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Grand jury may consider new charges in Duke case
Raliegh Observer ^ | 5/15/06 | Ben Niolet

Posted on 05/15/2006 7:14:12 AM PDT by pissant

DURHAM - A Durham grand jury is scheduled to meet today, and the session could mean new charges in the investigation of a reported rape at a Duke lacrosse team party.

Two of the team's players were indicted in April on charges of first degree rape, first degree sex offense and first degree kidnapping. They are accused of assaulting an escort service dancer in a bathroom of a house at 610 N. Buchanan Blvd. Their lawyers say the men are innocent, and lawyers representing dozens of team members say that no sex or assault occurred at the March 13 party.

But the woman says she was attacked by three men, and Durham District Attorney Mike Nifong said he has been working on bringing charges against a third person.

WHAT WILL HAPPEN TODAY? If Nifong decides to submit the case, police investigators and possibly other witnesses will try to convince grand jurors in a secret session that the state has probable cause to bring a case forward. Grand jurors will hear only the prosecution's side of the case. The standard required for a true bill of indictment is far lower than the beyond-a-reasonable-doubt standard required for a conviction.

IF INDICTMENTS ARE ISSUED, WHEN WILL THEY BECOME PUBLIC? On April 17, a judge ordered the indictments in the lacrosse case sealed. The names of the players who were indicted were not released until 5 a.m. the next day when the players surrendered at the Durham County jail. If Nifong again requests that the indictments be sealed, the law allows a judge to keep them secret until the person is arrested or appears in court.

WHEN WILL ALL THE EVIDENCE BE REVEALED? State law requires prosecutors to turn over all of their case files to defense lawyers, but nothing requires the evidence to be turned over to the public. In open court hearings, lawyers often discuss some of the evidence, but the state's case may not be revealed until trial. No trial dates have been set. When a report on the DNA testing is complete, Nifong is required by law to turn it over to all 46 members of the lacrosse team who submitted DNA samples.

WHAT HAPPENS NEXT? The cases against Reade William Seligmann, 20, of Essex Fells, N.J., and Collin Finnerty, 19, of Garden City, N.Y., are moving forward. Finnerty has a court date in June. Seligmann is scheduled to appear in court Thursday. His attorney, Kirk Osborn, has filed a series of motions challenging Nifong's handling of the case and asking a judge to bar the prosecutor from further involvement.


TOPICS: Local News
KEYWORDS: duke; dukelax; wtf
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To: Always Right; pissant

"Maybe they should indict her boyfriend, since his seamen seems to be the only seamen they found in her."

You think rape only includes vaginal penetration?


1,021 posted on 05/15/2006 7:33:33 PM PDT by marajade (Yes, I'm a SW freak!)
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To: TexKat

Well--Isn't that special...no other Lacrosse member. He'a trying to look like a good guy...BARF O RAMA


1,022 posted on 05/15/2006 7:34:47 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: marajade

No, but why would they take a V-sample if she told them they did not penetrate her?


1,023 posted on 05/15/2006 7:36:28 PM PDT by pissant
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To: Howlin

I consider myself a law and order type but this has really made me think. If states elect blue governors who, in turn, appoint judges and/or DAs with no ethics, they're more dangerous to the cities than the minor criminal. Under NC law there aren't any checks on this DA until trial. The city is practically in riot mode. When liberals are elected, the trickle down is bad and long lasting.


1,024 posted on 05/15/2006 7:37:04 PM PDT by RecallMoran
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To: OrinocoJack

So in your opinion Evans should have some blame placed on him because he hired the whores????

No way-No how!!

He didn't so anything more than a lot of young men do every weekend. There is no way he should be dragged through the mud, with his reputation ruined for life for this. Wrong,Wrong,Wrong!!!


1,025 posted on 05/15/2006 7:38:05 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: RecallMoran

There is a reason that we have all sorts of checks on the state wanting to take away someone's liberty.


1,026 posted on 05/15/2006 7:38:31 PM PDT by JLS
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To: pissant

They did and her boyfriend came up. So that would go along with what she is saying.


1,027 posted on 05/15/2006 7:38:31 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

She said there were 3 penetrations including vaginal.


1,028 posted on 05/15/2006 7:39:22 PM PDT by RecallMoran
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To: pissant

I forgot to answer the rest of your post. You've heard the term oral copulation, have you not?


1,029 posted on 05/15/2006 7:39:49 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

She said she had sex with her BF but was not penetrated by the Duke players??

I got the distinct impression the DNA tests were ordered by the prosecutor for evidence of Lacrosse players, not her BF.


1,030 posted on 05/15/2006 7:40:39 PM PDT by pissant
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To: RecallMoran

Where did she say that?


1,031 posted on 05/15/2006 7:40:50 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

She said she hadn't had sex in 3 weeks.


1,032 posted on 05/15/2006 7:41:04 PM PDT by RecallMoran
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To: pissant

No, they did a DNA test on her bf.


1,033 posted on 05/15/2006 7:41:30 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

Yes. Is that what she accused them of? Regardless, no match was found apparently.


1,034 posted on 05/15/2006 7:42:26 PM PDT by pissant
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To: RecallMoran

"She said she hadn't had sex in 3 weeks."

Where did she say that? and if so, why would they take a sample from the bf?



1,035 posted on 05/15/2006 7:43:11 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

She said she was raped vaginally, anally and orally. What do you think she said? It was a thought crime? They were charged because someone looked at her wrong? This threads are thousands of entries long, start reading.


1,036 posted on 05/15/2006 7:43:39 PM PDT by RecallMoran
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To: pissant

Um, wrongo. A 90 percent DNA match was made with the third young man indicted today.


1,037 posted on 05/15/2006 7:43:56 PM PDT by marajade (Yes, I'm a SW freak!)
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To: RecallMoran

I'm not going to read all the threads on FR where she said this and she said that... I do recall hearing it reported she said she was forced to perform oral sex.


1,038 posted on 05/15/2006 7:45:13 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

From her vagina?


1,039 posted on 05/15/2006 7:46:16 PM PDT by pissant
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To: marajade

I'm sure it's part of the rape kit. There could be sperm there even with a condom. Why wouldn't they swab? She said she had been raped that's why?


1,040 posted on 05/15/2006 7:46:36 PM PDT by RecallMoran
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