[maggief]

HE SPEAKS!


http://www.wral.com/apsportsnews/9071027/detail.html



Jurors May Not Hear Accuser's '96 Claim

POSTED: 12:20 pm EDT April 28, 2006
UPDATED: 12:20 pm EDT April 28, 2006

DURHAM, N.C. -- A jury might never hear about the rape allegations made to police 10 years ago by the exotic dancer who says she was raped last month by three Duke University lacrosse players, a prosecutor said Friday.

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

"In short, the jury that decides this case may or may not hear the 'evidence,'" Nifong said.

"The media are not bound by the same rules that govern our courts," he said. "Their decisions on what to report and how they report it (can) have a substantial impact on the ability of our system to effectuate justice. That impact is often positive. Unfortunately, it can also be negative."

In the 1996 report, the woman claims she was raped and beaten by three men when she was 14 years old. Authorities said none of the men named in the report was ever charged with sexual assault in nearby Granville County, where the woman said she was attacked.

Nifong's office contacted Creedmoor police Friday morning, seeking information about the incident report, said Mayor Darryl Moss. He and police Chief Ted Pollard said officials there are continuing to look for additional records, but have so far been unable to locate any other paperwork.

(snip)

[snarkytart]

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

"In short, the jury that decides this case may or may not hear the 'evidence,'" Nifong said.

"The media are not bound by the same rules that govern our courts," he said. "Their decisions on what to report and how they report it (can) have a substantial impact on the ability of our system to effectuate justice. That impact is often positive. Unfortunately, it can also be negative."
______________

What a ____________! (fill in the blank)

I guess he forgets his media blitz at the beginning of this case.

Also, I love how NOTHING will stop him from moving forward with this case...lies,changing story, alibis for accused, no dna, and an old rape claim that sounds like a template for her new claim.
Yet, Nifong still keeps chugging along.

[Publius22]

Can someone remind Nifong he's the DA and not a defense attorney?

He should stop blaming the media if his case has reasonable doubt written all over it. He's already making excuses for losing the case. Doesn't sound like a very confident man.

[GAgal]

Nifong only emerged from his secure bunker imo because Mayor Moss spilled the beans about Nifong's office calling the Creedmoor PD earlier today. Otherwise, Mikey the Mute would have remained hunkered down.

[Sacajaweau]

"Unable to locate any other paperwork"??

Look in the cross-shredder!!

[Vn_survivor_67-68]

".....Nifong said North Carolina's rape shield law lists "narrowly defined categories" under which evidence of an accuser's past sexual history is allowed as evidence."

I DO believe this is correct! Perhaps Nifong hasn't read NC's rape-shield law.....

" (b) Notwithstanding any other provision of law, the sexual behavior of the complainant is irrelevant to any issue in the prosecution unless such behavior:

(4) Is evidence of sexual behavior offered as the basis of expert psychological or psychiatric opinion that the complainant fantasized or invented the act or acts charged.

snipped from:
North Carolina’s Rape Shield Law (Rule 412)
CHAPTER 8C. EVIDENCE CODE
ARTICLE 4. RELEVANCY AND ITS LIMITS

http://www.wfu.edu/~chesner/Evidence/Linked%20Files/Additional%20Assigned%20Readings/North.Carolina.Rape.Shield.doc