Grand jury may consider new charges in Duke case

Raliegh Observer ^ | 5/15/06 | Ben Niolet

[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.

[Protect the Bill of Rights]

I just happen to have PSP open--be right back

[Locomotive Breath]

Could be too. Entirely possible that Kim is a thief.

[Protect the Bill of Rights]

WE REPORT YOU DECIDE

[stands2reason]

Thanks, guys. Y'all and Peach are wonderful! I never have to listen to the radio or watch TV! My blood pressure appreciates it heartily. :-)

[Carolinamom]

The pic I saw on TV was a back view of them walking away after the interview.

[Neverforget01]

OUCH!!!

[RecallMoran]

I thought it was semen. I understand now that it was just dna

[Neverforget01]

Nancy Grace reporting on Duke tonight?

[stands2reason]

Sure, anytime!

[stands2reason]

I believe it's very likely there were drugs in her system, self-ingested. Remember the interview of the strip club owner who recalled that CGM was in a drugged-like state when she auditioned for him?

Bam, she drugs up to dance.

[stands2reason]

That is very likely.

[stands2reason]

District Court Judge David Labarre

Have we found our Judge N. Sanders Sauls of this case?

An early shot across the bow...

[stands2reason]

That's a MAN, BABY!!!!!

[Ken H]

Don't know if you've seen this, but here is a blog/forum by some folks who call themselves "friends of Duke LaCrosse" (which could explain the name of the forum). It's only been online for a couple of weeks, so there are not that many posts yet. I gather that most of the people there are Duke alumni, or have some Duke connection.

http://www.friendsofdukelacrosse.blogspot.com/

[pepperhead]

A judge found a Duke University lacrosse team captain not guilty of vioating the city's noise ordinance on Tuesday, saying authorities "could make better use" of the court's time than by bringing such minor misdemeanors to trial.

Guess we won't be hearing about this from the MSM. The only way this could have been better is if the judge made Nifong personally pay for the court costs. LOL

[Protect the Bill of Rights]

Does anyone have any idea of the cost of this one court appearance?

[Wild Irish Rogue]

" Kim claims she didn't drink at the party, but the guard says Kim smelled of alcohol."
The taped interview of the security guard is here
http://abclocal.go.com/kgo/story?section=nation_world&id=4089980

Naturally, that conflicts with The Embezzler's recollection.
Jason Carroll of CNN interviewed The Embezzler on April 21
http://transcripts.cnn.com/TRANSCRIPTS/0604/21/pzn.01.html

ROBERTS: .... And, mind you, I believe I was the only sober person in the place.

[toldyou]

Civil cases already being discussed by Mangum's and Robert's attorneys.

http://www.foxnews.com/story/0,2933,195753,00.html

[mystery-ak]

I think we all knew that would happen....she picked the richest players on the team.....she had 3 weeks to research them...

[pepperhead]

WTF the 2nd "stripper" wants a civil suit? This is a load of crap. I hope her lawyer rushes to the courtroom to file. This will only further destroy her as a witness for the prosecution.