging/inhome.pdf

Tiffany Lacy, Nurse's Aide Orange County

Home Helper

Spec Alz.pts  Charges 15/hr & up.

 

Wonder if this was agency AV worked for?

 

 

[Sacajaweau]

I agree......I'd say incoherent in this case means she's babbling everything she can think of....except the truth.

The TRUTH would have made sense. "I'm a hooker. I drank a sh**load before I went to the Duke House. They thought we stunk so we decided to leave. I fell because of those damn shoes. They were nice enough to help me into the car. Kim, that "bit**", said I scr**** up the whole party. It would have worked out if I was on time and not so damn drunk. She wanted all the money. She tired me out from all the arguing and then the b**** dumped me at Krogers because she knew "xxxxxx" and he'd get me out of her car. Except he wasn't there. That "dumb b****". This is all her fault not mine.

No, I was never raped. I was just angry. Those little rich, white boys didn't know nuthin' about who runs Durham."