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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: Peach

They didn't want the black dancers. So that meant they raped them?? "I'm a black woman in this community" so that means RAPE?????


441 posted on 05/15/2006 11:43:23 AM PDT by RecallMoran
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To: RecallMoran

Exactly what percentage of people give false names to an escort service? 90%?


442 posted on 05/15/2006 11:43:41 AM PDT by JLS
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To: RecallMoran

The black woman is going off on Cheshire.

She's calling for a gag order! Like she can get one.


443 posted on 05/15/2006 11:44:12 AM PDT by Howlin
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To: RecallMoran

Is that a question from the media?


444 posted on 05/15/2006 11:44:19 AM PDT by Peach
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To: Carolinamom

both lawyers say the defense has a great case and that they can't believe Nifong has refused to meet with Evans and to hear exculputory evidence...


445 posted on 05/15/2006 11:44:35 AM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: RecallMoran

Gag Order--yeah she doesn't want the world to know.


446 posted on 05/15/2006 11:44:42 AM PDT by Protect the Bill of Rights
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To: RecallMoran

She says "We want this case to stay here in Durham."

She won't stop talking!


447 posted on 05/15/2006 11:44:42 AM PDT by Howlin
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To: RecallMoran

I don't even give my real name to the Pizza folks.


448 posted on 05/15/2006 11:44:55 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Protect the Bill of Rights

"Ma'am, please show me the same respect I showed you!"

OMG, this is great!


449 posted on 05/15/2006 11:45:12 AM PDT by Howlin
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To: Howlin

That black woman wants a gag order because she wants a lynch mob against these boys.

I've told my husband, it's crap like this that is hurting race relations in this country. And the blacks have no one to blame but themselves.


450 posted on 05/15/2006 11:45:12 AM PDT by Peach
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To: JLS

I use the name BJ Clinton when I call up the escort service. ;)


451 posted on 05/15/2006 11:45:30 AM PDT by Perdogg (Durham - The San Francisco of North Carolina)
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To: Protect the Bill of Rights

I love him!!!

He is laying at the feet of Nifong


452 posted on 05/15/2006 11:45:33 AM PDT by Protect the Bill of Rights
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To: Howlin

Are you listening to this on local tv?


453 posted on 05/15/2006 11:45:45 AM PDT by Peach
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To: Peach

omg THESE PEOPLE ARE NUTS!!!!!! Nifong can't talk? He injected race. No defense lawyer spoke for 8 solid days. NUTS!!!!


454 posted on 05/15/2006 11:46:05 AM PDT by RecallMoran
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To: Peach

Judge Nap changes his tune.


455 posted on 05/15/2006 11:46:31 AM PDT by JLS
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To: Peach

Yes. Digital cable!

Now he's saying to listen to this woman, and see what the people are trying to do to this case, turn it into a political case.

"It's one of the saddest things I've ever seen."


456 posted on 05/15/2006 11:46:34 AM PDT by Howlin
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To: Howlin

Who is this Black activist who will not shut up and asks Cheshire for a gag order. She needs a gag order. She won't let him answer!


457 posted on 05/15/2006 11:46:34 AM PDT by CedarDave (Sleeper trolls are like cicadas - emerge in the heat and contribute nothing but loud annoying noise)
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To: All

Is that RL from the Court TV board asking that question?


458 posted on 05/15/2006 11:46:34 AM PDT by Publius22
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To: RecallMoran

Where is this still being carried; on that link posted upthread?


459 posted on 05/15/2006 11:46:43 AM PDT by Peach
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To: RecallMoran

Were they SHHHH!! ing her?


460 posted on 05/15/2006 11:46:54 AM PDT by Protect the Bill of Rights
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