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.
The defense has a video of 4 unpolihed nails that were left behind.....after the search warrant. I wonder if during the search, they just relied on the guys to give them any evidence? What kind of investigation is that?
An attorney friend of ours told us that anyone can accuse you of anything and it's up to you to then prove your innocence. Sure, the authorities have to prove beyond a reasonable doubt that you're guilty but you are put on the defensive at the accusation.
I'm starting to see that this is so. I must have been terribly naive. Before this case, that is.
Yet the warrant says 5 fingernails were seized....not 4.
By evening, I've pretty much had it with television in general and rarely watch anybody on any channel. Now, if she was on earlier in the afternoon, maybe I'd subject myself to her show. LOL
But I've read the comments you and other freepers have made about Nancy on this case; Rape Nazi is the only term that comes to mind.
True, but I'm sure Chesire would like to see it.
Crystal, pardon me for a moment while I put on my raping jacket."
Susan Filan of the rape hoodie, is now tiptoeing away from her earlier blind devotion to the prosecutor.
BTW-It's pretty telling when those still left defending Nifong cause us to burst out laughing with their outlandish theories.
But, not so funny for the young men and their families.
And how many women (and pimps) working for escort services give false names? 90%? 100%?
"Congratulations Nifong. Your case has now officially 'Jumped the Shark.'"
That's what it sounded like from the news conference. It was like the police asked for certain items and the roommates said, "Oh, here it is."
Well, they missed 4 unpolished ones...
Nifong doesn't want to see any facts because if he did then he would be ethically bound to report it to the gj.
This is the traditional, and accurate, complaint of the black community, cops haul them in and the prosecutors just overcharge them and force a plea bargain. That is what makes the attack mode so galling. I agree that minority defendants have often been the victim of this conduct. The real beef is that these defendants have the ability to exposre it.
Yikes! She slept with the navy?!
I didn't see it, but if she's calling for a gag order, that means the defense is making headway.
Anything is possible in Durham and another motive is highly likely. When the full story comes out it will not be pretty. I think we are seeing the tip of a very dirty iceberg.
All too often, police do not pursue real offenders, but rather innocent citizens...
______________________________________________
It is more fun to go after people with something to lose rather than common criminals who consider jail time a cost of doing business.
Worthless? He isn't a minor.
I've been gagging about this for two months. No one has to order me to gag.
Once you've been accused you ride a slippery slope that goes on ,seemingly, forever.
These young men and their families are in for a long nightmare with unknown consequences. Very scary.
Not to mention the financial hurt.
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.