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.
 

[Jezebelle]

Kim strikes again.

[Mike Nifong]

I heard Neil Bortz on the radio tonight - he was speaking of Unions and retirements - and that he made a general statement.
He said that people or groups do not give up Power for no reason - he said they don't Power voluntarily and he said that's Human Nature.

I was reminded of Nifong giving up his scheduling power - "Docket Management" ability - and the Durham Justice Powers relinquishing power to a Judge from the Outside - for the first time in history.

All things that have gotten absolutely zero Coverage from Big Media.

Going to an outside Judge and having Nifong step away from one of his weapons is the most telling harbinger in this case.

[Jezebelle]

So very true, and if the trial is held in Durham, and the jury is comprised of ordinary Durhamites, it's foregone conclusion that they will be too dimwitted and dull to decide the facts of the case objectively within the context of the law.

[Jezebelle]

Nifong is also stuck with Crystal getting into Kim's car and saying they should go back because there's more money to be made. They danced until 12:05 and went into the bathroom, so that had to be at least 12:15 at the earliest, and Reade was on his way by then.

With Kim's original statement, there's no way Nifong fits a rape into the timeline.

[Jezebelle]

Cash Michael is still a pot-stirrer. He's doing his best to keep the suspicion and animosity alive in a seemingly rational way.

[Jezebelle]

They should interview everyone who was there that night. In fact, they should have done it long before now and locked down their stories.

[Jezebelle]

IIRC, Colin left before the dancing started, didn't he? Or am I remembering it wrong? I though he was gone by the time Kim arrived.

[Mike Nifong]

The Durham Police Dept has brought all this speculation upon themselves.

Questioning players without legal counsel.
Asking basic questions of players AFTER indictments
What looks to be false affidavits filed for probable cause
Omitting critical evidence in the presentation to Judge
Line up procedures
Ignoring certain parts of AV's story - like Kim stole her $$
Stating publicly that Crystal had never changed her story
4 months to turn over notes
Magically appearing hyper-detailed notes
Investigator notes that vary wildly on the same subjects
Blinco's
Handling of investigation of Blinco's incident
Cab driver treatment
History of corruption
Past preferential treatment of Gottlieb in police investigations
Addendums to witness statements that benefit the prosecution's case
Delay in interviewing Bissey
Delay in interviewing Cab Driver
Delay in interviewing Jarriel Johnson
DPD's support and endorsement of Nifong
Delay in Drug Testing
Cameras waiting for the players as the show up to provide DNA samples and get photographed.
Patrick Baker's suspicious actions and lies to the press.

In most cases, I avoid speculation that entails cover-ups or institutional corruption, but the partial list above has made that impossible in this case - for me, anyway.

_

[Jezebelle]

I don't disbelieve there is a conspiracy and, therefore, corruption involved in the case. I just don't think it originated with the two bimboes ("bimbos"? "bimbi"? "bimbae"? :>).

[CondorFlight]

"The Durham Police Dept has brought all this speculation upon themselves."

Let's not forget holding the photo ID session for Kim on May 11--AFTER the indictments (and the guys' photos were all in the media)

Not turning over to the defense HUNDREDS Of pages from the SBI DNA testing (still not handed over)

Not turning over to the defense hordes of notes taken about the case

Not turning over to the defense the cache of internal police emails about the case

Not turning over to the defense the tox report (still not handed over as of Aug. 31)

arresting at least five witnesses in the case and getting convictions against Evans (noise violation!) and Finnerty (with a little DC cooperation); and trying to get a conviction against Elmo

etc.

[JLS]

I read the motion in part while dealing with my day. I have a few thoughts about it:

1. I guess Judge Titus has been shown he can take his semi-gag order" and shove it.

2. One reason that Nifong needs to drop this case is the discovery keeps showing him to be a liar. In the motion, the defense attorneys point out that police notes contradict Nifong's assertion that his meeting with Mangum was not a discussion of the case.

[Protect the Bill of Rights]

Is there any local talk about Nifong's mood these days?

[ladyjane]

You are right. It is very telling.

I do not believe this case will ever go to trial.

[Dukie07]

Let's see... my student doesn't drivee a new BMW SUV but rather an old Pontiac; we did stop by the thrift store to buy some furniture for the dorm room (didn't have old stuff to discard, though); as for the 5 bucks - student worked this summer and may have more than that.... but it's not sitting in a desk drawer in cash (and student has loans to pay).... and it's nowhere near 5 grand. (BTW - still don't believe that story. Chick's hiding something.)

I so wish the blacks of Durham knew the history of the Duke family. They were not racsist. Through the endowment, they provided for black universities, hospitals and orphanages. The endowment continues to provide. It blows the mind how these folks bite the hand that feeds and has fed them.

During "move-in", I took note of the business in Durham's stores, motels and restaurants. I especially took note of the items that were not available when I went to purchase them!!! LOL Some shelves were bare - out of stock, should I say. Okay, so perhaps one can say that it's the white business owner's that are benefitting. In some cases, sure. But in other cases, not necessarily so. But you know what? Regardless, there are most certainly some Durhamites who would be without employment if those businesses did not exist.

[ladyjane]

Not sure it's a good idea to delve into the history of the Duke family. At least not all of it.

IIRC Doris had a 'relationship' with her butler or driver and 'accidently' drove over him after a misunderstanding. I think he was pinned between her Rolls and the gates of the estate.

The Newport, RI police declined to arrest her after she promised to donate millions to the pre-Revolutionary village in the old part of Newport.

BTW her 'driver' happened to be black.

[Ken H]

For all present and former students at Duke, I offer the following advice:

Dick Broadhead - before he Dicks you.

[Ken H]

Dick Broadhead

OK, so I misspelled Brodhead. I got the first name right.

[Dukie07]

LOL - now that was clever!

[Dukie07]

I suspect she might have done the same thing if he had been purple. Doris had some issues.

[Fido969]

Add: Not turning over e-mails, not turning over drug testing reports and other new revelations.