Posted on 06/22/2006 2:23:47 AM PDT by abb
DURHAM -- District Attorney Mike Nifong plans to give defense lawyers at least 300 additional pages of information about the Duke University lacrosse rape case, adding to 1,298 pages of documentation surrendered previously.
Without describing their contents, Nifong said the new documents would be handed over during a preliminary hearing today for three recently indicted lacrosse players: Collin Finnerty, Reade Seligmann and David Evans.
The three are accused of raping, sodomizing and restraining an exotic dancer in a bathroom during an off-campus party at 610 N. Buchanan Blvd. in mid-March.
All are free under $400,000 bonds as they await a trial that, according to Nifong, might begin next spring.
None is expected to attend today's hearing.
In addition to a transfer of documents, the hearing will include a request from Seligmann's lawyers that his bond be lowered to roughly one-tenth its current level. The lawyers filed an affidavit in support of that request Wednesday.
Signed by Philip Seligmann, the defendant's father, the affidavit said that Seligmann had been recruited by every Ivy League university to play football or lacrosse, and that he accepted a 90-percent scholarship to be on the Duke lacrosse team.
"This case has taken an unbelievable and horrendous emotional toll on all my family, especially my wife," the elder Seligmann wrote. "We are committed as a family, along with Reade, to do everything necessary to restore our good name."
According to the affidavit, Seligmann's bail money was provided by a family friend whose "loss of income is substantial" as a result.
In a related matter, the News and Observer Publishing Co. moved Wednesday to make public certain documents -- reportedly pertaining to the alleged rape victim's medical records -- that were filed by defense lawyers under seal.
"In this case, the fact that there are charges of sexual assault is unfortunate and controversial -- either because a woman has been sexually violated or because the defendants have been wrongfully accused -- but neither is a justification for sealing a court proceeding," a lawyer for the newspaper wrote.
The lawyer, Hugh Stevens, also said the sealed documents raised questions about Nifong's handling of the case. He said that when the conduct of public officials is at issue, it is an added reason for making the pertinent files public.
Meanwhile, several defense lawyers predicted Wednesday that Nifong's latest 300-plus pages of documentation would do little to help him, since earlier paperwork -- in their view -- was more beneficial to the defense than the prosecution.
For example, attorneys Joe Cheshire and Brad Bannon have said the earlier documents showed a "very significant and disturbing deficiency" in Nifong's evidence.
Specifically, there were indications that Nifong began making public statements about the accuser's medical records even before they were in his possession, according to the two lawyers, who represent Evans.
Cheshire and Bannon said the District Attorney's Office subpoenaed the accuser's medical files from Duke Hospital on March 20 -- six days after the alleged rape.
However, the files were not printed out in compliance with the subpoena until March 30, and Police Investigator Benjamin Himan didn't pick them up until April 5, Cheshire and Bannon wrote in court paperwork last week.
But the lawyers said Nifong told a local television station on March 27 that he had no doubt the exotic dancer was raped, based on a "personal review" of her medical records. They quoted the district attorney as saying, "My reading of the report of the emergency room nurse would indicate that some type of sexual assault did in fact take place."
Citing the 1,298 pages of documentation given them by Nifong earlier, various defense lawyers also have contended there were numerous inconsistencies in the accuser's version of events, along with unacceptable omissions in a sworn affidavit prepared by police. The affidavit was used by Himan to obtain judicial permission for his evidence-gathering efforts.
Among other things, Himan failed to mention that a co-dancer had described the rape allegation as "a crock," even though she was with the accuser for all but about five minutes on the night in question, according to defense lawyers.
Nifong has bristled at that and other defense characterizations of his evidence, while attacking the national press corps for -- in his opinion -- blindly reporting the characterizations without checking their accuracy.
"Is anyone surprised that the defense attorneys are spinning this case in such a way that things do not look good for the prosecution?" Nifong wrote in an e-mail to Newsweek magazine last week.
"Their job, after all, is to create reasonable doubt, a task made all the easier by an uncritical national press corps desperate for any reportable detail, regardless of its veracity," the district attorney said.
The e-mail traffic was made public by Nifong on Monday.
URL for this article: http://www.herald-sun.com/durham/4-746370.html
This is another legitimate concern. White Guilt has become as bad as having no Black Conscience. I firmly believe that this has become an epidemic in the U.S. and is one of the signs that we've reached the tipping point. When there is no justice, once again, based on the color of skin. I'm sure there are many, many more blacks sitting in prisons in America who would say, "Welcome to our world, man," but there can be no good come from two wrongs and we seem to be making those kinds of choices in America all the time now. And like the innocent police officer who was killed in our neck of the woods, it's always the innocent who pay. Can you live with that? I can't, but apparently there are those who can.
How about Cheshire?
That guy is too much. He's the real thing.
I guess he thinks Looney Linwood was delivered from the heavens.
On the AM Radio, out of Raleigh, a reporter that witnessed Linwood described it as much worse than he N&O did. The NYT account was different than both. .
