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Duke rape case set for 2007
Toronto Star ^ | May 19, 2006. 07:02 AM | staff

Posted on 05/19/2006 7:17:27 AM PDT by Perdogg

DURHAM, N.C.—One of three Duke University lacrosse players charged with rape wants the case resolved in time for the next school year, his lawyer said in court yesterday. But the judge warned he will not fast-track the proceedings.

The case "is not going to jump ahead of the line and be handled any differently," Superior Court Judge Ronald L. Stephens said at a hearing for sophomore Reade Seligmann.

After the brief hearing, District Attorney Mike Nifong said he does not expect any trial to begin before next year.

(Excerpt) Read more at thestar.com ...


TOPICS: Local News
KEYWORDS: benchavis; duke; dukelax; hanover; ncc; ncnb; nifong; noi; wachovia; wcc
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To: maggief

Yes. That's him and her.


681 posted on 05/21/2006 5:52:57 PM PDT by toldyou
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To: pepperhead; All

"And since Nifong was dealing with speeding tickets and red-light violations before he got his current position I am sure he is on record for them."


It sounds like he is presently ignoring the "red-light," violations.


682 posted on 05/21/2006 5:57:45 PM PDT by toldyou
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To: bjc

I tend to agree. I think juries will tend to believe photographs are not altered unless someone can convincingly show they they are altered.

Now as for a judge not admitting them into evidence, I don't know. I am a little surprised by Locomotive Breath's argument. It is not like regular photographs can not be altered. I would think it might depend on which side it trying to introduce the evidence. Remember a defendent need only create doubt.

It would to me hard to argue that a defendant may not introduce photographic evidence unless it can be shown to be altered. But then I am not an attorney nor a judge, just merely an economist who thinks implicit in the US Constitution is that a defendant can offer whatever defense he wants.


683 posted on 05/21/2006 6:16:41 PM PDT by JLS
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To: Krodg
If a statement that said "did knowingly cause harm to another or another's unborn child" was in a police report, wouldn't that mean that defendant stated she was pregnant?

To me that statement means the defendant knew that one victim of their crime was pregnant and thus knew their actions could harm the person and their child. But as I just said, I am not a lawyer.
684 posted on 05/21/2006 6:19:00 PM PDT by JLS
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To: JLS

Thanks for your help. Would you mind if I pm'd you with a little more detail?


685 posted on 05/21/2006 6:45:12 PM PDT by Krodg
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To: Vn_survivor_67-68
Well here is the Time article in full, and also the transcript of The Abrams' Report in which Dan had as a guest Greg Fulton from Time. One thing I thing that is important is before this was aired Greg Fulton made "the rounds" being IMO rather arrogant feeling he had "the BIG story" that blew up the Seligmann Alibi, but after Abrams torn his whole story apart he became an impish wimp agreeing with Dan trying not to look like a fool.

http://www.time.com/time/nation/article/0,8599,1187945,00.html

http://www.msnbc.msn.com/id/12531691/

686 posted on 05/21/2006 6:56:57 PM PDT by za_claws
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To: JLS
It would to me hard to argue that a defendant may not introduce photographic evidence unless it can be shown to be altered.

That's my take on it. I think the main battle will be over what extent the false accuser's past will be admissible.

I simply can't fathom that a judge in the national spotlight would bar these photos. And if the judge does admit them, then presumably he listened to the experts on both sides, and accepted the defense's argument.

687 posted on 05/21/2006 7:13:06 PM PDT by Ken H
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To: za_claws

Interesting...wonder who leaked the photos?


688 posted on 05/21/2006 7:21:41 PM PDT by Protect the Bill of Rights
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To: BlueStateDepression; PeskyOne
Punishment for accusation alone is WAY over the line.

I agree, but that is the whole point of zero tolerance. Accusations are generally enough to punish. They don't have to prove anything. You don't fit their mold? In the wrong place at the wrong time? Out. You're expendable. Your child is expendable. It does not take much.

Even if a student is later cleared in Court, he or she is still, in the final analysis, suspended, or thrown off the team, or expelled from school, and their future prospects are ruined. They are not treated as "innocent until proven guilty." Why? So someone in power can have their power trip and quickly close a case or "make an example" out of someone.

They don't care who is guilty. They won't listen, either. Any attempts you make to exonerate your child, even with solid proof, will make no difference in the rigged outcome. For them, it's all about finding a convenient culprit. A quick fix. And yes, the irony is that the truly guilty are not punished.

The reality is, we don't have the rights we think we have, and if you stand up and fight, you become the next target. Zero tolerance is all about intimidation, not justice.

It is for a jury to determine guilt or innocence. Suppose any one of these young men is cleared and waves his exoneration papers under the noses of school officials? He is still beyond finished. He will never play at Duke again and it is very likely no other school will accept him as campus protests will result. He will be harassed and treated like a leper. He will never beat the "guilty" tag. And he, and his family, won't get any apologies, either.

This is what life is like for those ruined by false accusers and their cohorts in the System.

