Posted on 04/25/2006 2:34:48 AM PDT by abb
DURHAM - District Attorney Mike Nifong plans to reinstate misdemeanor charges against a half-dozen Duke lacrosse players, saying a March 13 party where a woman reported a rape broke the deals that the players made with prosecutors.
Nifong's decision could affect players who, before the party, had entered agreements in which prosecutors would dismiss the cases if the players performed community service and stayed out of trouble for six months or a year. Among the first to have his charges reinstated was David Evans, one of the team captains who lived at 610 N. Buchanan Blvd., the site of the party in which lacrosse players hired two women from escort services to dance. One of the women told police that she was raped by three men in a bathroom.
Two players, Collin Finnerty, 19, and Reade William Seligmann, 20, were charged last week with first-degree rape, first-degree sex offense and first-degree kidnapping. Their attorneys say the men are innocent.
On Monday, an attorney for Seligmann filed a motion seeking information that would help attack the credibility of the woman, the only person, according to the defense filing, who says a rape occurred. The motion seeks information about the woman, including criminal charges, mental and emotional problems the woman has suffered as well as social services, probation, child protective services and victim's advocacy records.
Today, Finnerty is due in a Washington court where prosecutors in an assault charge are considering whether to revoke a deferred prosecution agreement similar to those affecting other players in Durham.
According to court records, 16 players were charged in the past three years with misdemeanor charges in Durham including noise violations, public urination and alcohol violations. The deals placed the men on probation for either six months or a year.
(Excerpt) Read more at newsobserver.com ...
Changing stories in statements to the police yes, but for example can she be asked about things that we see reported as her statements in newspapers which, after all, are forming the basis for our discussion?
11:50 p.m.: Bissey, on his porch, notices two women walk to the back of the house, where a man greets them.
What did they do on the back porch for 10 minutes? My guess this is where the AV drinks half her drink, spills the rest, then drinks Kim's drink. That's a lot of booze in 10 minutes... just a guess...
Midnight: Bissey sees the two women go into the house.
Dancing starts about 12:00... no problems so far... if you believe Kim they danced for 10 minutes... if you believe the photos, they danced for 4....
12:20 TO 12:30 a.m.: Tuesday, March 14, Bissey hears voices in the alley beside the house. At least two men are discussing money, one saying, "It's only $100." Bissey sees a man leaning into the window of a car parked outside the house. One of the women he saw earlier gets out of the car and says she needs to get her shoe. She walks to the back door of the house.
So far so good.... if you believe Kim's time line 12:10 they stop dancing, they get dressed and get to her car 12:20 - 12:30.. some guy follows them out and leans in the window to apologize and try to talk them back in.... 12:30 ish the AV goes to the back door to try to go in an get her shoe... the door is locked she can't get in... fumbles around in her purse and make-up bag looking for something, the booze finally hits her or she trips on the trash and falls down the steps... Kim gets tired of waiting, goes to the back yard to get her and some guy helps her to the car.... I can see that taking 10 - 15 minutes...
Between 12:45 AND 1 A.M.: Bissey sees a car, which at least one of the women had been in earlier, speed away. Several men come out of the house; Bissey hears at least one of them say, "Guys, let's go," repeatedly. Within minutes, there is silence. The lights at 610 Buchanan are dim, and no one is outside.
Consistent with Kim calling 911 at 12:53, the cabbie getting there about the same time and everyone gone before 12:55
12:53 a.m.: An unidentified woman calls 911 and says a man near 610 Buchanan called her and a friend a racial slur.
12:55 a.m.: Police arrive and see evidence of a party at the house, but no stragglers. No one answers the door, and police can't find the woman who called 911.
1:06 a.m.: Police leave.
So if we are to believe the uninvolved party Bissey, it doesn't matter really what the times are on the pictures... it's fairly obvious we could probably place the pictures on the timeline without the times being on them anyway...
We have to make a couple of leaps here without the times on the pics, but not many....
Thanks. :)
You can ask, but unless you have some evidence she said them like maybe a reporter's tape, you probably don't want to ask. I am not an attorney, but I think general rule of cross is you never ask a question you don't know the answer to.
I think knowing the answer would include having some concrete way to impeach any answer other than the one you know. Something like a prior statement on tape or sworn or etc.
Seek help.
Marketing people are b*llsh*t artists, or, shall we say, snake oil salesmen. I want steak not sizzle which is ephemeral and of no value. If engineers did their jobs in that manner, bridges would fall down, houses would burn up and planes would crash. Spend thirty years getting slapped around by the laws of nature and your tolerance for obscurity and foolishness no longer exists. Trying living outside the land of smoke and mirrors. You might like it.
When is the court supposed to rule on that motion by the defense?
Thanks for the Greta recap.
:-)
Dear God, Wendy Murphy has gotten all tarted up for Tucker's show.
BTW, I think Tucker has been GREAT on this story.
I think that sums it up. Of course the the media vultured and the DA claim that they arrived around 11:30, I think.
Freda is on Tucker!
Admissions against interests are exceptions to the hearsay rule.
You can put a witness who heard a prior inconsistent statement on the stand and have he/she testify as to what was said.
Well that works for me!
Woohoo!
Tucker just told Freda "I'm rooting for you. Nifong is out of control."
"Yes. Also called a "proctor", a "live-in", a "house mother", a "resident professor". A mature adult who sees the consquences of idiotic behaviour. Behaviour this idiotic gets young men and women killed every week on the roads, and in the "long-term" can be a life-shortening event."
You really didn't have to explain that to me. I graduated from nursing school before attending college. We had a "house-mother." That's because the nursing school had a total of about 200 students. Besides, I remember coming in late several times with my classmates after attending frat parties. One of our excuses was that we lost our car's transmission and we had to go back to get it off the road.. These women said that they were glad we were able to find it. True story. We always laughed all the way back to our rooms.
My point is.....how do you have house-mothers responsible for 12,400 Duke students? I have two children...one went to a university with 17,000 students, the other, with 26,000 students. Some students live in dorms, some in rented homes/apartments and others buy homes near or at a distance from the campus.
I don't mean to be disrespectful, but you have no idea what college life is all about.
This house was an off-campus dwelling that the students had rented from the university. In other words, they were paying the rent, just as any other renter does. Are you suggesting that against their will AND against the law that they be forced to have a proctor?
Which planet are you from?
Freda is on Tucker!
_______________
DANG! I missed it.
What did she say?
I agree with you, on this case Tucker has been passionate and accurate.
Might have something to do with the fact he was falsely accused of rape.
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