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.
Cheshire: I want to start my comments by reading to you a statement that Mr. Nifong made to the press on 3/30. I inquired why is he going out and saying they are guilty and saying this is a gang rape. Nifong says he hasn't accused anyone of anything which you all know is not true.
He said he wouldn't make arrests unless DNA tests turned up conclusive. "I do believe sexual assault occured and haven't pointed to anybody. It's possible the DNA would come back and we'd see it was someone who didn't match the profile of the lacrosse playesr" - Nifong said.
The DNA is back a second time and it doesn't match the lacrosse players. The only source DNA shows it was somene who wasn't a duke lacrosse player.
Yes! They have tried time and time again to meet with him, show him their evidence, etc.
He has refused; hell, he refused this very morning.
Yes, eight out of the 17 candidates running for office in Durham had criminal records. I found lots of interesting information on a WRAL website and a few other places.
"By state averages, Durham has an unusually high number of candidates with a criminal record. State Board of Elections Director Gary Bartlett says there is usually one candidate in one race across the state every year."
One candidate had over 30 incidents. Some were driving with license revoked or no registration but many were for assault, forgers, embezzlement, bad checks, on and on.
The place sounds like a third world cesspool yet Durham says it wants to be a tourist destination.
As late as 9:30 today.
Nifong won't listen to exculputory evidence....WTF!
Nifong knows that David Evans has NEVER had a moustache!
They gave him pictures of the day before, the day of, and the day after to prove it!
My god.
Nifong is not only stupid, his stupidity is being revealed to the world by Cheshire.
Cheshire: The evidence against David is, and what David told you is correct. We've sought time and again to meet with Nifong and to show him exculpatory evidence and he's refused to speak with us as late as 9:30 today. We have aske dhim to speak with David Evans. He's refused.
In the lineup that's been talked about, even though it's suggestive and unconstitutional, this false accuser pointed out David Evans with 90% certainty. She was then asked if she was sure. She said "well, if he had the mustache he had thenight of the attack, I'd be 100% sure". David Evans has never had a m ustache and Mr. NIfong knows it.
We've given him photos from the day before, the day after and scores of people who have said he never had a mustache.
That is one of the pieces of evidence Nifong is using.
Evans was at the house tha tnight. He lived there. We will provide evidence where he was each and every minute of that evening and it will prove unquestionably that this rape not only didn't happen, but it could not have happened.
True that she pointed dave evans out with 90% certainity but said he had a mustache. David evans has never had a mustache. Has pic of evans day before and day after + witnesses.
You're really, really good.
I'll bet they ALL took lie detector tests for the attorney. No attorney wants a liar for a client.
I told you the first day that I know who these attorneys are and that not a one of them would EVER go on national TV and say their clients were innocent if they weren't positive.
Cheshire: Then we hav ethe DNA evidence that came out last Friday which does show no conclusive match to any lacrosse player. They are unable to exclude one match on a plastic fingernail in the trash can which contained numerous items which we will show you.
That according to our experts is as weak a DNA analysis as we can have. You all just wait until you see the fingernail and match it up to the false accusers statement. It will show you a tremendous amount.
This is one of the saddest days for justice in the STate of North Carolina. This case has been taken out to the news media before an investigaiton was finished by a person seeking public office.
He is furious, can you tell?
Sac, I'm almost crying. I kept seeing my oldest son up there when he was in school. It could be any of our kids.
THEY ARE GOOD BOYS!
Oh, yeah.
I have tears in my eyes. I picture him as one of my sons.
This is really unbelievable Howlin.
Unless there is some blockbuster evidence that no one seems to know about- this is one of the WORST things I've ever seen.
Appalling.
Yes, he is mad as hell and will hold nothing back to defend his client. You are right, it will be a blood bath.
pattyjo
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