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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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The charade continues
1 posted on 05/15/2006 7:14:14 AM PDT by pissant
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To: pissant

Maybe they should indict her boyfriend, since his seamen seems to be the only seamen they found in her.


2 posted on 05/15/2006 7:16:07 AM PDT by Always Right
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To: pissant
Why have a trial, just put out both sides in the newspapers?
3 posted on 05/15/2006 7:17:23 AM PDT by HuntsvilleTxVeteran ("Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto")
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To: Always Right
...the only seamen they found in her.

Sounds like they should indict Navy instead of Duke.

4 posted on 05/15/2006 7:19:59 AM PDT by PBRSTREETGANG
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To: Always Right

Maybe the DA thinks it's rape if a frat boy touches a stripper's breast jiggling in front of him.


5 posted on 05/15/2006 7:20:05 AM PDT by pissant
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To: HuntsvilleTxVeteran

That's the question. Why have a trial?


6 posted on 05/15/2006 7:20:42 AM PDT by pissant
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To: Always Right

"Maybe they should indict her boyfriend, since his seamen seems to be the only seamen they found in her."

Her boyfriend's in the Navy?


7 posted on 05/15/2006 7:21:13 AM PDT by Rennes Templar ("The future ain't what it used to be".........Yogi Berra)
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To: Always Right

Is this true? I heard on the news that none of the players' dna matched what was found in/on her.


8 posted on 05/15/2006 7:22:27 AM PDT by MissEdie
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To: pissant

If I were the families of the players indicted, I'd hit the dancer with a civil action after the trial was over. After the tens of thousands of dollars in court and attorney's fees the families have had to pony up, she needs to pay for her lying. She probably doesn't have anything for them to get, but at least if they get the judgment they can set it up so that they get anything she may have in the future, and it also publicly puts on record that she's a liar and a crook, which is worth something in of itself.


9 posted on 05/15/2006 7:22:37 AM PDT by JamesP81
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To: PBRSTREETGANG

LOL


10 posted on 05/15/2006 7:24:07 AM PDT by pissant
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To: JamesP81

I'd include Sharpton and Jesse in the civil lawsuit as well.


11 posted on 05/15/2006 7:25:07 AM PDT by pissant
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To: PBRSTREETGANG
Sounds like they should indict Navy instead of Duke.

Ow.
12 posted on 05/15/2006 7:25:20 AM PDT by JamesP81
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To: pissant
The only news is that this is another terribly screwed up case. The prosecuters need to move to Aruba where they don't indict ANYBODY!
13 posted on 05/15/2006 7:25:39 AM PDT by FixitGuy
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To: JamesP81; pissant

I agree wholeheartedly with both of you.


14 posted on 05/15/2006 7:26:52 AM PDT by kaylar
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To: JamesP81

I'd hit the DA - personally, as well as governmentally. This kind of malicious prosecution cannot be tolerated - ever.


15 posted on 05/15/2006 7:27:10 AM PDT by MortMan (Trains stop at train stations. On my desk is a workstation...)
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To: pissant
The DA is intent on ruining these boys all for own political gain. I suspect he'll get the indictment.


16 posted on 05/15/2006 7:27:56 AM PDT by Quilla
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To: Rennes Templar
Her boyfriend's in the Navy?

Women and seamen don't mix. :)
17 posted on 05/15/2006 7:29:39 AM PDT by P-40
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To: MissEdie
Is this true? I heard on the news that none of the players' dna matched what was found in/on her.

I believe so. The DNA did not match any of the players, but it did match 'someone known to the DA's office', according to the defense lawyers. I would assume that would be her boyfriend.

18 posted on 05/15/2006 7:30:43 AM PDT by Always Right
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To: JamesP81
If I were the families of the players indicted, I'd hit the dancer with a civil action after the trial was over.

That and $2.95 will get you a cup of starbucks.

19 posted on 05/15/2006 7:31:29 AM PDT by Always Right
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To: MortMan
I'd hit the DA - personally

They usually have a great degree of immunity from prosecution...so that may be tough.
20 posted on 05/15/2006 7:31:54 AM PDT by P-40
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