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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: snarkytart
From ABC's reading of the motion:
"Osborn also filed motions seeking to reduce Seligmann's bond, now set at $400,000, to no more than $40,000; to obtain access to the accuser's cell phone records; and to order the state to save all DNA samples."
So they simply want to preserve the DNA, probably to avoid fraud and/or the possibility of some as yet unnamed person being tested. I suppose the AV's one-on-one's that night are a little nervous right now.
The cell phone records ought to be a hoot as this case continues to roll down the hill for the DA.
141 posted on 05/01/2006 2:47:48 PM PDT by don'tbedenied ( D)
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To: snarkytart
I wonder why they would want to retest the DNA, considering the results were good for them?

Because everyone who has ever had sexual contact with CM will pressure her to drop the case. Who knows what secrets lie under those nails?

As xoxoxox told us, "follow the DNA."

142 posted on 05/01/2006 2:49:44 PM PDT by Publius22
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To: Howlin

I would say it looks like there will be a runoff between Black and Nifong, but I sure hope Black squeaks it out. Maybe after the NBPP appearance, some more whites will come over to Black, and maybe even some conservative blacks who don't want to see this element coming to town. I think Shabazz's announcement that he met with Nifong was detrimental to him, particulalry given the statistically non-existent turn-out for this morning's rally.


143 posted on 05/01/2006 2:50:01 PM PDT by Jezebelle
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To: demkicker
Nifong 38%
Black 39%
Bishop 11%

I love it! I hope Nifong is toast...

____________________

According to the same poll..16% are undecided.

I hope Freda can pull this one out tomorrow. Maybe some people will see the Black Panther stuff and all the bad attention this case has drawn to Durham and associate it with Nifong.
I bet most in Durham, black and white, want this to go away.
Fatigue has set in and most are ready to get on to other things, I bet.
144 posted on 05/01/2006 2:50:39 PM PDT by snarkytart
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To: za_claws

i just googled her--she DOES look like a catfish!


145 posted on 05/01/2006 2:54:51 PM PDT by drhogan
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Lawyer Rips D.A. Over Duke Lacrosse Case

Defense Attorney Says District Attorney Is Using Duke Lacrosse Case for Political Advantage

A member of the New Black Panther Party stands outside 610 North Buchanan Boulevard Monday, May 1, 2006, in Durham, N.C. Malik Z. Shabazz, National Chairman of the New Black Panther Party and a small group from the New Black Panther Party gathered for a news conference to discuss the rape allegations against members of the Duke lacrosse team. The group gathered at the house where the woman says the rape occurred. (AP Photo/Gerry Broome)

DURHAM, N.C. May 1, 2006 (AP)— An attorney representing one of two Duke University lacrosse players accused of rape demanded the district attorney's removal from the case Monday and accused him of using it to help his election prospects.

District Attorney Mike Nifong faces a primary election Tuesday that could decide whether he remains in office.

"They don't want to go up against me," Nifong said when asked outside court Monday about the defense request for his removal. He has denied any political motivation behind his aggressive investigation.

More

146 posted on 05/01/2006 2:55:23 PM PDT by TexKat
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To: Howlin; ga girl; Carolinamom; TexKat; Alia; All

Updated: May 1, 2006, 4:21 PM ET

Voters to weigh in on Duke lacrosse case

By Bomani Jones
Special to ESPN.com



http://sports.espn.go.com/espn/news/story?id=2428556


147 posted on 05/01/2006 2:56:00 PM PDT by maggief (and the dessert cart rolls on ...)
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To: snarkytart
I think you are right. Even racist morons can't believe Nifong. He's lost all credibility and if he loses it will be a glorious day for justice!
148 posted on 05/01/2006 2:56:48 PM PDT by demkicker (democrats and terrorists are familiar bedfellows)
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To: ga girl; GAgal

Oops, again. Sorry

Ping to GAgal.


149 posted on 05/01/2006 2:57:34 PM PDT by maggief (and the dessert cart rolls on ...)
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To: Krodg
Does that mean the defense has seen the new results and are questioning them?

No--I think they want to test to see what race the DNA is that doesn't belong to her. Remember, rumor had it she was at a Black Frat House prior to Buchanan St?

I'm confused as to why the defense wants Nifong to lose. The guy's as incompetent as they come. "They're afraid of me??" LOL He's worse than Shabazz

150 posted on 05/01/2006 2:59:39 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Jezebelle

All she needs is 40% plus one vote.

Come on, Freda!


151 posted on 05/01/2006 2:59:50 PM PDT by Howlin
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To: Jezebelle

BTW, there is 12 percent undecided.


152 posted on 05/01/2006 3:00:12 PM PDT by Howlin
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To: Howlin

I am a nonviolent person, but Nifong is causing me to sin in my heart.

I bet even the Dalai Lama would have a hard time refraining from punching this waste of humanity.


153 posted on 05/01/2006 3:01:19 PM PDT by stands2reason ("Patriotism is the highest form of dissent." - Mark Steyn)
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To: TexKat


AP - Mon May 1, 3:53 PM ET Malik Z. Shabazz, National Chairman of the New Black Panther Party, upper right, speaks outside 610 North Buchanan Boulevard Monday, May 1, 2006 in Durham, N.C. Malik and a small group from the New Black Panther Party gathered for a news conference to discuss the rape allegations against members of the Duke lacrosse team. The group gathered at the house where the woman says the rape occurred. (AP Photo/Gerry Broome)



Malik Z. Shabazz, National Chairman of the New Black Panther Party, third from left, holds hands with a group outside 610 North Buchanan Boulevard Monday, May 1, 2006 in Durham, N.C. Malik and a small group from the New Black Panther Party gathered for a news conference to discuss the rape allegations against members of the Duke lacrosse team. This is the house where the woman says the rape occurred. (AP Photo/Gerry Broome)



Malik Z. Shabazz, National Chairman of the New Black Panther Party, speaks outside the main entrance to Duke University Monday, May 1, 2006 in Durham, N.C. Malik and a small group from the New Black Panther Party gathered for a news conference to discuss the incident involving members of the Duke lacrosse team. (AP Photo/Gerry Broome)

154 posted on 05/01/2006 3:03:19 PM PDT by maggief (and the dessert cart rolls on ...)
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To: Howlin

Oh okay it's 12% undecided.
I thought it was 16%.
I stand corrected.


