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.
Judge Nap saying this is completely credible- "as convincing a denial of allegation as one could expect"...
Must be because the cable networks cut away like cowards.
ROFLMAO.
Did somebody say a racial slur, probably.
Oh, he points to the woman and says "People like this woman right here are trying to make it about race."
wral.com
link upper left
Judge Nap" It's unprofessional and almost unheard of, for the prosecution to refuse to meet with counsel"
"I've never had a case where somebody on the other side pandered to race, so I am worried about that."
Holy CRAP.
Listening to link:
Cheshire: I have no idea whether case will get to trial. The prosecutor indicted...
I don't know if we can get a fair trial here. What we've just been dealing with here (LOL), is a problem.
His teammates offered to be here today to show their support.
All the plans he had for his life are on hold.
He is such a wind vane.
excellent
She wants a reverse lynching.
I hope the alleged victim was watching this.
He still does not have the reports!!!1
You all tell me what the talking heads are saying........I'm still listening.
Joe: Nifong said they were all guilty of aiding and abetting.
"Yes, I believe we have enough evidence to prove them all INNOCENT."
"There will be NO PLEA bargins."
"It simply did not take place."
They have no discovery. They don't even have the statements they gave to the PD!
Q Why don't you have them yet?
A We haven't been given anything.
He said they all left because of noise violations at the house and the underage drinking (sounds liek they KNEW the police had been called.)
Yeah, conservative in college, now worrying wrongly about civil liberties during war etc.
This is exactly why I said from the beginning that, even if you are innocent, you should not talk to the cops. Nothing good can come from doing so. Cops/prosecutors will twist, misconstrue, and lie about what you said to them if is serves their purpose. You don't talk to them and there is nothing to twist,misconstrue or lie about.
It is also why you do not submit to requests for DNA if you are innocent. If you are innocent, there is no reason to submit to such a test without a search warrant. If one is issued, you move to quash it. Screw the public perception of refusing to 'cooperate'. you simply say there is nothing to cooperate with because you did not commit a crime and didn't see a crime committed. END OF STORY!!!!
If these three had not talked to the cops, they likely would not be indicted. If the rape/sexual assault charges are dropped, don't be surprised if Nifong goes after them for making false statements to a cop. If you don't talk, you can't make a 'false statement'.
If Libby had refused to 'cooperate' with Fitzpatrick, he would not have been indicted.Libby had no legal duty to discuss anything with Fitzpatrick. Should have simply told Fitzpatrick he didn't do anything illegal and wish him well in getting an indictment.
He who has ears, let him hear.
Didn't Kim yell out she called the cops?
It's gotten quiet; no more shouted questions. Probably the national media ran over to the Black activist to get HER side of the story.
>>Man, talk about "Must See TV"<<
Dave Evans had me in tears....Nifong is a bastard, and if I get banned for saying it, too bad!
That's what we've heard/read.
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