Posted on 04/24/2006 2:16:50 PM PDT by Perdogg
DURHAM, N.C. - The attorney for one of two Duke lacrosse players charged with raping a stripper demanded on Monday that prosecutors turn over the accuser’s medical, legal and education records for use in attacking her credibility.
Kirk Osborn, who represents player Reade Seligmann, said the material will provide “rich sources of information for impeaching the complaining witnesses.”
Osborn also asked a judge to hold a pretrial hearing to “determine if the complaining witness is even credible enough to provide reliable testimony.”
(Excerpt) Read more at msnbc.msn.com ...
ping!
What is he thinking, she's black, you can't talk about her criminal life.
Here's more about the defense motions. Would love to see a copy of the court documents.
http://abclocal.go.com/wtvd/story?section=triangle&id=4111807
“This request is based on the fact that the complaining witness has a history of criminal activity and behavior, which includes alcohol abuse, drug abuse, and dishonesty, all conduct which indicate mental, emotional and/or physical problems, which affect her credibility as a witness,” the defense said in court papers.
Doesn't she also have a problem with CPS?
Can they subpoena her Navy records, too? Since there is a court case, I think this is different than the protection kerry had from mere "public info" type requests....
I do not know; somebody with much more legal savvy than I have will hopefully come along and tell us all.
Peach, are you around?
Can you transcribe from Abrams' show at 6?
Can anybody get it?
From WRAL:
The motion, filed Monday by Kirk Osborn, who represents indicted lacrosse player Reade Seligmann, also asks the court to schedule a pretrial reliability hearing to "determine if the complaining witness is even credible enough to provide reliable testimony."
"This request is based on the fact that the complaining witness has a history of criminal activity and behavior, which includes alcohol abuse, drug abuse, and dishonesty, all conduct which indicate mental, emotional and/or physical problems, which affect her credibility as a witness," the motion states.
--
Osborn writes that no forensic evidence links Seligmann to the alleged crimes, according to the limited information provided to the defense by prosecutors. The case is based on eyewitness testimony from the accuser, he states.
The motion adds that the material provided by the state is "inconsistent, and sources indicate the complaining witness has more (than) one version of her story." It asks for information concerning the accuser's mental health, any hospital commitments and drug-abuse history, as well as education, probation and parole, and Department of Social Service records.
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Also Monday, Osborn told the court in a separate motion he planned to present an alibi defense, based on the testimony of witnesses who are "known to, or should have been known by, the district attorney." The defense has suggested a timeline that argues if the dancers were performing around midnight, Seligmann left the party before having enough time to participate in the 30-minute assault described by the accuser.
http://www.wral.com/news/8965575/detail.html
http://www.thesmokinggun.com/archive/0424062duke1.html
Here's the mothon
Or motion if weren't spelling impaired.
'Scuse me?
My bad...
Is everyone now over here?
I'm going back and forth, as long as this morning's wierdo doesn't show up. :>)
Not me...........I'm all warm and comfy "over there"
What is CPS? (I know I'm gonna hate myself for asking this, right?)
What is CPS? (I know I'm gonna hate myself for asking this, right?)
child protective services
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