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Is 'Duke' Case Headed to Civil Court?
Fox News ^ | 5/17/2006 | Locomotive Breath

Posted on 05/17/2006 7:09:30 AM PDT by Locomotive Breath

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To: TexKat

Excellent, TexKat, Thanks for posting that. I hope the boys and their families embrace that wisdom.


121 posted on 05/18/2006 3:15:42 AM PDT by Jezebelle
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To: Gay State Conservative

She can sue anybody she wants to, but whether she wins is another question. In the possible case of suing Duke because they owned the house, she would have to prove that the rape occurred and that such an act committed by the specific boys was forseeable.

This would be one of the main reasons she picked Dave Evans - he lives there, he has a previous offense for drinking or peeing or something rowdy like that (I forget at the moment what it was), and he's a team captain. These facts will be used to put Duke on the hook, but, again, she would have to prove she was raped, and I don't think she can do that.


122 posted on 05/18/2006 3:27:41 AM PDT by Jezebelle
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To: Alia

Early last month it was reported that the mother had sought Gary Willie out through Jesse jackson.


123 posted on 05/18/2006 3:34:27 AM PDT by Jezebelle
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To: old and cranky

She can file it any time. But the defendants have a Fifth Amendment right to not incriminate themselves, so they could not be forced to testify in the civil case proceedings.

I think Reade Seligmann should sue her, and do it in his home state, if possible. My post at #113 explains why.


124 posted on 05/18/2006 3:37:09 AM PDT by Jezebelle
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To: NeonKnight

I think somebody at FNC told her she was on the wrong side of this and get with it or think about getting out.


125 posted on 05/18/2006 3:40:00 AM PDT by Jezebelle
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To: Dr. Richard Kimble

I think the boyfriend's semen that they found in her proves her to be a liar to the SANE nurse in relation to the question they ask as to when was the last time she had consensual sex, and that's what Nifong is hiding and doesn't want to release.


126 posted on 05/18/2006 3:44:46 AM PDT by Jezebelle
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To: Locomotive Breath

Yep, and Dave came off exactly the way he should have - not too polished, guileless, vulnerable, honest and resolute.

My guess is that Nifong was in the men's loo changing his shorts after Dave spoke.


127 posted on 05/18/2006 3:47:14 AM PDT by Jezebelle
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To: Jezebelle

I think I must have missed that reporting. Thanks for the update and correction.


128 posted on 05/18/2006 3:50:24 AM PDT by Alia
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To: Jezebelle
But for the DEFENDANTS to file a civil suit against Mangum NOW would put all of her conversations with Nifong on the record, and just think how valuable that would be in showing malfeasance, with the DA's office being the ultimate target.

This is a great idea. This may be a blessing in disguise for Crystal.

She needs a way to get out of this without being criminally prosecuted herself for making a false report of rape. Being sued civilly and losing wouldn't hurt her much financially, altho it would hurt her reputation (which doesn't matter because it's not good to start with).

OTOH, Jesse Jackson hooked her up with a civil lawyer who may be encouraging her to civilly sue the players. We know JJ and the people he consorts with are only concerned with racially pimping Crystal to extort money from the families and/or Duke University. Altho, they'd settle for a criminal trial. Even if the players are found not guilty, that's no proof she didn't make the story up. So they end up with another "poor black woman victimized by white men and got no justice" poster child.

129 posted on 05/18/2006 3:56:39 AM PDT by uncitizen (" We are a nation of NATIVES")
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To: Dr. Richard Kimble

Escorts are prostitutes - call girls. I doubt that her reported income is her true income.


130 posted on 05/18/2006 3:57:28 AM PDT by Jezebelle
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To: Dr. Richard Kimble
I'm not sure what "locking" college records would mean. A university cannot release your records without your permission under any circumstances.
131 posted on 05/18/2006 3:58:09 AM PDT by Locomotive Breath (In the shuffling madness)
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To: uncitizen

That's why I think Reade should sue her, and do it NOW.


132 posted on 05/18/2006 4:06:08 AM PDT by Jezebelle
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To: Dr. Richard Kimble

She probably doesn't have insurance, and her car is probably registered to someone else - a relative or her boyfriend, and they probably carry the minimum the state requires in order to be able to register it and keep the tags current.


133 posted on 05/18/2006 4:16:33 AM PDT by Jezebelle
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To: uncitizen

They will have to seek a factual finding of innocence, if NV law provides for such a procedure.

The point of suing her would be to get the goods on Nifong and subject Mangum to criminal prosecution for filing a false report.

A suit against Mangum now could conceivably burn both their houses to the ground and bring about a rapid dismissal of charges.


134 posted on 05/18/2006 4:19:58 AM PDT by Jezebelle
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To: Locomotive Breath
Lawyer urges accuser's kin to stop statements

After almost daily appearances on national television, the family of the woman accusing three Duke lacrosse players of rape is being urged to take a lower profile.

The family has turned to local lawyer Mark Simeon, who said he plans on cutting off the family's frequent statements to the media and appearances on national television.

"It's created problems," Simeon said. "They have been inadvertently hurting their daughter."

Simeon has said that he would like to represent the accuser in any future civil litigation. However, he said, he has not spoken to the accuser.

He also represents Kim Roberts, the other dancer hired through an escort service to perform at the March 13 Duke University lacrosse party.

135 posted on 05/18/2006 4:21:12 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

I think Simeon would have a conflict of interest problem in representing both Roberts and Mangum.


136 posted on 05/18/2006 4:24:56 AM PDT by writmeister
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To: Jezebelle
The point of suing her would be to get the goods on Nifong and subject Mangum to criminal prosecution for filing a false report. A suit against Mangum now could conceivably burn both their houses to the ground and bring about a rapid dismissal of charges.

In understand the point. But i doubt the prosecutors office under Nifong would be eager to criminally prosecute her for filing a false report if it were brought out in the civil trial that he, himself, had something to do with propogating the false case.

Mangum should be praying for this. She get's outta this mess and with only a worsened reputation. And she doesn't have to worry about being criminally prosecuted by Nifong because she's got the goods on him and even if she doesn't somebody does. He can't/won't go thru with it.

This is based on my personal belief of prosecutorial misconduct on Nifong which can get him removed from office if the facts are shown.

I'm not advocating for Crystal at all. I just want this nightmare to be over for the players. And i want their reputations to be restored and their futures to be bright again.

I think your suggestion of the players filing a civil suit against Crystal is a better option than their going to criminal court and as you say it would certainly cut that off at the pass.

137 posted on 05/18/2006 4:48:37 AM PDT by uncitizen (" We are a nation of NATIVES")
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To: Locomotive Breath

The false accuser's family says Nifong is keeping their daughter in a "safe location":

http://www.nbc17.com/news/9235603/detail.html


138 posted on 05/18/2006 5:13:22 AM PDT by GAgal
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To: Jezebelle

I agree! Well said.


139 posted on 05/18/2006 5:36:05 AM PDT by TommyDale (North Carolina looks forward to the disbarring of Mike Nifong.)
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To: Jezebelle

This could not work for the defendants. Their suit would be dismissed when they refused to appear for depositions. However, the other members of the duke team could bring a suit, but the downside is that their stories would be known and the perjury on the other side would start. right now, as nifung did not want to see anything, he will not go the full story in advance and once he commits himself he will be shredded.


140 posted on 05/18/2006 6:52:57 AM PDT by streeeetwise
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