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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: Dr. Richard Kimble

Actually, it's time to ignore and deny the attention seeker the attention. Obviously knows nothing about the charges or anything of interest....so....ignore.


1,281 posted on 05/15/2006 9:48:21 PM PDT by Jrabbit (Scuse me??)
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To: marajade

he allegedly assaulted another victim and the victim in that case stated Finnerty called him gay.


FINNERTY NEVER CALLED HIM GAY.


1,282 posted on 05/15/2006 9:49:06 PM PDT by Dr. Richard Kimble
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To: marajade
It speaks volumes as to his character and his ability to commit possibly violence upon others.

And her previous lying about a rape involving three men speaks to her tendency to prevaricate about rape when she gets into a pickle.

1,283 posted on 05/15/2006 9:49:49 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: Dr. Richard Kimble

"the victim whom is not gay said Finnerty didn't call him any name"

If the DA was taking him out of the diversion program, he must of done something. He may not have been the "one" to call him gay but he allegedly assaulted him.


1,284 posted on 05/15/2006 9:49:54 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Dr. Richard Kimble

I don't care what Finnerty called him. Others with Finnerty called him gay and Finnerty alleged assaulted him.


1,285 posted on 05/15/2006 9:51:07 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

Do you have any sons? Have they ever gotten into a fistfight..Oh nevermind, this is silly.


1,286 posted on 05/15/2006 9:51:39 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: sinkspur

"And her previous lying about a rape involving three men speaks to her tendency to prevaricate about rape when she gets into a pickle."

Just because there wasn't any legal action taken in the case doesn't mean it didn't happen.

Victims report all sorts of crimes and choose not to pursue them in Court and the prosecutorial agency declines to prosecute. Happens every day.


1,287 posted on 05/15/2006 9:53:19 PM PDT by marajade (Yes, I'm a SW freak!)
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To: Jrabbit

I'm still in shock over the apparent conversion of Kimberly Guilfoyle...Even she thinks Nifong is out of bounds. Finally!


1,288 posted on 05/15/2006 9:53:37 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: sinkspur
According to another web site that revealed her identity she registered to vote in 2004.

If this is the case, we could have a very interesting case of felon vote fraud in the State of North Carolina, especially in the light of Nifong's recent primary win.

Voter Reg. No: 000030067414
Owner ID: 8270321
Residence: 2111 Charles St. Durham, NC 27707-2907
Registration Date: Sept. 10, 2004
Birthplace: North Carolina
Party: Democratic
Precinct: 09
Congressional: 4th Congress
School/Ward: 2A Ward 2
1,289 posted on 05/15/2006 9:54:10 PM PDT by rwilson99 (Too soon... to forget. See United 93)
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To: Neverforget01

So now its a son thingy? And that excuses someone from committing assault? A man thing?

Does that also mean its an excuse for rape? Because its a man thingy?


1,290 posted on 05/15/2006 9:54:39 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade
Maybe not probation but violation of a diversion program, whatever.

Yeah, whatever Ms. I work for a prosecutor but I am so fast and loose with the truth I don't know the difference between diversion and probation. We really really believe you work for a prosecutor.

1,291 posted on 05/15/2006 9:55:21 PM PDT by JLS
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To: GAgal
"His proof was that Evans used the word "exculpable" and Ted didn't think he would know that word."

that was almost laughable......one would think they could find a better representative than Ted...he doesn't even speak clearly...

1,292 posted on 05/15/2006 9:55:54 PM PDT by cherry (.)
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To: JLS

Bottom line is because of the involvement in this case, it is pulling the trigger for him to be charged in an assault case.


1,293 posted on 05/15/2006 9:56:36 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

How the hell is trying to run over a cop a misdemeanor.

Nice legal system.


1,294 posted on 05/15/2006 9:56:50 PM PDT by rwilson99 (Too soon... to forget. See United 93)
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To: TexKat

Some of the stupidest people on earth post at that forum.

The rest of them post on immigrations threads right here at FR.


1,295 posted on 05/15/2006 9:57:30 PM PDT by Howlin
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To: cherry

My favorite is the DNA expert Rita has on (The Chinese guy). Can't understand a word he says.


1,296 posted on 05/15/2006 9:57:31 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: marajade
Just because there wasn't any legal action taken in the case doesn't mean it didn't happen.

Legally, and for all practical purposes, it does.

1,297 posted on 05/15/2006 9:57:32 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

I've been accused of not knowing the facts in this case on FR.

But I do know for certain she pled guilty to misdemeanors.

Last I knew, a misdemneanor conviction was a misdemeanor, not a felony. So your accusation she is voting as a convicted felon is out of line.


1,298 posted on 05/15/2006 9:58:38 PM PDT by marajade (Yes, I'm a SW freak!)
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To: marajade

If the DA was taking him out of the diversion program, he must of done something.
_________________________________________

So you don't even understand what a diversion program is? His case was revived because he was indicted in Durham. It has nothing to do with whether or not he did something in DC. "WHATEVER"


1,299 posted on 05/15/2006 9:58:49 PM PDT by JLS
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To: marajade
I've been here for many a year. Please.

Yes, I know...that's why I called you a sleeper troll.

1,300 posted on 05/15/2006 9:59:39 PM PDT by Krodg
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