Posted on 05/06/2006 6:23:16 PM PDT by Perdogg
DURHAM, N.C. - Mike Nifong emerged from his first campaign for public office with a victory and a confident smile, saying he was eager to get back to running the district attorney's office.
He also spent plenty of time during the campaign shunning questions from reporters about the rape investigation against two members of the Duke University men's lacrosse team.
It's a task he'll have to get used to considering the long road ahead.
Nifong said he doesn't expect the case to come to trial before next spring, setting up an intense and lengthy standoff between sides that have refused to budge
(Excerpt) Read more at belleville.com ...
See, that's your problem, you are a pushover! Gotta learn to say "no" once in a while.
Seriously, if I ever get that far east, I'll only put you out to the tune of a pot of coffee. Deal?
Deal! And I'll talk you into staying.
The one-nighters don't bother me........LOL. It's the open-enders who use some of my cars while they visit everybody they know......well, you get the picture. :-)
You offer free accommodations and transportation in the Triangle? You ARE a pushover!
Yes. I'm thinking of adding on in case there really is a trial.
You can all come and we'll go over for the festivities!
:-)
Is the defense now in possession of the women's phone records, the SANE/tox reports, statements made by the false accuser and Kim, interviews with the boyfriend and escort service owners, etc?
In CA they define "speedy trial" not by statute as a certain number of days for a certain offense, but as the number of days elapsed for some percentile of cases (upper 75th?) that actually come to trial.
The court asks you at your arraignment if you waive your right to a "speedy trial", which is still a longer period than you think it would be. If they have the same option in NC I can't imagine that the two boys would have done that.
Thanks, Howlin!
As my wife's cousins from Freehold taught me to ask when encountering someone from New Jersey. "What exit?" *g
"I'm putting my foot down this time."
Ahem, yeah, right, sure you will ... ;)
But I agree, two weeks is a long time. Beg off with a bad cold and hide out in the bedroom with your PC.
LOLOL.......trust me, all of the state is not lined up along the Parkway or the Turnpike.
"...drive some of my cars...." did it for me.
Please,
Turn down my bed
Leave on a light
Don't wait up
:-)
Long road ahead in Duke lacrosse rape case
Updated: 8:17 p.m. ET May 7, 2006 DURHAM, N.C. - Mike Nifong emerged from his first campaign for public office with a victory and a confident smile, saying he was eager to get back to running the district attorneys office.
He spent plenty of time during the campaign shunning reporters questions about the rape investigation of two members of the Duke University mens lacrosse team.
Hell likely spend much more time facing such questions, considering the long road ahead.
Nifong said he doesnt expect the case to go to trial before next spring, setting up an intense and lengthy standoff between prosecutors and defense attorneys.
This will be a long process, said lawyer Bill Thomas, who represents a player not charged in the case. And you can expect these lawyers will take their time and they will be prepared on trial day.
To listen to defense attorneys, Nifong has no case. They say the two players charged are innocent and werent at the off-campus party when the woman said the assault occurred. The only evidence connecting them to the accuser should be thrown out, their attorneys argue. The accuser is an unreliable witness who falsely cried rape before, they say.
The defense attorneys also suggest that Nifong should be removed from the case because he has pursued it for political gain.
But Nifong, emboldened by his victory in Tuesdays Democratic primary for Durham district attorney, vows to press ahead. Hes unopposed in the general election.
He says a sexual assault occurred at the party nearly two months ago and that a third player may be charged. He has repeatedly denied that politics played a role in pursuing the case.
Im satisfied with the decisions that Ive made, he said. Im still satisfied with them.
A grand jury indicted sophomores Reade Seligmann, of Essex Falls, N.J., and Collin Finnerty, of Garden City, N.Y., on charges of rape, kidnapping and sexual assault.
Both have been released on $400,000 bond and are scheduled to appear in court May 15, which coincides with the next grand jury meeting and the expected results of further DNA testing.
Thomas said it could take nine months to deal with pretrial motions and other issues, including a motion filed by Seligmanns attorney, Kirk Osborn, that seeks to throw out the photo identifications made by the accuser.
Its the only piece of evidence linking Seligmann and Finnerty to the case, defense attorneys say, noting that initial DNA tests failed to link any player to the accuser. Osborns motion called the photo lineup unnecessarily suggestive because the accuser was shown only photos of lacrosse players.
Larry Pozner, a defense attorney for 32 years and the former president of the National Association of Criminal Defense Lawyers, agreed that the procedure was flawed.
I thought it was a stacked deck, said Pozner, who lives in Denver. It didnt matter who she picked. She was always going to be picking someone on the team.
But Norm Early, a former district attorney who works with the National District Attorneys Association, said defense attorneys often attack the reliability of photo identifications.
From their prospective, they dont think theres any such thing as a perfect lineup, Early said.
Defense lawyers complain that Nifong ignored potentially exculpatory evidence, including Seligmanns alibi: a cab drivers recollection of driving Seligmann and a friend to a bank ATM, a fast-food restaurant and his dormitory.
Bill Cotter, who represents Finnerty, has declined to comment on his clients whereabouts, but defense attorneys insist that neither player was at the party at the time the woman says the attack occurred.
Nifong is unimpressed with the alibi argument offered by Seligmanns attorney.
Hes saying that according to his timeline the crime couldnt have happened, Nifong said. And who says thats my timeline?
He also said in an interview on MSNBC earlier this week that its probably safe to say that he has more evidence than has been reported by the news media.
Pozner is eager to find out exactly what other evidence is out there.
You can say, I dont have to have DNA. No, you dont have to have DNA, Pozner said. But you have to have something. Im waiting to hear what the something is.
by UPI Wire May 7, 2006
DURHAM, N.C. - May 7, 2006 (UPI) -- Students at North Carolina Central University are showing support for a classmate who accused Duke lacrosse players of raping her in March.
The alleged victim is a mother of two who moonlighted for an escort service while attending North Carolina Central, a predominantly black college.
Three miles from the Gothic splendor of Duke, the state university is plunked down on a stretch of Fayetteville Street near a plaza with hot wings, hair salons and bail bonds. Because 61 percent of students at the state university receive need-based financial aid and many work jobs on the side, stripping to help pay for education and living expenses is something they can understand, The Washington Post reported.
Kristiana Bennett, a junior at North Carolina Central with a child and a part-time job, said she only met the accuser in passing once -- but she can relate to her financial circumstance.
"Both of us are single mothers," said Bennett. "And both of us are poor."
The alleged victim has had previous experience with the legal system. Once, while intoxicated, she stole a car from a patron at an adult entertainment club, and she went to police when she was 17 and reported that she had been raped by three men when she was 14, the newspaper reported.
Based on your examples, I would have to conclude it is not the law in California. It is in my state, and I thought it was the majority rule. I am surprised my little southern state would be more liberal than California.
We must not assume all accused are guilty
There's an "equity of unfairness"
There's an "equity of unfairness" in the rape allegations regarding the Duke lacrosse team that should prove illuminating, regardless of the outcome.
There's genuine outrage within the Duke student community that perception has negatively painted everyone with the same brush, wrongly branding all who are white and rich as privileged to the point of criminal arrogance.
It isn't any fun having people making broad generalizations based on a convenient stereotype, is it?
Welcome to the fraternity, folks.
What state do you live in, is it North Carolina?
Isn't what constitutes the "same demographic" a call by the judge?
In other words, the judge could move this trial to an area with more of a white population but say it is still the same demographic because of the income, education levels, etc.
Do you think it's always about race? I do not think a judge is ever going to be able to match every aspect of one area to another. Certainly, something will have to be compromised.
I guess we will see.
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