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
I'll take that as a you won't because you can't and my guess is that you probably misread what you did see... it happens to me often...
There is an audio tape around here somewhere that was posted just last night that plays the entire dispatch conversation with the responding officers that concludes with their confirming their arrival at DUMC
Are you referring to the team effort which SJB was so kind to transcribe this for our bookmarks...
I listened to the audio tape myself and didn't hear a confirmation of the police arriving at Duke Hospital with the AV....
Please look for it yourself (I don't remember which all threads it was on) or be patient and wait for it to come up again.
But thanks for the suggestion, I'll just sit here and stare at the screen and hope it pops up again... :)
The comment was from the TalkLeft thread. I've just spent a whole lot of time reading it. Interesting. They could use some of the info we have here, though! LOL.
"I really believe this case will be moved from Durham, and the defense will want a speedy trial, and maybe trial by a judge."
All logical, but this is Durham, remember. The judge may not want to face a hostile local reaction (especially if he himself is black and will suffer being ostracized and will probably have to move somewhere else, if he rules in favor of the defense).
"I guess the next big day is May 15th."
This is also Duke Graduation day, so all the students will be leaving town or will have left by then.
At that point the AV may declare she doesn't want to press charges, so the DA will be off the hook.
Oops. Guilty! Dukie07 raises hand and admits to having enjoyed rent control in SF several years ago...... :)
Well I caught up with some of the goings on of the day after a busy day in my real life.
On the election:
1. I posted before a low 40% DA is not operating from a strong position.
2. The results speak loudly to me that that African-American candidate must have been very weak. Had he taken 20%, ie half of the black vote, Nifong likely loses.
3. That some of the local defense supported Nifong is not that surprising and may indicate that the voters did not have any good option.
4. Nifong is not a very classy guy taking shots at his opponent after winning.
On the case:
5. It is going to be funny when Nifong's additional tests take the defendents from not excluded to excluded as the source of the DNA. The first test had what have been called inconclusive results. This means based on their DNA samples some of the players could neither be excluded nor identified as the source of the DNA. A more sophisticated, ie finer, test is likely to exclude these players including the accused.
6. The DA does not have a right to delay the trial. The defendents have a right to a speedy trial. If I were them and was confident of my alibis, I would demand a trial as soon as possible.
7. A bench trial might or might not be a good idea depending whether or not NC judges are elected officials or not.
I give up for tonight. Keep up the good work.
Day job?!!
She's a mother of two babies. She's a straight A honor student.
What do you mean asking if she have a day job!
If she had a day job she'd be paying income tax and we know she is not doing that.
The post you are speaking of is #694 in this same thread. It backs up what you are saying. Sorry, I couldn't get the link to post.
Suit yourself. But things don't just pop up unless someone re-posts it, which is what I was talking about.
The police timeline has been posted enough times that if you were paying attention, you would have seen it. It'll come up again, if you don't want to look for it. You referenced OakOak and Yale Galanter, neither of whom is a police officer involved in the case, and it's a police record we're talking about. If you don't want to look for it yourself, then you can wait until someone re-posts it. Your choice. There are too many threads and links for me to take the time to prove something to you that you choose not to believe. If you think the police would hand off an incoherent woman in their custody to a male friend of hers, fine, be my guest.
I looked at the thread a bit. It seems you located the one sane voice among the cacophony of chattering fools there.
LOL! Shame on you!!
Beautiful city, though.
"4. Nifong is not a very classy guy taking shots at his opponent after winning."
That is but one earmark of Nifong's lack of class.
I don't know about the bench trial. I'd say that depends on whether the change of venue is granted and which judge they draw no matter the jurisdiction. If the jury convicts, there's always the chance of a directed verdict.
I also referenced an unofficial transcript of the actual police dispatch recording... It was convenient of you to not allude to it.. I believe they are real policemans talking...
