[maggief]

http://www.herald-sun.com/durham/4-736630.html


Noise violation trial postponed


May 19, 2006 : 8:24 pm ET

The noise ordinance violation trial of indicted Duke lacrosse player David Evans, scheduled for Tuesday, has been postponed.

Evans is one of three players indicted in the alleged rape of a woman at 610 N. Buchanan Blvd. in March. The rescheduled date was not available Friday.

The District Attorney's office said the trial was postponed because Ashley Cannon, the assistant DA handling the case, will be out of town on the proposed date, and doesn't indicate the state is going to drop the charge. Evans' attorney, Brad Bannon, called for the charge to be dropped Tuesday after District Court Judge David LaBarre found Daniel Flannery not guilty of violating the ordinance in the same incident. Flannery, like Evans, lived at the house. But Flannery isn't a suspect in the rape case.

The charge arose from a January party during which a neighbor called 911 to report a loud clanging noise. Police who responded cited Evans and Flannery for the loud music played at the party. After his ruling, Judge LaBarre said there were better ways the court could use its time than in hearing such cases.

(snip)

[abb]

Delay, delay, delay. Nifong doing everything he can to get this case out of the news and "cool the mark."

[pepperhead]

The District Attorney's office said the trial was postponed because Ashley Cannon, the assistant DA handling the case, will be out of town on the proposed date, and doesn't indicate the state is going to drop the charge.

I am sure it had nothing to do with the other noise ordinance case getting thrown out. (/sarcasm)

[sissyjane]

Yeah right....It's not because the judge on Thursday told the DA in the other noise violation case, that he was wasting his time.....