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

[Protect the Bill of Rights]

I heard your letter on the rebroadcast. Most excellent.

Your closer (re: time in NC prisons) was a zinger...I won't even dare paraphrase it because I could not do it justice. It was dramatic.

OT
Abrams Report: Now I remember him, Jim Moret. He was on CNN eons ago. Where has he been, I wonder?

[JLS]

H&C tonight:

1. Colmes lies about all the evidence not being out.

2. Caulfield lacrosse mag attorney says Nifong may face liability for not mentioning exculpatory evidence.

3. Guilfoyle says we must protect names. More spinning that Nifong must have something else.

4. Caulfield says the accused need protection from false accusers.

5. Guilfolye says discovery law is good in response to a question. Says she would have not filed this case on what she has seen.

6. Guilfolye ends it on the defense did pull out that one page that is most damaging. What lie, they sent a letter detailing what Nifong's investigator ask for.

These talking head just count on people being ill informed when they lie to them and omit facts like this.

[Dukie07]

Thanks for the pings. I missed the Abrams/Filan report :(

Nevertheless, good work Ken H!

[RecallMoran]

What line of work was Nifong's daddy in?

[Protect the Bill of Rights]

Guilfolye ends it on the defense did pull out that one page that is most damaging

I haven't heard that one.

[Protect the Bill of Rights]

He was the revenue man........

http://www.grandforks.com/mld/grandforks/sports/colleges/14357578.htm

"........Born and raised in Wilmington, N.C., Nifong was exposed to law-enforcement early. His father was a revenuer who tracked down moonshiners. As Nifong told the Durham Herald-Sun, he sometimes went along to help blow up illegal stills.
..."

IOW, Daddy wasn't well thought of in the woods, LOL!

[RecallMoran]

That leaves us with one of the other players or Stevens (not old enough?). That was 45-46 years ago. If the Durham attorney was at the youngest 35 at the time, it would make him 80 now. No one in this drama is 80, therefore it had to be someone's daddy. One of the investigators? Probably not? Cheshire, Osborn?

[JLS]

Right, it is called lack of context. Chesshire sent that one page to the investigator, because that number, 5, is the one the investigator interupted Chesshire's press conference to question.

[JLS]

Greta interviews Woody and shows her bias by refering to Monks as "the Republican Candidate."

[I want to know]

That leaves us with one of the other players or Stevens (not old enough?). That was 45-46 years ago. If the Durham attorney was at the youngest 35 at the time, it would make him 80 now. No one in this drama is 80, therefore it had to be someone's daddy. One of the investigators? Probably not? Cheshire, Osborn?

I had thought maybe Cheshire IV (he died this April at age 88) who was a graduate of UNC, however, wasn't he a Raleigh lawyer?

[JLS]

Greta's panel says:

1. Cheeks might get on the ballot. None for Monks. We shall see if Woody reads Durham well.

2. Ted Williams when asked about Nifong says the more he looks at Nifong the more he has respect for him. [How is the koolaid Ted?] Greta calls him on it and asks what is Nifong's responsibilities. Ted is hopeful for some silver bullet.

3. Hammer is back. With Williams but faults Nifong for his rush for judgement. Greta asks him her question. What compelling piece of evidence ... Hammer suspects that Nifong has looked the prostitute in the eye and believes her. Greta details the lack of physical evidence and prior claims of Mangum.

4. Goes to Bernie. Bernie says it does not matter to him if Nifong believes her. That is not enough.

[RecallMoran]

What was the part about getting a list of voters and getting them on the jury? I heard that from another room and rushed in but it was over. You can't actually do that, even in NC, can you?

[pepperhead]

It was a joke.

[Ken H]

From the News and Observer--

That document was attached to a letter that a defense attorney sent to an investigator in Nifong's office Friday and copied to reporters. The day before, the investigator, Linwood Wilson, interrupted lawyer Joseph B. Cheshire V as he talked at a news conference Thursday after Nifong gave hundreds of pages of evidence to defense attorneys. Wilson asked to see the document that stated the woman had changed her story.

http://www.freerepublic.com/focus/f-chat/1653541/posts?page=1120#1120

I say we email hannity@Foxnews.com Not sure of Kimberly's address-- maybe thelineup@foxnews.com ?

[Protect the Bill of Rights]

Here is another angle to what is driving Nifong.

There is a bit of bad blood between Eugene Brown and Chalmers.

New Durham Police Report Draws Criticism: Top News Stories at Officer.com

New Durham Police Report Draws Criticism
Council Member Upset About Cost Of Report
 

POSTED: 6:31 p.m. EDT April 13, 2004
UPDATED: 5:56 a.m. EDT April 14, 2004
 

Story by nbc17.com

DURHAM, N.C. -- A Durham city council member wants to know why the police chief spent thousands of dollars on a report when the city is short on cash.

