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 ...
Thank God!
(05/22/06 - DURHAM) - There are new developments in the Duke lacrosse rape investigation. Defense lawyers say they didn't get everything they wanted, when a box full of evidence was handed over.
Nearly 1,300 pages of evidence along with two VHS tapes and a CD ROM with photos on it were turned over last week. Monday morning, two new motions were filed.
Defense lawyers say the box did not contain a toxicology report on the accuser.
They believe one exists citing a Newsweek article in which District Attorney Mike Nifong alludes to the possibility of the date rape drug being used.
The defense also claims they were given an incomplete sexual assault report on the accuser.
They also want the complete cell phone records from the accuser's cell phone.
Nifong is bound to try and discredit the photos. He will have to make the attempt.
The boy's lawyers knew this the moment they first got the pictures. I am sure they are ready for any argument Nifong tries.
The battle would happen anyway, no matter what.
Nifong has a lot more problems than just some photos, anyway. Photos he didn't want to see, remember.
I don't think Nifong has any real evidence whatsoever except CGM's word. If he had anything big, he'd have trumpeted it all over by now.
His inexperience is causing him to think he has great evidence in things like the SANE report, and the almost but not quite DNA on the fingernail, but more experienced lawyers will school him on that.
It is his inexperience that is showing in his failure to look at the photos, failure to examine the phone, his claim that the DNA would reveal the attackers, etc.
This is all inexperience showing.
He hasn't got a clue how to run this thing, and it shows.
It will really show in court, I hope.
My understandind is that the pictures shown to the public were taken with a cell phone. There may be others. Pictures always require testimony from witnesses, unless, I suppose, they were taken by security cameras and taken as evidence by the police. Digital pictures are routinely admitted as evidence if they are supported by testimony.
I think there are going to be multiple independent lines of evidence supporting the timeline.
HA! Right out of the Clinton playbook!
Did the accuser refuse to allow a tox screen?
What excuse can Nifong give for not including it if one exists?
Well, well, well.....
Did CGM refuse?
Is Nifong caught in another little white lie?
Somebody do tell.....
Pinging the DukeLax Ping List.
No Tox report contained in prosecution evidence turned over to defense @ last week's hearing...
http://abclocal.go.com/wtvd/story?section=triangle&id=4194520
Nifong is holding back. Thanks for the ping and update.
No tox report, incomplete sex assault report....
A dollar to a donut, CGM refused the one and incompetence is the cause of the other....
If he has a tox report, and didn't release it to the defense, the judge should find him in contempt of court.
Nifong is not sure if there is a tox report, but he hasn't read it yet.....
If this s true, then Nifong has given the defense teams a baseball bat with which to beat him senseless. Can he be that stupid, disturbed or malevolent?
The judge should dismiss the case.
This is the sort of stuff that makes people say Nifong must have something else.
It is getting really hard to believe he can go on with this case......
The tox report was supposed to be one of the "big things" Nifong had to go on with.
After the judge's order for voluntary disclosure, it's difficult to see how the prosecution could be holding something back.
I suspect, as does everyone else, that the defense team is soon going to ask for a compulsory order from the judge directed to Nifong to comply with their requests. And then, if he is not forthcoming, the defense will put on a strong effort to have the case dismissed.
Does "an incomplete sexual assault report" mean that there are tests that weren't done that should have been? I don't see how delays like this help Nifong. It just plays into the idea that he's not acting in good faith, and is trying to hide exculpatory evidence ... like the accuser's possible refusal to allow a tox screen.
I am beginning to think Nifong is a couple sandwiches shy of a picnic.....
What can he possibly be thinking?
The only acceptable reason for not turning it over is that it doesn't exist.
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