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.
One of the more intriguing statements Cheshire made in the press conference was when a reporter asked him what the accuser's motive would be for making a false accusation, Cheshire responded by saying he believes he now knows what her motive is, but he is not willing to tell it to reporters at this time.
Your speculation was that she was worried that Child Protective Services might take her children away. My own idea was that she probably was thinking very narrowly of herself, and simply wanted to transform herself from someone who at that particular moment in time apparently was in trouble with the police for public drunkenness into someone who was a victim.
I am now wondering if she has had a history of treatment with Durham Center Access for mental health problems and/or substance abuse, and didn't want the consequences that another round of treatment there would bring (which might include consequences for her children), and therefore cried rape upon realizing that the police were admitting her into Durham Center Access. I don't at this time buy any theory that she hatched up a plot at 2:00 am that night to extort money from the players by crying rape (although of course we were told at a later point in time she was contacting lawyers to explore a civil suit).
But there may be more to it. In any event, I found it quite interesting that Cheshire now believes he has a fix on her motivation for the false charges.
Next, they're going to want dinner. Let's get our priorities straignt! At least I don't have Howlin's sheet issues.
I loved it when he stated over and over and over again "THIS FALSE ACCUSER"
Catherine Crier covering it now.
If the defense got there first, it's because the police didn't do their job. It sounds like the police didn't believe there was a reason to go further until the DA took over.
Yes, and a rubber nose and glasses, too.
Are these people for real? Good grief!
BTW, after Mr. Evan's statement today, anyone think Nifong has turned a lacrosse player that we have not heard about?
I don't know if you ever could have hired her. Her claim to drama queen fame is that she was an (over)zealous prosecutor herself. She and Nifong are two peas in a pod.
LOL! I hear you. Well, I'm off. I'll have to check back later.
Not a chance.
We also know now that Nifong's "wall of silence" was a lie.
One of the more intriguing statements Cheshire made in the press conference was when a reporter asked him what the accuser's motive would be for making a false accusation, Cheshire responded by saying he believes he now knows what her motive is,
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That is intriguing. I agree that it is likely she was only thinking of herself not her kids that night.
As we all here subsequently brainstormed we came up with about an even half dozen reasons why she might have cried rape, but the bottom line on all of them is to allow her to take control of the situation with little thought for the future consequences.
" I would not be walking out smiling .."
You probably wouldn't be able to walk normally for a few days after the frenzied , non lubricated, violent raping and sodomizing this woman claims to endured.
The surgical consult on this woman should be informative.
I find it impossible to believe that non consensual, non lubricated, hurried and frenzied sodomy times three ( or 20 ) would not inflicted anal tears and rectal bleeding - at a minimum.
Sean talking about it now. Some chick lawyer (Kimberly) ashamed that he didn't share evidence or talk to Lawyers. Guy lawyer saying he doesn't trust secret polygraphs. Saying fingernail evidence important. Saying semen found on floor and on towel in bathroom. (eww)
Oh my goodness....Gloria Allreds spawn is screeching...screeching!
Certainly private polygraphs by themselves would not convince me much. But that is one tiny fraction of what the defense has.
Oh my goodness....Gloria Allreds spawn is screeching...screeching!
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And this is news how?
"Guy lawyer saying he doesn't trust secret polygraphs."
Does he trust DA's who won't administer them to suspects who volunteer?
If the police turn down a public polygraph what type of freak complains about a private polygraph. Come on.
Has anyone heard of this semen on floor and on towel thing before? I would be unhappy if I were his roommates but that's still not on Mother-of-the-year.
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