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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: Alia

It might have brought on the broom comment, too...if it was ever really made.


101 posted on 05/15/2006 9:56:30 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Howlin
It is; I just cannot imagine WHAT he is showing them to get these indictments. He may just be showing them the SANE report and nothing else.

Does the GJ live in caves? Don't they hear what is being said?

102 posted on 05/15/2006 9:57:32 AM PDT by RightWingMama
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To: cdga5for4

Yeah, don't give Nifong any ideas...


103 posted on 05/15/2006 9:57:36 AM PDT by ltc8k6
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To: Howlin

Can I get on the Duke ping list please.


104 posted on 05/15/2006 9:58:02 AM PDT by nina0113
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To: Howlin
and he, his family, his attorneys, and at least ten Lacrosse players are going to go to the steps of the Courthouse.

... and THAT'S exactly the moment and event I'm waiting to witness. I'm so right there with them and calling upon all saints past and present to arise, and be there too.

105 posted on 05/15/2006 9:58:06 AM PDT by Alia
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To: Carolinamom
"The time for personal accountability has come, and I think Durham is going to see a lot more of it when Mike Peterson is elected mayor."

We all know that Mike Peterson had to face the personal responsibility factor!

106 posted on 05/15/2006 9:58:11 AM PDT by Tarheel (When I die I am Tarheel dead.)
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To: cdga5for4

Well, she did ID 4, right? Why no indictment for the 4th victim of the skanks lie?


107 posted on 05/15/2006 9:58:11 AM PDT by Jrabbit (Scuse me??)
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To: RightWingMama

Doesn't matter. They consider only what is before them.


108 posted on 05/15/2006 9:58:20 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Perdogg

I agree there is a stronger legal argument to get the DNA thrown out than the photo lineup, but it's not a slam dunk.

Do you recall Perdogg - was a court order actually issued requiring the DNA submission, or did the players voluntarily give the DNA after the DA's office said they would get a court order to compel if the players didn't?


109 posted on 05/15/2006 9:58:26 AM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn

I agree generally with your post on summary acquital. [I am not an attorney.] But I think the chances are not that poor that the ID is tossed. It afterall violated DPD polcy too.


110 posted on 05/15/2006 9:58:31 AM PDT by JLS
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To: Howlin

presser at 2 pm per fox


111 posted on 05/15/2006 9:58:38 AM PDT by Protect the Bill of Rights
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To: SirJohnBarleycorn

Press conference by 3rd player indicted to be held at court house at 2 p.m. according to FNC.


112 posted on 05/15/2006 9:59:11 AM PDT by I want to know
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To: Jrabbit

Number 4 was probably the one the defense attorneys said was not in Durham at the time?


113 posted on 05/15/2006 9:59:24 AM PDT by JLS
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To: Protect the Bill of Rights

Thanks!


114 posted on 05/15/2006 9:59:30 AM PDT by Howlin
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To: Howlin; Quilla

FNC reporting a press conference at 2pm EDT.


115 posted on 05/15/2006 10:00:00 AM PDT by Darlin' ("You said would I apologize for that?" Bush told him. "The answer is absolutely not.")
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To: Howlin

This is appalling, sickening and one of the most disgusting incidents I've ever been aware of.....

Nifong should rot.......


116 posted on 05/15/2006 10:00:18 AM PDT by sissyjane (Don't be stuck on stupid!)
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To: JLS

I can't figure out why this 4th ID is glossed over.


117 posted on 05/15/2006 10:00:45 AM PDT by ltc8k6
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To: Protect the Bill of Rights; Howlin

Will be glued to this presser. I hope the fireworks go off with a loud BOOM! I am so sick of this.


118 posted on 05/15/2006 10:01:00 AM PDT by txrangerette ("We are fighting al-Qaeda, NOT Aunt Sadie"...Dick Cheney commenting on the wiretaps!!)
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To: nina0113

It's Dave Evans!


119 posted on 05/15/2006 10:01:08 AM PDT by Howlin
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To: Howlin

I thought Cheshire made a special effort at the presser to zing Nifong. I wonder if he did that to intentionally rile Nifong into publicly refusing to see him this morning. That's what happened to Kirk Osborn (Seligmann), who almost immediately made Nifong look like a fool by presenting within 48 hrs. time-stamped evidence out the kazoo.


120 posted on 05/15/2006 10:01:21 AM PDT by GAgal
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