Gag order sought in lacrosse case (NAACP Wants Gag Order)

Durham Herald-Sun ^ | May 25, 2006 | PAUL BONNER

[Vn_survivor_67-68]

"What parts of it did you find interesting or germane?"

The forms that are filled in while comprising the actual "report"....the details of the check-boxes, the visuals created by marking injuries on body and body part drawings, and the narratives, and statements made by the accuser.

If this exam was conducted completely and documented as it SHOULD have been and NIFONG has deprived Defense of 12 of the 17 sections, well, you can finish the sentence....and going a bit further, any insights as to what ELSE to pursue that would be indicated in the 12 missing sections is even more that defense has deprived of.

If you were accused of this, which 12 sections would you agree to defend yourself without?

[SirJohnBarleycorn]

If this driver is one the three men she told police could have been the DNA contributor (which was her boyfriend and her two "drivers"), then they must have been recently having sex, and he probably knows her better than he's letting on.

Also, if she was modeling see-through stripper outfits for him at his home prior to going to the lacrosse party, it's not hard to guess what they ended up doing and why she was late to the party.

Wonder if her "boyfriend" knew she was in the habit of having sex with both of her drivers. I wonder if she was hiding the fact from her boyfriend that she was stripping and prostituting to earn cash. I wonder whether her boyfriend is in the "business" - if so, undoubtedly he knew the score, if not, perhaps she was hiding things from him and perhaps whatever web of lies she had been spinning for the boyfriend may have been a factor in her decision to cry rape.

---

BTW, this was the final version of that transcription:

Starting Date Tuesday March 14, 2006 at 12:58:07 AM: [radio static]

12:58:10 AM “I’m in the alley, it’s about a half block down from where you are”

12:58:19 AM “I’m standing right here on the sidewalk, actually on Buchanan, at uh, 610, right now”

12:58:28 AM “…walk up there and walk down, but these kids -- they’ve already left”

12:58:39 AM [radio static]

12:58:43 AM “610, uh, Buchanan, but there’s nobody here, and they’ve all already left”

12:58:52 AM “Sent two other units out, then we’ll do a little knock and talk, see if anyone’s home”

1:33:55 AM “She -- she’s breathing and appears to be fine, she’s not in distress, she’s just passed out drunk “

2:12:08 AM “Uh, um, yeah call and see if you can’t get somebody close to Charles Street to ride by there and check on them young ‘uns”

2:37:07 AM “She’s uh, on the way to Duke now, and they’re going to get a SANE nurse and start a report, and then uh I’ll let you know where we are at that point” [different voice:] “Allright, you caught up 303?” [original voice:] “That’s your job, Big Daddy”

2:39:03 AM “Uh the one that we talked to at the Kroger knew her?” [a different voice:] “Quite possibly … [they worked together?]”

[Mike Nifong]

And the comments that Driver had gone to see her dance in Smithfield and Hillsborough in the past don't jive with the News and Observer's early coverage when they wrote she had never danced for a group before and that she had only just started doing this 6 weeks or 8 weeks ago.

They are letting this stuff out slowly and trying to minimize the import at the same time.

[darbymcgill]

BTW, this was the final version of that transcription:

And what version number would that be SirJB?? 12.3.1.0 ;)

[SirJohnBarleycorn]

I can only plead earwax...

I find it interesting that she called her "driver" from Duke Hospital at 7:00 a.m. to ask him to go pick up her kids from her parents. Why didn't she have her boyfriend do that? Of if her boyfriend really did come to get her at the hospital, why didn't she just plan that the two of them would drive over to her parents to pick up the kids (which was probably what happened anyway)?

I wonder now if she was trying to avoid having the boyfriend learn about the incident and finally in the early morning hours realized nobody was else was going to help her and she had to finally get her boyfriend involved.

Recall that during the press conference in which Cheshire discussed the 2nd DNA test results, he said something to the effect that the defense would not divulge the name of the "boyfriend" who was the DNA match because "that individual has made no accusations against these boys."

I thought that was a rather strange reason to offer for not naming the boyfriend. Perhaps it was a warning shot across the boyfriend's bow that if he comes forward and starts supporting Crystal's false accusations, he can expect some unwelcome publicity to be shined under the rock he lives under.

[darbymcgill]

he can expect some unwelcome publicity to be shined under the rock he lives under.

I can imagine the the "local" lawyers have enough contacts from their pro bono work or otherwise to know just about everything there is to know about the AV and her associates.

Who else do criminal lawyers work with for the most part besides criminals.... duH......

If her kids were at her parents house and dad is retired, what was the big deal about checking on the kids at 2:00AM and then again at 7:00AM... If she called her "driver" to go pick up her kids why couldn't she just call her folks and check on them herself? Who would have someone "that doesn't know her that well" go pick up her kids. What was he going to do with them? And what was anyone going to do at 2:00AM if they drove by "to check the young uns"?

[Publius22]

I think the best explanation for Sgt. Shelton requesting the unit to check on her children is that by 2AM, CGM was in full victim mode. She realized she was headed to Durham Access and started pleading with the cop that she had children at home.

As for having her "driver" pick up her kids at 7AM, I haven't any idea. Perhaps she didn't want her father to know, but doesn't her father live at Charles Street? Who did the police talk to when they checked on her children?

[Publius22]

Taylor said he has not seen the accuser since that night. Police came to his home weeks ago and asked him to make a statement.

I wonder if the police already had the statement written for him. It's hard not to be cynical in this case considering the behavior of the DA.

