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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: cherry
If they were out of college, I'd refer to them as young men. But they are in college, ergo, I refer to them as boys.

We'll just have to disagree on this, Cherry.

1,381 posted on 05/04/2006 5:11:27 PM PDT by Alia
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To: maggief

Here's another question ... how did the father and woman neighbor connect?
_______________________________________________________

When I read the statement, I immediately thought this "woman" was a figment of dad's imagination. As you say, how did he get hooked up with her? Maybe the DA shared this information with the woman or her family, but I doubt it.


1,382 posted on 05/04/2006 5:13:25 PM PDT by JLS
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To: GAgal; TexKat

Here are a few quotes from city council members behind Nifong. (No bias here. /sarc.)


http://www.newsobserver.com/1185/story/427038.html

"It's this preppy arrogance that they will never be held accountable for what they've done -- that their daddies will get them out of it," said Eugene Brown, a Durham city councilman who lives on Buchanan Boulevard, a block from the rental house.

"What do you do when you walk out and some guy is urinating on your house and you ask him to stop and he refuses?" Brown said. "We've been living with this for years, and the lacrosse players were the worst."


http://www.news14charlotte.com/content/top_stories/default.asp?ArID=117330

"There's a definitely a feeling in the Duke community that N.C. Central is the lesser institution, and I've heard Duke students make that statement," said Howard Clement, a Durham councilman for 23 years. "I don't think that's something we should ignore."


http://sports.espn.go.com/ncaa/news/story?id=2401203

"I'm repelled and repulsed by those trying to equate her with Tawana Brawley of decades ago," said city council member Howard Clement III, referring to the 15-year-old black girl whose 1987 claims of being kidnapped and raped by police proved to be false. "That's awful. And, that just compounds the evil of this whole process."


http://www.newsobserver.com/1185/story/428867.html

CLEMENT'S TWO CENTS: When asked whether he had heard Sharpton was coming, longtime Durham City Council member Howard Clement remembered that it would not be the first time the reverend had waded into a case of rape allegations.

Sharpton's credibility was severely hurt after a 1987 incident in upstate New York where he backed a black teenager, Tawana Brawley, who claimed to have been abducted and raped by six white police officers. The allegations turned out to be false, and Sharpton was sued.

"People told me he was coming, and I asked, 'What for?' I don't know what he'll do that will be positive," said Clement, an established civil rights crusader. "He's too connected to Tawana Brawley. In my opinion, we're well on the way to handling this on our own."


http://abclocal.go.com/wtvd/story?section=triangle&id=4059794

City council members also wondered about the amount of time it has taken to collect and process DNA samples of 46 players. Baker says investigators are waiting on the state to complete its analysis of the DNA.

City Councilman Howard Clement worried that there will not be a match.

"I'm convinced there were more than lacrosse players in that room," he said.

Baker also said that Durham County court officials unsealed warrants that unveiled a lacrosse player's startling e-mail vow to kill and skin strippers in his Duke University dorm room.

"Just for clarification, it was not the Durham P.D. which released the contents of that search warrant," Baker said.


http://www.nbc17.com/news/8515905/detail.html

The lack of answers from Baker frustrated Durham City Councilman Howard Clement, who did most of the questioning during the briefing.

"What I don't want to have happen is whitewash of this situation," Clement said. "That would be a sad day for justice."

Councilman Eugene Brown, who lives in the same neighborhood as the house where the party was held, called the house "a ticking time bomb" in recent years for the rowdy behavior that went on there.


Reference:

http://www.ci.durham.nc.us/council/


1,383 posted on 05/04/2006 5:21:08 PM PDT by maggief (and the dessert cart rolls on ...)
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To: JLS

Read #1383 ... there seems to be some support amongst DA, city officials and Trinity Park association and residents.


1,384 posted on 05/04/2006 5:25:47 PM PDT by maggief (and the dessert cart rolls on ...)
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To: Neverforget01
I thought the inconclusive DNA (hence the need for more testing) came from the bathroom Press-on nails? Maybe I have that wrong.

I just don't know. This case with a primary in the middle of it has been tough to keep the reports straight. If it is from the fake nails, then it will hardly be conclusive except when it excludes the team members.

I'd love to know the relationship Nifong has with the SBI lab. How did he get them to claim the tests were too complex for them to do? How difficult is DNA testing? I wonder if the defense can retest the DNA to determine the race of the person.

I suspect it goes like this. The DNA evidence comes back from the state lab inconclusive. Nifong asks or someone pushing the case tells him that there are more sophisticated but also more expensive tests that can be done.

As I have suggested previously, these more sophisticated tests are likely to exclude the accused than anything else.

1,385 posted on 05/04/2006 5:27:00 PM PDT by JLS
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To: maggief

Those statements from the "city fathers" illustrate precisely why a fair trial is impossible in Durham.


