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.
 

[SarahUSC]

Richard "Belief of it oppresses me already" Broadhead is a complete jerk. He has never said one thing that was favorable about the team and never said one word in defense of the players charged. He never will either. What a rat.

[Protect the Bill of Rights]

Based on your experience, if a prostitutue brought in $1000 for the night, what would her percentage be?

[Alia]

Wow -- leave no stone unturned! ;)

[abb]

Link to 8/31/06 motion...

http://liestoppers.blogspot.com/

[Ken H]

Shakespeare, you say.

http://johninnorthcarolina.blogspot.com/2006/09/duke-lacrosse-disturbing-chronicle.html

See bottom post at 7:15 PM

[Protect the Bill of Rights]

Wow...
one of the crimes:

4/26/04 child molestation
(bottom of page 4)
Witness?
Dear old Dad? Boyfriend?
Wonder who she was living with in 2004. Gotta look that up.

[Protect the Bill of Rights]

2111 CHARLES ST, DURHAM NC 27707-2907, DURHAM COUNTY (Dec 1999 - Jan 2006)

530 N HARDEE ST APT D1, DURHAM NC 27703-1523, DURHAM COUNTY (Sep 1997 - Jan 2005)

[writmeister]

The child abuse charge interests me as well due to my pet theory that CGM acts the way she does because she was sexually abused as a child by a male relative or close family friend.

[ltc8k6]

What does the "rape reported at 3457 Hillsborough road on or about the same date" have to do with this case?

[gopheraj]

mark

[I want to know]

3457 Hillsborough Road is Kroger's address.

[streeeetwise]

As I thought, the motion is far more persuasive then the watered down version in the papers. In most courts, civil or criminal, failing to turn over documents after months and months, is grounds for dismissal or sanctions. This is simply wholesale stonewalling. No excuse.

[CondorFlight]

Great work at liestoppers--new motion to compel discovery--

http://liestoppers.blogspot.com/

Among the new details to emerge:

There are VHS tapes of at least two of the ID sessions– the one held for Kim (the second dancer) was not done until May 11– which is AFTER the indictments!

There is a cache of internal police emails about the case, but these were never turned over to the defense. (The defense found out
about this email collection on their own while rummaging through the DPD files, but it still hasn’t been turned over)

Nifong (as of the date of the motion) STILL had not produced the tox report (though he told judge Smith he would)

The AV was involved in at least four police probes:

DUI — 2000
Larceny — 2000
Family/Minor — 2000
Child Molestation — 4-26-2004

She may have been a complaintant in the child molestation probe.

Seems like a great way to run an investigation--indict first, then collect the evidence; arrest every witness in sight to intimidate them; get the defendants trumped-up convictions of their own--I never saw anything like this on Law and Order!

[GAgal]

Please see post 333 for the latest motion.

[ltc8k6]

No rape was reported at the Kroger as far as I know.

[Neverforget01]

I just think they should use whatever they like and to hell with those who are "offended" if there's a white privilege connotation to it.

Bingo--and you wonder why folks are worried about a Durham jury. The "hell with them" is sure to help town/gown relations /sarc.

[Neverforget01]

What "good samaritan" puts a staggering half dressed hooker drunk in their car at 1 in the morning? Kim, with her out of state plates, picks up a half dressed drunk, puts her in her car and doesn't call police? Who does that? Wouldn't it have made more sense to go to Krogers, tell security and send police to the woman? No cop in their right mind would believe a sane person would put a random drunk in their car. I don't believe it "happens all the time."

If the cops didn't ask questions of Kim, they weren't doing their job..or they knew her.

[Locomotive Breath]

Well much of Durham has a "to hell with them" attitude towards Duke. Is Duke just supposed to cower in white-guilt fear? Where is Durham's obligation? Do they have one?

[Locomotive Breath]

Funny article recently in the WSJ. Seems the cops like the pants-with-the-waistband-mid-thigh look. The trou tend to drop and trip the perp as they flee from the cops.

[Dante3]

Brodhead's arrogance and lack of any understanding what this does to the falsely accused and their families makes him sound like a sociopath.