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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

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To: Carolinamom

Without the culture, history or food.


301 posted on 05/15/2006 10:58:09 AM PDT by Locomotive Breath (In the shuffling madness)
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To: GAgal
You know how the accuser is said to "scream at the sight of white men"?

This should get real interesting when she is faced, at trial, by all those white lawyers in the courtroom!

302 posted on 05/15/2006 10:58:26 AM PDT by Tarheel (When I die I am Tarheel dead.)
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To: sissyjane

He's suppose to turn it over today, but he says he's not ready.


303 posted on 05/15/2006 10:58:52 AM PDT by Howlin
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To: F.J. Mitchell

:-)


304 posted on 05/15/2006 11:00:39 AM PDT by Peach
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To: Howlin

Is the presser on that internet site?


305 posted on 05/15/2006 11:00:58 AM PDT by Jrabbit (Scuse me??)
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To: sissyjane

Sunday, May 14, 2006
Missing Evidence? Defense says Nifong has not provided discovery in case


THE ASSOCIATED PRESS

RALEIGH

For weeks, defense attorneys have stood in front of TV cameras and granted countless interviews to eagerly pronounce the innocence of Duke University lacrosse players accused of rape.

Meanwhile, the man charged with prosecuting the case has remained largely silent, apparently even to those defense attorneys.

The defense says that two rounds of DNA testing have failed conclusively to link any player to the woman who told police that she was raped at a March 13 team party in Durham, where she was hired to perform as a stripper. They add that District Attorney Mike Nifong has provided little evidence through discovery, leaving them to wonder what other evidence is out there.

"You'd think he'd have the statements of the woman," Kirk Osborn, who represents charged sophomore Reade Seligmann, said yesterday. "You'd think he has the hospital reports. You'd think he has a toxicology report. You'd think he'd have all of that. And that's all discoverable."

The woman, a 27-year-old black student at nearby N.C. Central University, told police that she was raped and beaten for a half-hour by three white men at the party. A grand jury has charged Seligmann of Essex Fells, N.J., and Collin Finnerty of Garden City, N.Y., with rape, kidnapping and sexual assault.

Nifong has said that he hopes to charge a third person, and he could do so as early as Monday at the next meeting of the Durham County grand jury.

Nifong - who has declined daily requests for comment from The Associated Press - has said little else about the facts of his case, other than that he firmly believes that a rape occurred and doesn't need DNA evidence to move forward.

"We don't know what else the prosecution may have," said Stan Goldman, a professor at Loyola Law School and a former public defender in Los Angeles County.

Other evidence might include a lacrosse player willing to testify for the prosecution, although that's a prospect that defense attorneys have strongly dismissed.

"Every single one of these young men steadfastly deny that anything of a sexual nature took place with this accusing woman whatsoever," said defense attorney Bill Thomas, who represents an uncharged player.

Defense attorneys say that Nifong's silence extends to them. Attorney Joseph Cheshire, who represents a team captain who has not been charged, said that Nifong has not responded to several requests for discovery.

"Generally, when people bring indictments, they have made their case and they have the discovery to give to the defendants," Cheshire said. "It's awfully strange when a person is charged and the district attorney says he doesn't have his discovery. It's kind of like putting the cart before the horse."

The issue led Finnerty's attorneys to successfully delay a preliminary court appearance scheduled for Thursday to mid-June. According to their motion, Nifong said he would not have "a complete set of discovery available for the defendant."

Osborn said he has received a report on the photo identifications made by the accuser, and Nifong has provided defense attorneys with the results of two rounds of DNA testing. Nifong hasn't commented directly on the results, but defense attorneys said that the first round - conducted at the state crime lab - found no match between the 46 players tested and the accuser.

The second set of tests, ordered by Nifong and performed at a private lab, found no conclusive match between any player and the accuser, defense attorneys said. They said that the tests found some genetic material from several people on a plastic fingernail that had the "same characteristics" as some of the players but not the two who have been indicted.

The nail was found in a bathroom trash can at the off-campus house where the party took place, and was among items - such as Q-Tips and Kleenex - that defense attorneys suggested might have contaminated the nail.

