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Attorneys in Duke rape case file motion to get lineup report
Winston-Salem Journal (NC) ^ | Sunday, May 28, 2006 | staff

Posted on 05/28/2006 9:59:32 AM PDT by Perdogg

The woman who has accused three Duke University men's lacrosse players of raping her failed to identify at least one of them in a photo array eight days after the reported attack, according to a motion filed Friday by defense attorneys. The motion also says that she then selected him as an attacker more than two weeks later.

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


TOPICS: Local News
KEYWORDS: duke; dukelax; durham
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To: JLS

The writer also failed to point out that Nifong shut up shortly before the election, making good on his promise to get indictments even though the DNA evidence that he publicly stated would show who was guilty and who was innocent was negative as to all the players.


221 posted on 05/31/2006 1:22:52 AM PDT by Jezebelle
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To: Sacajaweau

It doesn't make sense to me that a cop raped her inasmuch as there were several on scene, one of them female. If a cop had raped her, taking her to a hospital would be the last thing he would do.


222 posted on 05/31/2006 1:25:44 AM PDT by Jezebelle
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To: GAgal

Yes, combined with the point that he hasn't handled such cases before.


223 posted on 05/31/2006 1:26:42 AM PDT by Jezebelle
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To: pepperhead

I think it's just too coincidental that the ones sher chose are all rich and she couldn't ID any of them a week after the alleged event but could two weeks thereafter.

Follow the money.


224 posted on 05/31/2006 1:28:44 AM PDT by Jezebelle
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To: toldyou

Are the quadruple homicide victims black or white?


225 posted on 05/31/2006 1:30:44 AM PDT by Jezebelle
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To: JLS

Conservative plea bargaining is a good thing. Wholesale plea bargaining is a disaster.


226 posted on 05/31/2006 1:31:55 AM PDT by Jezebelle
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To: David Allen

What an idiotic remark.


227 posted on 05/31/2006 1:37:25 AM PDT by Jezebelle
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To: Ken H

It'd be sort of okay except for #5. No way would I agree to remain silent with a cloud over me and my entire future before me.


228 posted on 05/31/2006 1:42:02 AM PDT by Jezebelle
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To: Mike Nifong

I agree. There's not enough there for the lax defendants.


229 posted on 05/31/2006 1:43:18 AM PDT by Jezebelle
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To: Jezebelle

Column in today's Durham Herald-Sun. Caution!! Barf Alert...

http://www.herald-sun.com/opinion/columnists/mccann/

Other 45 players go back to normal?

The Herald-Sun
May 30, 2006 8:03 pm
If you're sitting up late at night unable to sleep because of the Duke lacrosse team rape case, you're a little too invested.

Quick! Turn off the cable news shows. This thing's not supposed to go to trial till next spring -- could make for a whole bunch of sleepless nights.

Thing is, we might expect those guys on the lacrosse team to have some bags under their eyes.

I mean, here's David Evans, who was the captain on the lacrosse team: He graduated on Mother's Day and in less than 24 hours was at the county jail turning himself in on a rape charge.

But that's what can happen when you don't keep your nose clean. Whether or not he's shaved his would-be incriminating mustache in the days since a stripper claimed he attacked her during a party where he was living at 610 N. Buchanan Blvd., the biggest news in Durham would have been Jackie Wagstaff's school board loss had Evans and his homeboys not decided to get their kicks one night in March.

No drunken orgy, no allegations of rape.

When I was around Evans' age and green and fresh out of college, I was embarking on what would be a miserable 3-month stint as a television reporter at a small station in Birmingham, Ala. But at least I was putting my college degree to work.

No telling when David Evans gets to use his Duke diploma.

Maybe the cynics are right in saying anybody whose mama and daddy can keep them out of jail on a $400,000 bond doesn't have to worry about a job. But what about Evans' teammates Reade Seligmann and Collin Finnerty, the other two dudes indicted? They, too, are free on $400,000 bonds. But they're sophomores, and with this case likely hanging over their heads until 2007, what in the world are they supposed to do?

Now, I'm about like Superior Court Judge Ron Stephens, who told Seligmann's lawyer that his client's case isn't going to get moved ahead of the others on the docket just so he can return to class in the fall without this cloud looming over him. Like I said, this is the kind of stuff that happens when you don't keep your nose clean.

But I have to ask: What if the accuser's lying?

