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
http://www.freerepublic.com/focus/f-chat/1653541/posts?page=1043#1043
To: Mad-Margaret
I sent this to abramsreport@msnbc.com and tucker@msnbc.com
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.
1,043 posted on 06/23/2006 9:23:37 PM CDT by Ken H
Pinging DukeLax List. Ken H's email to MSNBC's Susan Filan was read on the air on the 4pm broadcast of the Abrams Report. It will repeat at 6pm EDT on MSNBC.
mark
Good bunch of links here:
http://friendsofdukeuniversity.blogspot.com/2006/05/links-to-media.html
Mmmm...double dipping?
"Are we searching for another attorney?"
http://www.freerepublic.com/focus/f-chat/1653541/posts?page=1353#1353
Damn....Satellite is out, all this damned rain.
Hope I catch the 6pm rebroadcast.
OMG! They read that? Was Susan on the show? LMAO!!
Ken YOU ROCK!!!!
The N&O has for years been more than willing to bash Durham. The only thing they're more willing to bash is Duke. So they're just dropping back to their normal MO.
They also included a line about Susan Filan's gushing and Ken H. not being about to write the email until he could hold down his fluids.
I was great! You da man, Ken H!
Well, how about that!
Great job, but don't let it go to your head and join the MSM crowd of sycophants and bleeding hearts!
They read the emails at the end of the show right? Got some stuff to do around the house, I hope I can catch that segment.
Excellent!
"Man with a point of view."
LOL
Pinging DukeLax List. New motion filed 6/26/06
http://abclocal.go.com/wtvd/story?section=triangle&id=4309047
Defense Files Motion to Reveal Rape Case Details
AP
(06/26/06 - DURHAM) - Lawyers for one of three Duke University men's lacrosse players charged with rape want District Attorney Mike Nifong to detail his case, saying in a motion Monday they need the information to prepare their defense.
Lawyers for Reade Seligmann, 20, of Essex Fells, N.J., seek a "bill of particulars" that would detail information prosecutors used as the basis for charging their client with rape, sexual offense and kidnapping in April. Among the 22 pieces of information requested are the exact time and place where the alleged assault took place.
The motion, filed by defense lawyers Kirk Osborn and Ernest Conner, said Seligmann has provided a "complete alibi" that clears him of any suspicion. It also argues that the accuser has changed her story several times and says the defense needs to know "which story is going to be presented as the 'true story."'
"It is essential for Reade Seligmann to have a forecast of exactly which of the many stories Mr. Nifong ... will use in his attempt to falsely prosecute the defendant," the motion said.
Nifong's office said he would not comment Monday.
The case began when the accuser told police she was raped by three men at a March 13 team party where she had been hired to perform as an exotic dancer. One month later, a grand jury indicted Seligmann and Collin Finnerty, 19, of Garden City, N.Y., on identical charges. A third player, team co-captain David Evans, 23, of Bethesda, Md., was indicted in May.
All three are free on bond and have strongly proclaimed their innocence, either in person or through their lawyers.
A trial isn't expected to begin before spring 2007.
Stan Goldman, a Loyola Law School professor and former Los Angeles County public defender, said the defense motion is a bit of "posturing," but said a bill of particulars can be useful in preparing a defense.
"There may be something quite legitimate in the things the defense is asking for, but there's no question some of the statements are there for public consumption," Goldman said. "The court's not going to be persuaded that they really don't have enough to pursue the case. If that were true, there would be a motion to dismiss the case.
"It sounds like some of it is written with legitimacy and some of it is written just for public relations."
Link to motion here:
http://www.kirkosborn.com/Motions/MotionforBillofParticulars.pdf
They're trying to lock him in to his story. Will Judge Titus be ruling on these motions?
The motion, filed by defense lawyers Kirk Osborn and Ernest Conner, said Seligmann has provided a "complete alibi" that clears him of any suspicion. It also argues that the accuser has changed her story several times and says the defense needs to know "which story is going to be presented as the 'true story."'
Zinngg!
Whoa!! That should shut up that annoying Bourlon creep. Remember last week when he was on Tucker (I think) with Wendy and can't remember who else? That sleezy wire-haired attorney who is a Nifong mouthpiece?
He said then that the players should be asking for a speedy trial (and ignored that Reade's attorney had already asked for the case to be fast tracked at the first setting) and then started belittling the attorneys for not for filing a bill of particulars (which has nothing to do with a speedy trial).
Looks like he got his wish. LOL! I can't wait to read Nifong's response.
Congrats on your e-mail being read on MS-NBC. I missed and wonder what prompted them to read it? Is someone going after her as a nonjournalist?
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