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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; All

Duke houses will go on market


BY PAUL BONNER : The Herald-Sun
pbonner@heraldsun.com
May 30, 2006 : 10:52 pm ET

EXCERPT

On May 1, at a rally outside the house in support of the alleged victim, the New Black Panther Party for Self Defense included in a list of demands that Duke convert the house into a rape counseling center. Privately, Duke officials were cool to the idea.

Next door to it, however, at a two-story yellow house at 1111 Urban Ave., three men on Tuesday hauled out into the yard a large pile of sofas and furniture that included a bar. The house's white front door, which was off its hinges, appeared stained from a splash of brownish liquid. Inside, the wood floors were crusted with dirt. A front-room wall was lined with a large beer poster.

"The students who were living in this particular house really seemed to be trashing it and using it more as a party house," said Stacy Murphy, who was out for a stroll with her two young children. But not all students living off campus create problems for neighbors, she said, not even all who drink and have parties.

She lived as a graduate student herself in Trinity Park 10 years ago, she said. Now she's a homeowner and board member of Trinity Park's neighborhood association.

"I personally like having students living in the neighborhood," she said. "And there's a lot of students who have found that balance of how to be good neighbors and decent tenants. ... Even the majority of kids that party are pretty decent. It's just that small percentage of kids that are -- jerks, for lack of a better word."

Living near what she called the "old lacrosse house" on Watts Street a block east of Buchanan, the family formerly endured besotted carryings-on, she said.

"We've seen 'Animal House' a number of times," she said. "I think they would have been better neighbors."


621 posted on 06/02/2006 3:36:12 AM PDT by maggief (and the dessert cart rolls on ...)
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To: Jezebelle

You are welcome.

Interesting comment. "They have unbelievable support because we all know it could have been any one of us who got picked in this lottery."


622 posted on 06/02/2006 3:37:52 AM PDT by maggief (and the dessert cart rolls on ...)
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To: Jezebelle

You're right. There should be records somewhere. I don't know how much data they keep or for how long. Do they know what you have programmed into your phone as regular numbers? Can they see your photos?

I don't know phone technology in today's world. They have a ton of data on them, but I don't know how much of that is kept on phone company records, and how much is only on the phone unit itself.


623 posted on 06/02/2006 3:38:06 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: David Allen

I doubt that the company can see photos or the content of text messages. But they certainly do log calls.

Of course, anything lost from the phone that's not retrievable through the service/network provider is a big loos, but the big point as to when was the last time either of these women used their phones for talking is still the most important aspect of the phone.


624 posted on 06/02/2006 3:42:01 AM PDT by Jezebelle
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To: maggief

Oops, forgot the link:

http://www.herald-sun.com/durham/4-739912.html


625 posted on 06/02/2006 3:43:54 AM PDT by maggief (and the dessert cart rolls on ...)
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To: Jezebelle

That's what I was afraid of. If she had messages, they are probably gone.


626 posted on 06/02/2006 3:46:18 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: All

Parcel data on 610 N BUCHANAN BLVD


Actual/Effective Year Built 1910
Number of Bedrooms 2
Number of Bathrooms 2.0
Total Number of Rooms 4
Finished Area 1,407


http://www.co.durham.nc.us/departments/txad/TaxDB/P/Dsp001.cfm?P=102195&Y=2006

Parcel Ref. Number: 102195




Display GIS Parcel Data

http://gisweb2.ci.durham.nc.us/scripts/esrimap.dll?name=sdx1&Cmd=sParcel2&PIN=0822-19-61-0933&mclick=recenter&City+Boundary=Multi+Symbol&Water+Supply+Watersheds=Multi+Symbol&FEMA+Flood+Zones=Multi+Symbol&dlayer=32'


627 posted on 06/02/2006 3:51:21 AM PDT by maggief (and the dessert cart rolls on ...)
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To: David Allen

There's little doubt that precious information has been lost by Nifong's design. But there might be enough data left there or in the service provider records to at least establsi when her last conversation was. If she was using the phone to talk, she obviously wasn't being raped, and if she was using it right up until she got there, that will establish an as-of time that would start the window of opportunity for the rape to have occurred. If she made calls from the bathroom, that will also establish a time period during which no rape could have been occurring. Kim's phone records will also possibly establish a start- time, too, especially if she or somebody else was calling Mangum to find out where the hell she was and why was she so late.

But yeah, voice mail messages, text messages and photographs would probably tell the story of her movements that night and that information is most likely lost forever now.


628 posted on 06/02/2006 4:01:46 AM PDT by Jezebelle
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To: Jezebelle
I'm concerned that Crystal and Kim may have each had TWO phones...one for personal use and one for "business" likely paid for by her CHIEF pimp.

And WHO had the phone shut off? Wouldn't Crystal ask Kim first...if it had fallen out in her car??

We need info from ALL the phones...from the pimp, the Escort service, Kim, Crystal, the father and God knows who else.......maybe even NiFong's because I think SOMEONE called him (or someone close to him) VERY EARLY in this game he's playing.

629 posted on 06/02/2006 4:08:05 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Sacajaweau

I don't think they each had two phones.

I have wondered how Nifong got wind of the case long before the investigation was completed by the police.


630 posted on 06/02/2006 4:11:46 AM PDT by Jezebelle
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To: Jezebelle
Just looked at some stuff about recovering telephone data which raised a new question. Was Crystal's phone in plain view in the Duke's back yard or was it in the bushes or behind something?