155 posted on 05/01/2006 3:04:46 PM PDT by snarkytart
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To: snarkytart

Is this an interent poll?


156 posted on 05/01/2006 3:05:28 PM PDT by Raebie
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To: Raebie

If I can remember correctly, according to the link, it was a SurveyUSA poll of 495 likely voters.


157 posted on 05/01/2006 3:06:36 PM PDT by snarkytart
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New Black Panthers rally at Duke gates

5/1/2006 5:14 PM By: Tim Boyum & Web Staff

(DUKE UNIVERSITY) - Duke police prevented a black nationalist group from protesting on the university's campus Monday morning. The New Black Panthers are in town to protest the Duke lacrosse players charged with raping a black N.C. Central student. They are demanding a trial and a conviction.

“What do we want? Justice! And when do we want it? Now!”

That was just one of the chants the New Black Panthers shouted Monday. They arrived by police escort outside the Duke gates, but they also had their own security, some wearing combat boots and others with knives on their hips.

Members made their way to the gates and spoke to about 50 reporters from around the country.

“We're here today because a human life has been violated in the city of Durham, and we’re here seeking justice,” said Dr. Bruce Bridges, a member of the New Black Panthers party.

“Black power, black power!” chants echoed throughout the crowd as members explained their cause.

Durham school board member Jackie Wagstaff took part in the protest. “We will defend our black women. (The) New Black Panther party and black men is not going to stand by, idly by, and let our black women be raped,” said Nigi Muhammed. “You say we are playing the race card. No we're not playing the race card. You with all the cameras, your forefathers been playing race cards for the past 450 years.”

Some local officials also took part.

“I am here with these brothers because it appears Durham does not want to see the truth,” said Durham school board member Jackie Wagstaff.

The New Black Panthers are convinced members of the Duke lacrosse team raped the N.C. Central student and want a conviction.

“We don't care whether our sister was stripping or not. We say that that was only a temporary condition of circumstance. But to us she is a righteous and divine woman by nature,” said party member Malik Zulu Shabazz.

Campus police turned the protestors away before they could go on campus. Shabazz added that he believes Duke has played a role in allowing this scandal to happen:

“For the record, the history of Duke University is riddled in slavery, racist oppression and racism against black people.”

Moments later the protesters tried to walk onto Duke's campus, but campus police stopped them.

“Are you telling me that the president of Duke University is denying the African-American community from coming on this campus?” one protestor asked.

Campus police said the president would not allow the protest to take place on campus because this week is exam week.

When the marchers were turned away from Duke’s gates, they decided to take things into their hands and walk down the streets of Durham straight to the lacrosse house.

The New Black Panthers want the city to turn the lacrosse house into a rape crisis center, and they want to make sure the trial remains in Durham.

The New Black Panthers offered the woman accusing the lacrosse players personal security, but the family has denied that request and says they did not ask the Panthers to come to Durham.

Members of the New Black Panther Party march along University Road near Duke University Monday, May 1, 2006 in Durham, N.C. Malik Z. Shabazz, National Chairman of the New Black Panther Party and a small group gathered for a news conference to discuss the rape allegations against members of the Duke lacrosse team. (AP Photo/Gerry Broome)

Malik Z. Shabazz, National Chairman of the New Black Panther Party, third from left, holds hands with a group outside 610 North Buchanan Boulevard Monday, May 1, 2006 in Durham, N.C. Malik and a small group from the New Black Panther Party gathered for a news conference to discuss the rape allegations against members of the Duke lacrosse team. This is the house where the woman says the rape occurred. (AP Photo/Gerry Broome)

Malik Z. Shabazz, National Chairman of the New Black Panther Party, speaks outside the main entrance to Duke University Monday, May 1, 2006 in Durham, N.C. Malik and a small group from the New Black Panther Party gathered for a news conference to discuss the incident involving members of the Duke lacrosse team. (AP Photo/Gerry Broome)

Malik Z. Shabazz, center facing out, National Chairman of the New Black Panther Party, is turned away by Duke University police as he and others try to enter campus at Duke University Monday, May 1, 2006 in Durham, N.C. Malik and a small group from the New Black Panther Party gathered for a news conference to discuss the incident involving members of the Duke lacrosse team. (AP Photo/Gerry Broome)

Malik Z. Shabazz, National Chairman of the New Black Panther Party, upper right, speaks outside 610 North Buchanan Boulevard Monday, May 1, 2006 in Durham, N.C. Malik and a small group from the New Black Panther Party gathered for a news conference to discuss the rape allegations against members of the Duke lacrosse team. The group gathered at the house where the woman says the rape occurred. (AP Photo/Gerry Broome)

158 posted on 05/01/2006 3:10:33 PM PDT by TexKat
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To: TexKat

From the accounts I've read there was no "discussion."


159 posted on 05/01/2006 3:14:20 PM PDT by Carolinamom
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To: maggief
Link to WRAL Videos - Attorney Wants Durham DA Off Duke Lacrosse Case and Members of New Black Panthers March Near Duke
160 posted on 05/01/2006 3:15:49 PM PDT by TexKat
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