Posted on 06/08/2006 2:03:55 PM PDT by Mike Nifong
The motion also says the alleged victim told Durham police that she had performed for a couple at a Raleigh hotel hours before the Duke lacrosse party. She told police that she used a vibrator. Osborn suggests that could be the source of the vaginal injuries mentioned in the rape kit report. (snip) Osborn says the accuser gave conflicting accounts of what happened. The motion says medical records indicate she told a doctor that she used no alcohol or drugs. The accuser told the sexual assault nurse that she had consumed one drink of alcohol and was taking Flexeril, a prescription drug used to treat muscle spasms.
The alleged victim told a doctor the next day at UNC Hospitals that "she was drunk and had had a lot of alcohol that night," the motion said.
She later told police that she had consumed a 24-ounce bottle of beer and then told police she had two 22-ounce bottles of beer, according to the motion.
(Excerpt) Read more at abclocal.go.com ...
Actually--Himan probably turned all of his evidence over to Nifong, and Nifong put what HE wanted into the discovery material.
"This is the only thing coming from the defense that I've really questioned. Many people have talked about how the defense is working together and they have praised Finnerty's lawyer for his silence and not playing into the DA's hand. I guess I was just shocked that when we finally see a motion from him, it doesn't seem to have any substance."
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You need to look at page 3, number 3 in the slide show on the motion:
http://www.wral.com/slideshow/dukelacrosse/9350630/detail.html?qs=;s=3;w=800
It says that 6 instruction forms for lineups were in the discovery. They only know the date of 3 of the 6, but six instruction forms for a photo array were produced in the discovery package.
That is a good question to pose to the rape-nazis. They maybe answer it in conjecturing that Nifong may have given her immunity in exchange for her testimony against the others.
I agree if these defendant were black the media noise would have driven Nifong out of office by now.
On the issue of going to Mr. Johnson's parent house. It seems they often did that in his narrative, but did not stop if his parents were there.
He clearly seems to be hiding something about her getting out of the car. They had a spat. Of course she is just crazy enough that he may not know what set her off.
Do you have a link to that narrative. I only saw a summary in the News and observer apparently.
thanks
I have plenty of issues with cops behavior in other cases, but in this one I tend to agree with you:
1. The orginal cops on the scene knew what they had.
2. The early stages of the investigation were ok with the police not declaring the house a crime scene or anthing that night.
3. Himan's notes were in discovery it seems. Seriously given what was in discovery it hard to believe the cops destroy evidence.
4. Himan is a very new detective following the orders of his boss, Nifong, to violate policies in the photo arrays but with a minor error or two his summary of Kim Pittman [aka Roberts] statement is ok.
I just don't see how a detective of 2 months can stand up to the DA if the DA tells him to do certain things. He just does not have the experience to know that Nifong is asking him to cut corners that the DPD just does not do.
Mangum and Nifong are the villans here in my view. Since I have higher standards for DAs than hookers, I view Nifong at the bigger villan.
Both Mr. Johnson's and Ms. Pittman's statement are in this of this PDF file:
http://www.wral.com/download/2006/0609/9346930.pdf
Mr. Johnson's is toward the end. Also what are apparently Det. Himan's notes are in this.
Nancy on Duke LAX 6-10-06
Here is some of her "wisdom" from the show:
Nancy Grace - the ELITE (emphasis) Duke lacrosse team.
Crock - Is that a legal term I missed in law school?
These are all DEFENSE filings. Why don't we all move to Nazi Germany.
This is trial by ambush.
One Defense motion after another will be thrown out, just like in Scott Peterson's case
It is not time for Discovery. This a transparent attempt to affect public opinion.
Second verse, same as the first.
Question from NG: Has Nifong been having multiple press conferences like the defense?
Duke boosters have money out the ring-rang, I could see this case disappearing.
Sexual assault COUNSELORS place the percentage of rapes that are falsely reported at only 2%
* Kim Roberts told Nancy Grace's producer, this week, she sat out in the car waiting for 20-25 minutes for the AV. Nancy held up Kim's statement that she made this week.
