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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

I don't think he does, any more.


881 posted on 05/15/2006 3:18:47 PM PDT by FreedomPoster (Guns themselves are fairly robust; their chief enemies are rust and politicians) (NRA)
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To: Waterfall

In this case, the story the accuser told the nurse will be important. I heard one of the first questions is "When was the last time you had consensual sex?" I bet either the false accuser lied, or that's when she started her incoherent shaking and crying. It took 31 hrs., according to City Manager Baker, for her to provide enough details of what happened to allow LE to get a search warrant.


882 posted on 05/15/2006 3:20:50 PM PDT by GAgal
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To: pepperhead

Oops..I meant to say....Was it on the list of items confiscated by the police. "The whole basket"...not just the nails??


883 posted on 05/15/2006 3:22:52 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: RecallMoran

Why are you asking me these questions? I wasn't discussing this case, just responding to a general comment.


884 posted on 05/15/2006 3:23:02 PM PDT by js1138 (Well I say there are some things we don't want to know! Important things!")
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To: Howlin
A policy of no facial hair? Oh now you've done it! LOL!

Nifong: "Isn't it true Mr. Evans that you were known to have strongly objected to a "no facial hair" policy at Duke and that you were constantly wearing fake mustaches?"

885 posted on 05/15/2006 3:23:22 PM PDT by Enterprise (The MSM - Propaganda wing and news censorship division of the Democrat Party.)
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To: GAgal
5-to-1 she literally didn't know the meaning of "consensual".
886 posted on 05/15/2006 3:23:42 PM PDT by Crawdad (Hey, baby. Can I hijack your thread?)
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To: Sacajaweau

It was probably just the nails, which the Duke players put in the garbage and supposably took out of the garbage for the police.


887 posted on 05/15/2006 3:25:19 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Crawdad
"5-to-1 she literally didn't know the meaning of "consensual"."

What she answered was "Hell no it wasn't sensual, it hurt like hell."

888 posted on 05/15/2006 3:26:34 PM PDT by Enterprise (The MSM - Propaganda wing and news censorship division of the Democrat Party.)
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To: pj_627
This was HIS house, HIS bathroom, HIS trash can, and a bathroom one at that. Full of all kinds of yicky DNA. And that can rub off on anything it comes into contact with. A bit of DNA found on a discarded plastic nail means absolutely nothing.Excellent post. I noted that the lawyer took pains to debunk the DNA-under-the-fingernail scenario. There was DNA on it, the nail is sticky on one side (no personal knowledge here), and indeed lots of DNA in the wastebasket.
889 posted on 05/15/2006 3:29:45 PM PDT by CedarDave (Sleeper trolls are like cicadas - emerge in the heat and contribute nothing but loud annoying noise)
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To: GAgal

I actually gagged a little when she was saying, "This woman has a good work record....goes to school...single mom....says she was raped...so, she was. Oh, and NiFong believes her!"

Pathetic. Good work record! ROFL


890 posted on 05/15/2006 3:30:10 PM PDT by Jrabbit (Scuse me??)
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To: CedarDave

I can't believe the nail was even examined for any DNA which matched these boys. There certainly are rules regarding contamination and CHAIN OF CUSTODY. One big rule: Change your gloves and change them often.


891 posted on 05/15/2006 3:33:02 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Jrabbit; Howlin

I was just watching a repeat of Abrams which showed Evans walking into the "fingerprint area". He SHOOK HANDS with a black officer - perhaps the sheriff deputy who brought him there or someone serving in the booking area. How often does that happen?


892 posted on 05/15/2006 3:38:55 PM PDT by GAgal
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To: GAgal

I was just watching a repeat of Abrams which showed Evans walking into the "fingerprint area". He SHOOK HANDS with a black officer - perhaps the sheriff deputy who brought him there or someone serving in the booking area. How often does that happen?
____________________________________________________

Probably more often than you think when a defendant is permitted to surrender rather than being roused out of bed and cuffed as was the case of the other two indicted here.

Arresting is what usually happens when a police officer observes some behavior that he thinks needs to be stopped immediately OR if the police think someone will flee. People indicted often surrender.

And if you go in and are treated decently, there is no reason not to shake hands.


893 posted on 05/15/2006 3:42:45 PM PDT by JLS
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To: Jrabbit

Her manner of speaking was so pretentious, long-winded, content-free, and designed to stretch out her face time. She added nothing beyond an illustration that racists come in all shades.


894 posted on 05/15/2006 3:44:08 PM PDT by GAgal
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To: JLS

I'm glad that is normal. I hope all suspects who are respectful are treated respectfully.


895 posted on 05/15/2006 3:46:11 PM PDT by GAgal
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To: Jrabbit

....good work record....

Quantity or quality?


896 posted on 05/15/2006 3:46:21 PM PDT by Waterfall
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To: GAgal

Sorry to say many arrested individuals are not treated with respect and that may be part of the backlash in this case.

FNC Panel to discuss the case next.


897 posted on 05/15/2006 3:49:16 PM PDT by JLS
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To: JLS

Mort knows the Evans'....I bet they know lots of people.


898 posted on 05/15/2006 3:53:34 PM PDT by Jrabbit (Scuse me??)
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To: JLS
GO MORT GO!!!!!!!!!!
899 posted on 05/15/2006 3:53:37 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: sissyjane

LOL! I remember a quote by John Kennedy, who was accused by someone of calling him an S.O.B. Kennedy said "I couldn't have called him an S.O.B. because at the time, I didn't know he WAS one!"


900 posted on 05/15/2006 3:54:37 PM PDT by TommyDale (North Carolina looks forward to the disbarring of Mike Nifong.)
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