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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: Peach

One point Dan made that I've wondered about too is how confident Nifong appears in his words and body language. He seems to be enjoying himself. What would explain that?


1,301 posted on 05/04/2006 2:04:41 PM PDT by GAgal
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To: GAgal

Power mad? Ego? Stupid. I don't know.


1,302 posted on 05/04/2006 2:06:56 PM PDT by Peach
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To: darbymcgill

Who said the photo has been photoshopped? Or are you making that claim yourself? Are you saying it's been photoshopped to REMOVE the appearance of injuries? Do you remember where you saw it posted?


1,303 posted on 05/04/2006 2:12:16 PM PDT by Jezebelle
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To: GAgal
One point Dan made that I've wondered about too is how confident Nifong appears in his words and body language. He seems to be enjoying himself. What would explain that?

I remember reading in the Newsweek article that Kim's lawyer - Nifong's good buddy - adviced Nifong that women dig power and that he should dress accordingly. He's on a power trip now and loving every minute of it. Obviously the citizens of Durham aren't going to hold him responsible for his reckless behavior, so why not?

1,304 posted on 05/04/2006 2:13:54 PM PDT by Publius22
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To: snarkytart

Nope. In fact, if they had any in the first place, they would not be liberals. "Liberals" (or lefties as I call them, which I believe to be the more accurate term) and "integrity" is an oxymoron.


1,305 posted on 05/04/2006 2:15:11 PM PDT by Jezebelle
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To: Publius22

I agree. Is he confident the case will never go to trial so he can say whatever he pleases with impunity? If there is no trial, his evidence won't be shown to be the joke it likely is. That seems so unfair.


1,306 posted on 05/04/2006 2:18:26 PM PDT by GAgal
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To: Protect the Bill of Rights

Thanks for posting that. I've always thought Nifong was a nobody who was using this case to finally get a bigger bite at the apple.

But what I'm curious about is who Mangum was with and where she was prior to the dance appointment? Who are these people? Where are these people? Have the defense attorneys been able to interview and take their statements yet? Does this explain why Nifong is trying to imply a date-rape drug was given to Mangum by the players - because there's already an eye witness explanation for the condition she arrived in?


1,307 posted on 05/04/2006 2:21:28 PM PDT by Jezebelle
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To: GAgal

That's the part I don't get. Can't Nifong be held accountable for not giving the accused even an interview before indictments? I know he's hanging his hat on "new" DNA results on May 15. But again, shouldn't he have held off until then for indictments? I know he had an election to win, but he's a DA on a wild goose chase. Shouldn't there be some recourse for the falsely accused when there's is negligence on the part of the DA to do even a minimal investigation?


1,308 posted on 05/04/2006 2:28:55 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: GAgal

I have wondered if part of the reason the defense is making public so much evidence is that: if this never goes to trial (which it shouldn't, imo), this is their only chance to "prove" their clients are not guilty. Another possibility, particularly with regard to the AV's prior history, is so that it is out there for the jury pool to see and hear, because it may not be allowed in court.


1,309 posted on 05/04/2006 2:30:05 PM PDT by Dukie07
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To: Peach
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."
____

Please do not tell me Nifong actually said this?

Nifong is bluffing about all his hidden evidence, because he thinks if he talks big enough one of the guys will fold before trial and confess, or another one will come forward and snitch. Problem is, they did not do anything, and he is too blind or stupid to see it.

Trust me, any DA who had real strong evidence would not have setup that photo lineup the way he did.
That was an unusual breaking of standard procedure, because Nifong NEEDED Mangum to finger somebody so he could get his promised indictment before the election.
That is not the act of a man with a lot of evidence or confidence.

DA is required to hand over all evidence to the defense at this stage of the game anyway.

This man is full of himself because he thinks, "Hey I totally effed up this entire case and was still elected, I am invincible."

