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.
He just went in and said "this woman was raped. She IDed this man. There is DNA matching him under her fingernail. The nurse at the hospital said she had injuries consistent with rape. They used black slurs." That's all it took and no one asked any questions. Less than 1 min to return an indictment.
He looks so much like Reade.
Against her will.
Can't argue with that. At the top of the hour CBS radio news said a third indictment was handed down. And the lawyer said that if his client is indicted that the client will be making public statements. At this time, I don't know the name of the third person indicted, but I guess we'll find out soon enough.
I don't know!
But Abrams says he is the one she identified as having a moustache and that he is the one she will claim choked her. Because she said the other two didn't.
Bourlan just said on Fox the lack of DNA "was just a distraction".
Crystal was in the bathroom talking on the phone. That's the first time I've heard that. That might upset the "time frame". Can you verify where that info came from?
Dave Evans.
His mother is the president of the LPBA and his father is one of the biggest lobbyists in D.C.
And I'll bet the eat with Bob Bennett.
I'm practically in tears....Fox has his pic plastered on the screen...Judge N. saying NiFong must have strong DNA evidence...or an admission from Evans...her ID was too weak for an indictment...
Not necessarily. The GJ is totally one-sided, remember.
Nifong has clearly loaded the panel with Yes Men/Women. 66 indictments in 3 hrs is virtually impossible. That would be approx 3 minutes per charge. Unbelievable.
One thing we know, based on this GJ, they'll never get a fair trial down there.
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Not really, Grand Juries indict. I am not sure what the chance of a fair trial in Durham. Certainly the defense will seek a change in venue. It would be hard to get a unanimous acquital there maybe?
How could she be only 90% sure about the person who choked her? What crap.
How many times can that stupid judge be wrong?
Even I know he has neither!
I believe the others are, too.
Wonder if she had bruises on her neck from being choked? I hate to be this graphic but, ewww gross, how would you perform oral sex while being choked? I guess it wasn't at the same time? (b/c it never happened)
I'd have to go through about 4000+ posts. I didn't bookmark it.
Each GJ member must be equipped w/a rubber stamp for 'indictment approved.'
I laughed my butt off when it was explained to me last time. I thought "you mean when I sent my kids to their room and did not let them come out, I kidnapped them?" :-)
Judge N is an idiot---Chesire at the news conference told us of the lack of DNA that pointed to the Duke kids.
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