The reporter did not ask him about the supposed bruises that both Dan Abrahams and Megyn Kendall have claimed to see in photos of her before she started dancing.

[I want to know]

From all the stories circulating concerning the night of the party/allegations IIRC the AV's father said he and his son went to DMC in the early morning hours to check on his daughter. They didn't get to see her and no one would tell them why she was there so they went home. If the AV assumed she would be done by 1:30 or so, she might have told her parents she would pick up the children and take them home when she was done (I think she lived on Da Vinci Street). That could be the reason why she mentioned her children were at Charles St. When the police got there they naturally informed her father that she was at DMC.

The next day would be a school day (I know Duke was out for spring break but most grammar schools let out for spring break around Easter) so maybe she wanted the "driver" to pick up her children so they could still go to school.

I don't think we are hearing the whole story (or the truth) from any of the people on the AV's side of this case.

[darbymcgill]

the AV's father said he and his son went to DMC in the early morning hours to check on his daughter.

Geezzz.. Now does that make sense. She had the cops go by to check on the kids... that may not have been her request or maybe it was her attempt to bond with the cops... The kids were at her folks house... Why would they need to be checked.. If Tues. was a school day, they shoulda been in bed.. I can see that they should have called the folks and let them know there was a problem or something, but not to check on the kids... Unless she doesn't trust her folks to keep the kids safe past her appointed return time... I doubt that...

The next day would be a school day (I know Duke was out for spring break but most grammar schools let out for spring break around Easter) so maybe she wanted the "driver" to pick up her children so they could still go to school.

Another weird thing to do... If daddy can get to DMC with brother or whomever or by himself, why would the driver need to go pick up the kids? Why can't daddy or brother take the kids to school? or get them to the bus stop or whatever...

I wonder if she was afraid DHS would be after her kids when the fit hit the shan and she wanted to get them hidden away... Sumptin weird going on here...

[Publius22]

From all the stories circulating concerning the night of the party/allegations IIRC the AV's father said...

I have to stop you right there. Anything that follows is highly suspect. lol

I remember in the initial reports the father said he learned of the incident from the media. Is lying hereditary?

[Wild Irish Rogue]

" the exam was performed by an in-training forensic nurse."

Ironically, I think that at some point, Nifong will throw the SANE nurse under the bus.
Because of her " inexperience " she was unable to see the horrendous lacerations and tearing and broom marks in the victim's hoo hoo.
Duke got a colposcope in 1999 http://www.dukehealth.org/news/283?search_highlight=SANE and for 25k, hopefully that included still and video capabilities.
If the SANE nurse, in training or not, was able to use photograhic evidence to document the lack of injuries , that will not deter Nifong.
He will no doubt find an " expert " witness who will see the injuries that no one else can.

[Protect the Bill of Rights]

FYI

http://www.ipetitions.com/petition/SupportReade/

[JLS]

Ironically, I think that at some point, Nifong will throw the SANE nurse under the bus.

Even Nifong is smart enough not to introduce that sane report. If he does, in exchange for testimony about swelling he gets a cross-exam about her sexual activity in the prior 72 hours that might have caused said swelling. As I said, surely even Nifong is smart to understand this?

[David Allen]

Nifong can't keep the SANE report OUT. If he fails to introduce it, the defense will. He can only choose not to introduce it.

The prosecutor cannot by fiat keep out the SANE report. He has to introduce and try to minimize the problems for his side of the case. He would not want to pass the witness to the defense without having tried to take the sting out of the bad spots. Otherwise, the defense is able to first disclose the problems to the jury, and that's good for the defense.

[RecallMoran]

Don't count on it. Nifong's case in chief is already in shambles, and Crystal's story hinges entirely on the SANE report. My guess is that he will simply authenticate the report with little or no further questions. At this point, he might as well throw the SANE nurse under the bus because every conceivable witness (from Crystal to every police officer to the Durham Access Center to the Duke police and on and on) has to be discredited in whole or in part. This prosecution is a sick joke.

His case in chief will last about an hour, consisting of the SANE report, Crystal's newest version of events and in-court ID, the infamous DNA on the fake fingernail, and that's about it. Probably exactly what he told the grand jury. I still think there is a fair chance this will never get to trial because eventually a real court will get hold of this.

[David Allen]

The ONLY safe path for Nifong is to keep charging forward, and let Crystal conclude she has to bail out. There is no way she is going to sit for cross-examination in this criminal matter. She will quit the case before trial.

[ltc8k6]

"He said that all he could tell investigators was about their visit and the drive to the house, which he had difficulty finding.

Taylor and his passenger were flagged down by a man outside 610 N. Buchanan Blvd. awaiting their arrival. "On our way there, she got two calls on her cell phone saying if you don't come soon, it's going to get canceled," Taylor said."


We know he couldn't find the house, we know he was very late, and we know there are at least 2 calls on CGM's phone that will give us the times we need. Those 2 calls were probably close to midnight, meaning CGM wasn't at 610 yet. Wrecking Nifong's timing.

[JLS]

Those 2 calls were probably close to midnight, meaning CGM wasn't at 610 yet. Wrecking Nifong's timing.

1. Which is why Nifong wanted no information from that cell phone.

2. Which is why the defense wants to be respect the privacy of her boyfriend and drivers. Mr. Taylor may end up a defense witness establishing when they arrived.

[Publius22]

I agree. I don't know at what point this case will be stopped, but she will not take the stand.

There is a part of me that wants to actually see her on the witness stand; however, three innocent young men's lives are at stake, so I hope it never gets to that point.