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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: Protect the Bill of Rights

He pointd to Nifong's office..............LOL.

He's challenging them to INVESTIGATE and not take press releases!


401 posted on 05/15/2006 11:34:28 AM PDT by Howlin
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To: All

Cheshire: These boys will prove they aren't guilty but will prove unquestionably that they are innocent. There are tough questions that need to be answered and the yneed to be directed that way.

Nifong won't speak to me. He promised 3 people would be indicted. It would be a wonderful investigative report to see what he said -- see if he lived up to the proof of what he said existed.


402 posted on 05/15/2006 11:34:47 AM PDT by Peach
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To: Alia

I did not get it all but summarize.


403 posted on 05/15/2006 11:34:50 AM PDT by JLS
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To: Sacajaweau

I have tears in my eyes. I picture him as one of my sons.


We all do.....this is so sad...


404 posted on 05/15/2006 11:35:04 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: Howlin

yes. Finally we get to have Cheshire talk to the media with the lacrosse player behind him. I'm glad there is a face. Nifong won't speak to Cheshire--that's got to piss him off just by itself.


405 posted on 05/15/2006 11:35:04 AM PDT by RecallMoran (Recall Brodhead)
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To: pj_627

Dave Evans wanted to look you in the eye..........

Outstanding.


406 posted on 05/15/2006 11:35:21 AM PDT by Howlin
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To: Repub4bush

All I'm doing is reading the summaries here and I'm having trouble keeping from shedding tears of sympathy for these poor people, especially the three players.


407 posted on 05/15/2006 11:35:34 AM PDT by JustaCowgirl (Sessions-The immigration bill is a colossal failure. It's a dead horse laying out in the sun.)
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To: pj_627

I'm thinking Evans' family in particular has the financial wherewithall and connections to really put the heat on Nifong. I hope they do it.


408 posted on 05/15/2006 11:35:46 AM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: Peach

Cheshire: There is absolutely no additional evidence. That's what is stunning about htis indictment. In the DNA reporting, some of you didn't understand how important it is that the single male source shows that this woman did have sex with a male. The male is named in the report and he isn't a lacrosse player.


409 posted on 05/15/2006 11:36:13 AM PDT by Peach
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To: ladyjane
As you and I and others have been digging, we've only begun to see the whole entire picture of corruption in Durham.

For a little glimpse, I'd suggest those not on the research threads, start reading here about Durham. It may seem like a lot of reading, given how large the thread has grown, but it is worthwhile reading through to the end of the thread.

And by my estimates, we've only BEGUN to start scratching into the cesspool of corruption and deceit going on in Durham, and spreading its ooze elsewhere. It involves elected officials, past history, criminals getting little to no sentencing. Repeat offenders showing up in newer events and with national organizations.

410 posted on 05/15/2006 11:36:18 AM PDT by Alia
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To: Howlin

If I ever need an attorney I want Cheshire. He's good.

For the life of me, I don't get what Nifong is up to. He had the chance to not let this case get any more out of control and yet he goes full bore ahead with all of this garbage.

Having 2 sons myself,one a college lacrosse player, my heart goes out to these families.


411 posted on 05/15/2006 11:36:24 AM PDT by surrey
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To: RecallMoran

Man, talk about "Must See TV"


412 posted on 05/15/2006 11:36:37 AM PDT by Howlin
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To: Peach

Name the semen donor Cheshire!


413 posted on 05/15/2006 11:36:41 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: Howlin

Good for this kid. Exactly right. Look in my eye. I AM INNOCENT. "Stunning indictment". She did have sex with a male (hence the semen).


414 posted on 05/15/2006 11:36:56 AM PDT by RecallMoran (Recall Brodhead)
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To: Howlin

Nothing to the pubic hair.

Know nothing of the toxicology report.


415 posted on 05/15/2006 11:37:03 AM PDT by JLS
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To: Howlin

Yes, that is what a truly innocent person wants to do. So often defense attorneys will not let their clients speak. A real mistake.

pattyjo


416 posted on 05/15/2006 11:37:03 AM PDT by pj_627
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To: RecallMoran

Exactly.


417 posted on 05/15/2006 11:37:16 AM PDT by Howlin
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To: Howlin

No blood as experts say there should be under the nail.


418 posted on 05/15/2006 11:38:31 AM PDT by JLS
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To: All

Lawyer: "A Grand Jury would indict a ham sandwich for the murder of a pig.


419 posted on 05/15/2006 11:38:31 AM PDT by PghBaldy (If my ancestors acted like the current crop of "immigrants", you would have to "press 2" for Polish.)
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To: Howlin

No blood as experts say there should be under the nail.


420 posted on 05/15/2006 11:38:32 AM PDT by JLS
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