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.
Since Nifong was directly involved in the investigation, he cannot avoid testifying if called by the defense.
I hope the Grand Jury members ALSO heard this.
Precisely.
Nifong decided that they were guilty as soon as he heard about the incident. He is in way too deep to back out now. He is going to trial come hell or high water.
He has a hold over the AV as well with her record. He isn't going to let her back out.
Listening now...
I agree.
But they're going to fight back.
Is that how he'll get out of trying this embarrassment of a case?
I heard Cheshire in the press conference say the DNA by Evans was submitted voluntarily. That is probably fatal to any argument that the DNA submission was unconstitutional.
Hope the grand jury members realize how they were conned.
But apparently they haven't been paying much attention for the last few weeks, and didn't avail themselves of their right to ask questions--so they are now, IMHO, virtual accomplices in this--not innocent bystanders.
Nifong is the Chief Moose and Mayor Nagin of district attorneys. Incompetent, and too stupid to know he's stupid.
That you did... Justice should be blind, color blind in any instance. In spite of all the progress in civil rights over the past 40+ years, the race pimps continue to incite discontent and anger, and that hatred is backfiring, especially in a clear cut case like this seems to be. Yes the players may have acted in a rude and condescending way. And yes, they may have had alcohol and loud noise as young men are do. And yes they may have hire strippers for a party, also as college boys do (I attended one myself back 30+ years ago). But because of that indiscretion and those mistakes, they now have to pay for it in a way so outrageous as to make one question our justice system. So sad.
Jeffrey Toobin on CNN doesn't believe that Nifong has refused to meet with the defense and/or the players.
Toobin said that we're only hearing from the defense, that Nifong isn't saying anything.
Exactly.
Another interesting parallel with the Scottsboro Boys is that radical leftists opportunistically sought to use that case to advance their own political goals, just as is happening here.
Yes, double thanks for the transcription. I got only about the first 3 minutes of the presser, before the local station cut away (with their local newsperson speaking over the audio even then). Without FR I'd have to rely on the MSM. . .
One should NEVER, EVER think they can trust a cop or prosecutor to be honest. If they are honest, they would understand why you won't talk; because they certainly would know of dishonest or unethical cops and prosecutors. If they say they don't, they are LYING.
True that ! A little bit of power mixed with a heavy helping of stupiduty is a dangerous thing.
Jeffrey Toobin is a tool!
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