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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: Mike Nifong
I think this story has an Oz...

I haven't been following every post, but know the basic info pretty well...

..could you tell me what you mean by this, please.

541 posted on 06/01/2006 4:16:40 PM PDT by Guenevere
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To: Mike Nifong

Please don't forget that people are often PAID for interviews. A quick way to make a couple thousand bucks and you can really make up any story you want.


542 posted on 06/01/2006 4:16:47 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Publius22

Yes, we saw pictures of the Cab Driver and Bissey.

Not Brian Taylor


543 posted on 06/01/2006 4:17:09 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Guenevere

I was referrring to the possiblity of someone assisting the AV behind the scenes and potentially coordinating witness statements and/or media interviews.

See Post #470 and #509.

thank you


544 posted on 06/01/2006 4:20:01 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Mike Nifong

Yes. I'm saying the judges in the Durham courthouse will have a little talk, and they'll decide to abate the civil case until the criminal case is tried, and they may do that before having an evidentiary hearing.

If you start the civil case in your home state and county, pursuant to venue statutes which provide that the home of the plaintiff is the proper venue for a slander case, you force the Crystal show to come to New Jersey or New York to face a judge that isn't worried about his name being on Crystal's phone.


545 posted on 06/01/2006 4:21:11 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: SwampFoxSC

Where did you get the Carl from?


546 posted on 06/01/2006 4:21:16 PM PDT by stands2reason (You cannot bully or insult conservatives into supporting your guy.)
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To: darbymcgill

Yeah, hide them from CPS I guess. Brian sure wasn't gonna do it though.

Found this quote again. CGM "returned" to exotic dancing a couple months before the LAX party. Returned? How long was she a "dancer" before?

"Mary and Travis also told "48 Hours" that even though their daughter is afraid to leave her house, she is trying to keep up with her course work in college by taking classes online. They said their daughter was trying to make a better life for herself and her children before the alleged incident.

They also said they had no idea their daughter returned to exotic dancing just a couple of months before the incident to make money for college."

http://www.wral.com/news/9217648/detail.html


547 posted on 06/01/2006 4:30:14 PM PDT by ltc8k6
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To: Mike Nifong; David Allen
Thanks for the answer....

..but if I'm reading you correctly, you're saying there's a mysterious puppet master pulling everyone's strings in order to get a conviction for these young men?

Or did I misunderstand you?

Also, I'm unclear what David Allen is saying?.....Are you suggesting she will start a civil suit?....how can she do this when it strongly looks like she can't win in criminal court?

OK, let me think this through....

..OJ was acquitted ...but the victim's relatives won in civil court....

..but OJ was guilty....

..these young men aren't.

Sorry...I'm as confused as I sound :(

548 posted on 06/01/2006 4:33:53 PM PDT by Guenevere
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To: Mike Nifong
Looks like we need Crystal's AND KIM's cell phone records. It would be very nice if the provider has GPS attached. It might nail down if Crystal was REALLY on her way or "paying" Brian for the ride.

Brian's story is a mess. She put on her costume and he just said uh-huh. Me thinks not. I'll bet the DNA is his and also explains why she was already in her underwear....which was an apparent no-no.

Can someone define "underwear" more particularly. It's a very broad term.....like "is".

549 posted on 06/01/2006 4:36:28 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Guenevere

I am suggesting that the players could initiate civil lawsuits in their home communities against Crystal and others who have maliciously destroyed their reputations. By doing so, you might be able to get a favorable local judge who would give you a chance to have a hearing in which you could take the deposition of Crystal on an expedited basis.

That would force the DA to try to get it stopped, and the player's lawyers could use that to put Nifong's conduct on trial.

You have to take Nifong and Crystal out of the inbred confines of the Durham "justice" system. Her phone probably disappeared because someone wanted it gone.


550 posted on 06/01/2006 4:42:29 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: David Allen
Ohhh, that makes such absolutely excellent sense!

Do you think it will happen?

(Thanks for being patient!)

