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To: SarahUSC
Actually, you need more than an allegation to meet probable cause. An allegation alone isn't prima facie. Some objective evidence substantiating that a crime has occurred - the corpus delicti (body of the crime) - is first needed. And that all has to happen before you even get to whodunnit, which is when PC enters the picture. In view of the (lack of) medical and DNA evidence and corroborating witness evidence, Liefong doesn't even have corpus, and that's what is making this case so bizarre.
494 posted on 10/13/2006 9:53:47 PM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: Jezebelle

Well madam investigator, Nifong has:

1. Admitted proximity, ie Mangum, Evans, Finerty and Seligmann were all at the same location.

2. Mangums allegation

3. A rape exam not inconsistent with rape. I am not saying consistent with rape, but the rape exam did not prove she was not raped.

Other than that, he has no physical evidence that I know of? He has claims of racial taunts back and forth which are not evidence and I doubt could be admitted in court.

Am I missing anything and are 1-3 enough to make a prima facie case?


501 posted on 10/13/2006 10:09:26 PM PDT by JLS
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To: Jezebelle

Well, that's what I meant when I said a credible allegation. Something to corroborate and support the AV's claim.

I agree that Liefong has nothing. And yet the case keeps going. It's in court and the judge and lawyers are going about their business as though this is normal.

What do you think about the defense filing a motion to dismiss for lack of evidence? Megyn Kendall said on O'Reilly that the defense is nervous about doing that because the standard for Nifong to get this to trial is so low. But he has nothing besides the accuser's testimony and whatever her story du jour is. Oh yea, and diffuse edema. Beyond that he has nothing. That must be a really low standard.


503 posted on 10/13/2006 10:11:31 PM PDT by SarahUSC
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