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To: Howlin; TexKat; ga girl; Carolinamom; All

"Step back" from your keyboard ... LOL



http://www.newsobserver.com/content/news/crime_safety/duke_lacrosse/20060428_nifongstatement.pdf


Statement by Durham DA Mike Nifong


1,010 posted on 04/28/2006 12:13:42 PM PDT by maggief (and the dessert cart rolls on ...)
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To: maggief
So we have unsubstantiated claims by women that two men at Duke were rapists at some time and place in the past, so there are rapists at Duke, and that helps prove the case. But the earlier potentially false rape report by Mangum has no bearing on whether she is now falsely reporting rape. Is that what you meant Mike?
1,011 posted on 04/28/2006 12:19:02 PM PDT by Locomotive Breath (In the shuffling madness)
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To: maggief

"Two of these letters are from former Duke students who were sexually assualted by former Duke students."

He really is a despicable person.


1,012 posted on 04/28/2006 12:20:47 PM PDT by Howlin
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To: maggief

Looks like a 7th grade girl wrote Niffy's signature...LOL! Was looking for a 'star' or a 'flower' over the 'i'.....LOL!


1,017 posted on 04/28/2006 12:26:21 PM PDT by BossLady
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To: maggief
What a putz this man is, and just like Mangum, he goes and believes everything without proof!
How does Nifong know the letters from the five "rape victims" are even legitimate.

Also, notice how he has to mention two were from DUKE!
1,020 posted on 04/28/2006 12:33:40 PM PDT by snarkytart
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To: maggief

He contends most of the facts being commented upon are wrong, yet Time says prosecutors will contend the 12:41 photo shows the accuser arriving. Nifong doesn't live on Planet Reality.


1,028 posted on 04/28/2006 12:38:47 PM PDT by GAgal
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To: maggief

Nifong is out of control. He's the one who started the media buzz about this; he's the one who mentioned the "Duke" rape of a "black woman".

I love that the judge is allowing this train wreck to continue with the constants leaks and press releases. He could easily slap a gag order on both sides. I imagine he sees this as a farce and likely sees Nifong as incompetent for a case of this magnitude.


1,036 posted on 04/28/2006 12:43:53 PM PDT by Carling (It's Danny, Sir)
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To: maggief
DA: Accuser's Claim May Be Inadmissible

By AARON BEARD
Associated Press Writer
Published April 28, 2006, 4:38 PM CDT

DURHAM, N.C. -- The district attorney prosecuting two Duke University lacrosse players on rape charges said Friday that a similar complaint brought by the accuser 10 years ago may not be admissible if the Duke case goes to trial -- a suggestion disputed by a defense lawyer.

"This woman will have to testify, and it's valid to ask her if she's made any false accusations," said attorney Joe Cheshire, who represents a player who has not been charged. Cheshire said the decade-old report raises "real issues about her credibility."

According to an old police report uncovered Thursday, the stripper who claims she was raped by three Duke athletes at an off-campus party also told police in nearby Creedmoor in 1996 that three years earlier, she had been raped and beaten by three men when she was 14. None of the three was ever charged with sexual assault.

District Attorney Mike Nifong, who for weeks has avoided commenting publicly on the Duke case, cautioned Friday that a jury might never be allowed to hear about the prior allegations.

North Carolina's rape shield law lists "narrowly defined categories" under which an accuser's past sexual history is allowed as evidence, Nifong said. The court must hold a hearing to determine if the evidence meets those categories and to decide how it can be presented, he said.

The rape shield law allows an accuser's past sexual history to be introduced under the following conditions: if it concerns sex between the accuser and defendant; if it shows the acts charged were not committed by the defendant; if it suggests the accuser granted consent; or if it suggests the accuser fantasized or invented the allegations.

Arnold Loewy, a criminal law professor at the University of North Carolina at Chapel Hill, said that unless there is reason to believe the woman made a false accusation long ago, the defense may not be allowed to put the information before the jury.

Nifong's office contacted Creedmoor police Friday morning for information about the incident report, said Mayor Darryl Moss. He and Police Chief Ted Pollard said officials there have been unable to locate any documents related to the case beyond the initial report.

Relatives told Essence magazine in an online story this week that the woman declined to pursue the case out of fear for her safety.

Lacrosse players Collin Finnerty and Reade Seligmann are charged with raping the woman, a 27-year-old student at North Carolina Central University. She had been hired to perform as a stripper at a March 13 party.

Kirk Osborn, Seligmann's lawyer, declined to comment Friday on the earlier rape allegation. Finnerty's attorney, Bill Cotter, did not immediately return a call.

Earlier this week, Osborn filed a request for the accuser's medical, legal and education records. He also asked for a hearing to determine if she is credible.

* __

Associated Press Writer Samuel Spies contributed to this report from Raleigh.

1,144 posted on 04/28/2006 2:54:44 PM PDT by TexKat
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