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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

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To: All; JLS

You make excellent points, but we'll have to disagree on your final point about Nifong possibly dropping the case.

Like the Cold War with Russia, the strategists were told to think like the Russians when predicting their plans.

I don't know if Nifong in his enclave of Durham sees the case realisticly. Durham has had 3 University protests against these boys and the electorate in the City is absolutely hostile towards the LAX players. I saw Nifong laughing in Court when Seligman's attorney mentioned his alibi. I've heard reports that Nifong speaking off the record is still very confident, just very upset.

And then, if the Change of Venue is not granted, Nifong has a real chance.

I think back to the Totally Unbelievable comment Nifong made
when asked about a report of the AV saying it was 20 men first and then 3. He said he wasn't aware of that, and he said if a statement like that was made, he didn't think it would be relevant. 20 men or 3 men - not relevant. I think that Nifong is out of touch with reality.

Maybe he had high hopes for this case and the National position in the Media or Politics following it. Dreams die Hard.


61 posted on 05/28/2006 10:16:14 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: VaFarmer
Princeton is good but there is room for another PC institution in that state.

Funny you should mention NJ and Princeton. I believe (I may have the story wrong) the Duke family financed the building of Princeton. When Princeton refused to be named "Duke" the family built Duke in NC. The two campuses look very similar.

62 posted on 05/28/2006 10:28:06 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: JLS
Here is a timeline of the case posted on the CourtTV message board with my addtions. I have not checked out everyone of the dates. The points in time from the CourtTV poster will be in italics and they say comes from the News and Observer. My additions will be in bold.

March 14 Date of party

March 14-16 Court documents say police “followed up” with the accuser, witnesses, and residents at 610 Bucanan

16 March 1st photo array.

March 16 (Night of) Police obtain warrant and search residence

March 21 First lineup Apparently this is the second line up.

March 22 Proposed meeting with lacrosse players; meeting canceled by players’ lawyers This is the first I have heard of this and have no idea what it was about or why it cwas canceled?

March 23 Court order for DNA testing of all but one player; players comply In seeking this court order Nifong said, "The DNA evidence requested will immediately rule out any innocent person and show conclusive evidence as to who the suspects are."

March 24 AV gives interview to New&Observer I have not read this one either. Anyone who has, was there anything interesting in it?

March 27 Unsealing of March 16 search warrant for residence. New search warrant issued to search McFadyen’s room

March 29 DA says even if DNA does not match, players will not be exonerated

April 1 DA days will not reveal DNA test results before week of April 10 (probably already had them).

April 5 Search warrant on McFadyen revealed and contents on McFadyen email

11 April Nifong attends forum at NCCU promised indictment as soon as Mangum IDs someone.

April 11 DNA test results (first round) revealed. No player match.

April 13 (Evening of) Police enter dorm to try to interview players

April 14 “Sting” email suggested one player was talking to the police sent from a player’s email account to other players.

April 17 Finnerty and Seligmann indicted.

about 28 April Mangum's prior accusations of rape and attempted murder show up in the press.

Week of 12 May DA leaks second DNA test results claiming a match.

12 May Second DNA test results come out. Cheshire reveals that there is not match and the only sexual DNA is from someone who is not a Duke lacrosse player.

15 May Evans indicted and give his statement to the press.

18 May First setting for Seligmann and what is said to be complete discovery is turned over. Judge refuses to order complete discovery. Cell phone data to be reviewed "in camera" and "dead man walking" shouted in court room.

May 19 through 22 Discovery is leaked revealing no tox report, "injuries" amount to swelling and the SANE was in training.

Naturally I would be interested in any corrections or addition others can make to this timeline.
63 posted on 05/28/2006 10:55:51 PM PDT by JLS
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To: Mike Nifong

Since I told you I am an economist, it should not surprise you that I do better with rational, ie sane, behavior than irrational behavior. Sowell too is an economist, so we tend to see things the same way.

Of course maybe Nifong is in fact certifiable. Then Sowel and I are out of our element.


