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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: Protect the Bill of Rights

If the early reports were true as to Mangum telling the medical staff at DUMC adminstering the rape kit that she had not had intercourse for three weeks, and that's what Nifong is hiding, as soon as that comes out, you can stick a fork in the lying whore and Nifong.


741 posted on 05/15/2006 1:47:39 PM PDT by Jezebelle
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To: RecallMoran
I've looked at Annapolis real estate on occasion. No way waterfront goes for a million these days.
742 posted on 05/15/2006 1:48:45 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Protect the Bill of Rights

It sure wouldn't hurt.


743 posted on 05/15/2006 1:51:07 PM PDT by Peach
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To: Jrabbit

Scuse Me?

I only watched the first half of the show because Norm andKobilinsly were making me want to go out on the deck and smoke!


744 posted on 05/15/2006 1:52:34 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: Howlin

I'm back again. I can't believe my 2 year old wants me to take care of him while there is breaking news. Very galling. I keep having to catch up!


745 posted on 05/15/2006 1:52:46 PM PDT by RecallMoran
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To: RecallMoran

Just half-ass strap him down and do what you want! :-)

http://www.idontlikeyouinthatway.com/2006/05/britney-would-do-anything-to-protect.html


746 posted on 05/15/2006 1:55:05 PM PDT by ltc8k6
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To: sissyjane

yep....said enough for an indictment but not for conviction...


747 posted on 05/15/2006 1:55:18 PM PDT by Jrabbit (Scuse me??)
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To: js1138

So these guys plead guilty to underage drinking, contributing to the delinquency, disturbing the peace, and having bad taste in escorts and the serious charges are dismissed? There aren't any lesser charges here. They are all felonies.


748 posted on 05/15/2006 1:55:33 PM PDT by RecallMoran
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To: Wild Irish Rogue

IN STORES NOW--BLUE DEVIL RAPE SUIT ONLY 49.99

749 posted on 05/15/2006 1:56:04 PM PDT by Protect the Bill of Rights
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To: Jrabbit

So they've come over to our side too??

Will wonders never cease!


750 posted on 05/15/2006 1:56:49 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: Howlin

I bet there's not a bruise on her.
Remember we all heard that Kate Farber had "bruises" and "vaginal tearing."
The bruise turned out to be half the size of a dime on the side of her face and it was WEEKS old.
And the "vaginal trauma" was there from having sex about six times in five days with four people.



I'd like to know what's on that SANE's report.

From another rape examined at Duke Hospital:

http://www.aoc.state.nc.us/www/public/coa/opinions/2001/001307-1.htm

Winifred Walker, a sexual assault nurse examiner at Duke Hospital, testified that C.B. recounted the narrative of events at the beginning of the examination. Walker collected an SBI rape kit from C.B. and noticed a redness in her vaginal area. According to Walker, this redness indicated an irritation and it was her opinion that C.B. had been sexually assaulted.


751 posted on 05/15/2006 1:57:05 PM PDT by Waterfall
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To: ltc8k6

That's awful!! But nobody said she was smart.


752 posted on 05/15/2006 1:57:35 PM PDT by RecallMoran
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To: Waterfall

Irritation could come from certain clothes too.


753 posted on 05/15/2006 1:59:08 PM PDT by RecallMoran
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To: Waterfall

Bruises: And did the nurse ask her if she fell?


754 posted on 05/15/2006 1:59:16 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: RecallMoran

You have my sympathy. I have to take MY kids to swim lessons in a few minutes.


755 posted on 05/15/2006 2:00:22 PM PDT by wiltale
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To: Enterprise

or maybe he has a criminal record that includes assault against her or some type of sexual complaints


756 posted on 05/15/2006 2:01:08 PM PDT by dubyawhoiluv
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To: ltc8k6

The broom is what the two strippers rode in on.


757 posted on 05/15/2006 2:01:11 PM PDT by Enterprise (The MSM - Propaganda wing and news censorship division of the Democrat Party.)
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To: Waterfall

Redness?


758 posted on 05/15/2006 2:01:17 PM PDT by Howlin
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To: RecallMoran

Or from sex with your pimp, I mean boyfriend, I mean boyfriend that evening....


759 posted on 05/15/2006 2:01:31 PM PDT by ltc8k6
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To: Peach
After going through photos of my teammates and id'ing who was there,

This allowed the DA to make sure the accuser didn't ID someone who was not at the party. Of course he shouldn't have steered her at all, but....

760 posted on 05/15/2006 2:02:49 PM PDT by Freee-dame
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