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
I just knew that someone would think I wrote that. I didn't. I posted something someone else wrote and posted on the CTV board.
Honestly, JLS, do you think I'd ever write that Georgia Goslee looked radiant???
I think what the CTV poster meant was that another girl (younger and prettier) was in Abram's old chair as host of the Abram's Report. Filan was in the chair immediately after his promotion to general manager.
I thought it was about truth and the facts leading to the truth.
But what do I know.
I'm just a citizen.
And what do I know? I thought it was about probable cause. I thought you needed that before you could even arrest someone.
Yes, Linwood sings bass in a gospel quartet:
http://www.spokesmenquartet.com/biography.html (back right)
I think a professional Christian artist who publicly interrupts a press conference to insinuate someone is lying and is then proven wrong, should publicly apologize:
Contact info: http://www.spokesmenquartet.com/contactus.html
This should be good. I have just Started googling, LOL!
Worthless Check Program Coordinator
Linwood Wilson
DURHAM, NC -- Herald-Sun, February 4, 2006
Bad check unit will not keep lax guidelines
By John Stevenson
A state investigation into possible financial irregularities has spurred the district attorney's worthless-check program to re-examine the way it does business, chief prosecutor Mike Nifong says. Nifong confirmed last week that the program no longer will deal with bad checks that are more than 2 years old, and will stop working with people who already have bad-check warrants against them. In fact, the program was not supposed to do either of those things in the first place, Nifong said. But he conceded that the guidelines were relaxed in recent years to boost collections, unclog crowded court dockets and help merchants who otherwise might be cheated out of hard-earned dollars.
An ongoing investigation by the SBI, however, means the original guidelines will be strictly enforced from now on, Nifong said. The SBI recently confirmed that a probe was in progress. The agency provided no further details. Without elaborating, Nifong said he called for the investigation after "a few anomalies" came to his attention late last year. It is not known how much money -- if any -- may have gone missing from the worthless-check program. Officials said neither of two current program employees is suspected of wrongdoing. The investigation focuses on one or more past staff members, the officials said.
The program uses a carrot-and-stick approach in its attempt to recover money for victims of bad checks. The carrot: Check writers escape criminal prosecution if they pay up. The stick: Those who don't pay are threatened with court action that could permanently mar their records and hinder employment prospects. But Nifong, who has been chief prosecutor for less than a year and who didn't personally relax the guidelines, said it probably was a bad idea when program coordinators started trying to collect from people who already had criminal warrants against them. Once warrants are issued, the stick-and-carrot formula becomes meaningless, he said. Similarly, it made no sense to threaten people whose worthless checks were more than 24 months old, since the law imposes a two-year statute of limitations on misdemeanor prosecutions, Nifong said. "The new program coordinators are being very careful not to accept checks that might run up against the statutory barrier," he said. "That should have been done all along."
Lisa Price, who resigned in November, was in charge of the program when guidelines were relaxed. Her attorney, Scott Holmes, said last week that former District Attorney Jim Hardin Jr. allowed the relaxation, which Nifong "never specifically ended." "Therefore, Ms. Price doesn't consider she has done anything wrong," Holmes said. "She's not a lawyer. She didn't know the legalities behind those guidelines. I honestly believe she thought she was doing people a favor and boosting her numbers at the same time. She wanted to make the program as successful as possible and didn't see any legal downside to bringing in as many people as she could." As it turned out, Price had bet-winning results. In 2004, then-DA Hardin wagered she couldn't reach a collection goal of $75,000. She came through with $104,000. Last year, the wager hinged on a target figure of $200,000. More than $202,000 had been collected by mid-November, when Price left her job. No one has suggested that Price is under SBI scrutiny. "She has no reason to believe she is a target of this investigation," Holmes said. "She looks forward to having this cloud of suspicion removed from her good name so that she can maintain her professional integrity."
Wanda Martin of Durham was one of those the SBI quizzed as part of its probe. She told The Herald-Sun three weeks ago that she paid $800 to $1,000 in cash into the worthless-check program and got neither a receipt nor credit for it. Since then, a search of court files revealed other Martin run-ins with the law. For example, more than $1,360 in unpaid worthless checks remained on her record as of the middle of last week. Some date back to 2001. She also has pending court dates this month and next on charges of driving while her license was revoked, obtaining property by false pretenses, breaking and entering, and larceny. "She's no angel," defense lawyer Kerry Sutton said of Martin. "But she's doing the best she can." Despite Martin's claim that she was wronged by the worthless-check program, Sutton had nothing negative to say about the collection effort. "To the best of my knowledge, the people working in the program have always done an excellent job," she said. "DA Nifong did the right thing in turning the investigation over to the SBI, and I believe they are doing their best to figure out what -- if anything -- happened here. Ms. Martin is continuing to cooperate with that investigation."
DURHAM, NC -- Herald-Sun, January 26, 2006
Missing money claim probed
By John Stevenson
The SBI is investigating a worthless-check collection program operated by the Durham County District Attorney's Office. A spokeswoman for the state Department of Justice confirmed this week that the SBI recently stepped in at the request of District Attorney Mike Nifong following allegations that large sums of money may have disappeared. The spokeswoman, Noelle Talley, provided no further details.
