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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: OakOak

Something about never feeling the earth mood comes to mind.
Now, out of the gutter I climb...

I am starting to wonder about the DNA and the new testing, which is why I asked who put her in the car.

When she fell on the steps, someone (more than one probably) must have picked her up. I am wondering if there was any forensic evidence (hair, clothing fibers) from that? I would imagine something on the person(s) who helped her in the car and maybe something on Crystal.

Taking it a step further, would Nifong have latched onto that and perhaps the 3rd suspect would be the one who helped. Come hell or high water, he will make the case fit that.

Nifong's mysterious comment about all of the DNA evidence may refer to that.

IF (and I say IF) there is some type of forensic, AV screwed it up when she did not ID the person who may have helped her in the car.


1,221 posted on 05/04/2006 6:26:31 AM PDT by Protect the Bill of Rights
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To: maggief; All
To all involved in the Duke rape case

In America, you are presumed innocent until proved guilty. But it doesn't help matters in the court of public opinion that one of you was arrested for assault in Washington, D.C., in November in an incident that allegedly involved violence and the use of anti-gay slurs.

Of course, the accuser also has a police record, which just proves that convictions (of all kinds) scale the walls that separate divisions of race and class.

• To the Durham County prosecutor, who is supposed to represent the rights of the victim and the interests of the larger public: Congratulations on the election victory Tuesday. How does it feel to unabashedly use - and potentially destroy - young people's lives for political gain? You'd better be right.

More...

1,222 posted on 05/04/2006 6:34:24 AM PDT by TexKat
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To: Protect the Bill of Rights

I hear you.

The woman laid on the floor (we know from pictures) in a long-time Defacto College Frat house. They also gave her money (that was previously on their person). The lacrosse players say she was in the bathroom for an extended period. The bathroom! the player's DNA is in there to be sure.
As you say, they helped to her in her car too.

Some DNA transfer is VERY Likely. My GUESS is that Nifong
has DNA that was NOT on the women, but in the bathroom - and he's going to run with Wendy Murphy's theory (and we know he watches the programs - he won't do any more interviews with Abrams) that they were "careful" not to ejaculate on the AV.

The problem there is that that DNA could've been there for 6 weeks. 19 year old guys like to have sex, what 5 times a day? 46 men X 5 times a day = 230. In the last 6 weeks,
(230 x 42)- 9,660 opportunities to leave semen in the bathroom.


1,223 posted on 05/04/2006 6:40:22 AM PDT by OakOak
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To: TexKat

"As Columbia University law professor George Fletcher has written, 'It is important to defend the interests of women as victims, but not to go so far as to accord women complaining of rape a presumption of honesty and objectivity.'"

Yet over and over Nifong has publicly stated he believes the accuser is honest. How much his wife, an advocate for abused women/children, has played in his unwavering "belief" in her is unknowable, but likely very important.


1,224 posted on 05/04/2006 6:42:27 AM PDT by GAgal
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To: All
Justice is getting lost in Duke case

DA in Duke case returns to work after primary

No concession yet in DA race

Duke University law professor James E. Coleman Jr., right, and Prasad Kasibhatla, associate professor of environmental chemistry, discuss a committee's findings about the on- and off-campus behavior of the men's lacrosse team at Duke University Monday, May 1, 2006 in Durham, N.C. According to the faculty committee, members of the Duke University men's lacrosse team are academically and athletically responsible students who were not out of control before their party of March 13, but too many have been irresponsible in their use of alcohol and engaged in repetitive misconduct. (AP Photo/Gerry Broome)

1,225 posted on 05/04/2006 6:43:14 AM PDT by TexKat
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To: GAgal; All

He (NIFONG) used to be a SOCIAL WORKER (correct?) They are trained to accept and believe reporters.


1,226 posted on 05/04/2006 6:46:51 AM PDT by OakOak
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To: All

THIS IS ALL YOU NEED TO KNOW...

