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
Thank you, thank you from both my hubby and me. I came in, opened your post and burst out laughing. Hubby came in as that's not something I do much anymore and absolutely howled. He asked me to print it out and it is now on the refrigerator right next to our son's football schedule (that's a highly honored spot in this house.) I can even identify the characters in the scene -- we're up to four dancers and five rapists now I see -- SO..O David Evans WAS wearing a moustache. What a scream!
On the Record without Greta:
1. The substitute hostess did not understand why Chesshire sent his letter.
2. Ted Williams is tonight resting on the well she might be delusional and insane but that doesn't mean she wasn't raped and no one calls him on the lack of physical evidence.
3. Bernie calls the case discussing but viewed Chesshire's move as gamesmanship. It was but it was good and necessary gamesmanship.
4. New panel member an ex-DA from SF not Hammer, understand the case very well. [I guess as a new panel member he did not understand there is not requirement to understand what you are talking about.] He explained to the hostess why Chesshire wrote the letter.
5. The hostess responds and clearly understands the case very well, but did not understand the news of the day, ie why Chesshire wrote the letter. She says the key to her is that the lineup was bad as it did not contain any fillers.
6. Bernie talks about that for a while.
Basically that was it.
Subject: Susan's Been Nifonged!
Excuse the delay in writing, but after seeing Susan Filan gushing over Nifong yesterday, I'm just now able to hold down fluids.
To Susan,
Nothing about the case has changed in the last 48 hours. Nifong's deliberately misleading statements about the DNA, the condoms, the date rape drug, the medical exam, the "wall of silence" from the players, the choking demonstration etc. are still there. I know you are aware of his refusal to talk to the defense and view their exculpatory evidence, because you said "it scared you".
This case is not a noble struggle between two honorable adversaries. This case is an abuse of the criminal justice system by a DA who has been knowingly deceitful. Three innocent young men are facing decades in a North Carolina state prison because of the venaility of that man you seem so taken in by.
It looks to me as if you have let your emotions overcome your moral compass.
Which links to WRAL:Alleged Victim Was Tested At Hospital For Date-Rape Drug An exotic dancer who says she was gang-raped and beaten at a Duke lacrosse team party where she was hired to perform was given a test at a hospital to determine if she had a date-rape drug in her system, WRAL has learned.
The accuser, a 27-year-old single mother and student at North Carolina Central University, was treated shortly after the alleged attack on the morning of March 14 at Duke University Medical Center, according to court documents.
Was Nifong's denial that there was not a toxicology report only in reference to the rape kit and not to some other tests which may have been performed?
I haven't noticed any reporting from WRAL which highlights this obvious contradiction...
Did anyone mention Linwood publically challenging Cheshire's honesty?
Cheshire surprised at no tox screen:
http://www.wral.com/news/9420464/detail.html
Excellent!!
bttt
bttt
Thanks! You nailed it.
YIKES!
To begin with, this case should never have come to trial. The State has not produced one iota of medical evidence that the crime the defendent is charged with ever took place. It has relied instead upon the testimony of two witnesses whose evidence has not only been called into serious question on cross examination, but has been flatly contradicted by the defendant.
I have nothing but pity in my heart for the Chief Witness for the State. She is the victim of cruel poverty and ignorance. But, my pity does not extend so far as to her putting a man's life at stake...
The witnesses for the State have presented themselves to you gentlemen -- to this Court -- in the cynical confidence that their testimony would not be doubted; confident that you gentlemen would go along with them on the assumption, the evil assumption, that all rich white kids lie; all lacrosse players are basically immoral beings; all college men are not to be trusted around black women, an assumption that one associates with minds of their caliber, and which is in itself, gentlemen, a lie -- which I do not need to point out to you.
Now, gentlemen, in this country our courts are the great levelers. In our courts, all men are created equal. I'm no idealist to believe firmly in the integrity of our courts and of our jury system. That's no ideal to me. That is a living, working reality!
Now I am confident that you gentlemen will review without passion the evidence that you have heard, come to a decision, and restore this man to his family.
In the name of God, do your duty. In the name of God, believe the defendant.
My apologies if this speech looks slightly plagiarized.
bttt
Well as you may have noticed that was a 22 May article. I supsect this just one more media outlet that bought into the Nifong date rape bait that he threw out around that time.
Yes the ex-DA from SF not named Hammer. Sorry I missed his name. He was quite well prepared and informed. He explain that the investigator interupted Chesshire with the press which is why Chesshire had to put up to shut the investigator up.
I am really confused. Was she or wasn't she tested?
Yah... the original was posted on 05/11.. The 05/22 is a revision...
I wonder who was the source of the original article... Noticably un-named... If I were a reporter who was blantantly lied to, I might be of a notion to "out" my source...
That article also reported the since debunked "DNA match" to Evans. The defense team said they knew who in the DA's office leaked that erroneous info two days before the 2nd round of DNA results were given to the defense. I wonder if the same DA sources were the ones who told WRAL about the date rape drug test mentioned in the same article?
So the DA's office has such a weak case they stooped to leaking lies that they know will be debunked. Are they counting on the potential jurors only seeing the original and never getting the debunking?
It must make the Durhamites so proud of their elected officials... I know I would be proud...
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