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 ...
I'm just getting ready to listen to the noon news to see.
That's 2/3 of all the restaurants in the world.
By Alex Schank Hoya Staff Writer Tuesday, April 25, 2006; Page A1
A Georgetown lacrosse player charged with simple assault in November with two students from other universities — including a Duke lacrosse player recently indicted on rape charges — will have charges dropped pending fulfillment of an agreement he entered last month.
According to the agreement, the three students — Daniel D’Agnes (COL ’08), Patrick Bonanno, a Providence College student, and Duke’s Collin Finnerty — must complete 25 hours of community service and keep a clean record for six months to have charges dropped, according to the diversion agreement reached with the U.S. Attorney’s Office of Washington, D.C. They will appear before a D.C. Superior Court judge today.
The three students allegedly punched Jeffrey Bloxgom in the face last November on Wisconsin Avenue after calling him “gay” and derogatory names, according to court records. They played for the Chaminade High School lacrosse team together in Mineola, N.Y.
D’Agnes’ attorney, Michael Starr, said that he is confident that his client will not violate any of the terms of the diversion agreement.
“I fully anticipate that Mr. D’Agnes will live up to his end of the agreement and that the U.S. Attorney’s Office will dismiss this case.”
Starr added that prosecutors agreed to drop charges in exchange for community service “because their investigation showed that this was a minor incident that did not involve any anti-gay slurs.”
University spokesman Erik Smulson declined to comment on specifics of the case, and did not say whether the university has punished D’Agnes.
“Georgetown works in many ways to ensure that student athletes are fully aware of the expectation that they must conduct themselves in an appropriate and exemplary manner at all times,” he said.
Sports Information Director Mex Carey declined comment.
The case has drawn wider attention recently because Finnerty was one of two Duke lacrosse players arrested and indicted last week for allegedly raping an exotic dancer hired to perform at a team party last month. He was charged with first-degree rape and first-degree forcible rape and kidnapping.
Finnerty’s recent arrest in the rape case, however, could lead the U.S. Attorney’s Office to retract its earlier agreement with him and re-file charges, Channing Phillips, a spokesman for the U.S. Attorney’s Office, said. Phillips added that any new agreement with Finnerty would not affect D’Agnes or Bonanno.
“Not to be re-arrested is a standard condition of every diversion agreement,” he said.
Phillips added that if Finnerty’s diversion agreement is revoked at today’s hearing, “the case would be back on the prosecution track.”
Finnerty could serve up to 180 days in prison and pay fines of up to $1,000 for the D.C. assault.
Finnerty’s attorney, Steven McCool, could not be reached for comment yesterday.
According to a court order, Finnerty, D’Agnes and Bonanno were called to today’s hearing because the court does not know the “nature or extent of the community service” they are undertaking.
They are slated to return to court on Sept. 25 for another hearing.
LOL!
I kid you not!
Until the N&O's hit piece, would anybody have known that the lax team was guilty of "swagger"? In fact, I'll bet that any Div I varsity athlete in a winning program swaggers.
I'll bet the tennis team is swaggering right about now
http://www.goduke.com/SportSelect.dbml?DB_OEM_ID=4200&KEY=&SPID=1839&SPSID=22583
You know what, why would any player "come forward" now, like Nifong obviously thinks they will do.
As vindictative as he appears, they have to know he would charge them with accessory.
Oodles of new links here: http://www.e-lacrosse.com/duke2006.html
Under the new restrictions, Finnerty, 19, and his two co-defendants in the assault case have a curfew of 9 p.m. to 6 a.m. and are not allowed to be present anywhere, in public or private, where alcohol is sold or consumed. They also must report by telephone to court officials each Friday.
This just makes me sick. I cannot believe this buffoon can do this! UGH!
Late to the thread this morning--guess I shouldn't have eaten breakfast first. Blech.
Apparently with less frequency than is required.
This latest move sounds purely vindictive, as if Nifong knows his DA days are numbered and wants to get his licks in while he can.
You never know when you're gonna' hit a nut.
"where alcohol is sold or consumed"
- definitely can't live in a dorm next year....or even be on campus, for that matter.
Trial by media choir blankets Duke rape case - Jim Pinkerton http://www.newsday.com/news/columnists/ny-oppin254715907apr25,0,224263.column?coll=ny-news-columnists
I think he's giving one last shot at getting someone to squeal, but since nothing happened no one can tell.
Nifong is a rat Ba*****, IMHO
Or go to most restaurants.
I hope they don't use real wine for communion at his church. /sarc--sorta
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.