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To: maggief
Defense attorneys are also seeking to have the alleged victim's medical records unsealed.

They're pummeling the DA from all sides now.

354 posted on 06/09/2006 12:43:33 AM PDT by Ken H
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To: Ken H

"They're pummeling the DA from all sides now."
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

I know, it's so great I've stayed up all night.


355 posted on 06/09/2006 12:45:43 AM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Ken H; Mike Nifong

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


359 posted on 06/09/2006 12:55:16 AM PDT by maggief (and the dessert cart rolls on ...)
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