Posted on 09/18/2006 5:19:53 PM PDT by abb
DURHAM - One of three people who saw the accuser in the Duke lacrosse rape case at the crisis center where she first reported being sexually assaulted kept notes of her observations, defense lawyers said in a motion filed in court today.
In the early hours of March 14, the accuser was taken to Durham Access Center because she reportedly met the criteria for involuntary commitment, defense lawyer Brad Bannon wrote in the motion filed in Durham County Court today.
While there for 40 minutes, the accuser interacted with three women on the center's staff, the motion says.
Gerri Lomuriel Wilkes, who was working at the center the morning the accuser came in, took hand-written notes of her observations, according to the motion.
Kirk Osborn, the lawyer representing Reade Seligmann, one of three lacrosse players accused in the case, found out about the notes while interviewing Wilkes, the motion says.
Defense lawyers are asking that the notes be turned over to them.
District Attorney Mike Nifong has told defense lawyers during discovery hearings that no notes were made at the center, that only a log existed from there.
In previous documents handed over to defense lawyers, there is no evidence that police tried to contact Wilkes about that morning.
Also, defense lawyers are asking the state for a bill of particulars in which they hope to get a more precise timeline of the alleged offenses and find out which bathroom at 610 N. Buchanan the gang-rape allegedly occurred.
They also are asking the state to specify which "sexual act" each defendant is accused of committing. Staff writer Anne Blythe can be reached at 932-8741 or ablythe@newsobserver.com.
I didn't point out that that is a quote from The Johnsville News. JIC makes that clear, and has a link to TJN at the blog.
Updated Stories...
Lacrosse lawyers seek notes
Anne Blythe, Staff Writer
DURHAM - Defense lawyers have requested the handwritten notes from a security guard who observed the accuser in the Duke lacrosse rape case when she first reported being sexually assaulted.
Gerri L. Wilkes was working on March 14 at the Durham Access Center, a mental health and detoxification center, when police brought the accuser in because she met the criteria for involuntary commitment, defense lawyers said in a motion filed Monday in Durham County Superior Court.
The accuser interacted with three people at the center, according to defense lawyers, but it was not until recently that they realized one of the workers had kept notes from the 40-minute encounter.
Earlier this summer, District Attorney Mike Nifong told a judge that no reports of the encounter were made at the center and that an admissions log was all that existed.
The center is where the accuser, an escort service dancer, first reported being sexually assaulted while at a lacrosse team party at 610 N. Buchanan Blvd.
Police drove her to the 24-hour mental health facility early on March 14 from the Kroger supermarket on Hillsborough Road.
Officers had found the accuser passed out in the passenger seat of a Honda Accord driven by the other escort service dancer hired to perform at the lacrosse party.
The accuser was unresponsive, according to police notes from the incident, so an officer drove her to Durham Access Center.
"During the check-in process, the victim was asked if something had happened to her and she said yes," officer Joseph Stewart wrote in his report. "She was then asked if she had been raped and she stated yes."
Kirk Osborn, the Chapel Hill lawyer representing one of the accused, found out about the notes while interviewing Wilkes, according to the motion filed Monday.
Wilkes declined to discuss details from that night when reached Monday.
Nifong has declined to discuss the case outside the courtroom. The next hearing is set for Friday.
Defense lawyers also are trying to get recordings from any radio exchanges among officers on secondary channels on March 14.
"Upon information and belief, a number of DPD law enforcement officials communicated over police radio frequencies about the response and the observations of the officers at the Kroger scene, as well as what happened after the accuser was taken to the Durham Access Center and then, later, to the Duke Hospital Emergency room," the motion says. "These communications occurred on various frequencies, to include secondary channels that are used to communicate among the watch commander, the district sergeant and officers."
The district attorney has provided defense lawyers more than 1,800 pages of documents. Under state law, prosecutors are required to open their files before trial.
The documents are only part of the evidence that could be introduced in a criminal trial. They do not include information still being gathered or testimony that might occur under oath.
Defense lawyers also want Nifong to give a precise account of what allegedly occurred that night. They demanded a more precise timeline of the alleged offenses. They asked the prosecution to specify which of the two bathrooms at 610 N. Buchanan the gang-rape allegedly occurred.
Lawyers also asked the prosecutor to specify which "sexual act" each defendant is accused of committing.
(Staff writer Joseph Neff contributed to this report.)
Staff writer Anne Blythe can be reached at 932-8741 or ablythe@newsobserver.com.
Staff writer Joseph Neff contributed to this report.
http://www.newsobserver.com/1185/story/488098.html
acrosse case defense lawyers request notes on accuser
BY WILLIAM F. WEST, The Herald-Sun
September 18, 2006 10:39 pm
DURHAM -- Lawyers for three indicted Duke lacrosse players want District Attorney Mike Nifong to turn over handwritten notes from an employee of the mental health and substance abuse facility where the accuser first claimed she was sexually assaulted in March.
