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 ...
Are the cops in Durham so inept that they can't get the addresses themselves? Nifong is wasting paper and the courts time as usual.
I don't know if Nifong could've found a worse AV or worse witnesses, I don't know if it's possible. As you point out,
Nifong believes part of his victims statements and other parts he totally disagrees with. How do you get around that?
He has to either think that a Jury will sit there like Crystal sitting in a Honda at the Kroger - and convict OR he thinks there are good opportunities amongst 47 players - many teenagers.
At this point, his only witness has been implicated as participating in the sexual assualt by his Victim, and is the prime suspect in the robbery of same.
Nifong has to be thinking he has 12 months to hit a home run. Get one player to turn in order to save their own ass.
True. I didn't even think of that.
Maybe Nifong has the Cops in such hot water already, that he'd rather hand them the list and give them a paid trip out of Durham to look up some of these guys. Even give them money to wine and dine players in case someone takes them up on the offer.
Interesting ...
http://abcnews.go.com/US/story?id=2055404&page=2
Defense attorneys are also seeking to have the alleged victim's medical records unsealed. While the lawyers have access to the records as part of the discovery process, the records have not been made public.
The exotic dancer.... was drinking while taking medication that night, and had sex with at least four men and a sexual device
Has society gone to hell?
In 1996 - 3 men and a baby
In 2006 - Four men and a Sexual Device
http://www.heraldsun.com/durham/4-742621.html
http://www.nytimes.com/2006/06/09/us/09duke.html?hp&ex=1149825600&en=52544b4b282ea34d&ei=5094&partner=homepage
The woman's father said in an interview Thursday that she was seeing a psychiatrist and was in no condition to testify. "I don't know how long it'll be before she gets back in her right frame of mind," he said. "It could be years."
My understanding is that investigators must talk to the players' attorneys before contacting the players. With the spotlight on the DA and Durham PD, I wouldn't think any investigator would dare try to get around that rule. I think he's blowing smoke.
True, we don't know what UNC Medical said, but it seems to me that if their findings supported the rape allegation, Nifong would have been hooraying about two different medical findings consistent with rape instead of just the one from Duke.
yes, very interesting.
I have to think that the Defense is utilizing the motions to get the information out to the public.
I just can't see a judge releasing private medical records to the public. As the article states, the defense already has access to them.
Nifong has to sit there and take this terrible beating because if HE forwards a motion for a gag-order, he will be surgically dismantled by these defense lawyers. They would have a press conference, before the ruling, and unmercifully show the choke holds, the DNA predictions, the DNA backoff, the Condoms, the stolen money, the shots of him using the first 911 call as independent evidence of the players behavior, the shots of him saying that if the AV said 20 and then 3 - it would not be relevant, the comments on her previous gang-rape allegations, his 25 interviews detailing the Hospital finding of signs, symptoms, and injuries consistent with sexual assualt, his Date Rape hints, his timeline, his election forum, his claims that they were not cooperating, his hooligan comments, his interpretation of the racial aspect of the crime making it that much more offensive, etc, etc.
Then the lawyers would try to show that in court or submit it into evidence.
The funny thing is that the whole time Nifong was digging himself deeper with these comments, the talking heads on TV were accusing the Defense attorneys of saying too much. Denying any consensual sex, etc.
"I don't know how long it'll be before she gets back in her right frame of mind," he said. "It could be years."
Interpretation: I like being chauferred around and not having any kids, how long can I milk this?
Well, they already did it once - to the team.
Nifong could be planning to make the argument that it's their right, but they have to exercise it. No harm in asking.
I don't know the applicable North Carolina laws, but nothing much came of Baker's and Nifong's first attempt.
These are state laws too, so it's possible there's wiggle room in approaching witnesses out of state.
I think many things are in play here. For instance, things have changed to a degree. Nifong has said no charges are expected - signalling the end of the investigation for 44 of them. They aren't suspects any longer, just witnesses that are out of state - maybe.
Would anything surprise you in this case?
They're pummeling the DA from all sides now.
"They're pummeling the DA from all sides now."
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
I know, it's so great I've stayed up all night.
"The victim was examined at Duke University Medical Center by a nurse who was specially trained in sexual assault cases," Nifong said. "And the investigation at that time was certainly consistent with a sexual assault having taken place, as was the victim's demeanor at the time of the examination."
http://www.gambling911.com/033106Dnews.html
The motion also states that the nurse who did the examination was not technically certified as a sexual-assault nurse, but that she was still "in training."
http://www.wral.com/news/9343920/detail.html
I am turning in, but you know how the Secret Service has code names for the people they are protecting:
What do you think the codename is for the AV, the codename used by the 2 policemen that are assigned to protect and drive her around?
