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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: ltc8k6

Kim could just as well have stayed at 610 and given basically the same story with the same results as far as I can see.


221 posted on 06/16/2006 8:06:04 AM PDT by ltc8k6
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To: Law is not justice but process
I -as an insider - am confident that the system will prevent the Duke Lacrosse players from ever being convicted in this case.

After a huge cost, both financial and emotional.

So, consider the real criminal here - the accuser - there is law, process and a boatload of evidence by now to charge her - and probably convict her - of committing a very harmful illegal act.

OK, forget justice. Let's say we have the law or process or the strength of the case - heck, pick any or all of those. So, why isn't the false accuser being prosecuted for her crime?

I have given up on justice, sure, but I have also given up on the idea that the court system might even follow law - or if you prefer "process".

Of course don't have a law degree, I'm not an insider, so I'm not a smart person like you and the rest of the justice crew.

All I have to base opinion on is my own lying eyes.

222 posted on 06/16/2006 8:06:23 AM PDT by Fido969
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To: ltc8k6

Is that after her bond was reduced?


223 posted on 06/16/2006 8:06:43 AM PDT by maggief (and the dessert cart rolls on ...)
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To: maggief

I don't know. The report is dated 4/9, nearly a month after the events.

Shelton reports that she walked across the parking lot to the car, said it was her car, and said she made the 911 call from 610.


224 posted on 06/16/2006 8:10:15 AM PDT by ltc8k6
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To: ltc8k6
I haven't entirely read the entire flood of documents that came out recently, but originally didn't Kim deny making that 1st 911 call? The reason I remember this is that in the first several weeks there was confusion over who made it and "victim's advocates" were using it as "proof" that the Duke lax house was out of control because they were harassing uninvolved passers by. Is there something in the documentation from the first week or two that says the cops knew better? They found out eventually, but how about that first night/morning?
225 posted on 06/16/2006 8:12:46 AM PDT by Locomotive Breath (In the shuffling madness)
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To: bjc
Does the court not have to deal with any defense motions? It seems that the motoins dealing with the non-production of evidence should require some more timely response.

My guess is that Judge Stephens has to deal with:

1. The motions on the search warrant he signed. At least he is in the best position to decide if he was sandbagged.

2. The motions on discovery. I believe that is what this part of the proceedings are about. We are past the discovery deadline, so this probably has to be decided now.
226 posted on 06/16/2006 8:13:39 AM PDT by JLS
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To: maggief

That was when Nifong lied outright. The forum was on 4-11, and the IDs were made on 4-4. Yet when Victoria Peterson angrily asked Nifong at the forum why arrests hadn't been made since she'd heard from the family that the accuser had ID'd her three attackers, Nifong thundered back, "You are mistaken!"


227 posted on 06/16/2006 8:16:05 AM PDT by GAgal
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To: ltc8k6

At the time of the 911 call Kim didn't know the AV would end up in detox, and then Duke hospital crying gang rape.

Kim/Nikki didn't want to be identified as the 911 caller because of her parole violations. The call would have likely remained anonymous had the AV not made the rape claim.


228 posted on 06/16/2006 8:16:43 AM PDT by maggief (and the dessert cart rolls on ...)
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To: maggief

Her writen statement to the police.

http://johnsville.blogspot.com/2006/06/duke-lacrosse-scandal-kim.html

I went to the bathroom with Precious and I told her I wanted to leave. Precious felt we could get more money and that we shouldn't leave yet. She was uncontrollable at this point and was yelling at the boys who were knocking on the door to leave us alone. I finally decided to leave the house. I left the bathroom, grabbed my bag and exited the house with my dancing gear on.

I went to my car, wanting to leave, but not wanting to leave the girl in the house alone. I changed my clothes in the car where some of the boys were coming to my window asking me to talk to them. I was told by one of the guys that Precious was passed out in the back and could I please do something with her.

By this point, it seemed that the fellas may have been ready for the evening to be over. I told them that if they could get her to my car, I would get her out of their hair. Within minutes, she was being helped out of the back yard and into my car. At this point, she did not have the bag that I saw her come with and I asked her if she had the most important thing, her money. She told me yes but she did not seem coherent.

She then told me that we should go back to the house because there was more money to be made there. I asked her again where her things were and she said "Here," "It's here." But I did not see her things so in my opinion, she was talking crazy. I made an attempt to get her things. I took my belongings, locked her in my car and went back up to the house to try and retrieve her bag. I looked around with Dan and we didn't see anything so I said I've done all I could and went back to my car. I finally began leaving and the boys began yelling "Nigger" to us. I called the police to report racial slurs.

While in the car, I repeatedly asked Precious if she had her money. At this point, she was basically out of it. I tried to ask her where she lived but she would not tell me. I tried calling Melissa to get a hold of the driver that dropped her off but received no assistance from her. I decided go to the 24 hr. grocery store and seek the help of an off duty police officer. Only a security guard was there so we proceeded to call 911.

A couple of cars came out and they dragged her from my car after trying to wake her up with smelling salts. They tried to talk to her and I asked questions but the only thing she would mutter was no. She obviously did not want to leave my car. The police said they would look out for her, take care of her, and that she was in no trouble at all. I then drove back to Albany Street where my night was over.

