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Lacrosse defense witness arrested. (Black cabbie arrested after refusing to change his story)
The News Observer ^ | 5-11-2006 | Joseph Neff and Samiha Khanna, Staff Writers

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.


TOPICS: Local News
KEYWORDS: abuseofpower; activistcourts; black; boycriedwolf; boycrieswolf; chickenlittle; crookedcops; donutwatch; duke; dukelax; harassment; hatecrime; judicialtyranny; lynchmob; newblackpanthers; pc; politicalcorrectness; rapecase; roadtonowhere; runawayprosecutor; showtrial; tokillamockingbird
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To: rwilson99
Fascinating ... second dancer who has changed her story numerous times and demonstrably lied, she is afforded special treatment by this DA when her outstanding warrant caught up with her, but cabbie who substantiates the out-and-out fraud of the rape ID, he gets a night in the pokey for not recanting.

What a disgrace.

61 posted on 05/11/2006 8:18:36 AM PDT by MozarkDawg
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To: rwilson99
An honest, decent human: a great American! Cabbie Moezeldin Elmostafa

A sociopath, a disgrace, a deceitful thug, a liar, a democrat party member: D.A. Micheal Nifong


62 posted on 05/11/2006 8:57:26 AM PDT by FormerACLUmember (No program, no ideas, no clue: The democrats!)
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To: Howlin

Not sure if you've seen this.


63 posted on 05/11/2006 9:03:03 AM PDT by windcliff
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To: rwilson99

ACLU?


64 posted on 05/11/2006 9:06:22 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: FormerACLUmember

I am glad to see someone who stands up for what is right and is not intimitated by the police to change his story.


65 posted on 05/11/2006 9:10:54 AM PDT by art_rocks
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To: art_rocks
"I am glad to see someone who stands up for what is right and is not intimitated by the police to change his story. "

The humble, courageous, honest cabbie would make a better D.A. than the thug dirtbag currently infesting the office.

66 posted on 05/11/2006 9:14:16 AM PDT by FormerACLUmember (No program, no ideas, no clue: The democrats!)
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To: claudiustg; Howlin
>>>It would seem the state attorney general would have a responsibility to step in on this case. It's been one disgraceful action after another<<<


As much as I find California distasteful, that would have happened long ago, especially after Nifong refused to look at possibly useful information.
My captain would have had me cleaning out my desk if I'd ever done such a sloppy investigation.
67 posted on 05/11/2006 9:20:31 AM PDT by investigateworld (Abortion stops a beating heart)
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To: bondjamesbond
The ACLU only pursues cases that advance the agenda.

You got that right.

68 posted on 05/11/2006 9:34:07 AM PDT by freedumb2003 (Any guest worker program that does not require application from the home country is Amnesty)
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To: TKDietz

I agree with you, nothing new, just the Internet is showing how wide spread the practice is.


69 posted on 05/11/2006 10:02:43 AM PDT by razorback-bert (Kooks For Kinky)
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To: FormerACLUmember
That may, in fact, be why they picked him up. One last chance to see if the story was going to change, or any suspicious connections. When he stood fast to his story, they put him in lockup to "think" about it a little more. When he didn't prevaricate, that may have been what they were looking to determine before the hearing on the 18th to cut Reade loose. As you say, its a rock-solid alibi. Hopefully, Colin won't break when he's the only one left to face the music. It's a very difficult thing to face at 19 or 20. Prayers for all involved, you guys. Pray hard!!!
70 posted on 05/11/2006 10:13:20 AM PDT by Constitutions Grandchild
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To: Constitutions Grandchild

Somehow I don't think their intentions were so noble. They wanted him to change his story to suit the case they are trying to make, and they abused him in that effort.