64 posted on 05/28/2006 11:01:27 PM PDT by JLS
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To: All; JLS

And I believe the Indictments were signed on the 12th of April.

I've heard it is customary for the DA to notify the counsel of the persons being indicted when a decision has been made to seek indictments.

On the 12th or 13th of April, at least 2 defense attorney's go to Nifong's office with evidence. When they see Nifong briefly, he declines to view any of the evidence, telling them he knows more about the case than they'll ever know.

YET, the 2 investigators and a couple cops are dispatched to
question the LAX players without representation on the same day (or next day) - 13 April.


65 posted on 05/28/2006 11:05:13 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: JLS

Nifong has so many scrathing their heads, on Sunday (today) the Durham Herald Sun ran an article the whole purpose can Nifong deliver - what else can he have?

You could be right. What you stated is what a reasonable DA would do.


66 posted on 05/28/2006 11:10:21 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: JLS

Using your timeline, one can see how devoid of logic Nifong's decision making has been.

April 11 DNA test results (first round) revealed. No player match.

April 12 Indictments against Finnerty and Seligman signed

--
Nifong in MAY, after so much damaging info had come out and much of it he had to know all along, says this:

"You have to understand that obviously the defense attorneys would probably prefer to try the case against somebody who is less experienced than I am, or get somebody who is less committed to the case than I am, and you can certainly understand that," he said. "I mean, if I were one of those attorneys, I wouldn't really want to try a case against me either."
http://www.heraldsun.com/state/6-739276.html

Is this guy delusional or what?


67 posted on 05/28/2006 11:32:57 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: JLS
Bryant had the victim's blood on his shirt......talking about lying, it was Bryant who at first denied having anything to do with the woman who's blood was on his shirt...

surely you can come up with better examples of lying or false accusations other than the Bryant non-trial, where he eventually apolozied for the "misunderstanding" and apparently gave a nice hunk of change to the accuser.....

I'd be extremely upset if the young men who stand accused give any apologies or money settlements to this woman if what I believe is true....that she fabricated the whole story .......because it would make me suspect the young men had something to be sorry for......

68 posted on 05/28/2006 11:35:09 PM PDT by cherry (.)
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To: cherry
I'd be extremely upset if the young men who stand accused give any apologies or money settlements to this woman if what I believe is true....that she fabricated the whole story .......because it would make me suspect the young men had something to be sorry for......

You could also say that a true rape victim would never accept money over seeing her attacker put in prison.

69 posted on 05/28/2006 11:41:21 PM PDT by LWalk18
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To: Mike Nifong
Here is the link:

http://www.herald-sun.com/durham/4-739217.html

Lacrosse case begs question: Does Nifong know something we don't?

By John Stevenson : The Herald-Sun jstevenson@heraldsun.com May 27, 2006 : 7:31 pm ET

DURHAM -- The way University of Arizona law professor Jack Chin sees it, Durham District Attorney Mike Nifong's recent conduct "makes no sense unless he's very confident in his case."

70 posted on 05/28/2006 11:41:37 PM PDT by JLS
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To: JLS

Let's try this again, Here is the link:

http://www.herald-sun.com/durham/4-739217.html


71 posted on 05/28/2006 11:44:33 PM PDT by JLS
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To: Ken H
well, that "rumor" would be a fantastic way to end this charade.....

and the idea of protecting the AV by allowing her to concede that her memory was blurred because of prior attacks is just too convenient for words, but I guess it'll pass.....

amazing how lawyers can shade a situation.....

I don't think we'll ever have her admit to wrong doing...( that's JMHO)..I don't expect any apologies from the Black Pants' or the DA or the horrible Nancy Grace's of the world.....Wendy Murphy will have a cow as well.....

life is not fair.....if it was, these young men would be given monetary settlements from the MSM, the Durhan DA's office and perhaps the Duke University elitist who threw them head first into the fire......

