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.
 

[Dante3]

Where did Duke ever find an incompetent loser such as Broadhead? Duke should get rid of whoever was responsible for hiring him.

[xoxoxox]

"Good Things are Happening in Durham"

from bottom of page 17 of motion.

[Neverforget01]

Well much of Durham has a "to hell with them" attitude towards Duke

So Duke folks say "to hell with Durham" and Durhamites say, "to hell with Duke." That sure goes a long way to explaining how things got this far. When someone asks how could indictments have come down on such flimsy evidence , I think we have an answer.

Parents all over the country are rethinking sending their kids into that environment for sure and Duke's admissions department has its work cut our for it.

[maggief]

FYI: transcript of radio transmissions.

The times are actual clock times as noted by computerized voice on tape.


http://p206.ezboard.com/fhackedbannedandlockeddownfrm26.showMessage?topicID=2.topic&index=2"%20target="_new


The following is the first transmissionafter leaving Buchanan:

1:33:55am
She's breathing, appears to be fine. She's not in distress. She's just passed out drunk.

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.


2:37:08am
She's on the way to Duke now and they gonna get a SANE Nurse and start the report. and, ah, I'll let you know where we are at that point. [inuadible....] That's your job Big D[addy?].

2:39:03 am

Ah...The one that we talked to at the Kroger that knew her?

[inaudible] Quite possibly [more inaudible]

(end of tape)




DPD event logs reflect that AV was at Durham Access for 40 minutes.


http://hometown.aol.com/VIP%20PASSES/Joint_Omnibus_Motion_To_Compel_Discovery_8_31_06_pg_9_11.pdf

[xoxoxox]

DPD squad cars are equipped with on board
computers (laptops) linked to various databases.
Officers can look-up plate numbers, etc. and
compile notes at the scene. You can see the
big blue screens in the vehicles real good at night.
Something the defense should check out.

[maggief]

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


Wonder if the AV's children, (young 'uns), were involved?

[Locomotive Breath]

Durham said "to hell with Duke" first and a long time ago. It makes a difference. Nothing makes your own failures more galling than someone else's success. Case in point is CGM who has made a lifelong series of bad decisions. Why is she "owed" something by the people who didn't make those bad decisions? There's only so far the successful group can go trying to accommodate the dysfunctional group's aggrieved racial identity before they come to realize that it's all never-ending manipulation of white guilt and say "to hell with you" back. Yale's been trying to appease New Haven for decades and has gotten nothing for its effort.

What's most appalling is Brodhead's gutlessness not defending his students and throwing them into the bottomless dungeon of Durham racial justice without a fight.

[ltc8k6]

"Ah...The one that we talked to at the Kroger that knew her?"

The second "that" does not belong.

Should be:

Ah...The one that we talked to at the Kroger knew her?

[Neverforget01]

Did we detrmine whose the registered owner of Kim's car is?
If DPD has the immediate ability to track plates , her name and probation status should have set off some alarms.

[Fido969]

I think you are right. I think it is also possible that Cash has spoken to Ed Bradley or people who have been involved in the 60 minutes production, and expects that Ed will ask the patented 60 minutes open ended questions to kids who attended the party, complete with raised eyebrows, and make the drinking and vulgar language seem like the worst thing that has happened since the night riders of the KKK.

60 minutes will acknowledge that the DAs case is "weak" (pandering understatement) but leave the vague impression that the boys are out of control thugs that if they were falsely accused, it is largely their own fault, and probably what they deserved for acting they way they did.

[Neverforget01]

I am not taking sides in the Duke/Durham debate--just noting the friction is obviously there, and I'm beginning to understand how this case got through a Grand Jury with so little evidence. Folks in Durham would hang a Duke kid for jaywalking.

[Protect the Bill of Rights]

According to the Tax records, she has a 1988 MITS 4S MIRAGE which is not a Honda....no telling whose car she was driving.

[Dukie07]

LOL.. Haven't caught up on all the posts - but a "wife-beater" is one of those sleeveless, ribbed t-shirts. Sorry, I should have put that explanation in my post.

[I want to know]

According to the Tax records, she has a 1988 MITS 4S MIRAGE which is not a Honda.

According to the tax records Kim also hasn't paid the personal property tax on her vehicle; neither has Crystal or Travis (father).

[Constitutions Grandchild]

Nor will you. If folks knew how things are headed in this country, they'd never leave their homes. You can only know how bad it is if you're unlucky enough to be a target -- for whatever reason -- class envy, plain old garden-variety jealousy, don't like the way you part your hair prejudice. Don't think it can't happen to you -- irritate the wrong kind of people -- intentionally or innocently -- and you'll find out what justice in the U.S. is.

I know good Christian people who have been hauled in and roughed up by LE who are now afraid to come out of their homes -- black and white people -- not poor, disadvantaged folks -- PhD's upper middle class people. This isn't good. Think you'll see a scenario like that on "Law and Order"? I don't think so.

[maggief]

What's her husband's name again?

[Protect the Bill of Rights]

Kenneth N McNeil

[maggief]

Sorry, I meant Kim's husband.

[Neverforget01]

Is Pittman her married name?

[maggief]

Looks to be ... think he's from VA.