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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

He asked to take a polygraph.

Nifong has refused to talk to him!


361 posted on 05/15/2006 11:24:40 AM PDT by Howlin
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To: Howlin

C'mon Dave! We're with ya! You've every right to be righteously furious!


362 posted on 05/15/2006 11:24:50 AM PDT by Alia
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To: All

They refused my polygraph. - Evans


363 posted on 05/15/2006 11:24:56 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Howlin

he took polygraph...and passed!


364 posted on 05/15/2006 11:25:08 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: mystery-ak

Yes he is! Did he just say he wanted to take a polygraph and they wouldn'y let him???

wow

pattyjo


365 posted on 05/15/2006 11:25:13 AM PDT by pj_627
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To: mystery-ak

HE TOOK A POLYGRAPH!

Retired top FBI polygrapher (I told you these people KNOW people!)

He passed.


366 posted on 05/15/2006 11:25:28 AM PDT by Howlin
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To: mystery-ak
This is great. Evans is taking it to Nifong in public.

When will Nifong appear before the press again?

367 posted on 05/15/2006 11:25:31 AM PDT by sinkspur ( OK. You've had your drink. Now why don't you tell your Godfather what everybody else already knows?)
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To: P-40; MortMan; Howlin
They usually have a great degree of immunity from prosecution...so that may be tough.

A prosecutor acting in the role of an investigator has no civil immunity. If he swore out an affifavit in support of an indictment, he would be acting in the role of a complaining witness. If so, he loses immunity for a civil rights casue of action.

The judge might allow the case to go forward if for no other reason than to help give Nifong a bit of 'cover' in an eventual civil action.

There is also no immunity for statements made outside the courtroom, so he is open to a defamation claim. He probably figured that out after 70 press interviews, some of which named the suspects by name and calling them rapists. That is likely the main reason he is no longer doing interviews.

Does anyone know if the Crystal Mangnum appeared before the grand jury. I doubt it because if she did and the grand jury did their job, there would not have been an indictment.

368 posted on 05/15/2006 11:25:49 AM PDT by connectthedots
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To: pj_627

Yes, he did offer to and the DPD refused.

Several of them did.


369 posted on 05/15/2006 11:25:59 AM PDT by Howlin
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To: Howlin

Evans says they are all innocent. Allegations are lies. Roommates and he fully cooperated. Gave a statement and DNA and e-mail and Aim accounts. DA refused polygraph offer. Passed poligraph. DA no interst in his evidence.

Thanks many but NOT DUKE UNIVERSITY.


370 posted on 05/15/2006 11:26:13 AM PDT by JLS
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To: F.J. Mitchell

Cheshire: Respect their presence here and they don't want to answer questions. It's been a difficult imte for the university. You love your teammakes and the men are here to support David, Colin and ? as no crime was committed on the evening in question. So please, have that respect.

David's family is also here and again we understand ...please have respect for these people. They are the mothers and fathers of innocent, wrongly accused people. They are victims and they are suffering.

David: I want to thank you all for letting me speak to you today. I'm the captain of the Duke Univ. Lacrosse team. I'm relieved to speak on behalf of my family and team. I'm absoultey innocent of all charges. Reed and Colin are innocent of the scharges against them. These allegations are lies. Fabricated and they will be proven wrong.

If I coujld go back 2 months when police cam eto my home - I cooperated fully wiht them. My roommate and I helped police for overa n hour. After that I gave an uncounseled statement because I knew I'd done nothing wrong and didn't need an attorey.

After going through photos of my teammates and id'ing who was there, I voluntearily gave DNA to the police and gave my e-mail and other information to police. I offered a polygraph which was refused by the police department.

I've attempted through my lawyer to contact the DA. All attempts were denied. I tried to give him exculpatory evidence and it was denied.

The true story and evidence proving my story is correct, I asked my lawyer to give me a polygraph administered by a former top FBI agent with 20 years of experience. HE's done hundreds of sexual cases. And I passed it absolutely. Because i've done nothing wrong and I'm telling the truth.

I'd like to thank yyou to my family, coach and friends. I've always taken pride in my name and take pride in my name today. I've never had my character questioned before. I appreciate your support.

I love all my teammates. IT was an honor to be voted captain and it was the greatest honor of my life.

I'm innocent. We're all innocent. You've all been told some fantastic lies. And i look forward to them unraveling as the yhave in the weeks past.


371 posted on 05/15/2006 11:26:26 AM PDT by Peach
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To: sinkspur

Sure he will.

"Fantastic lies!"


372 posted on 05/15/2006 11:26:28 AM PDT by Howlin
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To: sinkspur

The mother looks devastated....as I would be...


373 posted on 05/15/2006 11:27:02 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: Howlin

Pretty straightforward statement from Evans.


374 posted on 05/15/2006 11:27:20 AM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: Jrabbit

DURHAM -- A 23-year-old woman was arrested Friday on charges she was driving a stolen taxi and tried to run over a deputy who was pursuing her on DWI, speeding and other offenses.

Crystal Gail Mangum of 211 Charles St. faces 10 charges, including driving while impaired, driving with a revoked license, eluding police, reckless driving, failure to heed a siren and lights, assault on an officer and larceny of a motor vehicle, warrants say.

At 12:42 p.m. Friday, deputy J.P. Carroll spotted the stolen cab at Angier Avenue and Page Road and turned on his lights and siren. The driver fled, arrest warrants say. The chase led onto U.S. 70, where speeds reached 70 mph. After the car traveled into a wooded area, warrants say, Carroll approached, but the taxi driver drove toward him. He jumped away, bumping his vehicle.

Further information wasn't available, but warrants say both cars sustained damage. Mangum, jailed on $ 75,000 bail, is to appear today in District Court.

ANOTHER RUN-IN WITH THE LAW

Woman charged in taxi theft, chase News and Observer (Raleigh, NC) June 24, 2002 Monday,,

Crystal Gail Mangum, 23, of 2111 Charles St. was charged with larceny of a motor vehicle, driving while impaired, assault with a deadlyweapon, damage to real property and resisting an officer, among otheroffenses, the warrant states.

Mangum allegedly drove the stolenblue Durham Taxi Associates cab toward a Durham County sheriff'sdeputy, forcing him to jump out of the way and causing $200 of damageto his 2002 Crown Victoria cruiser, the warrant states. The deputy hadstopped Mangum because he suspected her of driving while impaired, thereport states.

Mangum was taken to Durham County Jail and held on a $75,000 secured bond.
Crime Log The Herald-Sun (Durham, NC) June 23, 2002 Sunday


375 posted on 05/15/2006 11:27:25 AM PDT by floridaobserver
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To: mystery-ak
I am choked up!

That poor guy!

376 posted on 05/15/2006 11:27:43 AM PDT by Repub4bush (Congratulations Tony!!!!!!!!!!!!!!!)
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To: sinkspur

These people will not take this lying down.

This is going to be a bloodbath.


377 posted on 05/15/2006 11:27:49 AM PDT by Howlin
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To: Howlin

Wait a sec, do you mean the prosecutor doesn't want to talk with the alleged perp (even with lawyers present)?

Something is seriously amiss in this entire case.


378 posted on 05/15/2006 11:27:57 AM PDT by SE Mom (God Bless those who serve..)
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To: Repub4bush

me too.....


379 posted on 05/15/2006 11:28:13 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: JLS

He thanked the Coach for standing with and by them all.


380 posted on 05/15/2006 11:28:18 AM PDT by Alia
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