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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: marajade

This statement sounds an awful lot like a bastardization of the concept of presumption of innocence.

"I can't say the defendants are innocent or not."

Before a case is presented, there is a presumption of innocence.

At this stage of the game it would be proper to state that you 'couldn't say the defendents are guilty or not guilty.'

However, in the eyes of the law, they are innocent (right now), until Nifong proves they are guilty.

It seems like the best evidence against these 3 men is that they aren't choir boys.

We have one of the accused at an ATM at the time of the assault. We have the 2nd dancer on site who can't say a rape occurred. We have the inconsistent first phone call to the police regarding racial slurs and no rape. We have another of the accused with a mustache.

Right now... these 3 men are innocent and it is not their responsibility to prove it.



1,261 posted on 05/15/2006 9:41:00 PM PDT by rwilson99 (Too soon... to forget. See United 93)
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To: marajade

One of the defendants has had his probation revoked...
_________________________________________

Can't you get a single fact right. This is completely false and the type of thing that makes the rest of us think you are a troll coming here to lie.


1,262 posted on 05/15/2006 9:41:38 PM PDT by JLS
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To: TexKat

I just watched it on the TIVO. I rolled it back several times just to savor the moment.


1,263 posted on 05/15/2006 9:42:03 PM PDT by Locomotive Breath (In the shuffling madness)
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To: sinkspur

Was she on probation... if she voted a couple of weeks ago it was illegal.


1,264 posted on 05/15/2006 9:42:04 PM PDT by rwilson99 (Too soon... to forget. See United 93)
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To: rwilson99

I'm not going to get into a legal mumbo jumbo about their legal status.


1,265 posted on 05/15/2006 9:42:14 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

MAJAJADE: YOU ARE WRONG

It hasn't been covered on Nancy Grace, so you are probably not aware of it. The kid that claims he was beat up in Georgetown said Collin Finnerty didn't SAY a thing.

You are so ill informed because you watch the News Corpse. you get your stuff from Nancy Grace and Kimberly Gilfoil and its easy to assume we don't know what we are talking about.

You have been led down the primrose path. Consider your source.


1,266 posted on 05/15/2006 9:43:02 PM PDT by Dr. Richard Kimble
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To: JLS

Maybe not probation but violation of a diversion program, whatever.


1,267 posted on 05/15/2006 9:43:13 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
And here I've accused of not following the FACTS of the case.

I understand why you were accused. Calling each other "gay" had nothing to do with the charges. Try again?

1,268 posted on 05/15/2006 9:43:27 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: marajade
One of the defendants has had his probation revoked because he alleged assaulted another man saying the man was gay.

You continue to bring up that nothing accusation, while ignoring the accuser's documented guilt in stealing a cab and trying to run down a police officer.

Oh, and her false accusation of rape thirteen years ago. Against three men.

1,269 posted on 05/15/2006 9:43:52 PM PDT by sinkspur ( OK. You've had your drink. Now why don't you tell your Godfather what everybody else already knows?)
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To: rwilson99

She plead guilty to misdemeanor charges. Only felons can't vote.


1,270 posted on 05/15/2006 9:43:57 PM PDT by marajade (Yes, I'm a SW freak!)
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To: TexKat

Thanks TexKat for that great article by Thomas Sowell! As usual he was on the mark.


1,271 posted on 05/15/2006 9:44:00 PM PDT by Tarheel (When I die I am Tarheel dead.)
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To: Dr. Richard Kimble

Its been reported that Collin Finnerty assaulted him because he was gay. Please.


1,272 posted on 05/15/2006 9:44:54 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

MARAJADE is ignoring all the facts It is time we explored other possibilities for her position.


1,273 posted on 05/15/2006 9:45:59 PM PDT by Dr. Richard Kimble
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To: Neverforget01

No I didn't say called each other gay. I stated the defendant in this case was also involved in a case where he was in a diversion program which was denied because he allegedly assaulted another victim and the victim in that case stated Finnerty called him gay.


1,274 posted on 05/15/2006 9:46:39 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Locomotive Breath
I just watched it on the TIVO. I rolled it back several times just to savor the moment.

:^), sort of like milk, does the body (spirit) good!

1,275 posted on 05/15/2006 9:46:56 PM PDT by TexKat
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To: rwilson99
Was she on probation... if she voted a couple of weeks ago it was illegal.

She was on probation for the cab incident. Had she been taken in for public intoxication, her probation would have been revoked, and she'd have been behind bars.

So, she accused three men of rape, after walking out of their place with a smile on her face, and suddenly going back inside to retrieve a shoe!

1,276 posted on 05/15/2006 9:47:28 PM PDT by sinkspur ( OK. You've had your drink. Now why don't you tell your Godfather what everybody else already knows?)
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To: marajade

three men were involved: three men were charged.

the victim whom is not gay said Finnerty didn't call him any names.

Why do you ignore the facts

PLEASE EXPLAIN Are you a Nancy Grace fan?


1,277 posted on 05/15/2006 9:47:29 PM PDT by Dr. Richard Kimble
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To: sinkspur

"You continue to bring up that nothing accusation..."

It speaks volumes as to his character and his ability to commit possibly violence upon others.


1,278 posted on 05/15/2006 9:47:44 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Tarheel

Bump!


1,279 posted on 05/15/2006 9:47:52 PM PDT by TexKat
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To: marajade

What was Finnerty charged with?


1,280 posted on 05/15/2006 9:48:04 PM PDT by Neverforget01 (Proud enemy of the DBM)
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