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.
 

[InsanityReigns]

"And yet, there is a mother load of testimonial evidence D.A. Nifong could have gotten if Durham police investigators had moved swiftly enough in the beginning, that may be out of his reach, even at trial.

The 30 or more Duke lacrosse team players that attended that wild off-campus party, and to this day, have never told police exactly what they saw and heard."


What? And the beat goes on... The media is exhausting. I used to wonder if they really believed half of what they print, now I believe they no longer care, as long as they are PC correct.

[SarahUSC]

Yep. I think the defense needs to track down the people who had contact with the accuser at Durham Access and interview them for themselves. I'm sure they are because it's obvious the police have no intention of doing it.

And it sounds like any report they get will be a very short version of the story. Maybe a little more than a blank page but not much.

[ltc8k6]

Well, Nifong already floated the silly idea that the 12:41 picture is of the dancers arriving, to cast doubt on the time stamps.

I predict that whatever Nifong comes up with will be creative, and already shown to be impossible with evidence we've already seen. His timeline will make it seem as if he hasn't looked at much of the evidence.

[old whippersnapper]

You predicted that "whatever Nifong comes up with (to cast doubt on the validity of the photo time stamps) will be creative". Maybe creative but almost certainly so transparent and obviously bogus that anyone other folks with room temperature IQs would not buy into it.

Oh, I forgot, the jury pool Nifong hopes to draw from is overflowing with room temperature IQ types!

[SarahUSC]

That idea didn't float too well. Not only are the pictures time-stamped but you can see some players watches in the photos. This would have to be one helluva conspiracy for all that to be wrong.

I have no idea what Nifong can possibly come up with. I don't really see any time-frame when this supposed rape could have occured. Seligmann's alibi evidence boxes him in and Finnerty's alibi may box him in even more.

I wonder if the defense will get anywhere with the motion for a bill of particulars because that would give them a clue. As it stands, it appears even they can't figure out what Nifong could possibly argue. And of Seligmann, Finnerty and Evans, which one is "Adam", which one is "Bret" and which one is "Matt"? I'm still trying to figure that out.

[darbymcgill]

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.

Nifong early on when the defense was parading the time stamped pictures and cell phone call times for RS' alibi stated.. "he had his own time line"...

We see in the AV's statement that she claims she arrived about 11:30PM... Nifong was obviously in his early statement intimating that he was going to spring the 11:30 to 12:00 time frame on us... But... that was before the cell phone calls in Brian's car ride were validated at 11:46 to daddy asking for directions... "Its' OK, I'm here now"

Now, he has yet to deliver the requested for bill of particulars so we don't know his new time line... It will obviously not be able to include a the interval required for a 30 minute rape at 610.. He'll now need to significantly shrink the 30 minutes to something a tad more brief before 12:16 or else he eliminates RS out of hand.

This requires a rape from between 11:50 - 12:00 or 12:05 - 12:15.... But there are problems with both intervals since Kim stated she went to the bathroom before the dance to change and was in the bathroom after the dance to change .. That tightens the intervals down even more...

But I'm just speculating... He may have some other time line that fits more with the known evidence than we do...

[Jezebelle]

Better as an escort service call girl than a street hooker. As a call girl, she'd probably get about 60% to 70% of the take. On the street, maybe 40%.

[Jezebelle]

So, are wealthy people supposed to go around in K-Mart clothes and drive '78 Pontiacs so that black Durhamites aren't offended? The "townies" need to quit whining about what other people have and figure out what they can do to improve their own circumstances through hard work, education, and respectable behavior.

[Jezebelle]

Whatever. You obviously know a great deal more about it than I do. /sarc.

[Jezebelle]

Apparently, according to some, if a white person goes to Durham, they're to trade their nice vehicle in on a junker and stop by a thrift store to pick out a new outfit, discarding the one they arrived in along with their jewelry in the nearest dumpster, and not carry more than $5 in their pocket at any time.

[Jezebelle]

LOL! :>

[Jezebelle]

Oh, so it's okay that they were indicted because they are from well-to-do families and that offends Durhamites, and that's fair and just so the wealthier "gowners" should pretend to be poor? You sure are an appeaser. You probably think we should negotiate with Bin Laden.

[Jezebelle]

Agree 100%.

Take the Black Congressional Caucus, for starters. To listen to them, they're still in chains being whipped and starved in the fields and there was no civil rights movement, no Civil War, and no constitutional amendments.

To a lot of these people, it's still the year 1750 and they want to keep it that way.

[Jezebelle]

KIM WAS NOT THE FOCUS OF THE CALL.

[Jezebelle]

But that's because of their own prejudice that is inculcated in them from the cradle, and nothing we have done for blacks, including $6 TRILLION in welfare, has satisfied them and it never will. When you've got a great, big white cow to milk from here to eternity, why would you ever agree that enough was enough and take responsibility for yourself when your culture trains you not to?

There is nothing the boys can do except commit suicide and never draw breath again that would satisfy the thinking of these people. Ditto for their parents and you and me, for that matter - just give them our money and then go die or get out of their sight so we don't serve as a reminder as to how badly they have it because we haven't given them enough, and it'll NEVER be enough.

The sooner people quit making excuses for them and "understanding" why this is, the better off we will be.

The time to stop the insanity has arrived.

[Jezebelle]

ROFLOL!!! :>

[SarahUSC]

I don't see how he can say it happened between 11:50 and 12:00 because they have photos of the strippers dancing in the 12:03 and 12:04 range. He would have to say that the accuser started dancing after she was raped and that seems implausible. It also doesn't match up with any of the accusers many stories.

The 12:05 to 12:15 time frame is better but Kim says they were locked in the bathroom for some period of time. They stopped dancing at 12:04. Even if they were only in there for 5 minutes that pushes it up to 12:09. Also they apparently have to leave the house and go back in at some point. That takes time too. Time for them to sit in Kim's car and pout and have a player come out and talk them back into the house. When did that happen? It seems like it has to happen before the non-rape but after they started dancing because the broomstick remark is apparently what caused them to stop. How do you squeeze a rape in there?

The other thing is - what's Finnerty's alibi and when did he leave? Did he leave before Seligmann? I think he may have and if he did Nifong has a real problem. Early on a defense lawyer said Finnerty left before any dancing started. That would mean he left prior to Seligmann. It would mean he left before midnight. So where does that leave Nifong? I just can't figure out what he can possibly argue.

[SarahUSC]

One last thing - I don't think Nifong has a timeline yet. Since he has to construct his timeline around the alibi evidence and he doesn't know what all the alibi evidence is yet he can't have one.

[Mike Nifong]

Ed Bradley isn't going to change his spots at this point in the game. I've read it more than one place that Bradley leaves the shows to others and just shows up does them with little personal knowledge of the cases/shows he does. He makes no bones about saying he likes to spend as little time at work as possible.

I cannot envision Bradley being able to resist the temptation to leave the impression the players had bad intentions and are not telling the truth about the night.

Personally, I don't think the man is capable of stating what the evidence leads objective people to at this point - a Hoax that Nifong seized upon.

_

[Jezebelle]

Then they need to get off their lazy butts and move someplace where they can be a factory worker, or else take steps to make their employment skills more desirable in Durham. It's nobody's fault but their own.