BUT, I'd rather see this end with a settlement than to go thru another year of this......

and another thing....even if these young men are exonerated by this "plea" bargain of sorts, don't think they won't face constant scrutiny and be referred to as the Lacrosse rapist forever, because as in most cases, their guilt will forever be with them, despite the facts, because people tend to remember only what they want to remember.....I can just hear Nancy Grace now about how they got off too easy, etc......

72 posted on 05/28/2006 11:47:38 PM PDT by cherry (.)
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To: Mike Nifong
On the CourtTV weekend thread someone read deep into the PDF files and quoted this:

Photo ID of 3/21
Verabl Instructions and Certification
"Keep in mind that things like hairstyles, beards and MUSTACHES can easily be changed"


So she miss read the standard instructions to be a cue and claimed Evans had a mustache.
73 posted on 05/29/2006 12:04:20 AM PDT by JLS
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To: cherry
The defense still has not received key evidence from Nifong, such as the initial police notes, the first two lineup transcripts, and cell phone data. In addition, they still have mountains of evidence they have not released. All of this yet unreleased evidence will further poke holes in the DA's case.

There is absolutely no reason for the defense to negotiate while their case is getting stronger, and Nifong's is getting weaker.

74 posted on 05/29/2006 12:53:28 AM PDT by Ken H
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To: JLS

I think Cheshire's motion referred to a note written by lead detective Ben Himan about trying to get the accuser to furnish more details about her attackers on Mar. 16. I think Himan must have been involved in any line-up that day.

On Mar. 21 Cheshire referenced detective R.D. Clayton as the one doing the line-up that day. Clayton was also one of the two investigators who personally arrested cabbie Elmostafa a month later on the bogus warrant.


75 posted on 05/29/2006 1:17:32 AM PDT by GAgal
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To: GAgal

On Mar. 21 Cheshire referenced detective R.D. Clayton as the one doing the line-up that day. Clayton was also one of the two investigators who personally arrested cabbie Elmostafa a month later on the bogus warrant.
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

Himan was the other involved in arresting the Cab Driver.
Investigators don't arrest people on 3 year old misdemeanor warrants. They just don't. The Media should've asked the DPD spokesman or Nifong or Baker, can you give us another instance of this happening. Because there isn't one.


76 posted on 05/29/2006 1:26:52 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: GAgal
Cheshire referenced detective R.D. Clayton as the one doing the line-up that day. Clayton was also one of the two investigators who personally arrested cabbie Elmostafa a month later on the bogus warrant.

On that topic--

Gottlieb's been a busy boy, huh? Storming the dorms to chase the players. Serving warrants on cab drivers. Doing lineups. All things he's not suppose to be doing.

http://www.freerepublic.com/focus/f-chat/1632431/posts?page=1413#1413

77 posted on 05/29/2006 1:30:41 AM PDT by Ken H
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To: cherry

.I can just hear Nancy Grace now about how they got off too easy
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

Nancy Grace insinuated something was wrong when Reade Seligman had ATM Receipts.

She said didn't Scott Peterson keep a receipt too


78 posted on 05/29/2006 1:32:23 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: TommyDale

A poster at CourtTV posted the NC State Bar rules prosecutors are supposed to adhere to. I (debinNC) then posted some quotes showing what Durham detective David Addison, coordinator of CrimeStoppers, had to say publically about the Duke case:

http://boards.courttv.com/showthread.php?s=d11472384d3fcd6e2f52ecc6133884dc&postid=8082721#post80827
21

Nifong obviously took no steps to prevent Addison from making "extra-judicial" statements which he wouldn't be allowed to say in court, as Nifong was busy at the times doing the same thing.


79 posted on 05/29/2006 1:43:17 AM PDT by GAgal
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To: GAgal; TommyDale

Oops! I meant to mark the exact post:

http://boards.courttv.com/showthread.php?s=2393c7d3508a3065919112f11d520104&postid=8082721#post8082721


80 posted on 05/29/2006 2:07:30 AM PDT by GAgal
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