Outstanding find!
Roberts, 31, said she was separated from the accuser less than five minutes on March 13 and 14, when the two performed at 610 N. Buchanan Blvd.
Roberts, who in later media interviews said she is unsure whether a rape occurred, could not be reached Thursday. She detailed the night for police in a handwritten statement March 22.
Roberts went to the house at 11 p.m. and was paid $400 up front. The accuser arrived in a red negligee about 11:30 p.m. The two women had not met.
As they discussed their dance plan in a bathroom, someone knocked and handed them two drinks. They sipped what Roberts thought was rum and Coke; the accuser spilled most of hers.
Shortly after the women started dancing for 20 to 25 men in the living room, Roberts said, the accuser appeared intoxicated.
"We continued with the performance," Roberts wrote, "until one of the boys brought out a broomstick and after asking if we had any toys, said he would use the broomstick on us."
Roberts said she stopped the show. The women huddled in the bathroom. "She was uncontrollable at this point and yelling at the boys who were banging on the door to leave us alone," Roberts wrote.
Roberts left in her dancing gear. The accuser came to the car, Roberts wrote, and returned to the house "because she felt there was more money to make."
As Roberts changed in the car, she said, partiers told her the dancer had passed out. The accuser was helped to the car but without her bag. Roberts asked where her things were; the accuser said, "Here."
"In my opinion, she was talking crazy," Roberts said.
As the dancers left, men shouted racial slurs, and Roberts called police to report them.
http://www.newsobserver.com/122/story/448577.html
The accuser, an escort service dancer, spent the weekend going from an appointment at a North Raleigh hotel to a Hillsborough strip club to a hotel near Duke to one in downtown Raleigh, according to the filings. The string of assignations ended at the Monday-night party.
(snip)
The lawyers argued that the records Nifong gave defense lawyers undercut Himan's claims:
* The accuser told the examining nurse she was not choked.
* The only physical trauma found by the nurse, who was in training, was the scratch and cut.
* The accuser told two doctors that she was assaulted vaginally and mentioned no other assault. She denied being hit.
* The nurse's pelvic examination found swelling in the vagina but no other injuries.
* The nurse made no conclusions or opinions about rape or sexual assault in her report.
Nurses generally do not make such conclusions, said Debbie Flowers, an assistant supervisor at UNC Hospitals.
Seligmann's attorneys argued that the woman's activities before the party explain the swelling.
The woman told police that during the weekend before she had an appointment with a couple at a hotel where she used a sex toy on herself.
Her driver, Jarriel Johnson of Raleigh, gave police a handwritten sworn statement on April 6 that detailed his time with her.
Two days before the party, Johnson said he drove the woman to an hourlong appointment at the Holiday Inn Express in Wakefield. At 11 p.m., Johnson said, he drove her to Platinum, a strip club in Hillsborough. The woman twice asked him to stay another hour, he wrote. At 4:30 a.m., Johnson said, he drove her to an hourlong job at the Millennium Hotel near Duke University.
The next night, Johnson said, he drove her to Raleigh "to find this guy she met." They checked into a hotel near Lane Street, bought Chinese food and waited for the man to call. Johnson said he left at midnight. When he came back the next morning, Johnson said, he waited in his car while the accuser performed for an older man in the hotel room.
Later that day, Johnson said, he was taking the accuser to her parents' house in Durham when she asked him to stop so she could go to the bathroom. "She got out of the car and started walking down Creedmoor Rd.," Johnson wrote. "I pulled my car over and got out to chase her down. She told me to leave her alone."
Johnson said he asked several times before she climbed back in the car. The two reached Johnson's home about 4:30 p.m.
Johnson said he wasn't able to drive that evening; the accuser told Johnson that another friend, Brian Taylor of Durham, would drive her to a bachelor party in Durham, the lacrosse party.
http://www.newsobserver.com/122/story/448847.html
You should write a book. Get it on the market about the time this Duke case fizzles out. You have a similar story, and quite a tale to tell. It would be timely. Government abuse of private citizens is definitely on the rise. Just look at the eminent domain cases going on across the country. Then there's Duke lax, and now we hear about your case. Yours is especially interesting because it encompassed so many branches of the "public safety" system that were employed to make your life a living hell.
Just a thought. It certainly would turn a sow's ear into a silk purse full of money for you, clear your name completely, and expose those who abused their power all in one fell swoop. It's a hair-raising story, to be sure.
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