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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: Jezebelle
>>>That's why I'm worried about the DNA tests and the dorm search warrants. I am not a conspiracy theorist, and I'm not one to condemn LE, having been an active part of it for over thirty years, but I think Nifong is unhinged and thinks he has carte blanche to do anything he wants to do. His conduct in this case has been so far outside the normal behavior of a dedicated, ethical, professional prosecutor that I really am concerned that some DNA evidence has been planted.<<<<

_____

I worry about that too.

According to the motion filed today, when asked by the officers if they should use fillers Nifong told them no, do not use fillers in the photo line up. This supposedly goes against the normal procedure in the DPD.
If this is true, it clearly shows Nifong has an agenda, and that means he will do anything.

That is scary.

341 posted on 05/02/2006 12:33:52 AM PDT by snarkytart
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To: flaglady47

FNC should give Guilfoyle the boot and let Megan Kendall take over the show.


342 posted on 05/02/2006 12:53:33 AM PDT by Jezebelle
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To: uncitizen

Wendy Murphy. She usually is sharp, but she's just gone off track on this case altogether, although she has quieted down a bit lately. I think she's warming to the idea that she's backing a loser, although she's nowhere near admitting it yet. She should stick to advocating for kids. Even Gloria Allred hasn't come out fully behind Mangum.


343 posted on 05/02/2006 12:56:59 AM PDT by Jezebelle
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To: snarkytart

Even that idiot Norm Erly thinks Nifong screwed up.


344 posted on 05/02/2006 12:59:14 AM PDT by Jezebelle
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To: uncitizen

I agree, which is why I don't understand her position on this case. She's a victims' advocate, and God knows victims do indeed need advocates within our criminal justice system, especially children, so I think her response in this case has been strictly knee-jerk. She's not a dummy so the only possible explanation is that she will not step out of her role as an advocate for victims. What she isn't looking at is the damage women like Mangum do to real rape victims. Murphy would be wise to step back a little, lower the decibels, and watch the case objectively for awhile before commenting again.


345 posted on 05/02/2006 1:04:57 AM PDT by Jezebelle
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To: snarkytart

What broomstick?


346 posted on 05/02/2006 1:05:32 AM PDT by Jezebelle
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To: snarkytart

Yes, that's a perfect example of my point. Thanks.


347 posted on 05/02/2006 1:10:16 AM PDT by Jezebelle
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To: Protect the Bill of Rights; All

Thanks.

Bill O'Reilly doesn't know anything about this case. Geraldo is his expert on this case, so that says something.

O'Reilly says tonight .. No speculation - don't say anything but facts. So, the Pro-Defense guest says, Okay Fact - there is no evidence linking these players, no DNA.. AND O'Reilly stops him and says there could be some on a broomstick????

WTF? No speculation - ONLY FACTS - and then from left field there could be some DNA on a broomstick, when the FACT is the official court documents that direct the investigators what to seize (during a search) don't mention a broom at all. The portion of the Search Warrant that describes the state's account doesn't mention a broom either.

I watch O'Reilly, but come on, take 5 minutes to know your subject matter before arguing the case on National TV.
Last week, he applauded Geraldo when Geraldo said these rich, white guys would be running to the DA to cut deals by the end of the week.



348 posted on 05/02/2006 1:55:40 AM PDT by OakOak
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To: RecallMoran; F.J. Mitchell; Neverforget01; Dukie07; Howlin; OakOak
Remind me again . . why was Pressler forced to resign?

I just want to highlight this from this morning's report in the N&O

The problems were largely unknown to the coach because university administrators in charge of student discipline failed to adequately notify him, it said.

Link

Seems to me that Pressler deserves to get his job back and that those anonymous administrators deserve to lose their jobs.
349 posted on 05/02/2006 3:48:03 AM PDT by Locomotive Breath (In the shuffling madness)
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To: snarkytart

Up to 1994 Nifong was an Assistant DA prosecuting high-profile cases. The then DA Hardin made Nifong Chief Assistant DA which is more administrative. In 1999 Nifong dropped out all together because of prostate cancer. When he returned a year later he was put in traffic court.

Last year the gov made Hardin a judge and apparently Hardin recommenced Nifong as a successor. Bottom line is that Nifong has not prosecuted a serious case since 1994, his career had take a left turn to nowhere, and this case is his bid to get back on track.


350 posted on 05/02/2006 3:58:35 AM PDT by Locomotive Breath (In the shuffling madness)
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To: snarkytart; Jezebelle

Anybody know what time the polls close?



According to the front page of today's N&O the polls close at 7:30 pm.


351 posted on 05/02/2006 4:02:04 AM PDT by Locomotive Breath (In the shuffling madness)
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To: xoxoxox
They don't want to go up against me," Nifong said when asked outside court Monday about the defense request for his removal.

Threat or hot air?

352 posted on 05/02/2006 4:13:30 AM PDT by Protect the Bill of Rights
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To: Locomotive Breath

LB, evidently those emails and phone calls to Brodhead made a difference. Y'all done good...


353 posted on 05/02/2006 4:24:11 AM PDT by abb (If it Ain't on FreeRepublic, it Ain't News)
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To: Protect the Bill of Rights; TexKat; All

354 posted on 05/02/2006 4:40:30 AM PDT by maggief (and the dessert cart rolls on ...)
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To: Locomotive Breath
If I were Pressler, and Duke offered me my job back, I'd tell them what they could do with it...

On the other hand, an apology would be nice. Imagine any other sport where the coach is held responsible for the behavior of the team (remember, these are college kids, not high school)?

Imagine a college coach being held responsible for emails and underage drinking of its players? There wouldn't be a coach left. Duke screwed up! He got Nifonged too!

mo

355 posted on 05/02/2006 5:05:45 AM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Jezebelle
FNC should give Guilfoyle the boot and let Megan Kendall take over the show.

Excellent suggestion. However, somehow I'm not sure Kendall would take on the show. She seems a little too intelligent for sensationalism and ambulance chasing. Compare her to Murphy, Guilfoyle, Grace, Filan, Cosby---A whole differnt league in my opinion.

356 posted on 05/02/2006 5:15:02 AM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: maggief

You are good!

We have mentioned Terry Mangum of DPD before. Anyone know if he is white or black?


357 posted on 05/02/2006 5:16:00 AM PDT by Protect the Bill of Rights
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To: maggief

Wow maggie! And since Seligmann obviously didn't do it...and the AV was 100% certain he did..I think the case is over.


358 posted on 05/02/2006 5:17:38 AM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Locomotive Breath; F.J. Mitchell; Neverforget01; Dukie07; Howlin; OakOak

THanx for the link. Outrageous that Pressler was forced out and now it turns out that the University was less than stellar in disclosing information. As the truth emerges from this whole sorry debacle, the alumni will have to hold the administration, including Brodhead, accountable for its actions -- Lord knows the media and the academics won't.


359 posted on 05/02/2006 5:19:14 AM PDT by RecallMoran (Recall Brodhead)
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To: Locomotive Breath
BUMP! And with a public apology from those who pressured him to resign and full pay, plus, for the time of his absence.
360 posted on 05/02/2006 5:28:57 AM PDT by F.J. Mitchell (Those waiting to legally immigrate, weren't invited to the illegal alien Mayday riot.Why ?)
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