The defense attorneys -- in court papers filed Monday -- argued that Gerri Lomuriel Wilkes of the Durham Access Center indicated she intended to give her handwritten records to Nifong's office.
The lawyers argued they have yet to see any such paperwork and that they still have only Nifong's statements in court settings of there being just a blank check-in log and no substantive report by anyone at the center about the accuser's presence there.
Nifong declined comment Monday on the latest court filings made on behalf of accused 2005-2006 lacrosse players David Evans, Collin Finnerty and Reade Seligmann.
The papers come in addition to court filings late last month claiming Nifong and Durham police hadn't provided several pieces of vital evidence in the case, as required by law.
Last month's filings came after Nifong, Durham County's chief prosecutor, told Superior Court Judge Osmond Smith and defense lawyers a toxicology report indicated the accuser had tested negative for the presence of controlled substances.
One of the attorneys for the players said those findings undercut public hints by Nifong in April that the woman might have been given a date-rape drug.
The defense has repeatedly pressed for answers about what happened in the hours immediately after the alleged attack, particularly regarding the accuser's trip with police to the Durham Access Center -- where she was taken from a Kroger grocery store on Hillsborough Road.
Seligmann, Finnerty and Evans maintain their innocence on all counts -- rape, kidnapping and sexual offense -- in connection with allegations surrounding events at a lacrosse team party March 13 at a house at 610 N. Buchanan Blvd., next to Duke's East Campus.
The accuser, who was hired to perform as an exotic dancer, claims she was attacked in a bathroom at the house.
Lawyers for Finnerty and Evans want to know in which of the bathrooms in the house the alleged offenses took place and the specific "sexual act" each defendant is alleged to have committed.
The lawyers for Finnerty and Evans argue "the defendants cannot adequately prepare or conduct their defenses without such information," including specific times and dates.
Lawyers for all three defendants also say they want copies of audio recordings of all communications on all radio frequencies about the activities and observations of all police officers involved in activities related to the case in the early morning hours after the alleged incident.
The lawyers' request includes not just communications between officers and the dispatcher on primary channels, but any radio traffic on secondary channels used by the watch commander, district sergeant and other officers to communicate among themselves.
The lawyers specifically want to know what was communicated over police radio frequencies about the response of officers at the Kroger, where the dancer arrived and a security guard at that scene who reportedly called 911 to say the dancer appeared to be drunk or intoxicated.
The accuser was taken to the Durham Access Center and later to Duke University Hospital.
URL for this article: http://www.heraldsun.com/durham/4-770973.html
Rich white males are America's new victims
Jimmy Haynes, [Letters, Sept. 16] like Mike Nifong, apparently has not been paying attention to the evidence in the Duke lacrosse hoax. Haynes says that if the defendants are innocent then why have they not come forward to support the alibis of the wrongly accused. They have come forward. All of the players have signed affidavits stating no rape occurred. And in the beginning, the three residents of the house fully cooperated with police without legal council and all three offered to take polygraph test.
I guess to Haynes, unless they lied and told authorities what Haynes wants to hear, then they are not cooperating. The Duke players were cooperating until they realized District Attorney Mike Nifong was not interested in the evidence, just like Haynes. Nifong had a primary election to win. Anyone that has been actually following the case would realize that there is not one. There is not one piece of evidence that supports a rape.
The only people that are supporting this travesty are people with agendas (race, sex or class) or individuals that are ignorant of the evidence. Just because the characters in this fiasco do not support the sex or color of society's definition of victimization does not mean it is not an injustice.
Just like Jews and blacks in the world's history the new group that society blindly allows people with agendas to discriminate against is rich white males.
RODNEY TURNER
Durham
September 19, 2006
Starn needs a Plan B
In response to Professor Orin Starn's article in The Herald-Sun on Sept. 15: I would certainly be interested in the professor's Plan B regarding athletic reform. Assuming, for argument's sake, Duke would drop its participation in Division I competition and offer only club sports, let's play out this scenario and some of its adverse consequences.
Duke would lose national exposure, suffer a considerable loss in financial support from alumni, lose all of the coaches presently on staff and most of the employees in the athletic department. Furthermore, Professor Starn's plan for athletic reform at Duke will bite off a portion of the hand that helps feed the academic prowess Duke enjoys.
Starn's proposal is hallmark thinking of a provincial ivory tower academic. Duke Athletics will weather this latest storm and be stronger for the effort.
Rather than displaying this divisiveness, which is not needed at this time when the University is attempting to heal, Starn should show some loyalty.
