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
There's an Elmira M. in Angier, NC. She sometimes uses the name Mae. Don't know if that is the sister or not.
Once again I recomend
"White Guilt : How Blacks and Whites Together Destroyed the Promise of the Civil Rights Era"
by Shelby Steele
showing how "white guilt" in the 1960s froze blacks into the role of "angry victims"; and how the relationship between the races based on these two roles("angry victims" vs. "guilty oppressors"), has proven disastrous for the black community.
The AV's father made the comment about the woman neighbor witness:
COSBY: Do you know if anyone heard or saw anything else beyond these three boys?
UNIDENTIFIED MALE: I had talked to a lady (INAUDIBLE) next door.
COSBY: And what did this woman say she heard?
UNIDENTIFIED MALE: She said she heard screaming, heard somebody crying in the house. And she heard a lot of noise, like something was breaking or somebody was falling over. And I asked her if she talked to anybody, and she said no.
COSBY: Why did she tell you she didn’t call police?
UNIDENTIFIED MALE: She said she didn’t want to get involved in it, said she didn’t want to go to court, she didn’t want to be on TV or nothing (INAUDIBLE) She said she didn’t want to have anything to do with it. And I asked her, I said, What if it had been your daughter? And she turned and walked off.
http://72.14.207.104/search?q=cache:daSAogXp5JwJ:www.msnbc.msn.com/id/12150698/++site:www.msnbc.msn.com+duke+lacrosse+++rita+cosby+father++screaming&hl=en&gl=us&ct=clnk&cd=4&client=firefox-a
Another one in Chapel Hill.
Nifong said he knew more about the case than the lawyers would ever know so it makes sense that there is some connection - possibly between the AV, her family, the DA and his wife.
No, I hadn't heard that one, but it wouldn't surprise me. The Bolsheviks did the same thing after they took ove Mother Russia.
Correction: the Bolsheviks didn't levy a tax; they just decided how much square footage a person or family of a certain number of members needed, and took possession of the excess by moving another family into it.
Abrams show: DA says he has more evidence supporting accuser's claim.
Abrams says MAYBE the DA has a cooperating team member, hair or other DNA evidence which came back inconclusive, additional party photos, photos depicting injuries, medical records, tox reports.
Abrams: When DA says he has a different timeline, the problem with that is that the next door neighbor's timeline is wrong because he said he saw the women walk in at midnight which is confirmed by the photos. Seligmann is on his phone at 12:05 or so.
Abrams show plays soundbite of Nifong:
The short answer is no. You have to understand, obviously the defense attorneys would prefer to try the case against someone less experienced than I am or someone less committed to the case than I am. If I was one of those attorneys, I wouldn't want to try a case against me either.
Abrams says: "I'm hitting my chest."
Yale: I've gone over the search warrant a number of times and the inventory. The only thing he could have that would move the timeline up 15-20 minutes up before midnight is perhaps the dancer's own phone records. The defense wouldn't have access to those yet. The lack of phone calls, if the ywere dancing earlier. That would take away the strength of the Seligmann timeline.
ABrams: But you have to take account when the dancer says she was out at her car, coaxed back inside and then was raped.
Yale: DA might say eyewitnesses make mistakes all the time and maybe it was a 15-20 minute assault that felt like 30 minutes. He may have the cell records of the dancers to back it up and that's all I can think he has.
"....possibly between the AV, her family, the DA and his wife."
Durham Friends of the Durham Guardian Ad Litem Program, Inc. 2nd Floor Judicial Bldg Durham NC
Guardians ad litem try to keep families whole
By VALARIE SCHWARTZ
http://www.chapelhillnews.com/our_town/neighbors/story/2925675p-9372250c.html
Isn't the sister's name Marella B.?
Well then how is it that Kim didn.t hear the screaming???
That's what I thought. There is a Marella B. listed under possible relatives, age 29.
Thanks for the link to the screaming. Unless the neighbor has come forward and told the police what they heard I believe it's just another allegation the father has thrown into the mix.
Because I think the screaming was "yelling at each other" screaming and not "help, I'm being raped" screaming. In other words, Kim did hear it because she was doing a lot of it herself.
I'm glad to finally learn what it was that was said to inspire the cotton shirt remark. I've said all along this issue was a two-way street and I wondered what was said to prompt the comment. It also tends to support the theory that Roberts deliberately started a quarrel with the boys in order to get herself and Mangum out of there early. I read something on one of these threads earlier in which Roberts stated recently that she didn't know if Mangum was trying to hustle her or hold out on her or what - something in relation to going back inside. It gave me the sense that she was projecting what was actually her own plot back onto Mangum.
She was too busy screaming herself? ;)
Here's another question ... how did the father and woman neighbor connect?
Unless he plans on arresting a guy with a moustache, then in my opinion he has nothing.
Abrams was speculating only and admits he doesn't know what the DA has but he and the panel were trying to figure out why the case was even going forward and speculating about things the DA could have.
Maybe, but there may also be a procedural mechanism in NC law that would allow them to seek some sort of factual finding of innocence. A dismissal from the DA isn't enough. They can sue her civilly, but she would probably just not show up, leaving them with nothing but a useless default judgment and no exposure of her lies. What they want is to get her and Roberts both on the stand, and a civil suit isn't a heavy enough hand to compel lowlifes like Mangum and Roberts to show up. The only punishment for not showing up is a contempt of court charge, and given the way both of these women have been coddled by the criminal justice system in Durham in the past, a lightweight offense such as contempt of court isn't going to cost them money or time.
Maybe he has a secret plan to end the war. Oh, wait, that was a different election.
(For you youngsters out there, in 1968 Nixon got elected claiming he had a secret plan to end the Vietnam war.)
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