-forgot to mention that the first time Precious came to the car she left because she felt there was more money to be made. It was after then, that the boys helped her to the car. They carried her by throwing her arms over their shoulders and assisting her walking to the car - I can't remember if only one boy helped or 2.

The point in time where I went to get Precious' things from the house, I walked to the back of the house thru the side of the house outside. I entered the house from the outside from a back door. I looked in the bathroom to retrieve her things but could not find them. I exited the house the same way I came in, along the side of the house to my car without finding any of her items.


229 posted on 06/16/2006 8:21:27 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: GAgal

During the wee hours of the morning I watched the entire video. Nifong appears quite smug in his response.

Victoria Peterson claims the rape kit may have been Tampa'd, (sorry, old joke), er, tampered with.

The comments and questions from the NCCU students are unbelievable.


230 posted on 06/16/2006 8:24:46 AM PDT by maggief (and the dessert cart rolls on ...)
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To: JLS

"Nifong needed votes. He did not care about justice, winning the case
or anything else. His only goal was to win his primary. He barely did that."

He also had the backing of the courthouse lawyer crowd. They ran a large
ad with hundreds of signed endorsements.

Freda Black took almost three days to concede. The current Election Board
has made big efforts to restore integrity to the local electoral process.....

Viewing this affair as a power struggle to control the couthouse, where 70,000
cases a year flood the hallways, and 35,000 warrants sit unserved at police
headquarters, perhaps the imperative is to suppress the Black/Hardin/Hudson
faction and restore the Nifong/Stephens reign.

All the major players have worked downtown together for over 25 years.


231 posted on 06/16/2006 8:46:28 AM PDT by xoxoxox
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To: xoxoxox

Now that's a clearly written post. Keep it up.


232 posted on 06/16/2006 8:51:31 AM PDT by Locomotive Breath (In the shuffling madness)
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To: xoxoxox
and restore the Nifong/Stephens reign. If true this is a BOMBSHELL given who is currently handling these cases.
233 posted on 06/16/2006 9:08:41 AM PDT by JLS
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To: xoxoxox

Can you say more about a Nifong/Stephens' reign? The backlog looks immense and bespeaks incompetence or at least "justice denied". Was Stephens kicked upstairs?


234 posted on 06/16/2006 9:30:40 AM PDT by bjc (Check the data!!)
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To: bjc
The backlog looks immense and bespeaks incompetence

Durham bespeaks incompetence.

235 posted on 06/16/2006 9:51:06 AM PDT by ladyjane
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To: Law is not justice but process
The thought is children are too vulnerable to risk leaving in harms way, even if the evidence is weak.

So, instead, we put them through a process that guarantees them harm.

I think the explanation is a lot simpler. Domestic violence, rape, family court matters are strongly biased in favor of women. Look at the radical fems saying such hooey as false accusations are rare, blah, blah, blah. Explain to me how we can hold a woman as a "victim" who kills her ex-husband by repeatedly driving over him while his daughter is in the car.

Look, I am sure you are a very good prosecutor, and have the noblest of intentions. But you are so wrapped up in the day to day that you can't see the forest from the trees. From out here us peasants don't see the "process", we just see the results.

And the results don't look too good.

236 posted on 06/16/2006 10:35:02 AM PDT by Fido969
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To: ltc8k6

" We would then know why the AV had some of her injuries, and why it took so long to get to the Kroger.
Kim pushed CGM out of her car and into the street, and then had to wrestle her back in! "

Nifong said he believed every word out of the False Accuser's mouth.
The one person that the FA had no doubt identifying as the person who robbed her, assaulted her and assisted in a sexual attack- was Kim Roberts.
Apparently Kim Roberts was the only person alone in the bathroom with the FA.
Why didn't Nifong get a DNA sample from Kim Roberts?
Nifong believes the FA and the FA has repeatedly accused Kim Roberts of heinous crimes- yet, she roams free.


237 posted on 06/16/2006 10:43:05 AM PDT by Wild Irish Rogue
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To: Wild Irish Rogue

WIR, everything you say is true, but that would not have helped him get elected. Pressing charges against Kim would have just outraged the part of the community he was trying to appease. From the prespective of trying to figure Nifong out the operative phrase is "follow the votes".


238 posted on 06/16/2006 10:47:54 AM PDT by Hogeye13
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To: abb; Protect the Bill of Rights; Mike Nifong; All

YAWN!


http://wilmingtonjournal.blackpressusa.com/news/Article/Article.asp?NewsID=70346&sID=4


PRESSURE IS ON NIFONG TO DROP DUKE CASE, JUNE 15-21, 2006
by CASH MICHAELS
The Wilmington Journal
Originally posted 6/16/2006


239 posted on 06/16/2006 11:09:44 AM PDT by maggief (and the dessert cart rolls on ...)
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To: maggief

How about if we each take one of those final paragraphs and explain/debunk the spin? In Ms. Kimmy's words, what a "crock."


240 posted on 06/16/2006 11:50:54 AM PDT by Dukie07
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