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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: Howlin
And there is no sodomy, so no broomstick!

I thought that could be covered under the "sexual offense" charge. Wasn't there a lot of discussion about that when the other two were indicted with the same charges? I remember something like that.

261 posted on 05/15/2006 10:41:35 AM PDT by Shelayne (Antique Media--losing value everyday...)
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To: ladyjane

Seriously??

I'm going to have to turn on my digital cable channel because I know the cables won't show the whole press conference (takes up too much time away from B O R D E R S).

Plus, I'm going to listen to the local talk show at 3 p.m. to get the "feel" of people around here.


262 posted on 05/15/2006 10:41:40 AM PDT by Howlin
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To: JLS

I despise them.


263 posted on 05/15/2006 10:41:42 AM PDT by Jrabbit (Scuse me??)
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To: Carolinamom

He has one child. As I posted what seems to be a year ago he apparently has two nephews that play lacrosse for Jordan High School in Durham.


264 posted on 05/15/2006 10:41:46 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Darlin'

Nifong is a new to a powerful position and is old enough this may be it for him. He is too stupid and drunk on power late in life to listen to advice from a "come to Jesus" meeting.


265 posted on 05/15/2006 10:41:53 AM PDT by JLS
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To: Howlin

Why isn't there a right to a speedy trial in NC?


266 posted on 05/15/2006 10:42:31 AM PDT by Peach
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To: Jrabbit

They make it pretty easy to despise them don't they?


267 posted on 05/15/2006 10:42:55 AM PDT by JLS
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To: Howlin; All

A reminder---bite the bullet and watch Nancy Grace. Given the little bitch slap Cheshire gave her Friday night, it might be interesting.


268 posted on 05/15/2006 10:43:37 AM PDT by Protect the Bill of Rights
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To: Jrabbit

I dunno, haven't a clue. Guess they've all be brainwashed by the feminazis or intimidated by the likes of that "Malik" character or Jesse Jackass.


269 posted on 05/15/2006 10:43:52 AM PDT by Darlin' ("You said would I apologize for that?" Bush told him. "The answer is absolutely not.")
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To: Shelayne

I hear ya. I admit that when I heard Durham was under a tornado watch last night, I wished it would touch down only long enough to transport Nifong and his little dog Bourlan "over the rainbow".


270 posted on 05/15/2006 10:43:56 AM PDT by GAgal
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To: Howlin
I guess this question exposes me as a out of the loop bumpkin,Howlin, but who the heck are the Bradlee's?
271 posted on 05/15/2006 10:43:57 AM PDT by F.J. Mitchell (Stop whining! Everyone has their own bear to cross.)
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To: Shelayne

They did not mention a broom in any of the warrants. No broom was seized. There is a pic of a broom still leaning against the house at the top of the steps, I believe.

It's probably still there.


272 posted on 05/15/2006 10:44:30 AM PDT by ltc8k6
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To: Locomotive Breath

Thanks. I know that I am broad brushing here, but imo Durham seems to be North Carolina's New Orleans twin.


273 posted on 05/15/2006 10:45:16 AM PDT by Carolinamom
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To: F.J. Mitchell

I agree, but was attempting to commit diplomacy.


274 posted on 05/15/2006 10:45:58 AM PDT by MortMan (Trains stop at train stations. On my desk is a workstation...)
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To: Howlin

MSNBC is showing microphones for the presser....


275 posted on 05/15/2006 10:46:11 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: ltc8k6
There is a pic of a broom still leaning against the house at the top of the steps, I believe. It's probably still there.

If it's smart, it should be heading toward the state line.

276 posted on 05/15/2006 10:46:42 AM PDT by jiggyboy
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To: All

This is gonna be a long news day...I have already informed hubby to bring burgers home for supper...lol


277 posted on 05/15/2006 10:47:17 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: GAgal
Grand jury indicts third lacrosse player

From staff reports

DURHAM -- A grand jury indicted Duke lacrosse player Dave Forker Evans, a senior and team captain from Bethesda, Md., for first degree rape, first degree sexual offense and kidnapping today.

His lawyer, Joseph B. Cheshire V, said he expected Evans to turn himself in at the jail at 2 p.m.

Evans, a co-captain, is one of three lacrosse players who lived at the house at 610 N. Buchanan Blvd. An exotic dancer has charged that she was gang raped at the house at a party on March 13.

Earlier today, District Attorney Mike Nifong had harsh words for lawyers representing the team players.

In a private conversation that could be heard across the 6th floor, Nifong told lawyer Kerry Sutton that he was unhappy with a Friday press conference in which defense attorneys said a second round of DNA tests could not conclusively link any player to the March 13 incident.

Lawyers accused Nifong of leaking those results before he delivered the written test report to them on Friday afternooon. The Friday evening press conference was hastily called after nearly a day of media reports, credited to anonymous sources, claiming that DNA material found under a false fingernail belonging to the accuser might implicate one of the lacrosse players.

This morning moments after Nifong spoke to Sutton, Raleigh lawyer Joseph B. Cheshire V, who represents a lacrosse team captain, tried to see Nifong, but was told that the district attorney was not available.

On April 17, a Durham grand jury indicted Reade Seligmann, 20, and Collin Finnerty, 19, with first degree rape, first degree sex offense and first degree kidnapping. Lawyers for the men say they are innocent.

Since March 14, Durham police say they have been investigating the report from an escort service dancer who said she was assaulted by three men at a lacrosse team party at 610 N. Buchanan Blvd.

278 posted on 05/15/2006 10:48:38 AM PDT by TexKat
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To: Carolinamom

Yes, he's married. His wife is part of the "apparatus" in Durham. This was learned during Freeper "discovery" thread #1.


279 posted on 05/15/2006 10:48:40 AM PDT by Alia
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To: mystery-ak

This press conference, the president's speech, "24", and two hour finale of Grey's Anatomy.

I got all my chores done this morning and my husband is making dinner on the grill and corn on the cob; then he's on his own. LOL


280 posted on 05/15/2006 10:48:51 AM PDT by Peach
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