Nifong said he could not discuss the inquiry. "I have no dog in that fight," he said. "I cannot comment on that." But Nifong said in general terms that those who run the worthless-check program are not supposed to handle cash. "There is no provision for anybody in our office to ever accept money under any circumstances," he added. The money, he said, should be paid into the court clerk's office, and receipts should be issued.
Neither of two current employees of the worthless-check program is suspected of any wrongdoing. Rather, sources said the investigation focuses on one or more past staff members.
The collection program began in 1998 to aid merchants who might otherwise be cheated. It also helps to unclog crowded court dockets and allows the writers of worthless checks to escape criminal records. Those who pay up through the program are not prosecuted.
Suspicions recently surfaced, however, that some of the collected money was not properly accounted for. It was enough to prompt Nifong to call in the SBI. Wanda Martin of Durham was one of those questioned by state investigators. She said in an interview that she paid between $800 and $1,000 in cash only to find out later she got no credit for it. Martin also got no receipts, and now she is having difficulty in life because several worthless checks remain on her record, she added.
Martin is represented by Durham lawyer Kerry Sutton, who hopes eventually to clear her client's name. "I'm not suggesting she's an angel," the attorney said of Martin. "She's not. But she's doing the best she can." Sutton also applauded Nifong for seeking an investigation. "To the best of my knowledge, it would appear a problem was identified and quickly addressed by Mr. Nifong ...," she said. "I expect the SBI will continue their investigation until they have answers, and I truly hope they find something that will explain what happened here." Sutton said she scoured court computers and paper files on her own, and also talked with various judicial officials, but found no trace of the missing money Martin claims to have paid.
Yeah, I was trying to sort out what was from you and what was from the CourtTV board. Thanks for the clarification. Do you mind saying who posted this?
BTW, Filan was on the road which I am guessing Abrams did from time to time while hosting the show. I would guess that she still has her "chair" on the show, but if she keeps having a crush on Nifong or other perps on later cases, she wont have it too long. She has not sounded like a professional objected detached journalist in the last couple of days.
Can you believe this BS? The name Chalmers didn't ring a bell to any DPD investigator? Who the he!! is a worthless check investigator ... (*cough*, Linwood, *cough*)?
http://abclocal.go.com/wtvd/story?section=triangle&id=4301236
Chalmers Facing Questions of Special Treatment
WTVD Tamara Gibbs
(06/23/06 - DURHAM) - Stefanie Chalmers ended up in handcuffs Tuesday in connection with an incident that happened two-months ago leaving some people to wonder if the police chief's daughter is getting special treatment.
Also on abc11tv.com:
Send us news tips | Desktop Alert | ABC11 AccuWeather | Pinpoint Traffic When someone is arrested, procedure dictates that law enforcement officials should check for any outstanding warrants or summons for court.
It appears that's not the case for Stefanie Chalmers the daughter of Durham's Police Chief, Steve Chalmers.
She was a no-show in traffic court on Thursday for a handicap parking violation. Just a few days before, she was arrested for assault with a deadly weapon for an incident that happened two months ago on North Roxboro Street.
A police report shows she allegedly hit a woman with her vehicle on April 29th, but court records reveal a delay. An attempt to serve her warrant didn't happen until June 20th.
Court records also show another delay - - Chalmers allegedly wrote worthless checks to Wal-Mart and Winn Dixie, totaling just over $100 back in December 2003.
After two-and-a-half years, the summonses are listed as "unserved."
Investigators tell Eyewitness News that it's not uncommon for warrants to go unserved. The department says sometimes investigators simply have a heavy workload.
The Durham Police Department has released this statement:
"Chalmers did not and will not receive any preferential treatment. Chief Chalmers had no input or conversation with investigators and he was unaware of any outstanding warrants against his daughter."
A spokesperson with the Durham Police Department says the officer who arrested Chalmers on Thursday followed protocol and did a computer check, but because of a computer error, Chalmers' name did not appear.
Officials say the summons for the worthless check charges was served Friday afternoon.
http://www.newsobserver.com/1185/story/453817.html
Linwood Wilson, who coordinates the prosecutor's worthless check program and works as an investigator, interrupted Cheshire and asked to see the specific document that supports Cheshire's claims.
My fault. I should have put it in italics. I thought the line about Filan's makeup/hairdresser person not going to Durham was funny. That's why I posted it. Filan looked so dragged out.
momtothree was the poster. It's got its own thread.
Websleuths Crime Sleuthing Community - DISTRICT ATTORNEY ELECTION-Durham Co
Originally Posted by caffeinatd
I saw this in the online Herald Sun today, wonder if he is looking into Janet's case? Here is the link http://www.heraldsun.com/durham/4-719618.html
Maybe we should email /call him and Nifong to have him start investigating it.
.wow........."snip"..
"DURHAM -- For the first time in two decades, the Durham District Attorney's Office has a genuine investigator to find witnesses to crime, interview them and otherwise ferret out information that prosecutors need to build cases.
