Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 481-500501-520521-540 ... 2,161 next last
To: Carolinamom
There is NO WAY that Nifong or she can escape from testifying in court! Going into hysterics will not be sufficient "testimony" of her frailty and dismissing the case.

Since Nifong was directly involved in the investigation, he cannot avoid testifying if called by the defense.

501 posted on 05/15/2006 11:59:45 AM PDT by connectthedots
[ Post Reply | Private Reply | To 327 | View Replies]

To: SE Mom

I hope the Grand Jury members ALSO heard this.


502 posted on 05/15/2006 12:00:57 PM PDT by Carolinamom
[ Post Reply | Private Reply | To 493 | View Replies]

To: connectthedots

Precisely.


503 posted on 05/15/2006 12:01:16 PM PDT by Howlin
[ Post Reply | Private Reply | To 501 | View Replies]

To: Howlin

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.


504 posted on 05/15/2006 12:02:15 PM PDT by ltc8k6
[ Post Reply | Private Reply | To 500 | View Replies]

To: Howlin

Listening now...


505 posted on 05/15/2006 12:02:23 PM PDT by SE Mom (God Bless those who serve..)
[ Post Reply | Private Reply | To 500 | View Replies]

To: ltc8k6

I agree.

But they're going to fight back.


506 posted on 05/15/2006 12:02:59 PM PDT by Howlin
[ Post Reply | Private Reply | To 504 | View Replies]

To: connectthedots

Is that how he'll get out of trying this embarrassment of a case?


507 posted on 05/15/2006 12:03:27 PM PDT by GAgal
[ Post Reply | Private Reply | To 501 | View Replies]

To: Locomotive Breath
I'm remembering that they got a "letter of intent" threatening them with a court order. It was stupid of them to comply without the court forcing them to go in.

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.

508 posted on 05/15/2006 12:05:04 PM PDT by SirJohnBarleycorn
[ Post Reply | Private Reply | To 206 | View Replies]

To: GAgal

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.


509 posted on 05/15/2006 12:05:35 PM PDT by CondorFlight
[ Post Reply | Private Reply | To 507 | View Replies]

To: Darlin'

Nifong is the Chief Moose and Mayor Nagin of district attorneys. Incompetent, and too stupid to know he's stupid.


510 posted on 05/15/2006 12:05:57 PM PDT by Cecily
[ Post Reply | Private Reply | To 259 | View Replies]

To: Peach
Thank you so much for sharing your considerable transcription services with us. I felt as though I was watching it live. You are a Peach!


511 posted on 05/15/2006 12:05:58 PM PDT by Quilla
[ Post Reply | Private Reply | To 489 | View Replies]

To: Alia
And I just heard an "activist" all but demand these boys be hung by the neck.

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.

512 posted on 05/15/2006 12:06:10 PM PDT by CedarDave (Sleeper trolls are like cicadas - emerge in the heat and contribute nothing but loud annoying noise)
[ Post Reply | Private Reply | To 492 | View Replies]

To: All
Shep Smith (I know, I know...) leading up to next segment: "...apparent lack of proof of forensic evidence..."
513 posted on 05/15/2006 12:06:35 PM PDT by PghBaldy (If my ancestors acted like the current crop of "immigrants", you would have to "press 2" for Polish.)
[ Post Reply | Private Reply | To 50 | View Replies]

To: GAgal

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.


514 posted on 05/15/2006 12:07:40 PM PDT by Howlin
[ Post Reply | Private Reply | To 507 | View Replies]

To: Carolinamom

Exactly.


515 posted on 05/15/2006 12:07:46 PM PDT by SE Mom (God Bless those who serve..)
[ Post Reply | Private Reply | To 502 | View Replies]

To: Alia

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.


516 posted on 05/15/2006 12:07:52 PM PDT by SirJohnBarleycorn
[ Post Reply | Private Reply | To 492 | View Replies]

To: Quilla

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. . .


517 posted on 05/15/2006 12:07:58 PM PDT by CondorFlight
[ Post Reply | Private Reply | To 511 | View Replies]

To: Howlin
I can see where they were coming from though: "If I just tell him this one thing, surely they will see we're not guilty."

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.

518 posted on 05/15/2006 12:09:02 PM PDT by connectthedots
[ Post Reply | Private Reply | To 498 | View Replies]

To: Cecily

True that ! A little bit of power mixed with a heavy helping of stupiduty is a dangerous thing.


519 posted on 05/15/2006 12:09:17 PM PDT by Darlin' ("You said would I apologize for that?" Bush told him. "The answer is absolutely not.")
[ Post Reply | Private Reply | To 510 | View Replies]

To: Howlin

Jeffrey Toobin is a tool!


520 posted on 05/15/2006 12:09:34 PM PDT by sissyjane (Don't be stuck on stupid!)
[ Post Reply | Private Reply | To 514 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 481-500501-520521-540 ... 2,161 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson