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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: TommyDale
Evans already took and passed a POLYGRAPH !! BWAHAHAHAHAHA!!!
Nifong has egg and manure all over his face.
___

Unfortunately egg on the face is more inviting than being indicted for rape and kidnapping.
541 posted on 05/15/2006 12:19:18 PM PDT by snarkytart
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To: Protect the Bill of Rights

I have only seen this reported once, but Kim Roberts made a reference to a bunch of "limp dick white boys."




From Stuart Taylor Jr., National Journal, May 1:

"You limp-dick white boys, you're not real men. You had to pay for us."


542 posted on 05/15/2006 12:19:27 PM PDT by Waterfall
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To: SirJohnBarleycorn

I expected David, or whomever was indicted, to read from a written staement. I was impressed. He was quite articulate.


543 posted on 05/15/2006 12:20:22 PM PDT by toldyou
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To: SirJohnBarleycorn
Yeah - I heard that. As a former faculty member I knew what he was trying to say but I winced at the way it came out wrong. Some of my best students were dogged in pursuit of success even if it took them extra work to get there. I loved some of those kids (Note to Mike Nifong: I'm speaking figuratively). I'd take one of the workers for two of the lazy brainiacs.
544 posted on 05/15/2006 12:21:38 PM PDT by Locomotive Breath (In the shuffling madness)
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To: SirJohnBarleycorn
You couldn't be more right.

As the black "activist" was doing her political stunt in Joe Cheshire's face, I flashed back to the Scottsboro Boys and saw a "white activist" mouthing her words -- probably matching fairly closely to what "activists" would have said in the Scottsboro Boys' Trial -- words that a black woman is shrieking today.

The woman today has no idea that she probably sounds just like a white activist during that trial in the 30s.

Bigotry and racial prejudice is always ugly. And rude. And demanding to be "listened to". It is not reasonable. It is not civil, it cares not at all to "reason". It is driven by a blind hatred, a self-loathing so deep that it projects, like a vomitus.

I'm glad the black activist spoke. I'm glad that even she can appreciate the freedoms she has in the country.

Freedom is pretty cool, and the cost for such freedoms is constant vigilance and diligence.

545 posted on 05/15/2006 12:21:55 PM PDT by Alia
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To: Locomotive Breath

Exactly, that is the point his attorney was trying to make about Evans.


546 posted on 05/15/2006 12:22:23 PM PDT by JLS
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To: Carolinamom

A friend called as soon as it was over; she's been quite open minded thinking maybe there was a rape. She listened to this and was impressed with both Cheshire and Evan.


547 posted on 05/15/2006 12:22:37 PM PDT by Peach
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To: Carolinamom

And just compare his articulate speech with Kim's.


548 posted on 05/15/2006 12:22:40 PM PDT by Locomotive Breath (In the shuffling madness)
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To: ladyjane
"...eight out of the 17 candidates running for office in Durham had criminal records. "

The other 9 haven't been caught and charged yet!

549 posted on 05/15/2006 12:23:05 PM PDT by TommyDale (North Carolina looks forward to the disbarring of Mike Nifong.)
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To: Protect the Bill of Rights
It is time we all group-ask Cheshire " Was it as good for you as it was for us?"

I yelled out "yes, YES!" more than once! **blush**

550 posted on 05/15/2006 12:23:38 PM PDT by Shelayne (Antique Media--losing value everyday...)
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To: Peach

Ok- now they're doing an "in-depth" on FOX.


551 posted on 05/15/2006 12:23:42 PM PDT by SE Mom (God Bless those who serve..)
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To: ladyjane
I'm beginning to wonder if the source of the DNA wasn't from someone in the police department.

Me Too. The corruption goes so deep.

552 posted on 05/15/2006 12:23:44 PM PDT by Alia
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To: SE Mom

Listening...


553 posted on 05/15/2006 12:24:37 PM PDT by Peach
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To: Locomotive Breath

Quality/innocence vs Trash/deception is the way I see it.


554 posted on 05/15/2006 12:24:41 PM PDT by Carolinamom
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To: Carolinamom

I hope they sue Duke. They share responsibility for this mess.


555 posted on 05/15/2006 12:25:05 PM PDT by ladyjane
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To: Cecily

That's what we said. In a she said/he said case all parties should be given a polygraph before charges are contemplated.


556 posted on 05/15/2006 12:25:10 PM PDT by Constitutions Grandchild
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To: Peach
Oh-oh. What did Brit have to say about tonight? I'm tempted to stay away from FR until my blood pressure goes down (and I have a second round of oral surgery in about 45 minutes -- maybe I'll still be too stupefied to care).
557 posted on 05/15/2006 12:25:12 PM PDT by CedarDave (Sleeper trolls are like cicadas - emerge in the heat and contribute nothing but loud annoying noise)
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To: Alia

OTOH...it's very reasonable that DNA would be found on/in the fingernail coming from the boy's OWN GARBAGE CAN.

Shep is making a strong case for the defense (so far).


558 posted on 05/15/2006 12:26:19 PM PDT by SE Mom (God Bless those who serve..)
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To: Alia

My problem is the chain of custody with EVERYTHING and more particularly with the nails.


559 posted on 05/15/2006 12:26:42 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: CedarDave

I got interrupted by my husband while Brit was talking; sorry.

Good luck with your oral surgery. Ouch. I don't think I'll even be on FR tonight. After the president finishes, "24" is on!


560 posted on 05/15/2006 12:27:05 PM PDT by Peach
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