Replies

Attorneys press Nifong again on lacrosse case

By John Stevenson, The Herald-Sun
October 11, 2006 9:02 pm

DURHAM -- Two defense lawyers again are asking District Attorney Mike Nifong for statements the accuser in the Duke lacrosse case made to authorities and for copies of police notes and reports about the investigation.

In a letter Wednesday, lawyers Joe Cheshire and Brad Bannon again said they have reason to believe Nifong may be withholding the information from them.

Nifong was at an out-of-town conference Wednesday and could not be reached for comment.

Also Wednesday, CBS confirmed a Wednesday Herald-Sun report that it will air a "60 Minutes" segment about the lacrosse case at 7 p.m. Sunday.

A CBS news release said the segment will include interviews with all three rape suspects and with Kim Roberts Pittman, a second exotic dancer who was at the alleged crime scene. Ed Bradley will be the interviewer.

In their Wednesday letter, Cheshire and Bannon cited remarks Nifong made in court papers last month in which he said the woman told him she "had never at any time knowingly and voluntarily taken Ecstasy" -- a euphoria-producing drug.

The defense team also mentioned a Tuesday Herald-Sun article in which David Smith, chairman of the Friends of Durham political-action committee, talked about a recent discussion the group had with Nifong as it considered endorsing a candidate in the Nov. 7 district attorney's race. Friends ultimately decided not to endorse any of the three contenders.

When Nifong was asked about the lacrosse incident, he said he was "the only one that's interviewed this victim," according to Smith.

Smith also quoted Nifong as saying he continued to feel confident about the case.

Cheshire and Bannon wrote Wednesday that, "It is clear that [Nifong has] spoken with [the accuser] about the facts of this case. ... It is equally clear that we still have no reports of any factual statements [she] has made to you in the investigation and prosecution of this case, whether in the presence of others or not."

The lawyers represent rape suspect David Evans, who graduated from Duke in May. A copy of their letter was placed in court files and copied to Superior Court Judge Osmond Smith and other attorneys.

Evans is accused along with Collin Finnerty and Reade Seligmann of raping and sodomizing the alleged victim, an exotic dancer, during an off-campus lacrosse party at 610 N. Buchanan Blvd. in mid-March. All are free under $100,000 bonds as they await a trial that is expected to occur next year.

Cheshire and Bannon noted that the accuser met April 11 with Nifong, Sgt. Mark Gottlieb, Investigator Benjamin Himan and Lt. Mike Ripberger of the Police Department.

Asked about the meeting, Nifong had said in a court hearing last month that the woman made no statements about the alleged rape to him or anyone else.

He also said she was asked no questions because she "was clearly still so traumatized from this offense that I could not see anything that could be served by even speaking to her about the case."

But Cheshire and Bannon said in Wednesday's letter that if Nifong didn't discuss the case with the woman April 11, there was reason to believe he did so on other occasions. They said they were entitled to know what information she provided.

"We have made these requests time and again," they added. "We understand and appreciate that this is not the only case in Durham and that you have an office to run. We, too, have an office to run, other cases to work on, and many other professional and personal responsibilities. When, however, you chose to assume control over the investigation and prosecution of this case, you also accepted the attendant responsibilities of producing the materials to which ? we are entitled. We would appreciate your doing so at your earliest possible convenience."

In addition, Cheshire and Bannon said Nifong still had failed to provide them with notes and reports about the case from Himan and Gottlieb, and also from investigator Linwood Wilson of the District Attorney's Office.

URL for this article: http://www.heraldsun.com/durham/4-777797.html