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
Strange how he never got around to Lil Miss Chalmers.
So industrious - yet so lacking
Note the original link was Mike Nifong's election website.
Not exactly an unbiased article.
Next we will read Wilson proclaiming Mikey is a 'bright' man.
Raining cats & dogs in North GA--finally.
P.S. I have been looking for the name of the Durham lawyer. I think his name is "A. Durham Lawyer", that is the only reference I can find in countless articles, LOL!
Linwoody could have upped his quota had he just looked under the PC's nose.
;)
Thanks for the post.
Are we searching for another attorney?
Post 1353
Not sure it has much to do with this, but I have learned never to close the door on something unless I at least check it out. :-)
Might be buried in here:
http://www.dukebasketballreport.com/main/all.html
In Massachusetts this is what we call a "hack". Sounds like someone looking for another pension, and Nifong is facilitating it. I can almost bet that there is no or even a negative ROI on Wilson's salary and benefits. Looks like Godfather Nifong is out hiring coat holders and precinct workers!
Any word on the new 500 pages? Anything in there?
Or has that been quiet?
Durham, turn the other Cheek. (sorry.)
http://www.newsobserver.com/102/story/454757.html
Published: Jun 26, 2006 11:22 AM
Modified: Jun 26, 2006 12:23 PM
Challenger criticizes handling of case
By Benjamin Niolet, Staff Writer
DURHAM -- Durham County Commissioner Lewis Cheek, who is trying to collect enough signatures to challenge District Attorney Mike Nifong in November, said at a news conference today that the Duke University lacrosse case has turned Durham into a circus.
"I don't like my home being a national laughing stock," Cheek told reporters at a press conference at the Durham County Board of Elections. "This circus didn't need to happen."
(snip)
http://dwb.newsobserver.com/news/ncwire_news/story/2968056p-9401832c.html
Published: Jun 26, 2006
Modified: Jun 26, 2006 11:20 AM
Possible DA challenger says he still hasn't decided on candidacy
By AARON BEARD, Associated Press Writer
DURHAM, N.C. -- A county commissioner considering an election challenge to the district attorney prosecuting three Duke University lacrosse players on rape charges said Monday he still hadn't decided whether to seek office, but is continuing work to win a place on the ballot as a Friday deadline approaches.
Lewis Cheek said he was recruited to challenge District Attorney Mike Nifong by people dissatisfied with the incumbent's job performance.
"This isn't about Duke lacrosse," Cheek said. "It's about dealing with crime in a fair, evenhanded and appropriate way in our city. The lacrosse case isn't the problem. It pointed out the problem.
"Those things are issues in every case, not just the Duke lacrosse case."
(snip)
Hmmm...looks like the News & Observer is getting their feet wet. Who'd 'a' thunk it?
Ken H.!!!
You made it!!! They read your email today on the Abram's Report! And you could hear the THs and crew laughing in the background!
Matt? WTF?!? LOL
http://www.reason.com/links/links062606.shtml
Low-Tech Lynching
Even annoying, rich white boys deserve justice
Jeff A. Taylor
With a judge's decision to reduce the bond for one of the three Duke University lacrosse players charged with raping an exotic dancer in March comes the first sign that the criminal justice system can, and will, self-correct the ongoing travesty in Durham. District Attorney Matt Nifong ...
I haven't found it... But I bet it's in the book BLUE BLOOD... anyone have it?
Wasn't "Matt" one of the boys identified by the accuser? LOL!
So was Nifong at the party?
Someone check Nifong's DNA. LOL
No wonder he knew about the "choke hold"!! LOL!
Not going there. LOL
Could you post said email? I forget what it said...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.