Although he had decided on an eventual career in law while still in high school, Nifong worked for his first year after graduation from UNC as a teacher of mathematics and boys’ physical education in Southport. This was followed by a three-year stint as a social worker with the New Hanover County Department of Social Services


A District Attorney looking for a Victim and a Stripper looking for a defendant.


1,227 posted on 05/04/2006 6:49:31 AM PDT by OakOak
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To: TexKat

That WND article was sickening on so many levels.


1,228 posted on 05/04/2006 6:50:39 AM PDT by uncitizen
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To: OakOak

You're right. When the case first broke the young guy from NCCU said even if the guys weren't guilty it was to make up for past injustices.


1,229 posted on 05/04/2006 6:51:26 AM PDT by ladyjane
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To: TexKat

It apparently comes as a surprise to the good Rabbi that young men try to get young women into bed. He seems to think this is a recent development. Hey Rabbi! I've got some reading for you. Try the Old Testament.


1,230 posted on 05/04/2006 6:53:20 AM PDT by Locomotive Breath (In the shuffling madness)
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To: OakOak

Do you think people in North Carolina have any idea what this DA is doing to the image of their state?


1,231 posted on 05/04/2006 6:54:01 AM PDT by ladyjane
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To: TexKat

Two things about the email:

1. It sounds like sarcasm.
2. It is incredibly stupid to say things in email that you wouldn't want the world to see.

One more thing. If the writer of the email kenw a major felony had just happented, and the victim was on the way to the police, what on earth is this email about?

My guess is there was a shouting match about the performance and the payment, and none of the kids knew what was about to hit the fn.


1,232 posted on 05/04/2006 6:55:57 AM PDT by js1138
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To: GAgal
Here's a poster at TalkLeft who said they watched the Rita interview and posted what was discussed. I didn't watch the interview so I can't vouch for its accuracy (I was watching Greta interview the AV's aunt. What a waste that was.) I believe the actual transcript should be posted later today.

Posted by inmyhumbleopinion,

May 4, 2006 12:18 AM

Rita Cosby Live and Direct May 3, 2006

(transcribed from video tape by imho)

RITA COSBY: The defense is also saying that you ignored exculpatory evidence particularly in the case of Reade Seligmann a few days after the indictment came down.

NIFONG: What is exculpatory or inculpatory evidence always depends on the context in which the evidence is offered. If somebody, for instance, offers an alibi with respect to one time, that does not necessarily help much with respect to another time. A lot of assumptions are made anytime the defense team offers what they say is exculpatory evidence with respect to what the state's case actually is and right now I don't believe the members of the defense team really understand what the state's case is, or to the extent that they do, they don't want to talk about that.

RITA COSBY: They are saying maybe the wrong guy has been pulled - if he had seen the ATM records, if he had seen the surveillance video, the cab driver, all these things..

NIFONG: I have seen all those - I have seen all that, yes Ma'am

RITA COSBY: Does that change your impression of who has been indicted?

NIFONG: No, Ma'am.

~snip~

RITA COSBY: Do you think this woman will be able to handle it and move forward and actually make it to trial?

NIFONG: I do

RITA COSBY: You think she will be able to testify?

NIFONG: I do

~snip~

NIFONG: May 15th is also the day we are expecting lab reports back on the second round of DNA testing that, obviously, also has the potential to be significant

RITA COSBY: I believe you are someone who, maybe, has something more than the public knows.

NIFONG: Well, one would hope that I would not be proceeding without some evidence and there is a lot more evidence in the hands of the defense attorneys , right now, than most of the public knows about and I expect that soon there will be more such evidence.

RITA COSBY: Is it safe to say, just in general, that you have a lot more than we know about.

NIFONG: I think that is probably pretty safe to say.

http://talkleft.com/new_archives/014724.html

1,233 posted on 05/04/2006 7:08:13 AM PDT by I want to know
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To: darbymcgill
But I noted earlier in the Abrams show reference where Galanter said the BF took her... Did he just pull that out of his behind...??

