DA plans to turn over more papers in lacrosse case (DukeLax)

The Herald-Sun ^ | June 22, 2006 | John Stevenson

[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

[JLS]

Some curly haired male Nifong mouthpiece from Durham said Nifong doesn't have to reveal his witness list till trial.

He is wrong. Certainly with expert witnesses he must reveal them long enough in advance that the defense experts can examine and test their opinions. I suspect he must list all potential witnesses but does not have to call all of them.

[JLS]

I think the "sink" was the fists of a male acquaintance who beat her sometime between the two hospital visits. Comparing the two doctor's findings should be very interesting.

Of course. She was due a beating for not having her pimps money. Those are the rules of that subculture.

[RecallMoran]

This makes no real sense to me but Mr. RecallMoran, litigator, says that Nifong can come up with new evidence anytime before trial and as long as he submits it before the actual trial date, the judge will accept it. He says no judge will turn down evidence pre-trial. So theoretically, he could still be holding onto something and waiting till just before the trial. Because the event didn't occur, I can't imagine what he might have unless it's someone willing to lie for him. I think I'll just believe that he has turned over everything he has.

[Locomotive Breath]

Seriously, please let them know how you feel. I can't do it alone. : )

[maggief]

Thanks, I recall reading that Ron and Don are twin brothers. It does seem to be Easley's M.O. ... appointment, then run for office.

Let's see how Ron handles court today. Will he allow more chuckling from Nifong, (another Easley appointment)?

Are the NBP's in town?

[JLS]

I am absolutely dying to see the motion filed by the NandO attorney. If anyone sees it, ping me...

Isn't it typical that they post everyone's motion but their own?

[Constitutions Grandchild]

You are correct. As more and more information comes out (thankfully, it will in this case), you will be amazed at what you see. It will be ugly and vile. You will have that sinking feeling in the pit of your stomach and, God willing, make the commitment before Him that you will never allow it to happen again. The more we learned, the stronger we became in our belief. Our system is broken. We -- that's right -- folks like us -- need to help it mend.

[JLS]

This makes no real sense to me but Mr. RecallMoran, litigator, says that Nifong can come up with new evidence anytime before trial and as long as he submits it before the actual trial date, the judge will accept it. He says no judge will turn down evidence pre-trial. So theoretically, he could still be holding onto something and waiting till just before the trial. Because the event didn't occur, I can't imagine what he might have unless it's someone willing to lie for him. I think I'll just believe that he has turned over everything he has.

Well Nifong certainly is not required to turn over evidence he has not yet developed. And usually a judge will not toss information inadvertantly left out. But this is not a usual case and another way to force it to end is for the judge to strictly enforce discover.

[Constitutions Grandchild]

Mr. RecallMoran is correct. Sandbagging, if proven, is a no-no. Sandbagging, if you don't get caught, is part of the game. That's the part of our system we need to fix. The D.A. shouldn't have a dog in this fight or any fight. If he has, he's not doing his job. His is the "justice is blind" role in this scenario.

[Locomotive Breath]

I believe that Nifong has turned over everything he has that helps the prosecution case because he wants to use it at trial. I promise you he has information that helps the defense case that he has not turned over and won't turn over unless forced to by a judge.

I find two things ironic about the TH's complaint of defense "spin":

1) Nifong is getting beat to death with his own evidence that "supports" a conviction. They keep squawking that the must have "more".

2) What we don't know yet is what the defense has that supports an acquittal. That's what could be "spun" but with the exception of RS's alibi material, nothing has been released.

[Ken H]

Here's the only thing I saw about the motion by the N&O at their site--

The News & Observer asked the judge to make public the accuser's medical records. Attorneys for Seligmann and Evans filed the records under seal but asked that the judge unseal them. Seligmann's attorneys asked that a judge make the records public. The newspaper's lawyers cited the long history and practice of open courts.

"The filings associated with the sealed documents raise questions about the actions of the district attorney prosecuting this case," attorneys for The N&O wrote in the motion. When the conduct of public officials is at issue, the public has even greater interest in court records, the motion said.

In the early days of the investigation, Nifong gave 50 to 70 interviews to national and local reporters. There are a number of discrepancies between Nifong's early statements and documents from the prosecutors' files that defense lawyers have filed in court.

http://www.newsobserver.com/102/story/453339.html

[Fido969]

The hard part to grasp in this is that NiFong submitted "cr** evidence" and EASILY got the indictment.

Based on his slew of public "misstatements" around the time of the indictments, you have to wonder whether he lied - or deliberately misled - the grand jury.

[Wild Irish Rogue]

" The three are accused of raping, sodomizing and restraining an exotic dancer ..."

If the FA denied any anal assault and the medical experts found no evidence of any kind of anal injury- how could Nifong legally charge sodomy ?
Napoleon Nifong obviously considers himself unbound by any legal or ethical restraints.

[TheSpottedOwl]

Thanks for the tips. I'm still a little confused about this satellite dish thing. Some stuff comes on when it's supposed to (Los Angeles channels), cable channels come on Eastern time. I'm very interested in this case, and would hate to miss it.

Thanks again to you both!

[darbymcgill]

Here's the only thing I saw about the motion by the N&O at their site--

Can you imagine the editor's meeting on the eve of the hearing which could throw out the ID and kill the DA's case.

Any new business?... Uhhh, Yah, what if the Judge dismisses the case tomorrow... Ohhhhhh ShazzBot... Get out the emergency CYA article on the double..

[GAgal]

Johnsville News points out Crystal's new Wikipedia page:

http://en.wikipedia.org/wiki/Crystal_Gail_Mangum

[Fido969]

And that's "Dr. XXXXXX" to you Hank.

Hank is clearly a liberal with a lot of edujamacashun, but no common sense.

[abb]

Lol, Wiki is threatening deletion of the article. Like that will make it all go away. "Momeeeeee....Make them stop!!!!"

[darbymcgill]

Johnsville News points out Crystal's new Wikipedia page:

Go ahead... make an update... I dare ya...;)

[TheSpottedOwl]

Our system is broken. We -- that's right -- folks like us -- need to help it mend.

*Sigh* Don't get me wrong, I agree with you. However, fixing this mess will be like emptying an outhouse with a teaspoon. This kind of misconduct goes on in every court in this land.