Posted on 05/17/2006 7:41:55 PM PDT by Protect the Bill of Rights
http://www.wral.com/dukelacrosse/index.html
(Excerpt) Read more at wral.com ...
Yep. How pathetic!
Judge orders phone discovered!!
Phone, what phone? I thought is was in here....can't seem to find it.
"If you can talk"
HAHAHAHAHAHA
Judge: How does Nifong feel about integrity of cell phone?
Nifong: Have our own expert. Is reviewing cell phone seized and computer discs.
Judge: Third party phone?
Nifong: Not sure about that.
Judge: Court would like to review whatever comes of cell phone in chambers to protect privacy interests of others not involved.
Judge: Order phone be examined. Let DA and defense talk about how that can be done. If they can't come to agreement they can submit orders and judge will make decision.
Discovered--that means defense expert gets it? Help
Seligmann's attorney: Stripper's phone found outside by lacrosse players and her purse. They gave it to cops.
Judge: So it's in the custody of police department. It's matter of evidence for state.
Nifong: Lead investigator couldn't make it today, but I assume that's right.
Judge: Matter that would be evidence for you during course of trial?
Nifong: Yes. Confirms some of the testimony about what was left behind.
Judge: Want to maintain integrity of evidence if turned over to someone else you'd lose integrity of it. If you want to talk about an order.
Seligmans atty: Our expert will go to the phone and do whatever is necessary to charge it and get info off it with supervision of cops.
Nifong: I believe that's been done. What evidence does he think he's entitled to.
Judge: If you have your folks do that and the court can review that in camera we can determine if it's discoverable.
Nifong: Mr. Osbon thinks we can't do this and keep evidence safe.
Osbon: Why aren't we entitled to find out who she was calling from the house? Why can't we know the last 10 calls she made? The important thing is - if it isn't done properly and now the battery loses its charge and data in teh phone disappears. If it's started up without being charged, not handled properly...
Judge: I undestand your position on that. Mr. Nifong - it appears to me that is information that needs to be produced and court is going to order it produced.
It's part of his evidence and I'll look at your order but i want to make sure whatever is done that he's satisfied with the security of it.
I need to hear from you on that Mr. DA. Your people can then obtain whatever information you want from it, done in conjunction with defendant's counsel.
Nifong: Expert at polic department who is reviewing cell phones retried and has not processed it yet to my knowledge.
Judge: My understanding is this is a third party's phone.
Nifong: I don't know if it's her or not.
Judge: Maybe privacy issues. Whatever comes from this we'd like to review it in chambers so frankly something that shouldn't be made public isn't to protect privacy of others who weren't involved in this. I'm going to order that the phone be examined and information gotten off it. I'll let you two talk about how to get it done. If you can talk. If you can't work it out, then both submit to me porposals and I'll accept one or the other or do my own. The information that ocmes thereafter will be for my review in camera. I want to protect the information to protect the contents from release except to the court.
Osbon: You need to handle cell phone carefully.
Judge: I want to make sure no one acts on that information until I review it.
Judge is having the attorneys talk about it? For Chrissakes, judge, make a decision!
Thanks. I was wondering about that.
Litigator husband says "It shows."
It does indeed. Sheesh.
Don't ask, don't tell.
So that means that Crystal's address book in the phone (if it's not erased) is subject to discovery? Cool!
He looks nervous.
Judge would like to say: "I wish I wasn't here."
Nifong: Lead investigator couldn't make it today, but I assume that's right.
Assume?! Okaaaaay.....
Osbon: Missed what he said
Judge: Ummmm, long silence. This isn't a trial. We're in criminal admin setting. There's a lot of things done fairly informally. SOmetimes I might even ask you to approach the bench. We do that every day and we don't record that. Anything of substance that you want recorded, I'll let you request that. You're tellming me you want everything said to be recorded.
Osbon: We're not asking bench conferences be recorded. But, for instance, what's going on here today we'd like to have be recorded.
Judge: I'll allow that.
Osbon: Will you hear a bond reduction.
Judge: No sir.
Nifong doing a smuck laugh
Defense: motion for complete recordation of this case.
Judge: this is not a trial now. anything of substance that defense wants recorded you can request that be recorded.
Judge: allow motion for everything to be recorded.
Defense: motion for bond reduction. $400,000 excessive.
Judge: bond is appropriate and was set by this court. i will reveiw and at next setting will hear it.
He's so slimey!
Yep! He's playing for the national TV cameras.
Won't entertain bond reduction hearing today. Bond is within the guidelines. And he's out.
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.