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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: wiltale

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?


701 posted on 05/15/2006 1:31:11 PM PDT by Jrabbit (Scuse me??)
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To: Peach

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.


702 posted on 05/15/2006 1:31:19 PM PDT by surrey
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To: surrey

I'm starting to see that this is so. I must have been terribly naive. Before this case, that is.


703 posted on 05/15/2006 1:31:48 PM PDT by Peach
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To: Jrabbit

Yet the warrant says 5 fingernails were seized....not 4.


704 posted on 05/15/2006 1:32:32 PM PDT by ltc8k6
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To: Carolinamom

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.


705 posted on 05/15/2006 1:32:50 PM PDT by Peach
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To: Sacajaweau

True, but I'm sure Chesire would like to see it.


706 posted on 05/15/2006 1:32:56 PM PDT by Rheo
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To: Carling

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.


707 posted on 05/15/2006 1:33:30 PM PDT by Wild Irish Rogue
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To: JLS

And how many women (and pimps) working for escort services give false names? 90%? 100%?


708 posted on 05/15/2006 1:33:36 PM PDT by Jezebelle
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To: Wild Irish Rogue
ROTFLMAO!!! Koblinsky just said that it's possible that Evans may have been wearing a fake mustache.

"Congratulations Nifong. Your case has now officially 'Jumped the Shark.'"


709 posted on 05/15/2006 1:33:45 PM PDT by SkyPilot
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To: Jrabbit

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."


710 posted on 05/15/2006 1:34:05 PM PDT by wiltale
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To: ltc8k6

Well, they missed 4 unpolished ones...


711 posted on 05/15/2006 1:34:16 PM PDT by Jrabbit (Scuse me??)
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To: Alia

Nifong doesn't want to see any facts because if he did then he would be ethically bound to report it to the gj.


712 posted on 05/15/2006 1:34:19 PM PDT by RecallMoran
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To: Peach

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.


713 posted on 05/15/2006 1:34:23 PM PDT by streeeetwise
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To: Always Right
Maybe they should indict her boyfriend, since his seamen seems to be the only seamen they found in her.

Yikes! She slept with the navy?!

714 posted on 05/15/2006 1:34:29 PM PDT by luv2ski
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To: Howlin

I didn't see it, but if she's calling for a gag order, that means the defense is making headway.


715 posted on 05/15/2006 1:34:30 PM PDT by Jezebelle
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To: surrey
there is another motive for Nifong continuing this charade.

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.

716 posted on 05/15/2006 1:35:13 PM PDT by ladyjane
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To: shhrubbery!

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.


717 posted on 05/15/2006 1:35:35 PM PDT by JLS
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To: Sacajaweau

Worthless? He isn't a minor.


718 posted on 05/15/2006 1:36:07 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Jezebelle

I've been gagging about this for two months. No one has to order me to gag.


719 posted on 05/15/2006 1:36:27 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Peach

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.


720 posted on 05/15/2006 1:36:32 PM PDT by surrey
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