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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: Locomotive Breath

Discovery is a be-yotch!


81 posted on 05/17/2006 2:29:42 PM PDT by Perdogg (Durham - The San Francisco of North Carolina)
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To: Locomotive Breath

Your welcome. Did they ever catch Charley who stole the handle?


82 posted on 05/17/2006 2:30:53 PM PDT by RetiredArmy (I've pretty much given up on all politicians. They all lie, cheat, and ignore the voters.)
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To: Locomotive Breath

Question: A civil trial would have to wait until the criminal trial is over, correct? Or can the AV file a civil suit anytime?

Perhaps, if she really wants compensation, her family would push the DA for a speedy criminal trial so they could get on with their civil suit....


83 posted on 05/17/2006 2:33:41 PM PDT by old and cranky (You! Out Of The Gene Pool - Now!)
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To: Locomotive Breath

HA! That's not what I read last night. I read that Willis had BEEN TRYING to contact the FA's mother to offer assistance, and she refused.


84 posted on 05/17/2006 2:54:12 PM PDT by Alia
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To: TexKat

That was from God, No doubts, TexKat. And so true. All of it.


85 posted on 05/17/2006 3:01:39 PM PDT by Alia
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To: RecallMoran

I read that the Duke PD informed Dean of Student Affairs Sue Wasiolek about the rape accusationon the morning of the 14th. She told the athletic director who told Coach Pressler. But if she or someone else in the Duke Admin. didn't personally inform the players' parents that their sons might be in legal jeopardy, perhaps the parents could sue for that failure.

The Duke PD passed on erroneous information - that the charges were likely to be misdemeanors which would go away. I can't believe that if the parents were told there was a rape charge they wouldn't have immediately gotten representation for their sons. Instead, the boys were alone when the search warrant was served two days later.


86 posted on 05/17/2006 3:24:25 PM PDT by GAgal
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To: GAgal
The Duke PD passed on erroneous information - that the charges were likely to be misdemeanors which would go away. I can't believe that if the parents were told there was a rape charge they wouldn't have immediately gotten representation for their sons. Instead, the boys were alone when the search warrant was served two days later.

Wonder if they were ever Mirandized early on? If not, whatever information they gave the investigators might be inadmissable...

87 posted on 05/17/2006 3:29:47 PM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: GAgal

Limbaugh: "A Defendant Can't Defend His Innocence?"

http://www.rushlimbaugh.com/home/daily/site_051606/content/cutting_edge.guest.html


88 posted on 05/17/2006 3:30:20 PM PDT by GAgal
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To: abb

Don't they only do that when they're arrested?


89 posted on 05/17/2006 3:59:24 PM PDT by GAgal
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To: GAgal

I do not know. But it seems that if the players helped investigators gather evidence which later was used to incriminate the same players and weren't advised of that possibility, then I could see a challenge to admissibility...


90 posted on 05/17/2006 4:15:13 PM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: RetiredArmy

Nope - that train still has no way to slow down.


91 posted on 05/17/2006 6:18:31 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath
Hannity & Colmes: Kimberly Guillfoyle got religion on this case! Saying Nifong should not be delaying this case. Says something about bringing public pressure on the DA. "Accuser should go to prison for maximimum term if charges are false." Says she was very impressed with Dave Evans speech. WOW!

(sorry my transcription skills are not in Peaches' league, but it's the best I can do!)

92 posted on 05/17/2006 6:36:10 PM PDT by Ken H
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To: Ken H
Yep, Kimberly gets it. There really is a story here, and there really are victims. If NG were really such a victims rights activist, she would see who is really being hurt here.

Unless Nifong has a bombshell, this case is bogus, and most objective legal analysts agree.

93 posted on 05/17/2006 6:40:27 PM PDT by NeonKnight (We don't believe you, you need more people.)
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To: NeonKnight

Mark Furman was absolutely scathing toward Nifong's handling of the case on Getta last night. Says sarcastically that Nifong needs to have a video of the rape itself to have a case now.


94 posted on 05/17/2006 6:45:44 PM PDT by Ken H
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To: GAgal

That link gives you log-in to 24/7


95 posted on 05/17/2006 7:01:34 PM PDT by RecallMoran (Recall Brodhead)
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To: Ken H
Other points brought up on H&C: Megyn Kendall and Sean say they have heard from multiple sources that the defense has MUCH more evidence than they've revealed. (not a surprise to us)

Kimberly says the accuser's mother is the one pushing for the civil suit, not the accuser.

96 posted on 05/17/2006 7:25:08 PM PDT by Ken H
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To: All

I said the other night and I still believe it: the Distric Attorney will ask for an extension or postponement, he will ask the judge for more time to comply with discovery.
He doesn't want to share that stuff and there is value is delaying it every day he can.

The Defense can share it with the News Corpse for days after they get it, Nifong will try to deny them that.


97 posted on 05/17/2006 10:57:59 PM PDT by Dr. Richard Kimble
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To: Ken H
On the day of the speech, I thought Susan Filan was going to cry on the air. Two days earlier, while guest hosting Abrams show, she had been screeching "broomstick, broomstick!"

Up until Dave Evans speech, for most of the female talking heads, the members of the Duke lax team were just a bunch of anonymous drunken rapist "frat" boys. Now they realize that these are actual people and the children of actual parents. The speech did exactly what it was supposed to do which was to humanize the team.
98 posted on 05/18/2006 12:00:45 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath
The rape shield law will not protect her in civil court and she would be made to take the stand.

If that state has loser pay laws for frivolous suits, she might want to re-think that.
99 posted on 05/18/2006 12:02:57 AM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: All; A CA Guy; Locomotive Breath

I would be willing to bet my paycheck that Nifong requests a delay in providing discovery. Nifong does not want the cat out of the bag.

T. Sowell had a great article along those lines. His theory was that the Public outrage would be next to nothing if they slowly find out over time that this was a fraud. If they find out now abruptly, the public would demand action. If the sheep are told little by little over time then it is old news and there is not sharp and angry reaction to the news.

Kimberly Gilfoil on Hannity tonight certianly has changed her tune. No one would recognize the woman. She was calling for the case to be dropped NOW. The media knows something we do not. They may have found out the boyfriend's record of fraud or that the Mother has brought lawsuits before. Gilfoil said the Mother is running the show and GilFoil said I bet the accuser signs on the the Civil lawyer because that is what the Mother wants.

Too many News pundits are turning at the same time. There is something out there that is changing minds.

I saw Gilfoil after the Defense Lawyers press conference on the DNA. I saw her twice on TV. She said this is spin and what would you expect them to say and let's see if they ask for a speedy trial and let's see if they take the stand in court. Fast forward to Wednesday night May 18th, Sean refers to a blockbuster out there that may exonerate these boys. The other guest says he is hearing the same things, and Kimberly Gilfoil has been totally converted. Not only is this case a miscarrige of justice, but she mentions FRAUD and she says it is not good enough for the players to be found innocent at trial, but if the Rumors are true - the case should be dropped NOW.

Theres a hungry shark out in the surf and the only question is when will he bite.

I thought right away when I heard that Nifong was cursing and yelling loud enough for the News reporters to hear him on the other side of the building and that he had banned reporters from a large portion of a public building suddenly - that these are not the actions of a confident man. These are the actions of a man going down. Going down of his own making, by his own hand.


100 posted on 05/18/2006 12:30:30 AM PDT by Dr. Richard Kimble
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