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DA's statements, record at odds (DukeLax)
News & Observer ^ | June 15, 2006 | Joseph Neff

Posted on 06/15/2006 2:22:31 AM PDT by abb

In the early days of the Duke lacrosse rape case, Durham District Attorney Mike Nifong's public statements appear to have contradicted certain facts in his own files.

After an escort service dancer said three men raped her at a lacrosse party, Nifong talked frequently with national and local reporters -- 50 to 70 interviews consuming 40 hours of his time, Nifong estimated. Nifong then went quiet in early April, refusing most interview requests.

A comparison of his words with documents that Nifong gave defense lawyers show that Nifong made what appear to be misstatements about condom use, a purported struggle and a 911 call made by a second dancer, among other things.

Nifong said the assailants might have used condoms; the accuser told an emergency-room nurse none were used, according to a defense filing. Nifong described a violent attack in which the accuser was choked and struggled to breathe; the accuser told a nurse she wasn't choked, the filing said.

Defense lawyers have filed some of the documents in court and characterized others, such as the medical exam, in affidavits.

Nifong declined through an assistant to answer questions Wednesday.

"Either he knew what the facts were and misstated them, or he was making them up," said James Coleman, a Duke law professor who has publicly requested that Nifong remove himself from the case. "Whether he acted knowing they were false, or if he was reckless, it doesn't matter in the long run. This is the kind of stuff that causes the public to lose confidence in the justice system."

(Excerpt) Read more at newsobserver.com ...


TOPICS: Chit/Chat
KEYWORDS: dirtyrats; duke; dukelax; durham; durhamdirtbag; lacrosse; lyingliars; nifong
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To: Krodg

Who's Anthony?


121 posted on 06/15/2006 3:50:08 PM PDT by stands2reason (Rivers will run dry and mountains will crumble, but two wrongs will never make a right.)
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To: abb

Just Damn....


122 posted on 06/15/2006 3:57:06 PM PDT by stands2reason (Rivers will run dry and mountains will crumble, but two wrongs will never make a right.)
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To: Law is not justice but process
I was talking with some of my fellow prosecutors about this case the other day.

OK, so how many "false swearing" complaints have you prosecuted the last five years?

Are you part of the problem - or part of the solution?

123 posted on 06/15/2006 3:59:31 PM PDT by Fido969
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To: stands2reason

http://www.freerepublic.com/focus/f-chat/1643628/posts?page=11#11


124 posted on 06/15/2006 4:02:44 PM PDT by Krodg
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To: stands2reason

I'm browsing their boards now. Don't see anything that jumps out at me. Actually, I think our commentary on FR is better. The good stuff is what's going on at the N & O's editor's blog...


125 posted on 06/15/2006 4:06:44 PM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: stands2reason

Everyone is afraid of the black people in that state.


126 posted on 06/15/2006 4:09:24 PM PDT by OldFriend (I Pledge Allegiance to the Flag.....and My Heart to the Soldier Who Protects It.)
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To: OldFriend

http://www.freerepublic.com/focus/f-news/1650137/posts


127 posted on 06/15/2006 4:12:50 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: OldFriend

C'mon, there's no reason to not say "we need a speedy trial law."


128 posted on 06/15/2006 4:23:11 PM PDT by stands2reason (Rivers will run dry and mountains will crumble, but two wrongs will never make a right.)
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To: ltc8k6
Well, that's just absurd. Sgt. Shelton wrote in his report that Kim ("Nikki") told him that night in the Kroger's parking lot that she called 911.
129 posted on 06/15/2006 4:35:17 PM PDT by Publius22
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To: Sacajaweau
Picking and choosing what to put in the paperwork is the same as lying.

No they don't have to put everything they in to get a warrant. Just everything they do has to be the truth.

130 posted on 06/15/2006 4:48:57 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: GAgal
Will the pills found at the house be Nifong's silver bullet?

If they are the pills found in the warrant they might not ever get in if the warrant is deemed bad.

131 posted on 06/15/2006 4:50:44 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Dukie07
ASSUME the pills found in the bathroom WERE also found in Crystal's system: so what? She was in the bathroom alone and/or with Kimmy. Who's to say she didn't take them herself?

Right she already said she was mixing alcohol and muscle relaxers. I bet she has a long history of substance abuse.

132 posted on 06/15/2006 4:52:18 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: GAgal
Here are the items seized from the house:

It is funny on the first page of items to be seized they say $400 in twenty dollar bills. But they ended up seizing only $160. I wonder if they are all twenties? And of course as we all know now that shouldn't have been a item listed to be seized anyway since 2nd stripper said the FA said she had her money twice. And the FA even accused the 2nd stripper of stealing her money.

133 posted on 06/15/2006 4:58:06 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: sissyjane
When will the judge rule on the defense motions?

In the last hearing I think the judge said he didn't want to make rulings for another trial judge.

134 posted on 06/15/2006 5:02:12 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead

So --there will be no rulings until close to trial?


135 posted on 06/15/2006 5:04:43 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: Wild Irish Rogue
I wonder if Nifong's magic pills were actually Flexeril in an unmarked bottle or loose on the floor -which he would naturally assume belonged to the players .

That would be funny.

136 posted on 06/15/2006 5:04:45 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: stands2reason

Overwhelmingly pro-players, anti-Nifong. The game now seems to center on pointing out Nifong's outright lies. Unfortunately, there are also a couple of resident trolls who folks there refuse to ignore.


137 posted on 06/15/2006 5:06:17 PM PDT by GAgal
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To: GAgal

"Why would he introduce at trial any drug brought by Crystal? "

The unethical Mr Nifong might, might... not be that foolish to introduce the False Accuser's own drugs-legal and otherwise in a trial and then try to blame the LAX team.
Although, with this crazy guy- pretrial or trial-anything's possible.
As long as the official judicial system in North Carolina gives Nifong cover-it's obvious that he feels he can operate unethically and illegally-with impunity.


138 posted on 06/15/2006 5:18:24 PM PDT by Wild Irish Rogue
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To: Ken H
http://www.thesmokinggun.com/archive/0405061duke4.html The second warrant affidavit signed 3/27 by Himan.

"Medical records and interviews that were obtained by subpoena revealed the victim had signs, symptoms, and injuries consistent with being raped and sexually assaulted vaginaly and anally."

Himan just can't stop lying can he?

139 posted on 06/15/2006 5:19:53 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: abb
This is key. The defense must somehow know for sure that Nifong and Himan didn't have the medical report before they signed the affadavit. Good lawyers NEVER ask questions that they don't already know the answers to...

It could work either way. If he didn't have them he was lying and making things up. If he did have them he was lying.

140 posted on 06/15/2006 5:23:47 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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