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.
 

[CondorFlight]

http://www.lewrockwell.com/anderson/anderson140.html

"On any given day, one can read on the New York Times editorial page that the Bush Administration is endangering the rights of Americans (a correct analysis, in my view). Yet, on that same editorial page, not to mention its news sections, the Times is willing to throw out all pretense of innocence and completely destroy the foundations of justice, all to encourage a politically-correct conviction of people who clearly did not commit the crimes for which they are charged.

"Furthermore, there seems to be a long list of people who are in hearty agreement with the editors of the Times, not to mention the Michael Nifongs and Mark Gottliebs who have defined this travesty from the beginning. The next time any of these people tell you they believe in rights and justice and the like, remember that they are liars. That is correct; they are liars."

[Hogeye13]

JLS, sort of makes one wonder if DPD is staying on this case out of fear of what Nifong might do to some of them if he is elected in November. Lots of documents from DPD that are highly questionable and in some cases known to be false statements. Now after seeing Nifong in action if I were Himan, Gottlieb and others I might not want to rock the boat right now. As we have seen, Nifong doesn't need very much to get an indictment and put a persons life on hold for a year or more. It is devastating to someone with means, to police officers it could be outright disaster.

[Dante3]

Blackmail?

[Repub4bush]

I know this is beating a dead horse, ie, topic already discussed ad nauseaum, but I want to share a Flexure's incident.

About 10 years ago I had a back injury and was taking Flexeril.

One night I went to dinner with friends and had 2-3 cocktails, during the course of about 2-3 hours.

I had taken the pill about an hour before I went to dinner.

(I know dumb move, and I wasn't thinking)

Anyway, I was fine until we were ready to leave, and I almost fell flat on my face(so I am told).

I was taken home by one of my friends, who stayed with me all night.

The next morning, I barely remembered dinner, what I ate, and who was there.

The point is, The drug interaction with the alcohol was a delayed effect.

Which could be why Kim thought Precious was fine when she arrived at the party.

Did I make sense?

[old and cranky]

You made perfect sense.

[JLS]

It is probably more like "professional" courtesy. That is the police don't want Nifong looking over their shoulders to carefully when they believe they have the right guy and they likely defer to the DA when he claims to believe in a case. That is sadly how bureaucracies work.

[Dukie07]

Thanks for the link. Interesting read.

[Mike Nifong]

Someone said Kim may have known the Kroger Security Guard -

Well, they act a lot alike. I don't think too many saw this, but Fox's Megyn Kendall approached her on camera - outside of Kroger - and she, of loud mouth, said:

"Unless you gonna be paying me some money, you better get out of my face!"

I look for her to be another that changes her story in court - and to a degree she already has.

[Mike Nifong]

You must not remember her drivers hand written statement to the police. She certainly is at times a street walking whore in Raleigh.

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

What JLS says above is lost on a lot of forums, because the media wouldn't touch it with the a 10 ft pole. Jarriel Johnson describes typical prostitution. That goes along with the many hotel rooms - dancers don't typically use hotel rooms.

The woman knew what to say - they were both quick to minimize their jobs. Crystal said she was new to dancing and had never danced for a group - and she added that she was afraid to go inside that night.

Kim said I just do my little dance and leave - and SHE
offered - I don't even know how to get tips or anything.

Abrams says they were on the floor performing sex acts on each other.

Kim has been living comfortably on the lam and she didn't do it by dancing on weekends, in my opinion. We know she didn't have a regular job or a job where there was any witholding or the state would've automatically garnished her wages to pay be her restitution and they would've found her real fast. She hasn't paid anything back, so that tells me that she didn't report any income. Also, if you are in arrears with the state in North Carolina, they confisicate you state income tax return without notifying you in advance. Again she hasn't paid any of the $25,000.00

Kim planned on living on the lam forever, it appears.

_

[Texas Mom2]

I agree with the conjecture that something's odd w/ Kim taking the AV to Kroger's- either the "security guard" is a connection to Allure/Bunnyhole etc., or the "off duty cop" is. However, if the "security guard" is the connection, wouldn't she have just called one of the drivers instead of police dispatch? How much connection to various prostitution rings is still going on with Durham PD (eg.the scandal and arrests several years ago)??

[bjc]

Mark

[abb]

http://mensnewsdaily.com/2006/09/01/the-kiss-and-accuse-capers/
The Kiss-and-Accuse Capers

[I want to know]

It's late. The point to be made: I-N-F-O-R-M-A-N-T

http://kirkosborn.com/Motions/MotionforDisclosureofImpeachingInformation.pdf

In the April 24 Motion for Disclosure of Impeaching Information and Memorandum of Law, number 8 deals with this subject. The whole motion is a rather interesting read.

[Mike Nifong]

Anyway, I was fine until we were ready to leave, and I almost fell flat on my face(so I am told).
I was taken home by one of my friends, who stayed with me all night.
The next morning, I barely remembered dinner, what I ate, and who was there.
The point is, The drug interaction with the alcohol was a delayed effect.
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AND if you had two personal drivers on call - I'd say you liked that feeling!

[Ken H]

John in Carolina throws down the gauntlet to the News and Observer. They'll no doubt try to ignore him, but we know they know...

http://johninnorthcarolina.blogspot.com/2006/09/duke-lacrosse-look-at-first-newspaper.html

SATURDAY, SEPTEMBER 02, 2006

Duke lacrosse: Look at the first newspaper report. ( A repost) Readers' Note: I published the post below on June 12. I'm reposting now for three reasons:

1) Beginning after Labor Day I plan to advocate hard for an acknowledgement and apology by the Raleigh News & Observer for a series of biased, inaccurate and inflammatory stories, including its Mar. 24 story which "broke" the case.

[luv2ski]

wow! You may be called to testify! (just kidding but a doctor with that info could!) How could she possibly remember anything about that night with Flexeril and booze in her system? thanks for sharing an eye-opening story!

[Dante3]

Makes lots of sense.

[abb]

Important. Precedent for potential blowback on the Durham County authorities...

http://www.nylawyer.com/adgifs/decisions/082506crotty.pdf

[abb]

http://observer.guardian.co.uk/business/story/0,,1863610,00.html
Accusations fly after US rushes to judgment

"But it is not just tabloid newspapers and cable news channels that are making mistakes. The Duke rape charges have prompted a slew of salacious and speculative stories around allegations of the rape of a black stripper at a college fraternity party held by an overwhelmingly white lacrosse team. Here it is the New York Times that has come in for most criticism. The paper has been accused of assuming the students' guilt, as more and more evidence emerges that the woman's allegations may be false. Last week, in a piece in the online magazine Salon, writer Stuart Taylor accused the Times of being 'bent on advancing its race-sex-class ideological agenda at the cost of ruining the lives of three young men whom it has reason to know are very probably innocent'."

[Repub4bush]

Thanks you guys.

Yes Mike I was lucky!

I had my very dear friends with me!

The point is two-fold.

If Mangum was using flex and drinking, there is no way she could possibly know what happened to her, unless

1- she made it up, or

2-Someome filled in the blanks.

When the combination hits you, you are virtually unconscious, or so I am told by friends.

When you come around, you are not sure what was real and what was dreamed.

With her, I think she came around due to the shock of being pulled from the gear shift, and dragged in the parking lot.

I am not sure how this would effect a bi-polar person, but I am sure it would be very intense!

The woman is a HO and a Liar.....IMO...oops not CTV no need for the MOO....LOL

I love FR and Jim!!!!