689 posted on 05/21/2006 7:25:47 PM PDT by pray4liberty (School District horrors: http://totallyunjust.tripod.com)
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To: za_claws

Fulton is not keeping his eyes on the donut.....simply looking at the pic makes it clear that the person who is almost into the passenger seat is leaving, not arriving, for the reasons I stated above.

Kims car is black or dark blue.....shortly thereafter Kims car with the FA in the passenger seat appears at the Kroger....the cops and the guard prove it......Mostafa is just plain mistaken about Kim/FA in a white car, but the hard evidence from his call log, the ATM, and the card swipe at the dorm proves the remainder of his story re Seligman and one other player.

The pic shows the passed-out FA is being stuffed into Kims car, NOT being welcomed with assistance exiting the car......geez, look at the bent knee and the position of her right leg.....no way is she getting out of the car.....the "altered" timestamp is being floated in hopes it will stick, to the benefit of the False Prosecution and False Accuser.


690 posted on 05/21/2006 7:32:15 PM PDT by Vn_survivor_67-68
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To: Protect the Bill of Rights
it is my understanding it was Kerry Sutton (I could be wrong) that leaked them, even though she is not Seligmann's attorney, and this apparently upset some of the other attorneys. I know Collin's attorney really does not believe letting the DA know their hand.
691 posted on 05/21/2006 7:32:43 PM PDT by za_claws
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To: Vn_survivor_67-68
don't get me wrong I totally believe the picture shows CGM leaving w/ Kim and the time is 12:41. I'm only pointing out were the DA actual was w/ this case a couple of weeks ago and maybe still.
To me it is mind-boggling, that they were floating this theory after they had made two indictments
692 posted on 05/21/2006 7:41:12 PM PDT by za_claws
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To: za_claws

That was my first guess. Major uh-oh. A bit suspicious, but that is cynical me, LOL!

Was she a judge at one time? Maybe I heard wrong.


693 posted on 05/21/2006 7:57:21 PM PDT by Protect the Bill of Rights
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To: za_claws

yes....I'm not at odds with you at all; sorry if you thought I might be......the pic shows what it shows, and a fair-minded jury would see claim that it shows her arriving and that the timestamp has been altered as the desperate lie that it is.


694 posted on 05/21/2006 7:57:38 PM PDT by Vn_survivor_67-68
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To: Protect the Bill of Rights
She is Dan's attorney, the roommate of Dave, I believe, and also the one who said she was a big supporter of Nifong's election, and also the subject to Nifong tirade after the Friday night news conference
695 posted on 05/21/2006 8:02:56 PM PDT by za_claws
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To: za_claws

I've heard references to Nifong's tirade on Friday and one earlier on the week. Do we know what it was about?


696 posted on 05/21/2006 8:07:25 PM PDT by RecallMoran (Recall Brodhead)
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To: RecallMoran

I heard about the one earlier in the week..It was about the press conference.

I did not hear about the one Friday...does anyone have details?


697 posted on 05/21/2006 8:10:28 PM PDT by Protect the Bill of Rights
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To: RecallMoran
The one I was referring to was on Monday I believe, and it is when he screamed at Sutton, because he was VERY angry at the defense for staging the press conference Friday night, the one they talked about the DNA.

... The indictment came following a hallway confrontation today at the Durham County courthouse, in which District Attorney Mike Nifong laced into defense lawyer Kerry Sutton in an expletive-laden tirade in which he complained angrily about last Friday's defense team news conference. At that briefing, Cheshire and five other defense attorneys — including Sutton — criticized Nifong for releasing the second DNA report on a Friday afternoon and accused him of leaking selective portions of the report to the media. No Semen on Swabs, No Blood on Plastic Nail ABC News' Law & Justice Unit was given exclusive details about the latest DNA report in the Duke lacrosse rape investigation and was shown and reviewed parts of the 10-page document.... from ABC News

698 posted on 05/21/2006 8:15:50 PM PDT by za_claws
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To: Protect the Bill of Rights

Sutton seems to get all around.....represents Zash, Evans.

(I suppose it's possible that she's a double agent)

http://www.google.com/search?hl=en&q=%22kerry+sutton%22+client+duke

from a cache link at above:

The indictment came following a hallway confrontation today at the Durham County courthouse, in which District Attorney Mike Nifong laced into defense lawyer Kerry Sutton in an expletive-laden tirade where he complained angrily about last Friday's defense team news conference.

At that briefing, defense attorney Joe Cheshire and five other lawyers -- including Sutton -- criticized Nifong for releasing the second DNA report at 5 p.m. ET on a Friday and accused him of leaking selective portions of the report to the media.


699 posted on 05/21/2006 8:16:35 PM PDT by Vn_survivor_67-68
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To: Protect the Bill of Rights

I've followed this pretty closely but have never received details about the tirades. Nifong had the gall to have a tirade after the Friday press conference? About what? That he got caught grossly exaggerating about the results of the DNA test, failing to disclose the other DNA found on the FA, etc.? The mind boggles at a DA who knowingly lied to the public by stating that the defendants may have used condoms when he knew as a medical and testimonial fact that they did not.


700 posted on 05/21/2006 8:19:34 PM PDT by RecallMoran (Recall Brodhead)
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