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Duke Rape Case Defense: Throw Out DA Nifong and Photo ID
ABC ^ | May 1, 2006 | CHRIS CUOMO, ERIC AVRAM, and LARA SETRAKIAN

Posted on 05/01/2006 7:51:52 AM PDT by don'tbedenied

Accused Duke lacrosse player Reade Seligmann's attorneys want Durham County District Attorney Mike Nifong thrown off the case.

Today, they filed a legal motion specifically asking for it.

"DA Mike Nifong neglected his duty as a prosecutor to seek the truth and a fair prosecution," the defense's motion reads.

The motions were filed just 24 hours before Nifong's Tuesday election in which he's fighting to keep his seat. Nifong is being challenged by former prosecutor Freda Black and private lawyer Keith Bishop


TOPICS: Local News
KEYWORDS: bursonmarsteller; duke; dukelax; durham; ericcharlesknapp; falseallegations; lacrosse; nifong; rape; rapeshieldlaws; sacramento
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To: OldFriend

Deal with it.


1,081 posted on 05/03/2006 2:05:27 PM PDT by Jezebelle
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To: Howlin

That's good to hear. Thanks, Howlin.


1,082 posted on 05/03/2006 2:06:10 PM PDT by Jezebelle
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To: Jrabbit
Last month, defense attorneys also publicly stated that DNA samples taken from 46 Duke lacrosse athletes cleared the players, but Nifong hinted on Wednesday that there may be more to the DNA tests than defense attorneys are sharing.

"The fact they're making statements about what reports are saying, and not actually showing the reports, should in and of itself raise some red flags," Nifong said.

From post#1035

_______________

okay..I missed that for some reason.

I think Nifong is full of shit. Excuse my language.
Why did he come out and say after the DNA results,"DNA is not needed for a conviction."
How come he NEEDED CM to ID two people for an indictment if he had DNA.

I think the defense team was quite clear at their press conference that there was no DNA matching the players in or on CM.
I am sure this new round of tests are not going to show any semen or saliva in or on her. I would not be surprised to see a stray hair considering she was A) helped into the car by one of the players B). Was laying on the floor of the house in an attempt at what she considers dancing.
1,083 posted on 05/03/2006 2:07:16 PM PDT by snarkytart
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To: Jezebelle

Did Abrams say anything today about the case??


1,084 posted on 05/03/2006 2:10:06 PM PDT by snarkytart
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To: Dukie07

She dropped her car off the next day, her father originally said, which was probably the only time he has ever told the truth since he was caught off guard by the media at a time when he didn't know anything had allegedly happened to his daughter.


1,085 posted on 05/03/2006 2:11:17 PM PDT by Jezebelle
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To: Dukie07

I think her license is still revoked or suspended. With the police focusing on her, she can't be seen driving, so she parked it.


1,086 posted on 05/03/2006 2:13:03 PM PDT by Jezebelle
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To: Jezebelle

I don't fully doubt you, but it seems to me that there was a period of VERY tense relations between Stanford and East Palo Alto a few years back. I don't have time to research right now, but I'm fairly certain this is an accurate statement.


1,087 posted on 05/03/2006 2:17:19 PM PDT by Dukie07
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To: Dukie07
>>How does disclosure of evidence to the defense work - does defense have to request it, or is the DA just obliged to turn it over to defense? And, is there a time limit that the DA can hold it before turning it over?<<<

In California, the defense asks for a 'Motion for Continuing Discovery". There the request is that as soon as 'reasonably possible' a copy of Every Document, tape recording, lab report, etc, is given to defense. Most courts in Cali hold that three business days is the standard.
Others may have different experiences.
1,088 posted on 05/03/2006 2:18:28 PM PDT by investigateworld (Abortion stops a beating heart)
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To: za_claws

Yes, Kim said they arrived separately. My guess is that Mangum had arranged to have her BF pick her up in two hours, but when things went awry so early in the performance, she wasn't able to reach him and/or Kim said she'd give Mangum a ride.

What I wonder is if Kim acted in a way to make sure things went awry, gave Mangum a drink of something she had with her perhaps in a tote bag with her clothing, purse, etc., while they were in the bathroom, all with the intention of giving her a ride in order to rob Mangum once she konked out.

My understanding at this point is that Kim arrived earlier than Mangum, but about 20-25 minutes. I have wondered what she did during this time. Did she sit in her car, or did she go in and sit and talk to the guys? I assume she waited in her car, because Bissey, the neighbor, saw them go in together. If they didn't know each other, they may have exchanged phone numbers earlier.

