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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: Howlin; OakOak

Oakoak, who is out of town, said there was bad blood between the 2..

I do believe "bad" is putting it mildly....


61 posted on 05/15/2006 9:37:06 AM PDT by Protect the Bill of Rights
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To: pissant
According to a Fox News reporter on scene (SIlber), the prospective indictee, assuming he is indicted, is prepared not only to turn himself in, but also to go before the media this afternoon.
62 posted on 05/15/2006 9:37:49 AM PDT by shhrubbery! (Max Boot: Joe Wilson has sold more whoppers than Burger King)
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To: Protect the Bill of Rights

Kerry supported Nifong in the election, if you can believe that.

It would poetic justice if her client, who he evidently assured her wasn't going to be indicted, was.

Not that I think anybody should be.


63 posted on 05/15/2006 9:37:50 AM PDT by Howlin
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To: shhrubbery!

(e) All of the above.


64 posted on 05/15/2006 9:38:12 AM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: Protect the Bill of Rights

Dang! I'd be in heaven if I could check yes to all those. I'm freeping from the office, customers keep coming in placing orders and bothering me ;-), my secretary (daughter) wants me to take her to lunch, and a possible GJ indictment on an innocent young man is moments away.


65 posted on 05/15/2006 9:38:38 AM PDT by Quilla
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To: True-Stu

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

That must have slipped her mind when she called 911.


66 posted on 05/15/2006 9:38:51 AM PDT by Protect the Bill of Rights
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To: Perdogg
FOX News has learned from defense attorneys that the player expected to be charged plans to surrender himself and post bond immediately once an indictment does come down. He and his family plan to make a formal press statement in front of the Durham county jail once he is formally charged. The player's lawyer, as well as five to 10 other Duke lacrosse players, will accompany him before the cameras in a showing of solidarity.

I love it. I hope they come out raging.

67 posted on 05/15/2006 9:39:19 AM PDT by Howlin
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To: Protect the Bill of Rights
so , it is personal for Nifong......he has to prove his manhood by charging full steam ahead....

"full tilt" as they say in the poker world, will beat you in the long run....

68 posted on 05/15/2006 9:39:34 AM PDT by cherry (.)
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To: Howlin

I am getting ready to paint, sanding the trim.


69 posted on 05/15/2006 9:41:30 AM PDT by Protect the Bill of Rights
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To: Protect the Bill of Rights

Who does Kerry Sutton represent? Is it Seligman or Finnerty?


70 posted on 05/15/2006 9:41:32 AM PDT by sissyjane (Don't be stuck on stupid!)
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To: Carolinamom
You forgot to put (e) all of the above.

[Laughing sadly.] You have a point. But I'd have to pick (b) Patrick Fitzgerald, myself.

Because Fitzgerald's actions are hurting an entire nation -- a nation at war.

71 posted on 05/15/2006 9:42:20 AM PDT by shhrubbery! (Max Boot: Joe Wilson has sold more whoppers than Burger King)
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To: pissant
Megyn Kendall has apparently just told the Fox anchor that "an indictment has been handed up, as expected."

As per a defense lawyer with whom she has contact.

72 posted on 05/15/2006 9:43:43 AM PDT by shhrubbery! (Max Boot: Joe Wilson has sold more whoppers than Burger King)
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To: Howlin
If you surrender on your own, do you have to be cuffed?
73 posted on 05/15/2006 9:44:15 AM PDT by Perdogg (Durham - The San Francisco of North Carolina)
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To: sissyjane

Matt Zash. The player who was in the bedroom watching Letterman. Also, Megan Kendall is reporting that a defense attorney has told her that there was a 3rd indictment.


74 posted on 05/15/2006 9:44:18 AM PDT by I want to know
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To: Howlin

Megan reports 1 indictment....,

Why the hell is Kerry interested in a Durham NC DA race? He's a smuck.

I wonder if Evans, family and attorney are waiting for the indictment at the jail? That would take some of the hot air out of Nifong.


75 posted on 05/15/2006 9:44:27 AM PDT by Protect the Bill of Rights
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To: shhrubbery!; Howlin; Peach

THIRD INDICTMENT!

What a despicable farce.


76 posted on 05/15/2006 9:44:36 AM PDT by txrangerette ("We are fighting al-Qaeda, NOT Aunt Sadie"...Dick Cheney commenting on the wiretaps!!)
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To: shhrubbery!
at least she got the terminology correct.
77 posted on 05/15/2006 9:45:28 AM PDT by Perdogg (Durham - The San Francisco of North Carolina)
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To: Howlin

Hitting my head...THAT Kerry, The Kerry Sutton I asked about....
DUH!!!
I stayed up too late last night.


78 posted on 05/15/2006 9:45:56 AM PDT by Protect the Bill of Rights
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To: cherry

The defense can move for a dismissal on the grounds that there is not sufficient evidence upon which a rational trier of fact could conclude that the offense charged has been committed by the defendant. Such a motion is typically made after the prosecution has presented its evidence to the jury. If the judge agrees with the defense motion, then the court determines as a matter of law that the charges must be dismissed and will not allow the jury to deliberate the case.

However, there IS evidence of wrongdoing in this case. The prosecutor has the sworn statement of the witness that she was raped, he has the medical evidence providing some degree of support for that allegation and he has the photo lineup identification by the alleged victim of three defendants, two at 100% and one at 90% (plus the marginal evidence of the DNA on the plastic fingernail).

While the photo lineup will obviously be challenged as unconstitutional and the issue ultimately will probably be decided on appeal, in my opinion the photo lineup will not be found unconstitutional and the evidence will be allowed. The defense will of course be permitted to make its argument to the jury that the photo lineup identification was unreliable.

The only circumstance in which I could see a motion to dismiss on the evidence successfully made prior to trial in this case would be if the defense proffered compelling evidence that a particular defendant was in another city on the night in question and the state acknowledged that it would not be presenting evidence challenging that.


79 posted on 05/15/2006 9:46:32 AM PDT by SirJohnBarleycorn
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To: Howlin
I understand the animosity between Nifong and Cheshire goes back a few years. Does any Freeper over in the RDU area know what started the bad feelings and exactly when?
80 posted on 05/15/2006 9:47:21 AM PDT by Tarheel (When I die I am Tarheel dead.)
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