And while Starn is at it, he should come down out of that ivory tower once in awhile, look at the positive side of athletics and cheer for the Blue Devils.
FRAN HAMACHER
Durham
September 19, 2006
http://www.heraldsun.com/opinion/hsletters/
Here's what Nifong said on June 22.
"The lawyers also awaited records from a Durham detoxification center, where the woman first reported she was raped. Nifong said that he is waiting for the record but that it would be only a single-page log."
http://www.newsobserver.com/1185/story/453751.html
Here's our thread on the date of that hearing (June 22)
http://www.freerepublic.com/focus/f-chat/1653541/posts?q=1&&page=251
WRAL's story from that day
http://www.wral.com/dukelacrosseheadlines/9409016/detail.html
Oh it's definitely their intention, CondorFlight.
You can only put up with it for so long, though.
So, they'll miss out on my e-mails to writers and they'll miss out on my always interesting opinions. :-)
.....Is Nifong the local legal terrorist?......
I think this is a brilliant statement.
The American legal system has degenerated to terrorism on both sides. Plaintiff terrorists have honed their tactics to television advertised fine art.
The President of the United States is subject to injury by IED's placed by Senators from his own party hoping for some marginal political gain.
Abb, the N&O article today says Gerri Wilkes, who Osborn discovered made notes of her observations of Crystal at DA, is a security guard. Security guard making notes of her patient observations? Sounds fishy to me.
The Islamics have studied and used the tactics developed and honed to a fine edge by American Jews and Blacks.
In America, even on Free Republic, mentioning the word Jew or Black produces howls of discrinination. Criticism, regardless of how minor is not allowed. Any descriptive that does not meet the PC style book currently in effect is pounced on.
Blame the American Jews and Blacks for the current mess. They created it by having thin skin.
Interesting. She could be an "admitting clerk/security guard?" Maybe the first person to see Mangum?
Nifong has yet to realize he's not in traffic court anymore.
Security Guard is probably NOT the best definition of this person but only one of her roles.
http://forums.go.com/abclocal/WTVD/thread?threadID=130926
To understand this issue one must understand Durham.
Where else must a black police chief back officers who were so blatently out of control in order to protect his daughter from being held responsible for the felony charges on crimes she committed?
Where else would the local paper and TV station be so culpable in protecting DPD sources that have leaked information in the past that they can look past obvious violations of the constitution and due process?
Where else would the city managers struggle to maintain the status quo where city employees can not safely work on the streets without being accosted by criminals yet the streetwalkers and gang-bangers can ply their trade with impunity?
Where else can one go and be brutally carjacked in a major shopping center while students have to worry about being abused by fat balding policemen with an ego as large as their belly because it is DPD policy?
Why is it that many of the headlines in other cities contain stories of individuals from Durham that commit crimes in these other cities? Is it because the only commodity that Durh has to export is criminals?
Durham is, has been and will continue to be a cess pit until the moral individuals within the town decide to demand better. Many of these moral people (including my mother and all of her family) have decided to leave Durham since the culture of corruption is so well ingrained. There are many upstanding members of the community in Durham whose voice holds little sway in matters. Durham - the "City of Medicine" should be the "Capital of Corruption."
Posted: 9/19/06 7:53 AM
Doesn't this statement by Chalmers imply that blacks may sometimes lie about racial slurs?
Another implication of his statement could be that the "blue wall of silence" is more protective of bigots than it is of abusive cowards.
Couldn't substantiate racial slurs at Blinco's , but could at 610 Buchanan? The latter certainly has been reported as fact over and over.
There's a reason why Chalmer's has been mum all along in regard to the Duke LAX case. Now he comes to bat for Gottlieb's Duke arrest record. Amazing how the "only" unsubstantiated fact in the Blinco's incident was the racial slur.
There's more here ...
bump
http://p206.ezboard.com/fhackedbannedandlockeddownfrm17.showMessage?topicID=2.topic&index=1
Can anybody tell me the source for this photo?
I agree... Personally I think Chalmers' statements are an attempt to maintain Gottlieb's street cred... If a black official comes out in support of Gottlieb then it gives permission to the black jurors to view him as less of a white devil than otherwise...
This case has been all along a race case right out of the Jesse Jackson shake down mold. Go after those with the most money, making the most bizarre accusations and hope for the big blackmail payoff.
I find somewhat suspect the claims that a group of liberal raised college students with black teammates present or police officers who work daily within a significantly black population with black peers present, screaming racial epithets. Not out of the question, but somewhat suspect..
However, if the DA does have them, because this employee told the defense they were turned over to the DA, then the DA is in a big heap of trouble because a copy was to have been turned over to the defense months ago. I would hate to think what would happen if the DA destroyed these notes?
I've removed that forum from my list of worthy "links" at CM.
Drivel.
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