1,386 posted on 05/04/2006 5:29:50 PM PDT by GAgal
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To: TexKat

Pic here:

http://www.unc.edu/provost/contacts.html


1,387 posted on 05/04/2006 5:41:37 PM PDT by maggief (and the dessert cart rolls on ...)
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To: maggief; All
I have a question....

I keep seeing posts referring to Finnerty being at a restaurant during the so called rape.

I must have missed the original info on this.

Can someone tell me where it came from?

1,388 posted on 05/04/2006 5:58:38 PM PDT by Repub4bush (Congratulations Tony!!!!!!!!!!!!!!!)
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To: maggief

Tks, I saw it about a week or so ago. Also graduated from same highschool as the complaining witness. And if I read correctlly attended same college as the DA.


1,389 posted on 05/04/2006 5:59:14 PM PDT by TexKat
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To: maggief

There's a definitely a feeling in the Duke community that N.C. Central is the lesser institution, and I've heard Duke students make that statement," said Howard Clement, a Durham councilman for 23 years. "I don't think that's something we should ignore."
______________________________________________________

Actually there seems to be delusion among the Durmites. NCCU is a lessor institution. Does this moron not know that?

This has been one of the Walter Williams/Thomas Sowell themes, African-American advanced degree data is not as associated with income advances because a high percentage of such advanced degrees are in areas that are less academically challenging and less likely to lead to the highest incomes. Similarly, people who have "educations" from the likes of NCCU do not have the same education level ON AVERAGE that people from the average state university. But unfortunately some people think all they should have to do is get the easiest possible college degree and then they are on a par with everyone else.


1,390 posted on 05/04/2006 6:03:59 PM PDT by JLS
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To: Repub4bush

It's been reported from "defense" and "attorney sources." I don't recall reading a named source.


1,391 posted on 05/04/2006 6:08:45 PM PDT by maggief (and the dessert cart rolls on ...)
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To: cherry

Mangum and Roberts are nearly a full decade older than the lax players. Can we agree that they are old enough to know better than to go to a private house and take their clothes off in front of men or boys?


1,392 posted on 05/04/2006 6:12:09 PM PDT by Locomotive Breath (In the shuffling madness)
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To: maggief
Thanks! I just hadn't seen it. i had seen people mentioning it here, but not on TV
1,393 posted on 05/04/2006 6:15:16 PM PDT by Repub4bush (Congratulations Tony!!!!!!!!!!!!!!!)
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To: JLS

In other words, they have mistaken a college degree for a college education.


1,394 posted on 05/04/2006 6:17:06 PM PDT by Locomotive Breath (In the shuffling madness)
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To: maggief

Bio here:

http://www.buffalo.edu/uncrownedqueens/files_2002/mangum_elmira.htm


1,395 posted on 05/04/2006 6:17:46 PM PDT by Protect the Bill of Rights
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To: Alia

Well I meant no walks home through the scary parts of town, no changing tires, no heavy lifting, no giving anyone rides, etc. Just let the women realize how helpless they are in so many situations.

I was thinking that the guys could work off their excess energies by playing lax. I doubt that's going to turn them gay or metro sexual.


1,396 posted on 05/04/2006 6:23:24 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Repub4bush; maggief
I keep seeing posts referring to Finnerty being at a restaurant during the so called rape.

Can someone tell me where it came from?

Baker: Wake's plan may help Duke

Durham Herald Sun, NC - Apr 19, 2006

... Attorney sources said that Finnerty contends he has an alibi -- that he was at a Mexican restaurant-bar near Ninth Street when the alleged rape occurred. ...

Duke suspends accused lacrosse players, source says

The defense will present evidence that a cab driver took one of the students to an ATM, where his photo was captured on a security camera, and that the other lacrosse player was at a restaurant, the sources said.

1,397 posted on 05/04/2006 6:23:39 PM PDT by TexKat
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To: TexKat
Thanks Tex!

FYI Megan and the catfish are on Hannity now

1,398 posted on 05/04/2006 6:24:53 PM PDT by Repub4bush (Congratulations Tony!!!!!!!!!!!!!!!)
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To: maggief
"There's a definitely a feeling in the Duke community that N.C. Central is the lesser institution, and I've heard Duke students make that statement," said Howard Clement, a Durham councilman for 23 years. "I don't think that's something we should ignore."

I don't think it should be ignored either. I think NCCU should quit whining, hitch up their socks, and see if they can achieve the same standard as Duke.
1,399 posted on 05/04/2006 6:25:43 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

Has Duke ever lost an accredidation? (Rhetorical question only)


1,400 posted on 05/04/2006 6:27:26 PM PDT by Protect the Bill of Rights
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