Posted on 05/11/2006 6:19:27 AM PDT by rwilson99
DURHAM - A Durham police detective investigating the Duke University lacrosse case arrested an alibi witness Wednesday on a 2 1/2-year-old misdemeanor warrant. Taxi driver Moezeldin Elmostafa said Investigator R.D. Clayton and another officer asked whether he had anything new to tell them about the rape case before driving him to the Durham County jail. He said no and was held for five hours, until a friend posted his bail on a shoplifting charge.
Ernest Conner, a Greenville lawyer who represents defendant Reade Seligmann, said the cabbie's arrest amounted to intimidation. "It appears to me they are trying to pressure a witness who supports our defendant's rock-solid alibi," Conner said.
Sgt. Mark Gottlieb, the supervisor of the investigation, refused to answer questions Wednesday night.
Elmostafa signed a sworn statement in April saying he picked up Seligmann from a Duke lacrosse team party just after midnight March 14. Seligmann and another player, Collin Finnerty, have been charged with raping an escort service dancer during the party at 610 N. Buchanan Blvd.
Elmostafa's affidavit said he picked up Seligmann at 12:19 a.m. that morning and drove him to an automated teller machine, a fast-food burger joint and back to his dorm. To corroborate the taxi driver's statement, Seligmann's lawyers filed copies in court of phone records, security photos from the ATM and electronic records showing when Seligmann entered his dorm.
The lawyers have said that Elmostafa's account and the records exonerate Seligmann.
Clayton, who is working under Gottlieb on the case, picked up Elmostafa on Wednesday afternoon.
"The detective asked if I had anything new to say about the lacrosse case," Elmostafa said. "When I said no, they took me to the magistrate."
2003 charge
Elmostafa was charged with a misdemeanor larceny that occurred Sept. 2, 2003, when a woman stole five purses worth $250 from the Hecht's department store at Northgate Mall.
Elmostafa said Wednesday that he had picked up Lisa Faye Hawkins and her daughter at their home and had taken them to the mall. Elmostafa said he waited in the taxi with the daughter while Hawkins shopped and then he drove the two home.
Elmostafa said he later received a call asking him to speak with Hecht's security. The security officer at Hecht's said Hawkins had stolen some purses before getting into the taxi, Elmostafa said.
Elmostafa said he gave the woman's address and a copy of his driver's license to the security guard, who thanked him for his help.
"I am not responsible for what she did inside the store," Elmostafa said. "I am just a taxi driver."
Hawkins pleaded guilty to the larceny three months later.
Elmostafa said he heard nothing about the case until his arrest Wednesday. He spent five hours at the Durham County jail before a friend put up $700 for the bail.
A Hecht's spokesman could not be reached Wednesday evening.
Conner said it was highly unusual for police to arrest someone for a misdemeanor more than two years after the crime. He contrasted the treatment of the taxi driver with that of Kim Roberts, the other dancer at the party. Conner said Roberts initially told police no rape occurred at the party but changed her story after she was arrested on a probation violation. District Attorney Mike Nifong later reduced Roberts' bail.
I'm ok with this FWIW. Remember that the south in general, and certainly, as we have read here as related to this case, Durham, still is very conscious of race. There is still an undercurrent of the bad old days when blacks better do as they're told, especially by a police officer or official, whether it seems to be on the level or not.
I agree that the State AG needs to do something here. As somebody wrote on the other thread, this prosecution is long past the point where it looks like something out of Nigeria or Haiti.
Durham: District Attorney Nifong today arrested a 6 year old girl on charges of failing to obtain a license to sell lemonade in front of her house. Nifong asked the court to remand the girl without the possibility of bail.
Detectives for Nifong grilled the girl for over three days under heat lamps while repeatedly exposing her to looped Nifong campaign speeches in attempting to gain a confession.
Nifong has also arrested the girl's parents, siblings and grandparents on charges of aiding and abetting a known criminal.
Nifong has indicated he may seek the death and dismemberment penalty when the case comes to trial in six years, just after his next re-election cycle.
a WTF ping...
I'm surprised this made the news. This is just typical prosecutor witness intimidation that happens everywhere. It's probably gone on forever, but it has gotten worse in recent decades as the war on drugs is turning us into a country of informants, with paid witnesses and witnesses in serious trouble who will do or say anything to save themselves. Prosecutors have gotten used to having threats hanging over the heads of their witnesses because they have this advantage in so many of their cases these days. They'll look for a way to do that in any case because it helps ensure a favorable outcome for them. I don't think it would be fair to say that they always or even most of the time demand witnesses lie for them, but they will demand the "truth" and the witnesses facing big trouble figure out that if they want to save their own rear ends the "truth" is whatever police and prosecutors want it to be.
I am seeing and reading more and more about this prosocutorial misconduct occuring in other states and municipalities as well. How can we, as citizens, respond to and/or correct this type of situation? We are supposed to be able to seek redress of our grievences per the constitution. How do we do it?
How about Calyso Louie? :)
This is one of the craziest arrest I have ever heard about. This is witness intimidation, in my opinion. This guy did nothing wrong 2 years ago, in fact, he was very helpful in helping the police find the guilty parties. There needs to be a local big-time lawyer to come forward, and take this guy's case without charge.
---I'm surprised this made the news. This is just typical prosecutor witness intimidation that happens everywhere.---
Yes, but what's interesting is that in this case it takes place in the glare of the national spotlight.
How about this guy?
http://www.williegary.com/
Nevermind, he's trying to woo the AV.
Sure Banks = Rich white kids got it /s
Computers crash ans lose data all the time. The copies that the defense team have are phtoshopped. Since no original records exist, the defense has no evidence.
TheDA is after this guy either because he's a witness or because he's black, which is it?
filing
Especially given the actual thief already pleaded guilty one would imagine the case was closed.
rwilson99, don't waste your time responding. wtc911's just looking for a fight.
I was thinking of moving down to Durham. My company has a branch there, and there are a lot of nice old houses in Durham with preservation credits and tax abatements available. Living would be a heck of a lot cheaper than in suburban NJ.
But this case has really soured me to the whole idea. I still might wind up in North Carolina, but the idea of moving into an old house in Durham and fixing it up is pretty much by the boards. Who wants to move into a jurisdiction that is so hostile?
This case does not fit their agenda. They will ignore it.
The ACLU only pursues cases that advance the agenda.
This case does not fit their agenda. They will ignore it.
The ACLU only pursues cases that advance the agenda.
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