Duke Rape Case Defense: Throw Out DA Nifong and Photo ID

ABC ^ | May 1, 2006 | CHRIS CUOMO, ERIC AVRAM, and LARA SETRAKIAN

[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

[Ken H]

If I am not mistaken, he said this to Mangum BEFORE the election. If that's the case, I say he was keeping her from dropping out before the election and making him look bad.

You could be right. It wasn't clear whether Megyn was refering to the pre-election conversation, or if the DA told CGM's family this today.

I do not trust the man.

Nor do I. He reminded me of Bill Clinton from the first time I saw him. He even had a Sister Solja moment when he reprimanded an audience member at the town hall meeting.

[snarkytart]

I do not think there would be one of the player's pubic hair on her unmentionable place, as you say.
Unless I have been completely snookered, which I doubt, nobody at that house had any sexual contact with this woman.
Besides hair should have been tested the first time around and wouldn't have been inconclusive.

I read on the website below about inconclusive DNA.

http://www.ojp.usdoj.gov/ovc/publications/bulletins/dna_4_2001/dna8_4_01.html

**Inconclusive Results

Inconclusive results indicate that DNA testing did not produce information that would allow an individual to be either included or excluded as the source of the biological evidence. Inconclusive results can occur for many reasons.

For example, even with sensitive PCR testing, the quality or quantity of DNA obtained from the biological evidence may be insufficient to produce definitive DNA typing results. Inconclusive results also can occur if the evidentiary sample contains a mixture of DNA from several individuals (for example, a sample taken from a victim of a gang rape). Even if the suspect's DNA profile is found in the biological evidence, the presence of DNA from other sources may prohibit the establishment of an inclusive or exclusive result. If there is more than one perpetrator or if in a sexual assault case the victim recently had consensual intercourse in which semen also may have been deposited in the victim's vaginal region, the results could contain profiles from more than one person. When this happens, it is often not possible to determine which specific types came from which donor. The suspect cannot be excluded as a possible donor of the DNA found in the evidence sample, but a more conclusive result may not be possible. These cases must be reported as inconclusive. As with all DNA results, inconclusive findings should be interpreted in the context of the other evidence in a case.

[snarkytart]

Nor do I. He reminded me of Bill Clinton from the first time I saw him. He even had a Sister Solja moment when he reprimanded an audience member at the town hall meeting.

___

Yes he has that snake oil salesman thing that Bill Clinton had, except Nifong doesn't have the charm to cover it up as well.

[Neverforget01]

This one fool doesn't have anything to do with the image of this state, anymore than.......well, I'd say somebody from your state

Heck, I'm from NJ. I've lost count on how many "Joiseyans" have spoiled the image of my state. From McGreevey to Lautenberg...I get a headache thinking about them ;-)

[ladyjane]

This one fool of a DA has projected a very bad image and it has - by association - affected the image of North Carolina.

Most people in this country have never been to NC and only know what they read in the papers. They might have a relative who was caught speeding down I-95 in GA but other than that and the newspapers they have no idea.

I talk with friends and acquaintances in New England on a daily basis. They have some strange ideas about the South and race relations. This DA and the current situation hasn't helped.

Maybe it's good. Maybe they will all stay up north and keep all their liberal ideas up there.

[snarkytart]

I think it looks bad for Durham, not North Carolina in general.

PS.
Howlin, since you are local are you hearing anything about what Megan reported on Hannity tonight?
Nifong supposedly told Mangum that good news was on the way with the new DNA test.

I would love to know specifics, like which family member is telling this to Megan, and when did Nifong say this to Mangum.

thnks

[I want to know]

Snarkytart did you ever visit the CourtTV message board? I thought several of us here had but wasn't sure if you were one of them. I lurk occasionally but no longer post because it was very difficult to have a civil exchange of ideas no matter what side you were on.

I was over there reading and there is a thread on "how does DNA not tell the whole story." One poster, Forensic DNA, who says they work in a forensic lab, seems to have quite a bit of information concerning the collection and testing of DNA. They seem to be on the up and up, however, since almost all things science are foreign to me, I can't really verify that what they are saying is factual. But it is rather interesting.

