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Duke Player's Lawyers Seek More Evidence
Forbes ^ | 05.25.2006, 09:51 PM | staff

Posted on 05/26/2006 4:41:02 AM PDT by Perdogg

Lawyers for one of three Duke University men's lacrosse players charged with rape say in a motion filed Thursday that they want prosecutors to give them details about how the defendants' accuser described the men she says attacked her.

District Attorney Mike Nifong gave defense lawyers nearly 1,300 pages of evidence last week, saying it was his complete case file. But lawyers for Collin Finnerty say those documents include only one reference to police asking the accuser for a description, in what appears to be an investigator's note.

"I asked her questions trying to follow up on a better description of the suspects, she was unable to remember anything further about the suspects," the note from Durham police investigator B.W. Himan says, according to the motion filed by lawyers Bill Cotter and Wade Smith.

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


TOPICS: Chit/Chat; Local News; Miscellaneous
KEYWORDS: duke; dukelax; durham
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1 posted on 05/26/2006 4:41:05 AM PDT by Perdogg
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To: abb; amutr22; Alia; AntiGuv; AmishDude; Bogeygolfer; BossLady; Brytani; beyondashadow; bwteim; ...

ping


2 posted on 05/26/2006 4:42:10 AM PDT by Perdogg
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To: Perdogg

Sounds like Nifong may be playing a litle fast and loose with the rules of discovery.


3 posted on 05/26/2006 4:42:46 AM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: Perdogg

HM.

How often are police officers called by defendents as witnesses?


4 posted on 05/26/2006 5:12:59 AM PDT by rwilson99 (Too soon... to forget. See United 93)
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To: rwilson99

Somehow or other, it has to be possible to sue these guys when they abuse their powers.


5 posted on 05/26/2006 5:15:00 AM PDT by tomzz
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To: Perdogg

Thanks for the ping, Perdogg


6 posted on 05/26/2006 5:15:24 AM PDT by Protect the Bill of Rights
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To: Perdogg; Howlin

So it wasn't an idle matter of just covering the bases that the defense asked that all of the police/investigators' notes be preserved....

This might trim Nifong's prosecution witness list a bit, if he can't call the cops and investigators to say what they found.

Howlin, are you hearing any scuttlebutt in the Law Enforcement Community up there?

Pinz


7 posted on 05/26/2006 5:44:33 AM PDT by pinz-n-needlez (Charter Snowflake, Rummy fan)
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To: Perdogg

Thanks!


8 posted on 05/26/2006 6:05:40 AM PDT by bwteim (bwteim = Begin With The End In Mind)
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To: Perdogg; Howlin; Peach; Alia; abb; Locomotive Breath; SirJohnBarleycorn; ladyjane; maggief; ...
"I asked her questions trying to follow up on a better description of the suspects, she was unable to remember anything further about the suspects," the note from Durham police investigator B.W. Himan says,"

Some possibilities here. It is possible that Nifong really did give all he has, and unfortunately for him, this part of the investigation is absolutely true. At the time, and even later, except for some coaching, she was truly UNABLE TO REMEMBER ANYTHING FURTHER ABOUT THE SUSPECTS.

During the investigation there may have been "assumptions" made by patrol officers and detectives. The patrol offices may have decided she was drunk or crazy, and didn't ask her investigative questions regarding an assault, or they didn't note things she said, assuming the investigators" would handle it.

The detectives would certainly try to get the best description possible, however if she was telling them she couldn't remember anything further about the suspects, then the detectives would note that, and assume the case isn't going much further. Ironically, this was probably the one time the A/V actually told at least part of the truth inasmuch as "she couldn't remember anything further about the suspects." (Albeit, imaginary suspects!)

There may be no further notes because the patrol officers and the detectives didn't keep any!

To answer rwilson99's question about police being called as witnesses, you can bet that if Nifong doesn't call them, every officer that the A/V had contact with will be called by the defense. And each one will be asked if he/she wrote a report, and if not, why not. As for invetigator B.W. Himan, well, as they say, he needs to bring a lunch. He's going to be on the stand a spell.

9 posted on 05/26/2006 6:10:40 AM PDT by Enterprise (The MSM - Propaganda wing and news censorship division of the Democrat Party.)
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To: Enterprise

Yeah, the official ID procedure that we have seen took a long while to happen.

The police must have asked her to desribe the men many times before that photo line up.


10 posted on 05/26/2006 6:59:02 AM PDT by ltc8k6
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To: Enterprise

CGM doesn't officially ID the LAX players until 4/4.


11 posted on 05/26/2006 7:14:20 AM PDT by ltc8k6
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To: Perdogg

Because Mr.RecallMoran and I are apparently nuts, our pillow talk last night consisted of figuring our who Nifong can use as a witness that he doesn't want to discredit.
He has to discredit Crystal in her statement that they didn't wear condoms.
He has to discredit the cab driver because it doesn't fit with his timeline.
He has already discredited Kim by having her change her story and she has discredited herself by sending the email to the PR firm.
He has to discredit the cops because they didn't act like Crystal's story was true and talked about the 20 guy accusation.
Everyone in the story has to be discredited by him in some way for his account of the (non)rape to be accurate.
Who is left?


12 posted on 05/26/2006 8:44:45 AM PDT by RecallMoran (Recall Brodhead)
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To: Enterprise

I'm wondering if there were ever a decription of the "attackers" by Crystal. Did she ever describe them? or did she just pick them out of the pictures of the team? There may be no description past "they were white."


13 posted on 05/26/2006 8:46:42 AM PDT by RecallMoran (Recall Brodhead)
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To: RecallMoran
I'm wondering if there were ever a decription of the "attackers" by Crystal.

Duke Lacrosse Players Lawyers Ask Prosecutors For More Evidence

"At some point in their interviews and investigations, one or more of these officers asked (the accuser) to describe the men who she claims sexually assaulted her, and (she) provided some answer to that question," the motion filed by lawyers Bill Cotter and Wade Smith said.

Her "response to that question is critical to the defense of the case and the state may not withhold that evidence from the defendant."

-- http://www.wral.com/news/9276876/detail.html

14 posted on 05/26/2006 8:54:42 AM PDT by Ken H
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To: RecallMoran
There may be no description past "they were white."

Do we know for certain she initially said they were white?

15 posted on 05/26/2006 10:51:46 AM PDT by Ken H
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To: Ken H

(she) provided some answer to that question
_______________________________________

Could have been anything even "I don't know".


16 posted on 05/26/2006 11:47:19 AM PDT by RecallMoran (Recall Brodhead)
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To: Perdogg
District Attorney Mike Nifong gave defense lawyers nearly 1,300 pages of evidence last week, saying it was his complete case file.

Why do I have a hard believing this to be true? Hmmm?

17 posted on 05/26/2006 12:16:51 PM PDT by rawhide
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To: rawhide
the phrase: "saying it was his complete case file." may be telling.

Could there be additional evidence in another file somewhere?

18 posted on 05/26/2006 12:37:42 PM PDT by John Galt's cousin
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To: RecallMoran

Or it could have been blond boys or boys with moustaches.


19 posted on 05/26/2006 12:57:45 PM PDT by stands2reason (You cannot bully or insult conservatives to support your guy.)
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To: RecallMoran

See post #11 by ltc8k6. This whole identification process was sloppy and tainted to high heaven.


20 posted on 05/26/2006 1:00:22 PM PDT by Enterprise (The MSM - Propaganda wing and news censorship division of the Democrat Party.)
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