City Councilor Eugene Brown wants to know why Police Chief Steve Chalmers paid a consultant $45,000 for advice on how to run the department.

The report was put together by Asa Spaulding, a special advisor to Chalmers, and was completed in January. It took almost three months and a letter from Brown to finally get it released.

"The issue is, we have a police department that is undermanned, underpaid and under stress and to spend $45,000 when we don't have it to begin with ... that's just nonsense," Brown told NBC 17.

For months, Durham police officers have asked the city for higher pay, but the city has claimed it is strapped for cash.

"I am a strong supporter of the police department for full funding, but I was disappointed that under (Chalmers) leadership, the department spent $45,000 for this consultant," Brown said.

[excerpt]

---

Fast forward.

Eugene Brown lives on Buchanan Blvd (one block from 610) and he had harsh words for the Lacrosse team:

newsobserver.com | Team has swaggered for years

Team has swaggered for years
Misdemeanors over a seven-year period fuel the lacrosse team's rowdy reputation
Jim Nesbitt, Benjamin Niolet and Lorenzo Perez, Staff Writers

[excerpt]

'Preppy arrogance'

The case has ripped an already frayed town-and-gown relationship, underscoring the friction between the school, with its $41,000-a-year cost and walled campus, and the surrounding city.

"It's this preppy arrogance that they will never be held accountable for what they've done -- that their daddies will get them out of it," said Eugene Brown, a Durham city councilman who lives on Buchanan Boulevard, a block from the rental house.

"What do you do when you walk out and some guy is urinating on your house and you ask him to stop and he refuses?" Brown said. "We've been living with this for years, and the lacrosse players were the worst."

---

A bit of bio

Your Triangle Area, Chapel Hill, Hillsborough Realtor - Eugene A. Brown

A native of Durham, Eugene's interest in older homes was sparked back in the 1970s when he moved to Washington, D.C., to work on Capitol Hill. While living in Washington, he bought his first home, a historical 1910 row house on Capitol Hill. Eugene and Signe were married in 1975 and moved to Denver, Colorado, where he served as Director of Communications for the National Conference of State Legislatures. There, the Browns bought and restored yet another 1910 home on Denver's Capitol Hill. The Browns moved to Durham in 1980, where they saw a niche in the market for selling older homes of character.

Over the years, he has restored many homes and received numerous awards including the Historic Preservation Society of Durham's Architectural Conservation Award, the Greater Chamber of Commerce's Community Beautification Award, and the Historic Preservation Foundation of North Carolina's Award of Merit. Today, Eugene is broker-in-charge at Distinctive Properties. He was elected to the Durham City Council in November 2004 for a four-year term. Signe, an attorney, is a third-grade teacher at Forestview Elementary School. A former president of the Historic Preservation Society of Durham, Eugene continues to be active in the Durham community. He serves on the Board of Directors of the Carolina Theatre, Museum of Life and Science and is an advisor for Habitat for Humanity.

 

---

Maybe Nifong is also pandering to the money and social circles in Durham..  Wonder what Nifong thinks it would be worth to some people to do what Chalmers could not--get rid of those damned preppies. This could be a turf war between the "new black" leaders and the "old white money". Nifong was ruthless enough to figure out this would help him with both groups. A two-fer

 

[Protect the Bill of Rights]

Do you know if the Browns socialize with the Nifongs?

[JLS]

I took it as a joke too.

[RecallMoran]

Signe, an attorney, is a third-grade teacher at Forestview Elementary School.
___________________________________

Odd.

[Jrabbit]

WOW

I knew that was an excellent e-mail the minute you posted it!!

BRAVO!

[xoxoxox]

Spaulding's father-

"A former president of North Carolina Mutual Life Insurance Co., the largest minority-owned financial
institution in the world, Asa Spaulding gained an outstanding reputation for his financial skill and
business acumen. Elected as Durham County's first African-American commissioner, he established
a standard of public service for all races. By example and encouragement, he helped to calm and
shepherd the community through the emergent times of improving but strained race relations in the 1960's."

http://thomas.loc.gov/cgi-bin/query/z?r101:S26SE0-22:

The NCMLI Co. headquarters stands across the street from the Durham Police Department
which both face Duke United Memorial Methodist Church in downtown Durham.

'the "new black" leaders and the "old white money". '-- refer now to Clement and Hill.

The name of the Heyman lawyer may require a trip to the Herald-Sun microfilm.