[snarkytart]

Yes, I occasionally post there, as Snarkytart.

I do not recall reading that thread.

I am concerned about Nifong's cocky attitude lately, and his statements intimating he has "good" DNA results.

I do not trust this man.

Also, the dna report was suppose to be back two weeks ago, and all of a sudden it is due back on May 15th, the same day as the next court hearing!
How convenient.

[ladyjane]

Remember the New Yorker cartoon with a picture of NYC, then the Hudson River, NJ, the Rockies and California?

A lot of people in New England have a similar vague idea of what lies south of Washington, DC and before you get to Florida.

I don't think NC in general will suffer much. People have a short memory. Durham, on the other hand, won't be so lucky. They'll have a hard time bringing business in. IMO

[Ken H]

One poster, Forensic DNA, who says they work in a forensic lab, seems to have quite a bit of information concerning the collection and testing of DNA.

Did he have any comments on the second DNA test?

[JLS]

Here is a link to the thread you mentioned:

http://boards.courttv.com/showthread.php?s=a70f479b9ff9c0b034014e83c33ce459&threadid=263254

I read a few posts. What FDNA says makes sense to me, but I have no way to know if it is correct.

[JLS]

Did he have any comments on the second DNA test?
____________________________________

I just ssid what little I have read of him so far makes sense to me, but I might have to ammend that. He say the second test is one that separates out male DNA, ie XY, from female DNA, XX. The poster says the test separates out the male DNA quite easily?

I guess that could be. But a damaged bit of female DNA could appear to be an XY. [This is why some radical feminists claim being male is a birth defect.] So I would think a test could more easily pull out all of the female DNA, ie XX.

[cherry]

yes, we can.....I condone "exotic dancing" and I go so far as to condemn the likes of places like "hooters" that claim to be family oriented .......

don't get me started on what I think of the character of the people involved....

[cherry]

there is a possibility that one or more players are guilty......but how can hair prove that?......hair is ultimately transferable more than anything else I can think of, and if you have a naked woman rolling around the floor or BR, she's going to get somebodies hair on her.....

I can not see a trial much less a conviction for someone with a "tainted" reputation doing irreputable deeds when you don't have eyewitnesses, or sperm DNA inside her, or a history of such attacks from any of these young men, etc etc....

IIRC, at first she mentioned three differant players, and the pics of the young men were plastered everywhere so sure, she is going to pick out some likely canidates, funny that at least the two we know about come from the richest families....

[snarkytart]

I would bet anything that nobody touched Mangum at that party, let alone the two indicted.

Nifong can yammer all he wants about nobody not knowing his time line.
However, if the time on the 12:04am photo of both women dancing can be backed up by a forensic expert, how can he say a rape occurred before that? What she was raped and still danced! Even scheming Kim admits the accuser arrived a little before midnight.

[Jezebelle]

Perhaps Black's success in that very high-profile case was more than his tenuous grasp on office could handle, in his perception. He didn't want her rising star outshining his.

[Jezebelle]

All true, but some have been in trouble for underage drinking, so they're not exactly considered adults, either. I usually refer to them as "the guys" or "the players", and occasionally "the boys", because even fully grown men are sometimes referred to familiarly as "boys", just as grown women are sometimes referred to familiarly as "the girls". "I'm going to lunch with the girls", meaning my friends. "My husband went fishing with the boys", meaning he went with his friends. I don't think it's all that important. Besides, at their ages, they LOOK like boys, lol!

[Jezebelle]

I share your suspicion about Nifong's reason for getting rid of Black - couldn't stand the competition.

I wish somebody would run against him, too. They have until June-something to collect signatures and file.

[Jezebelle]

WHOSE phones were confiscated WHAT night?

[Jezebelle]

If Nifong hadn't been elected, I would be more hopeful of that happening. Of course, if venue changes, it could possibly happen.

I doubt if any of the local attorneys would undertake an ethics charge against him because if it fails, they would have hell to pay.

The quarter from which the strongest possibility of bringing authoritarian powers to bear on him would be Bill Bennett, who is handling the political and PR aspects of the matter, in my opinion.