He is Linwood Wilson, a former policeman and private eye with decades of experience. Wilson was retired until District Attorney Mike Nifong hired him in December to help run a worthless-check program. Now Wilson spends more time investigating homicides, rapes and robberies than he does chasing bad-check writers. "
..although i'm thrilled to read that durham NOW has someone TO investigate, (if he's given the assignment.)..........i'm shocked that prior to dec.2005, :...........
"For a time after the last investigator died, such work was placed in the hands of junior assistant prosecutors, who did it on the side as part of their on-the-job training. And in recent years, the slot has been filled by a woman whose duties are more secretarial than investigative in nature. "
..no wonder this case has been dragging........LE is over worked, the DA's office is over worked..........( as seems to be the case all over..)
..hopefully this new investigator will get on it----------and we'll see an arrest and conviction SOON.
Remember the cab driver?
Victim gives details of racial slurs and sexual violence - www.ezboard.com
Cab driver arrested
...In another lacrosse case development this week, a cab driver who is an alibi witness for Seligmann was arrested Wednesday on a 2=-year-old misdemeanor larceny charge, accusing him of stealing five pocketbooks from the Hecht's store at Northgate Mall in September 2003.
The cabbie, Moecelden Ahmed Elmostafa, has said he picked up Seligmann and took to him to an ATM and a restaurant during what defense lawyers believe was the relevant time period for the alleged rape in March.
A lawyer for Seligmann, Ernest Conner of Greenville, was quoted Thursday as saying the misdemeanor arrest was an apparent attempt to intimidate Elmostafa in the lacrosse case.
But Linwood Wilson, an investigator for the Durham District Attorney's Office, denied the allegation.
Denies intimidation try
Wilson said the warrant originally was sworn out by a Hecht's security guard, long before the lacrosse incident arose. And when officers attempted to serve the warrant nearly three years ago, Elmostafa could not be found, according to Wilson.
But when the cabbie began giving interviews about the lacrosse case, authorities finally were able to track him down, Wilson added.
"When I did a record check on him, I found there was this unserved warrant," he said. "It was my obligation to have it served. If I had not had it served, there would be people complaining about that, too. It had nothing to do with trying to intimidate the man."
On Thursday, Elmostafa referred all questions to his lawyer, Thomas Loflin, who couldn't be reached for comment.
But The News & Observer of Raleigh reported Thursday that Durham Police Investigator R.D. Clayton, one of the detectives working the lacrosse case, picked up Elmostafa along with another officer.
"The detective asked if I had anything new to say about the lacrosse case," Elmostafa told The News & Observer. "When I said no, they took me to the magistrate."
(end snip)
URL for this article:
www.herald-sun.com/durham/4-733878.html
Gee, wonder who may have fed the Chalmers' story to the media?
In Durham, you never know...
Legal NC Name: Linwood E. Wilson Investigations, Inc.
Image Date Document Document ID
1/15/1985 INC - Articles of Incorporation 000350695
12/1/1989 SUSP - Revenue Suspension 000468000
8/26/1993 ADIS - ADM Dissolution 932389850
Has not been in business for himself since 1993.
BTW-is it me or were those early 90's banner years for Durham and many of it's leaders?
incest, incest, incest
Let's see...
Chain of events:
Linwood interupts Chesire's news conference.
Cheshire rebuts with fax, c.c. to Durham press.
Press mentions Linwood heads up worthless check investigations.
Unrelated???
Durham press release info Chalmers' daughter, who's worthless check summons went unserved served, until today.
Chalmers is a missing link in the chain. Someone must know where he is and why he is invisible. I did find this background article:
http://64.233.161.104/search?q=cache:Uvw9HMohD_UJ:www.thedurhamnews.com/local/story/2963101p-9398397c.html+steven+chalmers+durham&hl=en&gl=us&ct=clnk&cd=10
excerpt
"....Rising senior Stephon Pettway went straight to the band's deep roots in community with a six-minute profile of Durham Police Chief Steve Chalmers, a 1971 Hillside graduate, who played baritone sax.
Chalmers is filmed lining a field for marching band practice and talks about how being in the band taught him that "you can be the best at what you do......."
----
Hillside can turn them out, can't they?
He did present at the most recent city council meeting. It's the first current quote attributed to him in months.
If anyone knows even one MSM talking head, I'd love to hear these questions asked just once on the air.
1) Why isn't KimNikkiPittmanRogers indicted based on CGM's statement?
2) Where is the Durham Chief of Police? The biggest case in Durham history and the Chief is on vacation.
These are simple questions that any lawyer or legal analyst worth anything should be asking LIEfong or the public.
Do you have a link to the thread?
Georgia Goslee called Susan on her flip flop-- "weren't you just saying the case should be dropped?" Can't remember her exact response-- some kind of clintonian non-answer, as I recall.
I am not at all impressed with the integrity of most of the prosecutors I've seen commenting on the case.
http://boards.courttv.com/showthread.php?s=0f70b6e63ba37f72d5a128230f8258ec&threadid=268010
The transcript to the show will probably be posted by tomorrow at MSNBC.
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