I think there's some sympathy for Linwood in the Media. They are giving him a pass for not acting smart or Logical.
That is some Funny sh&+.!!
I think we can all relax. WRAL-TV just reported that someone in Durham (some offical) made a public statement that Chalmers daughter will NOT receive preferential treatment.
Yeah, sure - she has for her whole life.
How many White, privileged Rapists can Crystal fit into a volkswagon?
Nine. 4 in front seat, 4 in the back, and 1 in the glove compartment!
Did you ever see the stateroom scene in the Marx Brothers' movice, "A Night at the Opera". The visual of that has kept me in chuckles throughout this whole nasty business. I keep seeing the bathroom as the stateroom. Ah, well, I'm closing it down for the day folks. I'll be at the office again over the weekend, I'll check in periodically to see if anymore from this Alice in Wonderland case surfaces. Have a good weekend.
Angel's Escort Service
Good Lord. That must be the escort service the paper said the boys raped in that bathroom :-)
Wham-Bam-Thank you M'am, Next rape!
LOL!
Did they spell her name correctly this time?
Oh, yeah ... I believe that one.
Nifong is scouring the statutes for ORGY violations as we speak!
At least the Durham health Dept could post a sign in that bathroom that says -
' ' ' Capacity 30
No more than 30 persons at any time
I'm still waiting for the Media outrage. Anyone with a pulse can see what is happening here.
And there are positions the media could take, for instance, asking why Kim Pittman isn't charged. That doesn't call the Queen accuser a liar; that doesn't violate any of the codes of the feminist oath they've sworn; it doesn't direct support the blue-eyed devils - it asks for Judicial or prosecutorial consistency.
But, still other than a couple on FOX and Abrams - they are in support of the AV.
I watched much of the hearing on CTV. Every Talking head on that channel was making impassioned pleas for support of this "rape victim" In 60 minutes, I saw Beth Karras, Ashley Banfield, and then Nancy Grace all make me run for the Kleenex by their stirring support of this poor victim.
Even on Fox, O'Reilly wants to totally dodge the Guilty or Innocent discussion, because you know, "Nobody knows what happened in that bathroom."
He reports on his Opinions 7 days a week, but when it comes to this Politically Correct case - the standard is that you have to KNOW - absolute personal knowledge - nothing less.
3 strippers at the party and 5 guys raped her. Unbelievable.... What is it going to take to end this case?
3/20/06 0856HRS - CONTACTED ANGELS ESCORT SERVICE, SPOKE TO TAMMY ROSE IN REFERENCE TO THE CASE. SHE STATED THAT SHE DID NOT TAKE THE INITIAL CALL THAT IT WAS A REFERRAL, FROM MELISSA WHO ALSO HAS AN ESCORT SERVICE. SHE STATED THAT NIKI WHOSE REAL NAME IS KIM PITTMAN ALSO WORKS FOR MELISSA. SHE STATED SHE DID NOT KNOW HOW IT COULD HAPPEN AND THAT WHEN SHE TALKED TO MS. PITTMAN SHE STATED SHE DID NOT KNOW HOW OR WHEN IT COULD HAVE HAPPENED. SHE GAVE ME MS. PITMAN S (sic) NUMBER...
http://boards.courttv.com/showthread.php?s=b707a2e559f7c7990cf8198a02e7b3e9&postid=8148518
That's 4 strippers!
I already made that error!
CGM, Tammy, Nikki, & a little Angel.
Susan Filan and Georgia Goslee. Are they representative of anybody? Their chat on Abrams went something like, "Yes, her stories are conflicting but Nifong talked to her in person. It looks bad on paper but in person it could make perfect sense." AND "We are only getting info from the defense." So even though there are at least a million things wrong with this case somehow Crystal can make everything make sense BY HER MERE PRECIOUS PRESENCE.
WHAT???
About Melissa--I have been trying to find the name of her service but with no luck..
Gonna sign off. Bad lightening out there.
Be back soon
(The rain will go all around us and we won't get a drop--betcha)
2, 3, 4, 5, 8, or 20 what the hell does it matter? This is nothing more than defense spin. ;)
Well, I can't keep the strippers straight, or what belongs to what.
Kim/Nikki
Prescious/Crystal
Tammy
Melissa
Angel/Angels
Bunny Hole
Allure
Gotta share this post from the CTV boards:
Susan Filan looked Nifonged today
Susan Filan looked a little dejected on Dan Abrams today. She’s still down in Durham and looked, can I say it, like she had been Nifonged. It could also be because the other girl is getting her job.
She blithered on about how different it felt to be in a real courtroom where real motions were being discussed, rather than just being in a TV studio going on about the case. Well, yeah, I guess.
Then when asked if a prosecutor should have brought a case with so many contradictions and inconsistencies, she said, in pure Nifongese, that, if the prosecutor really believes the victim, then he’s got to bring the case, even if he doesn’t think he can win. And she’s impressed with his total conviction about the case.
Also her stylist/makeup person clearly wasn’t interested in a trip to Durham.
Georgia Gosslee looked radiant.
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