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 ...
McFayden's email indicates he was most likely there.
I'm still hummin' that old Pringles song myself...The link is on the right.
Seligmann is in at least one of the time-stamped
photos.
As is the now embarrassed fellow described as "passed out with his shorts somewhat down".
And we can never stress to our children enough that it is possible that: If You Lay Down With Dogs. Youll Get Up with Fleas
Logical, I agree. But will that hold up in court? The prosecution has to PLACE them at the scene, either via forensics or ID. Which reminds me, did any of the players do fingerprints? Oh. And just one more thing (in my best Colombo immitation, LOL) forensics doesn't indicate a time that someone was there, does it?
It's now the fashion amongst a lot of kids to walk around with their shorts somewhat down with their boxers hanging out on top. Unless the waistband is around his knees I'm not sure this is significant.
LB, the defense don't have to release any more photos. That would be self incrimination. Which is why the investigators wanted the cameras and hard drives....
What is likely to happen is this:
1. The DC case will be continued until the NC case is over.
2. If he is convicted in NC, then he gets serious time and I doubt DC bothers with him.
3. If he pleads out in NC, then DC may go ahead. This is fair, you dont give diversion to people who already have records.
4. If charges are dropped in NC, then DC may or may not go ahead. If it looks like charges were dropped only because the witness would not testify, DC may go ahead. If it looks like he was cleared, then DC probably lets the matter drop.
5. If he is found not guilty in a trial in NC, DC probably lets the matter drop.
But it is not nothing, the DC case would give this young person a criminal record which he would not have had otherwise.
Is he the only one? Maybe that's why the defense allowed the cab driver to ID him.
As far as pringles, I am eating salt and vinegar pork skins at the present. I love these things and I'm trying to ward off the evil islamic terrorist.
When the defense first started showing the photos to news media, it's been routinely reported that the photos show additional players seated in a rough horseshoe around the dancers. These photos have not been released but simply shown to media but apparently could be used to ID additional players.
Yes, I recall that. Does the defense have to turn them over to the prosecution if they're subpoenaed? Would that be self-incrimination?
I think the prosecution has to share with the defense everything it has but not vice versa. But I'm just guessing.
You want talking out of an ass? Listen to this. Howlin said up in the thread that Nifong fixed a 2005 traffic ticket for AV.
Wonder if they have a "thing"?
How's that for ass talkin' LOL!
Have em ping me, I got it on TIVO...
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