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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: ltc8k6

Ok good. That's been bothering me. I think it came from the lawyer guy (Dr. Bob it sounded like) that Sean had on yesterday. Well of course there is DNA on the towel--I would imagine that every towel in America has DNA on it. Please.


1,681 posted on 05/16/2006 10:08:24 AM PDT by RecallMoran
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To: darbymcgill

That's because it's tied to the Greenwich Meridian and "time" is part of the computations.


1,682 posted on 05/16/2006 10:08:52 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: ltc8k6

That's why I can't even see them doing DNA on anything except body fluids. The bathroom is probably the most DNA contaminated site in the house. Part of DNA analysis is setting up controls for contamination. "Change your gloves and change them often".


1,683 posted on 05/16/2006 10:12:34 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Sacajaweau

My cell phone has an option of "constant" GPS or "911 GPS". I assume that that the 911 option allows only emergency personel to use it, if for example, I called and then keeled over and they wanted to see where it was from or the like. I don't know why anyone would want constant except perhaps one could track their teenager that way? Question is whether there are records of GPS for all partisipating cell phones. That would seem to be a lot of records.


1,684 posted on 05/16/2006 10:28:38 AM PDT by RecallMoran
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To: RecallMoran
If I recall correctly from early on, Kim either blocked her caller ID when making that 1st 911 call or Durham's phone system was so antiquated that it couldn't pick it up. This caused a lot of debate about the origin of the call that ended when Kim finally admitted that she made the call. If Durham couldn't pick up caller ID on a 911 call, I wonder if they could pick up GPS position on a 911 call?
1,685 posted on 05/16/2006 10:34:05 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

Every time we start talking about the DPD I picture Barney Fife. He would have done a better job. They seem to have no professional chain of evidence, promptness of investigation or ability to read caller id. My dad would have called it a Chicken Sh*t outfit.


1,686 posted on 05/16/2006 10:43:29 AM PDT by RecallMoran
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To: RecallMoran

I think this is where the "tissue" vs dna comes in. I'm guessing that the DNA found on the nail was from the wastebasket or from sweat/fingerprint-cells when it was handled. That dna would be on the top and bottom of the nail and would not be complete dna like one would get from semen or blood or spit.
_____________________________________________________

Exactly, if there were tissue over/under the nail, then a full 13 point profile would have been available. It wasn't so it was minute amounts of DNA.


1,687 posted on 05/16/2006 10:46:20 AM PDT by JLS
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To: RecallMoran

Except Barney worked for Andy, who did have a clue, and they were both basically honest.


1,688 posted on 05/16/2006 10:47:21 AM PDT by Locomotive Breath (In the shuffling madness)
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To: za_claws

Okay--Thanks-I appreciate it. I saw Dan Abrams show, but couldn't remember.....


1,689 posted on 05/16/2006 10:51:54 AM PDT by sissyjane (Don't be stuck on stupid!)
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To: JLS

Next we'll have the DA accuse the clever evil Dave Evans of intentionally corrupting the DNA on the nail by picking it up and handing it to the investigator.


1,690 posted on 05/16/2006 10:54:49 AM PDT by Locomotive Breath (In the shuffling madness)
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To: JLS
That Lady with the Scale is a good image in this case.

Weigh "not a perfect DNA match" on a nail found in the wastebasket in the owners house against a NO MATCH for semen of any of the boys in/on her body.

The search is for evidence of rape not evidence of a scratch. That would verify ONLY her "fighting to the death" story.

The search is not for DNA. The search is for SEMEN with their DNA.

1,691 posted on 05/16/2006 10:59:48 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Locomotive Breath
I wonder if they could pick up GPS position on a 911 call?

I think part of it depends on their 911 system. I'm pretty sure they have to request a gps location on a 911 call which signals the towers to do the search.

On most camera type phones, when you take a picture, I think the tower information is embedded in the file metadata. But, I'm pretty sure that each call does not trap gps data on the cell phone itself for normal cell calls. Although I'm pretty sure a subpoena could capture at least the tower information from the provider.

1,692 posted on 05/16/2006 11:00:48 AM PDT by darbymcgill
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To: darbymcgill
"signals the towers to do the search"

I was thinking that the phone itself, having in it a true GPS receiver which is talking to the GPS sats overhead, would already "know" its own position. I would think that information would be automatically unblocked on a 911 call, but then I thought caller ID would be automatically unblocked on a 911 call and apparently Durham PD didn't get that.
1,693 posted on 05/16/2006 11:09:21 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Carolinamom

I thought I heard her say "human flesh". I guess she added "human" for dramatic purposes, and not to let us know the accuser hadn't been out cleaning fish.


1,694 posted on 05/16/2006 11:19:15 AM PDT by GAgal
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To: Locomotive Breath
I was thinking that the phone itself, having in it a true GPS receiver which is talking to the GPS sats overhead, would already "know" its own position.

From what I understand an actual GPS capable phone is more accurate and most often talks to a tower to get it's location. Unless directed to actually talk to the satellites specifically such as being outside a cellular area or for some other reason, it does not do so.

As far as the operators turning on and off functions of a cell phone during a call, I'll need to talk to my 911 buddies and get back to you... I know for sure it depends on whether E911 (enhanced) is installed in the call center or not...

1,695 posted on 05/16/2006 11:30:25 AM PDT by darbymcgill
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To: Locomotive Breath

Nifong: "Obstruction of justice!"


1,696 posted on 05/16/2006 11:31:57 AM PDT by ltc8k6
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To: GAgal

Nancy Grace
She also said things like she paid $60.00 for her fingernails and they were painfully ripped off of her.

1,697 posted on 05/16/2006 11:35:27 AM PDT by za_claws
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To: darbymcgill
If I remember it from my local former cell-phone builder, the "look at the towers to find position" function is not implemented at all anymore because true GPS became very cheap.
1,698 posted on 05/16/2006 11:37:20 AM PDT by Locomotive Breath (In the shuffling madness)
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To: za_claws

Yep,they broke off when she scratched her attackers. That's what she said.


1,699 posted on 05/16/2006 11:44:04 AM PDT by ltc8k6
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To: Locomotive Breath
If I remember it from my local former cell-phone builder, the "look at the towers to find position" function is not implemented at all anymore because true GPS became very cheap.

That doesn't really surprise me, with the new phones... some of this technology is like the betamax...

I tried to find you a quick and dirty source of how I understand the process... you might read this guys explanation here

I'm not a GPS expert but the GPS tools I've used recently are a bit slow and have varying degress of accuracy. My guess is that something similar to shot link used by the golf folks will be in future releases. They can tell you how long a putt is to the inch.... But that means more hardware on the already packed towers and a new "VHS" phone...

1,700 posted on 05/16/2006 12:01:44 PM PDT by darbymcgill
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