Wade Smith, one of two attorneys representing Finnerty, said at a news conference at his office in Raleigh that the latest DNA test "is a total and complete failure if the prosecutor intended to find something that would be useful."

Cheshire said that the tests also showed that genetic material from a "single male source" was found on a vaginal swab taken from the accuser, but that the material did not match any of the players.

After Monday's grand jury meeting, the case will next appear in a courtroom on Thursday, when Seligmann is scheduled to appear. Osborn said he will proceed then with arguments about the lack of discovery evidence.

"I don't know what it's going to take to convince (Nifong) he doesn't have a case and these kids never did it," he said.


http://www.journalnow.com/servlet/Satellite?pagename=WSJ%2FMGArticle%2FWSJ_BasicArticle&c=MGArticle&cid=1137836065663&path=!localnews&s=1037645509099


306 posted on 05/15/2006 11:01:17 AM PDT by Howlin
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To: Howlin

Surely he will be made to turn over what he has: witness statements/police reports to date and SANE/TOX reports.


307 posted on 05/15/2006 11:01:21 AM PDT by GAgal
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To: SirJohnBarleycorn
So, without knowing exactly what is in the full DNA report, it probably on balance helps the defense and they will not seek to have the results thrown out.

Evans could ask to separate the case from the other two and ask to have the DNA thrown out.

308 posted on 05/15/2006 11:01:41 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Howlin

Here we go on FNC.

Sounds like they're going to cover the news conference from Evans and lawyers.


309 posted on 05/15/2006 11:01:51 AM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: Jrabbit

Is anybody watching CNN? What are they talking about polygraphs for?


310 posted on 05/15/2006 11:02:12 AM PDT by Howlin
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To: Wild Irish Rogue

I think the phrase "broken off" is used loosely to mean they came off. I understand the defense says the ones with the DNA were never appled.


311 posted on 05/15/2006 11:02:49 AM PDT by js1138 (Well I say there are some things we don't want to know! Important things!")
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To: Jrabbit

http://www.wral.com/index.html

The link is right there on the left.


312 posted on 05/15/2006 11:02:50 AM PDT by Howlin
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To: FreedomPoster

I wonder how long before they cut away from it.


313 posted on 05/15/2006 11:03:59 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Howlin

The MSNBC reporter just said, "What does Nifong HAVE against these young men?" but the better question is "What does Nifong have AGAINST these young men?"


314 posted on 05/15/2006 11:04:09 AM PDT by GAgal
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To: Wild Irish Rogue

Exactly! I am under the impression that they are WHOLE; in fact, some were found AFTER the police searched the house supposedly.

And if there was DNA on the fingernails, why wasn't there any on her OTHER nails?


315 posted on 05/15/2006 11:04:27 AM PDT by Howlin
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To: TexKat
These 3 duke players are being indicted on "thought crimes".

I know you'll know exactly what I mean.

316 posted on 05/15/2006 11:04:54 AM PDT by Alia
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To: Howlin

No...still on Fox....don't know why...Judge N is on....gag


317 posted on 05/15/2006 11:05:01 AM PDT by Jrabbit (Scuse me??)
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To: Howlin

On CNN picture of Black woman in front of microphones looks like our AV--Crystal...


318 posted on 05/15/2006 11:05:29 AM PDT by sissyjane (Don't be stuck on stupid!)
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To: Howlin

Had to leave for awhile...back now and ready for a rumble. (The News Conference)


319 posted on 05/15/2006 11:05:39 AM PDT by txrangerette ("We are fighting al-Qaeda, NOT Aunt Sadie"...Dick Cheney commenting on the wiretaps!!)
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To: ltc8k6
And no condoms. The boys must have all got vasectomy's or had themselves castrated in preparation for their scheme to rape and sodomize a neurotic dancer at their next party. Are they geniuses or what?
320 posted on 05/15/2006 11:05:59 AM PDT by F.J. Mitchell (Stop whining! Everyone has their own bear to cross.)
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