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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

Yeah, all those traffic cases have the defense running scared.

I wonder if these attorneys representing Reade and Collin are top tier. Anybody know? I'm starting to have some doubts about them.


1,541 posted on 05/05/2006 2:47:19 PM PDT by Jezebelle
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To: Jezebelle

Nothing about the case so far. The subjects have been Patrick "Son of the Hiccup" Kennedy's latest drunken and drugged fiasco, the Susan Polk case, and now the sexual predator internet sting operation.

I'll be sure to let you know if anything is said about this case.
____

Okay thanks for the update.


1,542 posted on 05/05/2006 2:51:01 PM PDT by snarkytart
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To: Jezebelle

Yeah, all those traffic cases have the defense running scared.

I wonder if these attorneys representing Reade and Collin are top tier. Anybody know? I'm starting to have some doubts about them.
_____

I do not know the attorneys for the two indicted.

Maybe someone can fill us in on their reputations.


1,543 posted on 05/05/2006 2:54:10 PM PDT by snarkytart
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To: snarkytart

Howlin will probably know.

Yoo-hoo, Howlin.....!! If you see this would you give us your take on the quality of defense counsel for Reade and Collin??? Thanks!


1,544 posted on 05/05/2006 3:10:30 PM PDT by Jezebelle
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To: CondorFlight
If you do get bit, smother the bite with MSM powder.

I've read that one of the most effective treatments for the bite of a brown recluse is electrical shocks at the site of the wound.
Electric Shock Treatment For Spider Bites

1,545 posted on 05/05/2006 3:24:42 PM PDT by Bloody Sam Roberts (I can't complain...but sometimes I still do.)
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To: snarkytart

Husband getting ready to change channel, I have to order the Pizza. He's not into BREAKING NEWS!

Shep said breaking news in Duke case as a teaser...
If anyone can watch-heads up!


1,546 posted on 05/05/2006 4:07:51 PM PDT by Protect the Bill of Rights
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To: Protect the Bill of Rights

They are talking about the other rape case that was reported on the last day of class. Now they are comparing Nifong's statements throughout the case.


1,547 posted on 05/05/2006 4:16:33 PM PDT by LWalk18
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To: LWalk18

Thanks-my husband is watching some stupid travel show about Tawain-just waiting for the Braves to start.


1,548 posted on 05/05/2006 4:19:20 PM PDT by Protect the Bill of Rights
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To: LWalk18

Now they are comparing Nifong's statements throughout the case.
____

Are they making him look stupid?


1,549 posted on 05/05/2006 4:35:40 PM PDT by snarkytart
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To: Jezebelle

I think you're exactly right. The players have said that Bissey had reported them many times (maybe sometimes anonysmously). Bissey has major Hissey fit over the players.

When he changes his story (or he already has) it will hurt his credibility. He's already like one of the Hatfields testifying against the McCoys.

Of course, it will also be pointed out by experts at trial that initial accounts are most accurate for numerous reasons.


1,550 posted on 05/05/2006 8:12:52 PM PDT by OakOak
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To: Jezebelle

I've always been mystified about this point. Bissey says he saw them drive up and get out of the car together.


If we use every thing else Kim Roberts said that night as a gauge - she's lying when she says they arrived separately.

Roberts lied and lied and even lied when she was working with the police. The Police spokesman (Michael, I think) had to reverse himself because he assured reporters the woman at Kroger (heard in the background) was NOT the 2nd stripper. Of course, the source of the first 911 call came out much later.

It's right there for all to see - Nifong simply accepted the word of both these women. With their records, this was bad judgement.

It's not a reach at all - in any shape or form to think that
Crystal (3 license suspensions, a DWI, etc.) asked Kim to drive her to get something to drink, smoke, or shoot. Kim wanted a payday (we know she's motivated by $$$), if she had to drive Crystal a couple miles to get her a fix so she could perform, I don't think she'd flinch. IMO, there's a reason Kim and Crystal (she can't recall, I'm sure) want to explicitly say they arrived separately and didn't know each other.


1,551 posted on 05/05/2006 8:28:10 PM PDT by OakOak
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To: Jezebelle

Jezebelle has really hit upon something here.
Nifong is used to forcing defendants by leveraging, bullying, and just plain overpowering them. Nifong's modus operandi is to shift the evidence to match his theorizes and that's incredibly successful against Durham Defendants - day in and day out. HOWEVER, in this case .. the Media showed up with Cameras and people - ON CAMERA - provided their story in detail (like Bissey). This throws a wrench in Nifong's Standard Operating Procedure.
It's VERY easy for authorities to make someone feel uncertain about a portion of their story - make them think there's conflicting evidence (the police know more and are just confirming your statement). Through outright suggestion, facial expressions, and specifically focusing on one facet of their story, investigators get witnesses to shift their story. Investigators then provide positive reenforcement (verbal or non-verbal) to the witness and the now you have corroborating of the state's theory.

Nifong is playing on a different field now. The Media has eyewitness statements on Camera before the police had them sign affadavits to a story that fits the accuser's story.


1,552 posted on 05/05/2006 8:43:38 PM PDT by OakOak
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To: OakOak
Yep, and even Nifong and his 70 interviews, saying DNA would show who did it, saying stuff about how Mangum was grabbed from behind around her neck and the player was most likely wearing long sleeves.