The police took her to a psych hospital and then took her to the Duke ER.

It's been posted over and over. Do we have proof? No.

But the ONLY person I've heard say the BF took her was Yale and he hasn't repeated that since.

You're beating a dead horse.

1,234 posted on 05/04/2006 7:27:35 AM PDT by Howlin
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To: TexKat
I usually find some good thoughts in the Rabbi's articles.

This was not one of his better, IMHO. Thinking like his, in this regard, weakens and cheapens women.

And he's not quite right about Tom Wolfe's novel: The females on campus collude, aid and abet whatever it is the guys are doing; which then encourages the guys to act like "neanderthals".

The rabbi's article is a one sided defense of women, while not a bad thing -- places females as "less" than men. And that's where my argument comes in.

1,235 posted on 05/04/2006 7:39:45 AM PDT by Alia
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To: ladyjane

IMHO, the DA Nifong is merely "accenting" what's been growing and going on in NC -- just under the surface. I hate seeing NC "California-ized". But the liberal socialist "rubric" is indeed going on here. Nifong just "capitalizes" on it.


1,236 posted on 05/04/2006 7:41:25 AM PDT by Alia
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To: I want to know

Nifong to Rita last night: "If somebody, for instance, offers an alibi with respect to one time, that does not necessarily help with respect to another time."

From MSNBC (quoting recent Time magazine article):
"But prosecutors WILL argue, that photo (12:41 a.m.)actually shows the accuser being dropped off at the party, not leaving it, and was taken well before midnight."
http://msnbc.msn.com/id/12521096/

I look forward to Nifong attempting to explain his timeline with a straight face.


1,237 posted on 05/04/2006 7:41:27 AM PDT by GAgal
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To: Protect the Bill of Rights

Snarky, do we know who it was that helped her into the car?

____

No, I have not heard.


1,238 posted on 05/04/2006 7:44:41 AM PDT by snarkytart
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To: OakOak

The insinuation, from the beginning, in the Media and from the Black "Leaders", has been, Something bad happened in that house and the natural extension of that is AND SOMEONE HAS TO PAY FOR IT.

____

Exactly. Add to that the fact that a racial comment was made...and that's it.
That's all you'll need to convict in this PC liberal atomsophere.
It will not matter if the two men charged were not the ones who said it, the prosecution will say it was an indictaion of a mindset the LAX players have.

However,
I really think some of you are being a little too cynical. I canot image a judge not moving this trial to another city/county.
I bet a COV will happen.


1,239 posted on 05/04/2006 7:56:23 AM PDT by snarkytart
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To: OakOak
NIFONG is still breaking ethics rules.. again yesterday he said that he's confident a rape did occur.

He's hinting to the Media that there's toxicology reports saying she was drugged, now he's saying the was some DNA results the Defense doesn't want anyone to know about.

The Rules say he's not supposed to making public statements on a case.

He has been called on this by several members of the North Carolnia Bar, and, yet, it continues. He did shut up for awhile but we he gets close to the camera, he can't help himself.

When was the last time anyone heard a DA saying the Defense attorneys don't want to face me (like they are afraid of him)? Dan Abrams called Nifong "Pompass" as in Ass.
(Abrams, 5/3/06)
____

Nifong is a pompous ass.


I love how he is hinting there is DNA evidence from the first tests and the defense team is not sharing it because it is somehow incriminating.

These are not dumbass lawyers...they would never make statements at a press conference saying there is no DNA linking the players to Mangum if it were not true. Also, if Nifong has such strong forensic evidence why wasn't an arrest made immediately after the test results came back.
Instead Nifong goes to NCCU , Mangum's school, and says that DNA is not important in a rape conviction.

He is full of it. Nifong had to call the media to ask what was in the pics.
This man wants us to think he has some BIG BOMBSHELL up his sleeve?
Puhlease.
1,240 posted on 05/04/2006 8:06:59 AM PDT by snarkytart
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