The defense will most likely subpoena all phone records of everyone involved - Mangum, her pimp, Roberts, her pimp, and Mangum's BF if in fact he is someone different from her pimp. One phone number will lead to others, which will lead to others, and so on, which will go a long way toward piecing together what all and where all Mangum was prior to the party.

LOL! There may be some nervous johns in Durham!


1,089 posted on 05/03/2006 2:24:00 PM PDT by Jezebelle
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To: Jezebelle
(Pssst I always had a bit of fun going through a working girl's trick book....it's like Christmas in June LOL!!)
1,090 posted on 05/03/2006 2:28:47 PM PDT by investigateworld (Abortion stops a beating heart)
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To: investigateworld

Trick book!!

Slapping my forehead! I wonder if Kim or AV had one, dropped one, or Nifong is looking for a trick book.--The possibilities are endless.


1,091 posted on 05/03/2006 2:36:32 PM PDT by Protect the Bill of Rights
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To: don'tbedenied

That's one of the reasons why I think Roberts may have drugged her while they were in the bathroom having money shoved under the door to them, and may have staged the dispute in the first place - to rip Mangum off by getting her out of there long before her ride showed up. Obviously, Roberts wouldn't take her home and run the risk of somebody Mangum knows well, such as a family member or even her BF, seeing Roberts push or pull Mangum out of the car. Roberts couldn't just shove her out in front of Mangum's house and she wouldn't have wanted to ask for help getting her out at that location and at that time, because it would have revealed who brought her home and when which then explains what heppened to Mangum's money, as well as revealing the fact that they left the dance engagement much earlier than planned. I'm sure Roberts knows that would look damn suspicious to Mangum's pimp who would be wanting his money!

Of course, the other explanation is that Mangum was just too out of it to give Roberts her address.

So, it's hard to say why she didn't just take Mangum home.


1,092 posted on 05/03/2006 2:38:55 PM PDT by Jezebelle
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To: snarkytart

No. All he covered was the cowardly D.C. jury sentence in the Moussaoui case.


1,093 posted on 05/03/2006 2:44:43 PM PDT by Jezebelle
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To: Jezebelle; OldFriend
Jesse Jackson offers scholarship to accuser

April 17. 2006

On Saturday, Jackson said he has no plans to visit Durham immediately and has not had a chance to speak with the woman. He said he has talked to local ministers who have spoken with her family.

Reached by phone Saturday, the woman’s mother was taken by surprise by Jackson’s offer.

1,094 posted on 05/03/2006 2:45:15 PM PDT by TexKat
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To: Protect the Bill of Rights; Howlin
Just thinking out loud here, but any agency I know of would have 'seized' the player's house as a crime scene that morning.
They would have kicked everyone out, then yellow taped it as a crime scene while they were writing the search warrant. Concurrently, they would have started photographing the players bodies and such. I suspect there was some series internal disccentsion within DPD, and then the clown DA took over, leading them into a greater series of errors.
This case has been a classic textbook case of what not to do.
1,095 posted on 05/03/2006 2:51:48 PM PDT by investigateworld (Abortion stops a beating heart)
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To: investigateworld

I'm guessing the cops didn't believe the drunk stripper who cried wolf, but Clown Nifong saw his meal ticket and started the farce. Bottom line: It worked.


1,096 posted on 05/03/2006 2:55:15 PM PDT by don'tbedenied ( D)
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To: investigateworld; Protect the Bill of Rights; Howlin
I'm thinking, from prior run ins, that DPD knew (and knows) Mangum was unreliable. Given her history of reporting crimes and then not following up, I think that's reasonable. There are two big ones that we know of. I''ll bet that they didn't take her seriously until Nifong jumped all over it.
1,097 posted on 05/03/2006 3:14:55 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

Nifong refused to go on Dan Abram's show!


1,098 posted on 05/03/2006 3:21:38 PM PDT by Peach
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To: Locomotive Breath

I wonder if Lt. Brian Bishop, who took her 1996 Creedmore statement and is now an investigator with the Durham PD, has also been involved in the Duke case?


1,099 posted on 05/03/2006 3:24:11 PM PDT by GAgal
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To: Jezebelle

No. All he covered was the cowardly D.C. jury sentence in the Moussaoui case.
____

Ah yes, more liberal nuttiness. I assume the jurors were mostly lefty nuts, because of the area.

Thanks for the update.


1,100 posted on 05/03/2006 3:34:37 PM PDT by snarkytart
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