Posted on 05/25/2006 5:04:51 AM PDT by abb
She will never have to answer for what she's done, unless either she sues them or they sue her, and then only if it goes to deposition before settling.
I would love to see the criminal case collapse and the players sue her and make her roll over on Nifong and others. They could cover her up with lawsuits in different venues, and if she tries bankruptcy, take it all to federal court in a fraud adversary proceeding. Putting it in the federal court will keep out all the bottom-feeders in Durham who are only licensed in state court.
Correct!
Not being disagreeable, but at this point I don't think that Nifong has a safe path. He is effectively destroying his credibility with the group that is most important to his future, the legal profession. What defense attorney will ever believe him again when he says he has turned over the "entire file"? He now has to take a path that gives him some hope of restoring his credibility.
Yeah, she probably will bail out. Most false accusers do. But he still has to find a way to overcome the blight on his reputation. What better way then to blame everything on the DPD and then investigate them.
I agree, they are creating a problem that isn't there. The scariest thing is that sane rational people see it for what it is, but they are pandering to the irrationals.
Are you talking about the very first search warrant on March 16 (the one where the cops took the purse, phone, bathroom rugs, etc.)?
If Stephens doesn't grant the motions this time, the defense needs to go to federal district court.
Stephens probably knew Nifong would hold back, but he just wants to make the defense work for it and/or felt that they should at least review the discovery before asking him to grant such a motion. Well, the defense has reviewed the discovery, and it is clearly wanting. If Stephens denies the motion again, he jeopardizes the entire case and runs the risk of having the decision overturned under the Equal Protection clause of the Fourteenth Amendment right away. A state cannot make a law and then selectively apply it, and that's what Nifong is doing in this case. The Open Discovery law is not being fully applied if Stephens denies the Motion. The open question is whether or not Stephens will allow it to go on. I think he'll cover his own butt and grant the Motion.
No, grand juror's identity is kept secret from the public.
I thought Chris Day was with Duke police, not Durham.
Anyway, it's obvious Shelton didn't believe Mangum and was probing her story and that's why she didn't want to talk to him.
Yes, Day is with Duke PD... my mistake. I read another of my posts earlier and I referred to Nifong as "she" twice. There's much I don't understand about Nifong, but doubting his gender is not one of them.
To become the victim of a serious black-on-white hate crime where it is blatantly stated that he (or his loved one) is being victimized because of skin color.
Why? Because they knew the case was a sham and figured it would fizzle out. They didn't count on Nifong siezing on it to resuscitate it into a political hammer through which he could win the election. Now the cops are in a position of trying to make a silk purse out of a sow's ear.
That's going to create a big rift between DPD and Nifong, and this motion will begin driving that wedge. This may come down to Baker v. Nifong.
LOL! :>
I know their identity is secret, but hasn't anyone seen them walking in and out of the courthouse so as to state, in general, male or female, white or African-American. Or did they sneak them in and out through a backdoor?
ltc, the SBI results were announced on April 10. Nifong had a meeting with DNA Securities, the second testing entity the same day. The next day, the 11th, another meeting was held, and Mangum was called in to attend that second meeting with DNA Securities.
It looks to me like SBI did find the DNA in her, but obviously had no sample to compare it to except that of the players, to which there was obviously not match. The same day the results were officially back, Nifong met with DNA Securities, presumably about further testing, and Mangum attended another meeting with Nifong and DNA Securities the next day. So it also looks to me like Mangum was pressured at that time to give the names of the possible donors of that specimen.
Further, Cheshire said at the press conference, in answer to press questions, that two of the players DNA was found in the bathroom which is commonly expected, and that neither of those two matched the DNA found on the accuser, so he apparently had some idea that some unknown DNA had been found on her through the SBI testing.
That's my guess. This has to be somewhat embarassing for the judge, since he basically vouched for Nifong's character.
________________________________
So the defense is waiting for:
1. The first two lineup transcripts.
2. The complete notes from the initial police encounters.
3. Evidence from the cell phone seized in March.
4. The missing portions of the SANE exam.
5. Notes (if any) from the detox center prior to going to Duke Medical Center.
________________________________
Anything else?
Great catch! I doubt they think that, but who knows?
I would not be surprised if they do have a private entrance. The media and people in the local legal profession probably do know who at least some of them are, but it may be a criminal offense to reveal their names.
Grand jurors are prohibited from speaking about the cases they review or what is said, who appears, everything. The proceedings are usually recorded, but the recordings can only be released by court order and usually in connection with a judicial proceeding in which the content of the proceedings is extremely relevant to an important legal issue.
I think that covers it.
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