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.
 

[darbymcgill]

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

I don't mean to argue, but I think that young Master Kleban's "who win?" column is nothing more that a pile of P.C. poop. He hardly even approaches a point other than his fear that the school to appear on his future resume may have its financially valuable reputation tarnished.

There is absolutely nothing wrong with being white, or being rich or going to expensive private schools. I do not see any reason why the lacrosse team needs to be ashamed of or distance themselves from their culture.

It seems that anyone nowadays can do drugs, be a ghost employee, plagiarize research and be a general pain in the a$$ with no repercussions. But we can't have anyone giving off the impression that they are self respecting, affluent, independent, tax paying rich folk without someone trying to rip them off or penalize them for it.

Have we devolved so far as to criminalize being non-hip-hop?

From David's column:

We are elite academia on trial--a perfect target.

The only reason the elite anything are targets of discredit is to bring them down a notch or two closer to the ignorant masses that allow travesties such as the lacrosse rape hoax to proceed...

It seems Master Kleban has concerned himself more with the impact of the various homogeneous "villages" involved instead of the tragic impact on the individuals. He has learned his Trinity lessons well.

[Locomotive Breath]

I'm a white elitist and I'm quite happy with that image. Anyone who has a problem with that --- has a problem. But their problem is not my problem. Maybe I should try the ghetto look?

[JLS]

Boy that Duke seniors essay gets a lot more praise than I think it deserves. What an egotist who immediately admits all he really cares about is how this event might affect the value of his degree.

In addition his PC ramblings are about rape cases past and present show that other than learning to use the word misogynistic in a sentence maybe he has not learned much at Duke. I thought he showed little understanding of the situation, it seriousness and despite the usual claims of leftists, did not have much empathy for the three victims in this case and the lacrosse team and their families overall. But that is the selfish leftism he was taught, I guess.

[Dukie07]

Sorry, LB, just can't picture you in baggy shorts and a wife-beater! LOL!!

[ladyjane]

There's nothing wrong with being proud of your high school and proud of scholastic and athletic accomplishments. If it makes the players "white elitists" so what?

I would have more pride as an alumna of Delbarton than as an alum of Bunny Hole Entertainment or Eye Candy Escorts. If that elicits jealousy from others, tough.

[Dukie07]

Willie Drewery owned the website for Bunnyhole - listed his NJ address when I did a "Whois" check.

[Protect the Bill of Rights]

New Charges in Shooting - New York Times

Published: July 17, 1995

 

..........

On Saturday, Willie E. Drewery, 20, of Newark, was charged with murdering the former chief, John Deventer, 65, who was shot while trying to help two elderly friends who had been set upon by robbers during a visit to a cemetery.

.......But Mr. Drewery remains charged with attempted murder, after he fired shots at the cemetery in a separate family dispute near the time of the other shooting.

 

(excerpted)

[Neverforget01]

I'm merely saying that using the motto of the $25,000/year high school (that daddy paid for) is hardly keeping a low profile about the white elitism of their sport. Has nothing to do with being proud of their academic/athletic achievements. I guess they couldn't come up with a motto more reflective of Duke. I really don't care and probably most don't know how much Delbarton and Landon cost.

[Dukie07]

Perhaps. Just not sure that most in her profession use banks. (Safe deposit box, maybe.) I know some gas station owners who refer to the first of every month as "Mother's Day." Women on welfare come in, cash their checks, and buy money orders. Then, as they need, they cash the money order and buy new ones - either to pay a bill or in a smaller amount and keep the cash difference. Not sure this is how Kimmie works, but it is a possibly "safe" (and fairly untraceable) way to keep $. Wonder if Kroger sells money orders......

[Protect the Bill of Rights]

Look at my next post....
Willie seems to have escaped a murder charge at 20.
He is bad news.

He is not a pimp a whore would want to shortchange.

Speculating
Cry Rape or Tell Willie No Money?

Mmmm.....not a hard decision for a whore.

[Protect the Bill of Rights]

Still trying to learn out how Brian Taylor fits in.

[Dukie07]

No wonder Precious didn't want to get out of the car.....

[Dante3]

My position also. Nothing wrong with using the motto of an expensive school - it depends what the motto is. And there is nothing wrong with being proud of your school unless it is full of gangs and PC.

[SarahUSC]

I thought of that too. Kleban seems stuck on Duke's reputation as the most important casualty of the whole disaster. He seems to sweep what has happened to the team and especially the problems facing Collin, Reade and Dave under the carpet. He's sure they won't be convicted? I'm not. Jovanovic was convicted. Anything can happen. Besides, why should they have to go through a trial at all? The indictments never should have been brought.

Kleban does feel the case is baseless and criticizes those who rushed to judgement. I was trying to give him the benefit of the doubt. Maybe he just doesn't understand what the players are going through. That's why I was very happy that Nina Zash posted a comment reminding everyone of that.

[Mike Nifong]

I read those statements and I think the detectives stated things to make sure they got in the record (e.g., make sure you include how drunk she was, etc.)

I think they influenced those statements. The delay and the magical change of heart by Johnson is really convenient. If you not sure, you better note that you think it could've been last week.

People want to please people in authority.

The police were interested in proving THEIR theory.

[Locomotive Breath]

Maybe for Halloween. : )

[RecallMoran]

Nina Zash's comment was right on the money. Frankly, the column read like typical youthful arrogance trying to please his professors. This is evident by his glib and flippant remarks. It's sad to see a kid who obviously learned nothing and still naively believes that this could never happen to him.

[darbymcgill]

This is evident by his glib and flippant remarks.

I agree 100% with your comments.. There were many of us who were naive to think that Kim's statement was an anomaly...

Now we know there are many who think "hey If they aren't guilty then they have nothing to worry about, they can just brush it off there shoulders"...

Unbelievable...

[SarahUSC]

I think he feels they aren't guilty but he is very cavalier about what they are going through. As you say, you can't just brush this off. I have a feeling there are going to be some serious scars left over no matter how this ends up.

[abb]

http://wilmingtonjournal.blackpressusa.com/news/Article/Article.asp?NewsID=72238&sID=4
DUKE CASE: SILENCE IS EVIDENCE, WEEK OF AUGUST 31-SEPTEMBER 6, 2006