He now knows people are not going to hold him responsible for anything he does wrong. They sure didn't at the ballet box.
1,310 posted on 05/04/2006 2:30:35 PM PDT by snarkytart
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To: Alia

You limp-dick white boys, you're not real men. You had to pay for us."
_______________________________________

Does this statement fo Roberts make her a defense witness that the lacrosse players could not have done what Mangum said? :-)


1,311 posted on 05/04/2006 2:32:09 PM PDT by JLS
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To: Publius22

Unless he plans on arresting a guy with a moustache, then in my opinion he has nothing.
____

THANK YOU!

As I jsut posted, that photoline script I read says VOLUMES about this case and Nofong's so called evidence he is suggesting he has.


1,312 posted on 05/04/2006 2:32:33 PM PDT by snarkytart
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To: Jezebelle
He can imply date rape drug, but it still doesn't explain Seligmann being gone no later than 12:18 (for the 12:19 cab pick up a block away). He'd have to prove who gave it to her...

Based on the documents of how the line up was done Nifong's ID is so gone.

Based on her 100 percent selection, once one ID is proven wrong, Nifong can screw around with the timeline all he likes. Can't be being raped and dancing at 12:03.

1,313 posted on 05/04/2006 2:34:04 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: JLS
lol!! Glory, I needed that chuckle.

Maybe... as Nifong might suggest in "defense of Kim's insult" -- and therein lies the story of Crystal's missing shoe: Kim used it in self-defense!

1,314 posted on 05/04/2006 2:34:28 PM PDT by Alia
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To: GAgal
One point Dan made that I've wondered about too is how confident Nifong appears in his words and body language. He seems to be enjoying himself. What would explain that?

___

He's a dope..his battle was to get elected, he sees THAT as the victory..not necessarily this case.
1,315 posted on 05/04/2006 2:35:15 PM PDT by snarkytart
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To: Dukie07

Your theory makes sense.


1,316 posted on 05/04/2006 2:35:17 PM PDT by GAgal
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To: snarkytart

Abrams played a clip of Nifong saying yet again that the defense attorneys were afraid to face him in court. Dan responded with a Tarzan-like beating of his chest. Thankfully, we were spared the trademark yodel.


1,317 posted on 05/04/2006 2:38:19 PM PDT by GAgal
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To: GAgal
Nifong saying yet again that the defense attorneys were afraid to face him in court.

What repectable DA responds that way? It sounds like third grade playground taunts.

1,318 posted on 05/04/2006 2:40:17 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: Protect the Bill of Rights

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

I composed a post last night on this but deleted it. I would like to know:

1. Is the DNA material that would come from sexual interaction.

2. Would anyone be the least surprised if you helped a drunk out of their mind stripper to the car that she inavertantly scratched you?

3. Would anyone be the least surprised if you helped a drunk out of their mind stripper with a history of making false claims to the cops that she scratched you on purpose?

Not to mention as you said, hair and fibers that could come from helping someone out. And to believe you can read some comments criticizing the players for not immediately helping her up after she fell?


1,319 posted on 05/04/2006 2:40:22 PM PDT by JLS
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To: Neverforget01

Yep. A perfect storm. When one considers all the events, it's freakish how everything aligned against these guys, starting with their own misbegotten plan to hire strippers, then not having the street smarts to know not to even let them in the door once they saw both women were black, then likely falling for Roberts' attempt to start a quarrel with a bunch of young white guys she perceived as chumps (my theory) so they could get out early (my theory) so that she could rob Mangum (my theory), Mangum's existing record and no desire to go back to jail or the drug rehab or nut ward or possibly have her kids taken away so she makes up the rape charge, then along comes Nifong, the flunky schmuck aspiring to higher office lo these many boring, paper-pushing years, who seizes on the case to further his ambition, drop the whole thing into a city that has a predominantly black, obscure university attended by militant, black ne'er-do-wells with an axe to grind against whitey, make sure there's an election coming up shortly in which the schmuck seeking top office can finally grab the ring from the bull's nose, all of which presents an opportunity for the bottom tier group of America's race merchants, who look like rejects from the 60's, to march into the picture, add a couple of local race-baiting religious leaders and the usual left-wing media, and you get a tarring, feathering, and lynching of the hapless youths in epic proportions.

It's just uncanny. The whole thing is just uncanny.


1,320 posted on 05/04/2006 2:42:05 PM PDT by Jezebelle
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