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 ...
At the office, what's up?
Megan reported that the AV may back down from testifying, but she will if forced to...also, the DA may have evidence from tox screen at the hospital that a date rape drug was used and if so it will be devasating to the LAX team.....but right now that is just a rumor....
They may not need to have been arrested. Depending on the program, it may be all up to the prosecutors office if you have lived up to the agreement. Basically they have copped a guilty plea and their records will be scrubbed if the prosecutor thinks they lived a good life for X number of months. If he does not, the original case is reinstated.
My lawyer friend, while doing an internship, assured me that many people plea to lesser charges that include crimes they did not commit. Once in a blue moon this will come up again in court, and they are able to claim they were convicted of something they didn't do. Which is true.
Id this from the Newsweek article that said Nifong hinted there was a date rape drug?
I think that is all she is going over the same stuff as last night.
He helped which one?
I wish I could have asked her if he had proof why it wasn't part of the indictments.
want shb won't
ugh!
Id this from the Newsweek article that said Nifong hinted there was a date rape drug?
I think that is all she is going over the same stuff as last night.
___
lol
That was incoherent. I meant to say, I think FNC is just going over the story from yesterday about the date rape drug. It all stems from the Newsweek article.
Originally in the taxi incident, the false accuser was charged with driving with a revoked license, and since then I've read there were other (3?) license suspensions. Where's the reporting of the reason behind those?
Believe it or not but I heard an older white lady call into KLIF radio talkshow the other morning and was mouthing the very same thing.
Pretty much. And Judge Napolitano said that a test request for date rape drug evidence must be requested..it would not show up in a normal blood screen. He also said if the blood sample had been preserved properly, the test could be done anytime .
My Mom? LOL
I agree--and it goes back to our discussion yesterday about Kim's discussion of the drinks. She knows where one is spilled--wouldn't it be easy to test the carpet in the area it was spilled?--Maybe it was in the bathroom??
RE: date rape drug rumor.
I think the DA is trying to scare them into talking about what "really" happened.
Does the man stop and think there is a possibility these guys are innocent and telling the truth.
I'm no lawyer, that's fer sure. And I may be speculating on this completely out my a$$. Mrs. abb says I do this often, LOL.
However, look at this carefully. Even if Nifong "says" they didn't live up to the terms of the agreement, what did they do? They were at a party? Who says? Kim? The Lax player's lawyer will say, "I don't believe her. Put her on the stand and prove it."
Now all that said, I'll quote Jack Nicholson from "A Few Good Men." "....I'm just spitballing here..." LOL!!
Chapel Hill, no doubt.
And apparently the one that gets hurt is Dave Evans, one of the captains that came forward and admitted to the party in the first plce. Then they wonder why the kids don't talk---Screw that--get a lawyer and clam up!
LMAO, you are a nutcase!
Yes. This could be why all the thumbsuckers (talking heads) were saying the boys "should act like men and come forward." That way they would place themselves in jeopardy and Nifong would have a lever to use.
Remember, the courtroom IS NOT in Durham. It's in the media...
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