71 posted on 05/11/2006 10:20:07 AM PDT by Cecily
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To: Cecily

I try to remain upbeat about the nature of those who are here to protect and serve. Having said that, I'm sure it was approached with it could break either way. If he caves, then we have Seligmann, if he hangs tough, then we cut Seligmann loose. Doesn't make them much difference -- their jobs are safe, their kids are okay. They don't have to pick up the pieces and move on -- pay the second mortgage off that paid off the attorney's fees. Yeah, you may be right, but in the meantime Reade may be released from the hell he's been going through -- that makes me very, very thankful.


72 posted on 05/11/2006 10:35:30 AM PDT by Constitutions Grandchild
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To: wtc911
I think the race of the cabbie is relevent to the story. Yeah, the DA would probably have done the same thing if the cabbie were white, but a lot of the reason for the zealous pursuit of the players is obviously because he's playing for black votes.

I think the critical point here is that the DA is not a fearless defender of the downtrodden minority, as he's trying to paint himself, but someone who has no problem destroying these same minorities through intimidation tactics. A lot of the resentment by blacks of the system is because of exactly these type of cheap intimidation tactics.

BTW, a lot of colleges, particularly rich private colleges, are in the same situation as Duke. They've been established for maybe over 100 years, and the formerly pristine neighborhoods of their location are now occupied by black and hispanic populations. I know of a couple of these schools where the campus police primarily cruise the outer perimeters of the campus, making sure the "locals" aren't coming onto campus to break into cars, dorms, classrooms, etc. Yes, there are people who come on campus specifically to do that, but when enough law abiding citizens get stopped and questioned because they drove or walked across the campus to get somewhere, a significant amount of resentment builds up. When you add the fact that a lot of the kids at these colleges are rich and pretty dumb about life outside of the gated community, it's a volatile situation. Don't be surprised to see more of these "college vs. the local neighborhood" battles take place.

73 posted on 05/11/2006 10:47:04 AM PDT by Richard Kimball (I like to make everyone's day a little more surreal)
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To: Main Street; rwilson99

Not at all...genuinely wondering what the cabby's color has to do with it...if this is a case of witness intimidation.


74 posted on 05/11/2006 11:16:23 AM PDT by wtc911 (You can't get there from here)
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To: rwilson99

Why isn't the "Justice" Department investigating this? This is a clear case of using police powers to suborn perjury. The cab driver is Black so it is also the white DA using the power of his office to intimidate a Black man into committing a crime.

I guess the Bush “Justice” Dept. doesn’t care because the guy is a citizen. If he were an illegal alien they would have a taskforce down there crawling into every orifice the DA has.


75 posted on 05/11/2006 11:28:57 AM PDT by SUSSA
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To: investigateworld

The voters down there elected this guy just recently, so I would assume this is the kind of justice they want. I wouldn't so much as visit the state.


76 posted on 05/11/2006 12:23:15 PM PDT by claudiustg (Build a fence. They won't come.)
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To: claudiustg; Howlin; Constitutions Grandchild
Remember our discussion about when they would arrest these youngsters? The part about the detectives spending 'quality time' with the defendants?

Sending a detective to serve a stale misdemeanor warrant reassures me that was why the defendants attorneys compromised and requested the Sheriffs Department make the hook.
(And yes, these boys need our prayers - but there is a Divine Plan, far beyond our understanding, in operation here)
77 posted on 05/11/2006 12:40:21 PM PDT by investigateworld (Abortion stops a beating heart)
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To: SUSSA
I guess the Bush “Justice” Dept. doesn’t care because the guy is a citizen.

You're joking - right?

78 posted on 05/11/2006 12:46:43 PM PDT by delacoert
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To: SUSSA

Take that crap off these threads.


79 posted on 05/11/2006 1:23:25 PM PDT by Howlin
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To: FormerACLUmember
The humble, courageous, honest cabbie would make a better D.A. than the thug dirtbag currently infesting the office.

True. Outrageous, but very true.

80 posted on 05/11/2006 4:39:00 PM PDT by JustaCowgirl (Sessions-The immigration bill is a colossal failure. It's a dead horse laying out in the sun.)
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