Nancy Grace says Kim has no idea what happened in there (due to her waiting 20-25 minutes in the car alone)
Nancy: Accusers voluntary sexual encounters can not be used against them
thanks Just missed it or confused it with something.
I know, I have no beef with LE as a whole, they have been there for me many times. Up thread I said I will reserve judgement on Hinman until I am convinced he is either being manipulated, used & abused by Nifong or he is a bad cop.
My biggest problem is I see this runaway train and no one seems to care except for us Freepers, a few bloggers and a few talking heads.
How bad does bad have to be before someone with authority steps in? How much do the lives of these three boys have to be ruined? How many billable hours will be paid to the defense attorneys?
Allowing the legal process to proceed is not right when all of the evidence points to a malicious prosecution. It is morally wrong. The AG says his hands are tied because Nifong is an elected offical.
So where are the checks and balances in a case such as this? Are there none?
So tell your family to put their guns down, put the cuffs away--I respect LE more than you know, LOL!
Whew! wiping my brow :-)
Probably the smartest word out of Nikki aka kim Roberts aka Kim Pittman's mouth.
Lives are being ruined, their city is being scorned and a fine University's reputation is shot to hell.
I'm not saying Nifong is not to blame, but LE knew a whole lot of of the story was crap. /rant
Normally I would agree with you. I live in a good old boy county and the politics stink (but not as bad as Durham). There is dissension in the Sherriff's Dept 1/4 of the county thinks the Sheriff is corrupt, 1/4 likes him and 1/4 could care less and the remaining 1/4 does not even know we have a Sheriff.
The Deputies I know stay out of it, do their job the best they can and document, document, document. If Hinman was aware of the games Nifong plays and if he has had no part of it, I hope he has protected his back.
Left this part out...
What are they to do? Most of the rank and file probably need their jobs and are legally powerless to do anything.
DPD would have no authority to do anything to stop this farce, would they? Would they even have an legal basis to investigate?
I know what you are saying and share your disgust. I bet you many in Durham LE share our disgust. But none of us have any power to stop something which is so wrong. Those with the power (if there is such an animal) seem to have no inclination to step in.
Right.
I think Nancy and her producer just wanted to extract statements from Kim Roberts that would allow for the crime to have been commited and Kim know nothing about it.
Grace holds up 4 pages or so and then only mentions that Kim said she was alone in her car 20-25 minutes waiting on the AV. Apparently, Grace only wanted to broadcast "certain" info from the 4 pages.
Grace isn't giving up. She hasn't covered anything on this case in light years
6-10-6 Hannity
This show is heads and tails above all the other lately. They see the issue and are addressing it. Prosecutorial Conduct is discussed and having someone at the State level step in. They also mention the problems with what Nifong knew, yet how he was saying something else entirely to the Cameras.
Still, there is some talk about Nifong dropping the case and I don't think the evidence supports that. He just filed subpoenas last week for more information regarding the players. Nifong's actions do not indicate he's dropping the case. What did he tell the angry black crowd at NCCU - my presence here today means this case is not going to go away.
Hannity 6-9-6 (replay):
Kimberley Gilfoyle: "The accuser may have serious mental health problems"
These guys have seen more than we have too.
What's scary is they are making the big bucks when we called it a long, long time ago.
You probably already saw this, but from reading portions of Jarriel Johnson's statement,
1) She is 20 minutes late for the first performance he takes her too
2) It's clear Crystal is walking around and "performing" for anyone with money. Jarriel speaks with Crystal - cell to cell. She tells him she outside the hotel "taking a walk," she asks him to come get her at the hotel. When he arrives, she tells him that she has an Older man that wants to she her "perform". Crystal and the older man enter the hotel room while Jarriel waits in the car. So she's ready to leave the hotel but before Jarriel can arrive, she's has (on her own) met an older man that wanted to see her perform.
This has aspects of typical prostitution. Get a Hotel room, work the surrounding area and attract Johns driving by
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