Wait a minute, now! Don't throw a brick at me. The operative word here is "if." I can just as easily ask, "What if the white boys did do it to her?" It cuts both ways.

Figuring cell phone conversations and e-mail messages could be pulled for evidence, I asked lawyer Kirk Osborn what lacrosse team members spend their days doing.

He's defending Seligmann and wouldn't tell me anything.

But Butch Williams, representing a lacrosse player who hasn't been indicted, said his client and the other 44 who haven't been charged are free to resume a normal life.

Which I take as meaning deciding in the coming weeks of spring about returning to Duke for classes in the fall. And if they want to play lacrosse, maybe they go elsewhere, since Duke President Richard Brodhead and the rest of the big dogs haven't said yea or nay about fielding a team for the upcoming season. But there's also the notion of whether it'll do any good for the players to transfer if the curious stares will follow them wherever they go.

Nothing's normal about that.

The lacrosse boys brought it on themselves, though -- even if the accuser's lying.

John McCann's column appears Sundays, Wednesdays and Fridays. Contact him at jmccann@heraldsun.com or 419-6601


230 posted on 05/31/2006 1:46:35 AM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: JLS

I don't think the defense attorneys would trust Nifong to follow through. Nifong is an amateur. They'd view it as a potential sucker-punch, and they'd be right, imo. Nifong is a yo-yo. He's a small-time guy who wants to be seen as a tough guy who's made his bones. He's not smart enough to quit while he's ahead and not press a short-term advantage, damn the consequences. If the defense was to lay low for a month or two, no matter any unspoken agreement by Nifong to drop the case in exchange for their quieting the case, Nifong is too unsophisticated to understand what a bad move it would be to renege and seize the moment for his own self-aggrandizement by pressing the advantage of their silence. Any prosecutor who would say that this defense team is afraid to go up against him is not capable of smart maneuvers. He takes the low raod anytime he comes to a fork in the road and has committed gaffe after gaffe in this case. He is not to be trusted because he is just too damn stupid to do the smart thing.


231 posted on 05/31/2006 2:07:25 AM PDT by Jezebelle
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To: JLS

Distinguishing marks are supposed to be edited out, not edited in.


232 posted on 05/31/2006 2:09:45 AM PDT by Jezebelle
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To: JLS

I'm pretty sure the first set of DNA results were released 4/10, not 4/11.


233 posted on 05/31/2006 2:15:37 AM PDT by Jezebelle
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To: All; abb

They brought in on themselves? By being born white in a country with a liberal self-loathing News Corpse that detests other White people. People that can't possibly be as enlightened as they.

This doesn't fit. This doesn't fit at all. And Johnnie Cochrane told us, if it doesn't fit, you must aquit!

The media doesn't have any other morals. They don't judge anyone. You can be a 21 year old woman marrying a 81 year old man and you have good intentions (or rather, it's none of our business). GOD can't be mentioned anywhere. People that Hate GOD, they are good people too. There no such thing as too many marriages. There's no such thing a someone that doesn't deserve to be rehabilitated. Violent gang members never had a chance according to this media. We need to reach out to them, more money needs to be earmarked for gangs.

When the white college student was killed in the Bronx by the Black bouncer - now that was a brutal crime. The woman was mutilated and tortured. Did these media creeps say well, she shouldn't have been out at 4:00 am? Of course not.

This is blaming the victim pure and simple and, of course, it's more palatable by far to blame the players for a "moral mistake" than to write about their collective rush to judgement based on their racist and classist beliefs.

Notice the News Corpse is getting pretty desperate though.
They've gone from brutal, racist rapists and sons of Hitler to out-of-control, arrogant, intolerant thugs, and now
well these are college students that paid for a stripper.

Why does NCCU college student Crystal Mangum bear no responsibility? Why aren't her morals an issue?

Why didn't John McCann write that Crystal Mangum, with her history of lying, stealing, and cheating; With her choice to dance naked for strange men and have sex with men for petty cash; With her history of substance abuse:
Crystal brought this on herself, even if the player's are lying.

No one would believe that though. No one believes the players are lying (but some put up a good front).


234 posted on 05/31/2006 2:16:59 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: cherry

That's why I don't think they'd take the deal, especially not with Evans in the mix. His parents will not tolerate such a deal, imo.


