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 ...
Wow! I am impressed! They leave it up to the judgement of the parents!
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What is that??
Don't get mad. He's just a flak for the Jessie Jacksons and Al Sharptons of the world. And the DBM flaks are dying. Not fast enough, but dying. They can write all the $hit they want, but people are on to them.
We just gotta keep doing what we're doing...
Honestly. These guys have been given more restrictions than the child sex offenders out there! This is ridiculous.
Please don't hold back. Tell us how you really feel. :-)
Wisconsin--Here a minor is allowed to drink with their parent/guardian. Even in public!
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Don't get mad. He's just a flak for the Jessie Jacksons and Al Sharptons of the world. And the DBM flaks are dying. Not fast enough, but dying. They can write all the $hit they want, but people are on to them.
We just gotta keep doing what we're doing...
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This is true.
Here is an article with players names and deferred
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It looks like six team members with deferred adjudication still have open files. Three were found not guilty on that list so Nifong can do nothing there. Two have pending cases and he can do something there, but he can not reopen the anything since the case has not been settled but Nifong can be a jerk about disposing of these cases.
I wonder for the six, if Nifong reopens, can they withdraw their prior plea and force him to prove their misdemeanor cases and the students respond with high powered lawyers and beat the rap? It would be costly to the families, but if they have money it would be another way to take a pound of flesh out of Nifong.
Megan Kendall coming up on Fox next re the AV's father
Wouldn't Nifong have to PROVE their presence at the party. Who's gonna ID them? Kim? Crystal? The cab driver? I have to think their lawyers saw this one coming. Nifong's trying to bluff...again...
Good analysis and I agree it was more likely a spur of the moment false rape charge. As you post the other day said, behaving just like we would expect the two strippers to behave in the situation.
Do they sell beer &/or liquor in the supermarkets in NC? Yow. Can he buy gas if they sell six-packs inside? No more freeloading samples of chili at Costco any more either I guess.
I am not sure the DA has to prove anything on the deferred prosecution deal. He would be reopenning their original charge. If they could withdraw their guilty plea, he would have to prove that charge. If they can not withdraw their plea, he may be able to punish them for merely being on the LaX team.
I suspect that when you enter such a program a mere arrest can trigger reopenning of the case. That may be the issue in the DC hearing today.
The "little skinny one" may fatten up if he finds himself restricted to Dunkin' Donuts.
My guess was it was a fake ID charge or something. Once while stopped at a stop light a cop pulled me over and gave me a ticket????
Seriously I was stopped, but he claimed I had been speeding some place back. I challenged it and they let me plea to a faulty muffle and a minimal charge. I laughed and took it. So the charge you plea to may have little to do with what you actually did. That means our guess that it was a fake ID situation can only be a guess.
Yes, and I am serious. If you don't mind your teen having a taste or even a whole beer or whatever, it is fine. In a bar, restaurant, festival and home.
Megan Kendall coming up on Fox next re the AV's father
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At the office, what's up?
That's the point. No one's been arrested except the two charged with rape. None of the others were charged with anything. If they didn't admit they were at the party, who says they were there? Who's Nifong got who can place them there? They were all gone by the time the cops got there. He's got bupkis. He would have used this long ago if he had it. Just like the mysterious date rape drug. He aint got $hit. He's making it up as he goes along, and then feeding the DBM. They fluff it up into "new evidence." Bull$hit..
Did you hear her old attorney last night said he had helped her with yet another traffic violation in the summer of 2005?
I agree. He is a disgrace and I hope that he loses next week's election.
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