They talked about recovering phones by "viewing" where the last location it was on. An example was where someone was in trouble and made a phone call....and not just a 9-11 call.

So did Crystal say it dropped out of her purse? Or was it in her hand? How did they know WHERE to locate the phone??

631 posted on 06/02/2006 4:28:48 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: David Allen
Something is amiss

What seems very amiss to me is ....

...she is a smart, attractive very Caucasian attorney who was kidnapped in daylight from the parking lot....money was taken from her bank by ATM
..taken to a motel....
...tied up, beaten....

...and the short snippet I saw on TV...(there's been little coverage of this)...

..is he is a young black man.

1....Why isn't this immediately declared a hate crime.

2...Why, in the first reporting of this, when they had the video of her...(a very blurry video) being kidnapped, and later when they found her-(& him in the room), immediately suggested it was a random kidnap.....move along folks, no big deal here

Now, I realize I don't know all the facts....but these are the details as I know them...

..but after wading through the Duke 'incident' on a daily basis and hearing the howling jackals on TV calling for those LaCrosse kids blood...even with no proof, no DNA

..I find this new 'incident' very curious indeed!

632 posted on 06/02/2006 4:31:00 AM PDT by Guenevere
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To: Jezebelle

Posted on the a Trinity Park listserv:

(no link)

Date: Fri Mar 17, 2006 9:15 am
Subject: Rape Investigation in Trinity Park - 610 N. Buchanan
mgottlieb4398


The Durham Police District 2 Criminal Investigations Violent Crimes Unit is conducting an investigation concerning a rape of a young woman by three males at 610 N. Buchanan that was reported on 3/14/06 in the early morning hours. The female arrived at the residence for a party close to 11:30pm on Monday 3/13/2006 and left on Tuesday 3/14/2006 reportedly after midnight. Anyone in the area who saw or heard anything unusual, please contact Investigator Himan at 919-560-4582 x 229 or I at 560-4582 x 228. Thank you for your continued assistance.


633 posted on 06/02/2006 4:32:52 AM PDT by maggief (and the dessert cart rolls on ...)
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To: Jezebelle

"I doubt that the company can see photos or the content of text messages."

Yes, the text messages are recorded and recoverable in most cases. I was able to google up lots of cases where text messages were used in court, even very old ones, and where deleted text messages were recovered from the phone company's equipment. Pictures may also be recovered even if they have been deleted.

http://www.tgdaily.com/2005/03/21/crime_fighters_solve_crimes_by_examining_cell_phones/index.html


634 posted on 06/02/2006 5:02:02 AM PDT by ltc8k6
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To: Jezebelle

With 3 close-to-20 year olds, I always find it amazing how oblivious they are to the impact of what they do or don't do. Of course, when I was 20 I always thought ahead and carefully considered all my actions.
In this instance, however, this guy has to be really numbnuts. Let's hope that he lawyers up and that he was not at the party - I would hate to see Nifong get the kid to perjure himself to avoid a DUI and possession charge.


635 posted on 06/02/2006 5:11:12 AM PDT by bjc (Check the data!!)
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To: Guenevere

Black on white crime. Dog bites man. Happens all the time. Not news. (Media POV anyway)


636 posted on 06/02/2006 5:41:28 AM PDT by Locomotive Breath (In the shuffling madness)
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To: ltc8k6; Jezebelle; David Allen
Yes, the text messages are recorded and recoverable in most cases.

Anything sent from or received by the cell phone is mostly likely stored on the service providers computer. Definitely all from and to numbers, times, length of call, cell tower location and a bit more information for calls, text messages, pictures sent, internet acceses made from or received by a cellular user are stored on the providers computer for a long time.

When Osborn stated that he wanted the cell phone to see "the last 10 calls made", he was bluffing. He wants the phone to see stuff not transmitted over the cellular network. He wanted to see her stored numbers and or any pictures that might be on the phone or on the sim card. I have many pics on my cell phone that are associated with numbers in my directory. When that person calls, their pic pops up on the screen along with the number. Imagine the treasure trove of potential background witnesses if the AV had something similar on her phone.

A cell phone is basically a small computer. As you probably know, when you delete a file from a computer, the only thing really deleted is the reference information which prevents specific memory locations from being over written. That's how they recover delete files, they just look at everything written on the hard drive or chip and piece back together the files or reinsert the header information.

When you take a picture with a camera phone, the service provider doesn't know it unless you send the file to your computer via the cellular network or to another cellular user. There could be very valuable information that may have been lost if it wasn't stored on the sim card and the battery was completely drained..

I don't know it for a fact but my guess is, any text messages or other text based data (ie. jpg) that was transmitted over the cellular network, the provider probably has a copy.

637 posted on 06/02/2006 6:46:00 AM PDT by darbymcgill
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To: Locomotive Breath

AM Radio.

I think Maggief posted an article. Duke bends to pressure from certain communities, but they would be foolish to do anything until after any trial(s).


638 posted on 06/02/2006 7:19:22 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: ltc8k6; darbymcgill

I heard a celluar phone expert interviewed for a different case and he did say voice mail is frequently lost. He said you can't wait to get that.


639 posted on 06/02/2006 7:22:23 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Mike Nifong

Has the defense team had access to the AV's phone(s)? If not when will they be reviewed by the judge?


640 posted on 06/02/2006 7:27:51 AM PDT by bjc (Check the data!!)
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