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.
 

[maggief]

Family sought of inmate who died

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By BriAnne Dopart : The Herald-Sun
bdopart@heraldsun.com
Sep 5, 2006 : 11:12 pm ET

DURHAM -- Automated fingerprint identification may be the only way Durham County Jail officials will locate the family of a man who died today of an apparent heart attack while being held at the facility, according to the Durham County Sheriff's Office.

A man who told officers his name was John William Umstead, 45, was under suicide watch, according to Sheriff Worth Hill, when a corrections officer said the inmate collapsed inside his cell. After attempts to contact the Umstead's family were unsuccessful Tuesday evening, officials realized Umstead, who had been incarcerated here for 17 days, might have given officers false information when he was originally booked, Hill said.

Umstead was being held at the jail in lieu of $4,000 bond, on charged of being intoxicated and disruptive, resisting, obstructing or delaying an officer, and two counts of assault on a law enforcement officer, according to Capt. Paul Martin.

Martin added that it's not all that uncommon for criminals to give fictitious names, addresses or family information when booked at the county jail. The problem, he theorized, is likely a national one.

"When you're arrested, the officer puts down what address you tell him," Martin said, "Quite frequently, if you arrest the same person again and again, you know when they're telling the truth or not."

There's no way for police or sheriff's deputies to confirm the information, Martin explained, because many criminals are transient and may not be legitimately occupying the addresses they do give. The information individuals give when arrested is not checked against any record, he added, because "there's really no way to verify if it's true."

The circumstances that led to Umstead being placed under suicide watch were unclear Tuesday, but Martin said that inmates are placed under watch only if they have expressed a desire to hurt themselves. Umstead, Martin added, was checked on every 15 minutes as part of the jail's suicide watch policy.

Just before 2 p.m., "a detention officer went into the cell so he could give [Umstead] what he needed to shower. [Umstead] stood up, complained of chest pains, passed out, fell backwards and hit his head," Martin said.

The jail's medical staff rushed to Umstead's aid and immediately called paramedics. The medical staff said Umstead was dead by 2:06 p.m., Martin said.

Typical fingerprint checks take several weeks to complete, Martin said. Martin said such a check had been started on Umstead but results had not been returned at the time of his death.

Now investigators are attempting to use Umstead's fingerprints to track down his next of kin using an expedited Automated Fingerprint Identification System, called AFIS, according to Martin.

Martin emphasized that officials aren't sure if Umstead gave his real name to officials or not. Court documents show a 45-year-old man by the name of John A. Umstead, alias William R. Umstead, was arrested in 2000 for resisting a public officer but the charges against the man were dismissed and no address or contact information was listed on the record.

Under normal circumstances, Martin said, information about an inmate's death would not be released without sending notification to his family. This case is a special circumstance, Martin said, and investigators are hoping someone in the community might be able to lend answers as to Umstead's family and identity.

Anyone with information on Umstead's next of kin is asked to call the Durham County Sheriff's Office at 560-0897.




http://www.heraldsun.com/durham/4-767151.html

[ltc8k6]

I've heard that exotic dancers carry lots of cash.....

[CondorFlight]

case no. 2006053398 CR

officer code 1391 misdemeanor assault govt official/employee

officer code 1391 misdemeanor assault govt. official/employee

officer code 5310 resisting public officer

case no. 2006053399 CR

officer code 4194 misdemeanor intoxicated and disruptive

Court dates Sept. 13

So he's held in JAIL for MISDEMEANOR offenses?

[CondorFlight]

"A man who told officers his name was John William Umstead, 45, was under suicide watch"

So they weren't watching him very well?

" [Umstead] stood up, complained of chest pains, passed out, fell backwards and hit his head," Martin said."

So he died of a heart attack--or from hitting his head on the floor? (I.E., was there damage to his head? Was that the cause of death? Is that the official police explanation--of the Durham PD?)

OK, maybe it's nothing. But in Durham, my nose prickles
when hearing these things. . .

[CondorFlight]

OOPs, apparently this is the Durham county sheriff's dept.

Makes a difference. . .

[Protect the Bill of Rights]

Best Emily Latella..............

"....never mind!"
:-)

However, it has been my experience the best information sometimes falls in your lap when tracking down another issue.

[pepperhead]

My guess this is a average everyday police beating. Done by uniformed officers, not detectives.

[pepperhead]

A man dieing of a heart attack under a suicide watch sure does sound fishy doesn't it?

[Protect the Bill of Rights]

OT:
Catherine Herridge is back at FOX. Just saw her on John Gibson.
Baby Peter must be doing well.

[maggief]

Good news!

[SarahUSC]

They found Broadhead at Yale where he had a similar modus operandi, specifically in regards to the Susannah Jovin case.

Due process rights and other rights guaranteed by the constitution mean nothing to Broadhead.

[SarahUSC]

Forty minutes is a long time. And all that is discoverable from that 40 minutes is a blank log-in sheet? I think not.

[SarahUSC]

Cash's view that, well, maybe a rape didn't happen, but "something" happened in that house troubles me too. I worry that people on the jury will have this mind-set - even if they aren't guilty of rape, "something" happened so we have to punish them for "something". I worry about what kind of verdict that will translate into. Juries compromise all the time and that's one of the reasons I hope this doesn't go to trial.

[SarahUSC]

Durham is the Newark of NC? I've never been to Durham but I've been to Newark and that doesn't sound good.

[Dukie07]

You can't get into the building w/o a card - the rooms are locked by key. That said, it's not that hard to get into the buildings - just walk in with someone else. Of course, personnel also have access. (And I'm not accusing anyone.) Also, if a window is left open, it can be climbed through.

[SarahUSC]

I think Nifong has to go between around 12:05 and 12:26. I don't see how he can go after 12:26. If he does Reade is definitely out of the picture.

I don't see how he can go before 12:05, unless he's planning on saying the strippers performed after the accuser was raped.

What time did the dancers supposedly go out and come back in?

I think he'll say it happened right after the dancing stopped and Reade went first, while someone else was dialing on his cell phone and then he quickly left to establish an alibi. That leaves Collin and Dave with her. After they're done she staggers out and falls down the steps etc.

The problem for Nifong is apparently Collin has an alibi too. I don't know what time he left but it could cause a big problems.

Frankly, any scenario Nifong comes up with will be preposterous but I think he's stuck going between 12:05 and 12:26.

[ltc8k6]

Crystal walked out to the car after the dance, and after the two of them had been in the bathroom a while, though.

Dance ends at 12:05, two dancers in the bathroom for a few minutes, Crystal in the bathroom for a few more minutes doing nails.

Crystal must have walked out to the car around 12:15 or 12:20. She is fine then. Walks on her own, no mention of any attack. The two of them argued in the car about going back in to make more money. She then calls for a ride or whatever at 12:26 and then tries to go get her shoe, because she is leaving.

[maggief]

The 5 G's were in an unlocked desk, in a unlocked room, and where she left visitors unattended.

[maggief]

Wanna bet there's not much in the report, when it surfaces. ;)

[SarahUSC]

Then I'd say Nifong has to say it happened before they went to the car. Reade was gone by the time she gets back into the house.

Also, I thought the dancers locked themselves in the bathroom for some period of time. Kim talks about this in her written statement. She talks about "finally" coming out of the bathroom. Also she says the accuser was out of control in the bathrom and yelling at the guys when they knocked on the door. I was always under the impression that they were in there for some period of time.

I don't see how Nifong can squeeze a rape in there if he has to work around the dancers locking themselves in the bathroom and then leaving the house and going back in. There's no time left.