The defense can show all the conflicting statements and say the only people who have NOT modified their stories are the accused...because they are telling the truth.
1,553 posted on 05/05/2006 9:37:47 PM PDT by snarkytart
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To: Jezebelle; All

In one of the earliest reports on the alleged attack Crystal says she "had gone to the house" at 11:30p.

"The woman told police early Tuesday morning that she had gone to a house at 610 N. Buchanan Blvd. about 11:30 p.m. the night before for a party, said Sgt. Mark Gottlieb."
Source: http://www.newsobserver.com/215/story/419794.html

Crystal later said in an N&O interview, that she was nervous about dancing at the party that night. Now, we know all the statements from the two strippers from that night were self-serving. Many have already been disproven.

Was Crystal's problem a substance abuse problem (3 license suspenions, and a DWI)? Was she really experiencing anxiousness or an urge to get high? It is every bit as plausible to suggest that Crystal arrived at 11:30p and told Kim she needed "help" to dance. The two women could've drove off and got something (even Wine from Kroger) and returned. Bissey sees them arriving together at 11:50p as Bissey on-air account states. This accounts for 20 minutes, it explains Bissey's statement when he's dead on (in his initial statement) on so many other things.

I would think there are studies on drug/substance/alchol abuse by strippers, hookers, and call girls. In a large number of cases they go hand in hand. I heard a former stripper say, in an interview, that she became dependent on drugs because she needed them in order to dance and take off her clothes in front of a group of men - strangers.

Bissey's early on-air account puts them there at 11:50p. He is very detailed and he says they then stood outside and spoke for 5 minutes with a 'gentlemen' before entering the house. That has them going in the house at 11:55p and that fits perfectly with the timestamps on the photos and 40 witnesses.

Think about this. These girls perform, they perform for money. They have gigs and it's communicated what is expected beforehand and what will be paid - beforehand - it's a business. I think the deal was 2 hours of dancing. I had a job some time ago and there was a Large Union contingent that worked shifts around the clock. People would walk up for the midnight shift and stop and smoke cigarettes outside the entrance door. At 11:57p they'd put out their cigarettes and go in and report for work. Is this what was happening here? Kim and Crystal had been told to report at Midnight. They were uncertain of the location and arrived early because time was allowed for getting lost and searching. They didn't want to go in early or alone, so they meet up, chat and they have time to kill. Remember, Bissey says they stood outside for 5 minutes at the door before going in. I can see Midnight being the target start time all along.

Are we, too, guilty of trying to shift that sequence to fit into what we read on it in the papers?

I'll take Bissey's word, when he did not know the significance of the timeline or the existence of the photos,
over the EX CON STRIPPER's word every day of the week.


1,554 posted on 05/05/2006 9:47:34 PM PDT by OakOak
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To: OakOak

I think your analysis makes very good common sense. Will whomever sent the strippers there have records of when they were supposed to arrive?


1,555 posted on 05/05/2006 9:52:09 PM PDT by JLS
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To: snarkytart

Good point. Nifong has had his way and developed some bad habits - BECAUSE HE COULD! This case is a little different.

And, I think Nifong's statement about a trial in a year was a threat. A message sent to the boys and their families. I think he's still trying to get one to 'turn'. These guys have one year of eligibility (25%) gone. Nifong knows their quality of life is related to moving past this case. He knows no one (no one worth having) will come to coach at Duke until this case is resolved.

I really think that was a Loud message sent to 19 year old kids that don't know the justice system.


1,556 posted on 05/05/2006 9:53:37 PM PDT by OakOak
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To: JLS

We don't know how much is recorded due to the type of business. One of the escort services was suspected of selling sex.. It's just like their accounting, they don't want to much stuff documented, we just don't know.

The prevailing opinion in Durham is that this case was a horrible, brutal, racially motivated attack. There's no 'incentive' for someone living in that community to say anything that could be used to support the players. Conversely, if they support the stripper - they are seen as heroes in their community.

Remember the black Police officer in the O.J. Simpson trial?
He was crucified by his community. He got death threats.


1,557 posted on 05/05/2006 10:01:07 PM PDT by OakOak
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To: OakOak
Good point. Nifong has had his way and developed some bad habits - BECAUSE HE COULD! This case is a little different.

And, I think Nifong's statement about a trial in a year was a threat. A message sent to the boys and their families. I think he's still trying to get one to 'turn'. These guys have one year of eligibility (25%) gone. Nifong knows their quality of life is related to moving past this case. He knows no one (no one worth having) will come to coach at Duke until this case is resolved.

I really think that was a Loud message sent to 19 year old kids that don't know the justice system.

____


Yes but their lawyers know they have a right to a speedy trial. When is the last time Nifong prosecuted a felony rape case? He has never had a high profile case like this, and it shows.
1,558 posted on 05/05/2006 10:14:54 PM PDT by snarkytart
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To: OakOak

I am not sure that escort service is of any particular community. One was out of NJ or something as I remember.

While they certainly would not want to document hooking, they might well document where "dancers" are sent and how much they expect back from them from the legal side of the trade.


1,559 posted on 05/05/2006 11:13:21 PM PDT by JLS
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To: snarkytart

"The defense can show all the conflicting statements and say the only people who have NOT modified their stories are the accused...because they are telling the truth."

That's a VERY good point, and what a stark comparison it will be!


1,560 posted on 05/05/2006 11:25:09 PM PDT by Jezebelle
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