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.
It might have brought on the broom comment, too...if it was ever really made.
Does the GJ live in caves? Don't they hear what is being said?
Yeah, don't give Nifong any ideas...
Can I get on the Duke ping list please.
... 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.
We all know that Mike Peterson had to face the personal responsibility factor!
Well, she did ID 4, right? Why no indictment for the 4th victim of the skanks lie?
Doesn't matter. They consider only what is before them.
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?
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.
presser at 2 pm per fox
Press conference by 3rd player indicted to be held at court house at 2 p.m. according to FNC.
Number 4 was probably the one the defense attorneys said was not in Durham at the time?
Thanks!
FNC reporting a press conference at 2pm EDT.
This is appalling, sickening and one of the most disgusting incidents I've ever been aware of.....
Nifong should rot.......
I can't figure out why this 4th ID is glossed over.
Will be glued to this presser. I hope the fireworks go off with a loud BOOM! I am so sick of this.
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.