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.
I don't think he does, any more.
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.
Oops..I meant to say....Was it on the list of items confiscated by the police. "The whole basket"...not just the nails??
Why are you asking me these questions? I wasn't discussing this case, just responding to a general comment.
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?"
It was probably just the nails, which the Duke players put in the garbage and supposably took out of the garbage for the police.
What she answered was "Hell no it wasn't sensual, it hurt like hell."
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
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.
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?
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.
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.
I'm glad that is normal. I hope all suspects who are respectful are treated respectfully.
....good work record....
Quantity or quality?
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.
Mort knows the Evans'....I bet they know lots of people.
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!"
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.