235 posted on 05/31/2006 2:20:18 AM PDT by Jezebelle
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To: GAgal

From your link:

"According to court documents, she allegedly failed to pay financial restitution in the case, missed appointments with her probation officer and left North Carolina without permission to visit California.

A hearing on the alleged probation violation was postponed Tuesday until July 24, ..."


Why isn't Kimmy's ass in jail?


236 posted on 05/31/2006 2:20:58 AM PDT by maggief (and the dessert cart rolls on ...)
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To: JLS

Maybe, except that line-up date is not when she picked Evans or anybody else.


237 posted on 05/31/2006 2:23:43 AM PDT by Jezebelle
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To: All; abb; Jezebelle

Here's an OLD column from the Drive by media that are pleading with people to wait and see the evidence and to ignore the recent reports by certain outlets.
Guess who the stinking pile of manure is?

Beauty in place of horror 03/28/06

Barry Saunders, Staff Writer, News & Observer
Ever wonder how, from a steaming, stinking pile of manure a beautiful rose grows?

I used to, too. Until Saturday.

That's when, from a steaming, stinking pile of wrong, arose a beautiful example of human concern for the least of those among us.

Scores of people, indifferent to 35-degree temperatures, some pushing baby strollers, stood outside 610 N. Buchanan Blvd. in Durham on Saturday night, and again Sunday morning, to protest the alleged rape and BRUTALIZATION of a young woman there.

More than that, though, they gathered to show the woman that she matters.

You work for an escort service? Their presence screamed, "We don't care."

You're an exotic dancer? That's OK, honey. You're still a human being deserving of respect and love. WE LOVE YOU.

TV news reporters persist in reporting that you "claim" you were raped instead of "said" you were raped? That's all right, too. WE BELIEVE YOU.

From what I hear, the young lady was a NOVICE stripper, which won't make a bit of difference to the moralists who'll blame her anyway.

It would, however, explain why she didn't know that she should've hustled her 6-inch clear heels out of that crib as soon as she realized that an engagement to dance for five men turned out to be a "boys gone wild" gig with close to 50 males. (Don't DARE call them men.)

She wasn't at the vigils, but I'll bet the supporters standing in the cold warmed her heart nonetheless: they warmed mine more than did the memorial candles they held aloft.

Likewise, I'll bet the display of support and those same candles -- left on the porch as a reminder -- chilled the home's residents to the bone, even though they've apparently gone into hiding.

Odds are they're now wrapped in the protective legal cocoon of MUMSY's and POPSY's attorneys, being drilled in the art of self-preservation.

Wanna bet they're somewhere scratching their helmeted heads going, "What? All of this support for a stripper? An exotic dancer? Who'd have thought people would get so worked up over a little boys-will-be-boys horseplay? Gosh, she's a stripper, dude, and we're, we're ... well -- you know who we are."

Whether or not some players raped, sodomized and choked the young lady while others stood by earlier this month will be determined in court. It's OBVIOUS, though, THAT SOMETHING DIRTY TOOK PLACE IN THERE.

More than a week has passed since the party and since police finally went inside to gather evidence of a crime. A cleanup has occurred and a COVERUP is under way: the bags of empty beer cans have been hauled away, and one of those yellow, industrial mop buckets sits inside.

Despite the occupants' efforts to tidy up, though, the joint is still a mess. The back and side yards remain littered with beer cans and empty whiskey and MD 20/20 wine bottles.

Imagine that. These are the dudes the lacrosse coach praised, even after they'd marched into police headquarters to give up DNA to determine if three were rapists, as mature, responsible men.

Despite the litter behind the house and the ugliness of a week ago, the scene in the front Saturday night was beautiful.

Want to tell Barry what you think? Call him at 836-2811 or send e-mail to him at barrys@newsobserver.com.


238 posted on 05/31/2006 2:24:33 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: abb

LMAO ... Cash Michaels calls McCann a conservative.


http://www.wilmingtonjournal.com/News/article/article.asp?NewsID=68713&sID=4

A conservative black columnist for the Durham Herald-Sun, John McCann, ...


239 posted on 05/31/2006 2:25:29 AM PDT by maggief (and the dessert cart rolls on ...)
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To: Mike Nifong

That's right. It was clearly a shake-down arrest. And we still have not learned for sure when that warrant was activated.


240 posted on 05/31/2006 2:25:53 AM PDT by Jezebelle
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