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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: Publius22

"As xoxoxox told us, "follow the DNA."

And, remember, just by testing the DNA itself, it is possible to determine if it came from a white or black person. We talked about that last week.


161 posted on 05/01/2006 3:16:07 PM PDT by toldyou
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To: Howlin

I thought she went to police in 1996 to talk about a rape that had happened 3 years previously?

If that's right, in '96 she makes false claims of rape. In 1998 she makes false claims of a murder attempt.

She has a thing for even numbered years.

I'm listening to Abrams who FINALLY got off the Anna Nicole (yawn) case.


162 posted on 05/01/2006 3:20:11 PM PDT by Peach
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To: Carolinamom
From the accounts I've read there was no "discussion."

No discussion with whom?

163 posted on 05/01/2006 3:20:22 PM PDT by TexKat
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To: Howlin

My guess is defense wants the cell phone records to see who she hung with before the party with the players, and once they find that out, they'll retest the DNA found under fingernails to THAT person.

The defense is trying to prove who really may have raped her or roughed her up. They need to explain away the hospital nurse's statement.


164 posted on 05/01/2006 3:22:35 PM PDT by Peach
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To: Peach

"I'm listening to Abrams who FINALLY got off the Anna Nicole (yawn) case"

Yes, but it gives them the chance to show lots of pictures! TV is a visual medium. Let us know what Abrams said.


165 posted on 05/01/2006 3:25:43 PM PDT by don'tbedenied ( D)
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To: don'tbedenied

The attorneys doubt very much that the brief to throw Nifong off the case will succeed. The rest of it -- I was distracted but didn't hear anything earth shattering.

They're coming back after commercial and if there's anything new, I'll post it.


166 posted on 05/01/2006 3:26:44 PM PDT by Peach
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To: TexKat

Via CTV forum;

Just rewound and have 4 pictures from the ATM. The first one shows the guy at the ATM. It isn't super clear, but it definitely looks like him. Timstamp is 12:24:12 The next 2 show his arm as he is typing in the numbers and getting the money. The fourth he is back at the cab. The last picture has timestamp of 12:25:23


167 posted on 05/01/2006 3:27:19 PM PDT by maggief (and the dessert cart rolls on ...)
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To: Jezebelle

my guess as far as the date rape drug goes, is that she probably tested for something that the prosecution will try to use as evidence of an overall crime, but not as crime in itself, because of the lack of evidence..


168 posted on 05/01/2006 3:27:30 PM PDT by Perdogg (entia non sunt multiplicanda praeter necessitatem)
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To: TexKat

Malik et al.


169 posted on 05/01/2006 3:27:43 PM PDT by Carolinamom
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To: Peach

Or where she was.


170 posted on 05/01/2006 3:28:07 PM PDT by Perdogg (entia non sunt multiplicanda praeter necessitatem)
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To: Carolinamom
Black Panthers Demand Convictions of Duke Students

Black Panther Party Rally Goes Peacefully

Handful of members march off-campus to lacrosse house

Monday, May 1, 2006

Durham, N.C. -- About 30 members of the New Black Panthers Party held a demonstration outside Duke University’s Chapel Drive entrance Monday morning before marching to an off-campus house where a rape allegedly occurred at a March 13 party.

Speakers during the hour of speeches just off West Campus included Durham School Board member Jackie Wagstaff, local activist Victoria Peterson and Malik Zulu Shabazz, the national chairman of the New Black Panther Party.

“We have not come to play the race card,” Shabazz told members of the media, who outnumbered his New Black Panther Party contingent, as the 10:30 a.m. demonstration began. “Racism existed before we got here. Racism existed at Duke University long before we got here.”

Shabazz unveiled eight demands by the group, which included the “vigorous” investigation and prosecution of the alleged sexual assault that occurred during the party held by Duke men’s lacrosse players, the expulsion of all Duke students involved and an end to “private” meetings between Duke President Richard H. Brodhead, North Carolina Central University Chancellor James H. Ammons and Durham Mayor William Bell.

Nearly 60 members of the Durham community, including university employees, students and faculty, strained to hear the speeches over the din created by two TV station helicopters hovering overhead.

After the speeches were completed, Shabazz requested permission to march onto campus. Robert Dean, director of the Duke University Police Department, citing a prior agreement that the demonstration would not enter campus property and the desire of the university to avoid disruption during the start of the exam period for students, denied that request.

Shabazz and his followers then marched along Duke University Road, across campus on Anderson Street and up Hillsborough Road and Markham Street to the house at 610 N. Buchanan Blvd.

The nearly 50-minute walk, which was uneventful, was followed by a 40-minute demonstration on the home’s front yard. About 80 people gathered, including employees, students and neighbors, many of whom sat on or stood behind stone wall that rings much of East Campus.

Once the speeches were completed, members of the New Black Panther Party stepped into a waiting convoy of vehicles and drove away.

171 posted on 05/01/2006 3:28:21 PM PDT by TexKat
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To: maggief

Good work maggief.


172 posted on 05/01/2006 3:29:45 PM PDT by TexKat
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To: don'tbedenied

Abrams and guests looking at ATM photos of Seligmann; depending on what time the stripper actually left the house, the pictures probably provide a solid, rock solid, alibi for Seligmann.


173 posted on 05/01/2006 3:31:39 PM PDT by Peach
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To: don'tbedenied

Seligmann made 8 phone calls between 12:05-12:14 a.m.

Guests thinking Nifong should drop case against Seligmann.

Abrams: If the case against Seligmann dies, the case dies, because she says she is 100% certain it was Seligmann.


174 posted on 05/01/2006 3:32:33 PM PDT by Peach
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To: TexKat

Seligmann at ATM in short sleeve shirt ... there goes the rape while wearing jackets theory. LOL


175 posted on 05/01/2006 3:33:18 PM PDT by maggief (and the dessert cart rolls on ...)
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To: don'tbedenied

Guest: Colin's attorney will want his case tried with Reed's case and thinks the DA would have a stronger case trying Colin alone.

Other Guest: That's suicide for the DA because if your the defense attorney and Nifong does that, you bring it up at trial.


176 posted on 05/01/2006 3:33:23 PM PDT by Peach
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To: Peach
What I've heard is the other guy, Finnerty, has an even better alibi. He's at a Mexican restaurant with 6 friends.
177 posted on 05/01/2006 3:34:53 PM PDT by don'tbedenied ( D)
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To: Peach

No one has ever named the other student who shared the cab ride w/Reede. That's another defense witness for him as well as for that student.


178 posted on 05/01/2006 3:37:03 PM PDT by Carolinamom
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To: don'tbedenied

I've heard he was at a Mexican restaurant too; hopefully a LOT of people can put him there, including a credit card and his signature, because if it's just one or two friends, eyewitness testimony can be easy to shake.

Abrams and group think the case is similar to a sinking ship.


179 posted on 05/01/2006 3:37:37 PM PDT by Peach
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To: don'tbedenied

I wonder why we have not heard more from Finnerty's attorney if that was the case?
He hasn't even filed a motion yet.


180 posted on 05/01/2006 3:38:49 PM PDT by snarkytart
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