551 posted on 06/01/2006 4:44:09 PM PDT by Guenevere
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To: Guenevere

The criminal defense lawyers will not want to have their guys sue, because to do would open them to cross-examination. But that only applies to those that have been charged.

The BEST guys to sue her are the ones who haven't been charged and are in the clear. They can sue her with no reservation, and the charged players can decline to testify until the criminal case is over.

In other words, if this happened, the plaintiffs would be players other than the three defendants. Slander has a one year statute of limitations in some jurisdiction, so by next February, they'd be needing to file their cases, anyway.


552 posted on 06/01/2006 4:48:21 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: Guenevere

I can only speak for me.

I was saying, to me, it's pretty apparent that Brian Taylor's interview with the N&O was orchestrated due to the highly unusual interview and with questions central to the case apparently not even asked. How does that happen? When someone sets the guidelines up front for an interview and when someone is controlling the interview. Was the N&O reporter happy to have this interview with strict limitations because Brian Taylor's whereabouts are unknown and he was "delivered" to an interview (his first & only). The trade off for the reporter was getting the story, even if boxed in. That's the reasoning.

Then Crystal was interviewed by this same REPORTER, in her first and only interview given (N&O), 3/25/06. An N&O editor stated that only portions of that interview with Crystal were published: those consistent with the police report.

NOT a puppet master pulling strings, but a greedy lawyer with exclusive access to the witnesses critical to Crystal's personal and professional life on the weekend preceeding this reported gang-rape. Witnesses that have been unusually quiet and hidden in a case that has attracted so much media attention.

Either these drivers and strippers are very media savvy and policitically adept or someone has been advising them, IMO.

I was using exaggeration to make a point too, to a degree.


553 posted on 06/01/2006 4:51:12 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: David Allen

If we ignore back channels and golf greens that we all know exist, does Nifong have any standing at all in a Civil case?


554 posted on 06/01/2006 4:53:29 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Mike Nifong

I think you're absolutely right that someone is coaching the pro-whore witnesses and arranging for them to be available to media.

Woodshedding in the extreme. Coached to the max. Told how to say it and how not to say it.

Someone sees this as a bundle of opportunities that range from a lawsuit against Duke, to a book deal, to consultant status on the news channels.


555 posted on 06/01/2006 4:56:00 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: Mike Nifong

I don't think so, especially if it's outside NC.

He will probably try to intervene to seek abatement, or he'll get a surrogate, or he'll get her lawyers to so move, with his affidavit in support. I say any way he addresses it, you make him show up in a court in Jersey, swear to tell the truth, and then sit for cross examination.

If the judge was game, you could prove his unethical conduct from his own testimony.


556 posted on 06/01/2006 4:58:59 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: streeeetwise

I would also like to hear from Streeeetwise and any other lawyers on the Civil versus Criminal issue.

I'm trying to get a better understanding of this issue.

Crystal's lawyers argue that the Civil case going forward will somehow hamper the Criminal trial?

Does Nifong have any standing in a civil trial?

I am stuck on the issue; it seems like someone is being prevented from exercising their rights when a criminal trial can be years away (some cases are). Then, if there's a not
a unanimous decision for aquittal - the DA can just retry the players and the whole process is started again, and in North Carolina the DA controls the Docket. It seems justice is a civil trial could be delayed indefinitely.


557 posted on 06/01/2006 5:02:27 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Mike Nifong
The media in Raleigh/Durham have been constantly scooped by Megyn Kendall and Dan Abrams because apparently the local media has NO sources within the defense team.
558 posted on 06/01/2006 5:02:37 PM PDT by Publius22
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To: David Allen

Thanks


559 posted on 06/01/2006 5:03:32 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: David Allen

Your second paragraph makes sense. I wonder if the fourth player that she identified in the lineup might be the best one to go after her. She clearly stated he was one of her attackers but the police conviently ignored what she said.


560 posted on 06/01/2006 5:18:38 PM PDT by Hogeye13
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