Your effort to keep the record straight is admirable but, if you don't have a source for your statement and the best you can do is "If you think the police would hand off an incoherent woman in their custody to a male friend of hers, fine, be my guest. " then you could have withheld comment...
I provided three sources, all of which indeed could be in err, you have provided only what you think you've read and what you surmise... I would prefer something a bit more concrete... so we'll just leave it at that, shall we...
Thanks, that seems to answer Darby's imperative question.
I also recall a time line that shows the call being cleared at 2:53 (meaning the officers were finished with the incident in relation to subject Mangum for the night, having taken her to the hospital). That makes sense with the 2:39 arrival at DUMC.
Perhaps her BF showed up at the hospital after she arrived there and used the phone. You'd think she'd want her mother or a sister or closest girlfriend if she'd really been raped.
All logical, but this is Durham, remember. The judge may not want to face a hostile local reaction (especially if he himself is black and will suffer being ostracized and will probably have to move somewhere else, if he rules in favor of the defense).
___
I would be shocked if a COV was not granted. I cannot think of another case this high profile in which ajudge did not grant a COV.
It is a basic thing to do in a media frezied case.
"What a petty little man(Nifong)."
snarky....I suspect he's little, too. That's why he has a huge psychological problem.
I've listened to the actual recording of the calls. They were posted here somewhere last night. The transcript that poster named I want to know referenced in post #694 conforms to what I heard. You can look for the actual recording if you like. Although not in the transcript, a refernce to first taking her to Duke Acess is heard in the police calls, and that's by a female officer, although that now may no longer be there because of her medical privacy rights. It's obvious to anybody who can read, listen, and think that the police took Mangum to the hospital. Perhaps you're not a memebr of that subset of the population.
I really don't care what you prefer or need. I'm not here to tutor you about the case. If you can't keep up, don't demand others do it for you.
I missed it, but Nifong was on with Rita tonight. The end of this article describes what he had to say:
http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--durhamda0503may03,0,6535436.story?coll=ny-region-apnewyork
Wow, he won by only 899 votes with 200-300 provisional ballots to be counted.
"Nifong said he would personally try the case, which he said he expected to go to trial in the spring of 2007. Athough defense attorneys have said they have exculpatory evidence that Nifong ignored, the district attorney said it's "probably safe to say" that he has more evidence than has been released."
I have this gut feeling that his evidence/future DNA results is tainted.
You've obviously have not heard about "the first rule of holes"...
I'll tell you what... I'll post the transcript that your helper couldn't pull for you... here is the actual audio
Will you please highlight for me the relevent dispatch that declares that the police or that we're taking the AV to Duke....
I wouldn't want to be too demanding....
Starting Date Tuesday March 14, 2006 at 12:58:07 AM: [radio static]
12:58:10 AM “I’m in the alley, it’s about a half block down from where you are”
12:58:19 AM “I’m standing right here on the sidewalk, actually on Buchanan, at uh, 610, right now”
12:58:28 AM “…walk up there and walk down, but these kids -- they’ve already left”
12:58:39 AM [radio static]
12:58:43 AM “610, uh, Buchanan, but there’s nobody here, and they’ve all already left”
12:58:52 AM “Sent two other units out, then we’ll do a little knock and talk, see if anyone’s home”
1:33:55 AM “She -- she’s breathing and appears to be fine, she’s not in distress, she’s just passed out drunk “
2:12:08 AM “Uh, um, yeah call and see if you can’t get somebody close to Charles Street to ride by there and check on them young ‘uns”
2:37:07 AM “She’s uh, on the way to Duke now, and they’re going to get a SANE nurse and scrub a report, and that, uh you know see where we are, once uh…” [different voice:] “Allright, caught up...303” [original voice:] “That’s your job, Big Daddy”
2:39:03 AM “Uh the one that we talked to at the Kroger knew her?” [a different voice:] “Quite possibly … [incomprehensible]”
Ending Date Tuesday March 14, 2006 at 2:39:15
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