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.washingtonpost.com/wp-dyn/content/article/2006/06/26/AR2006062600980.html
The Media Rush to Duke's Defense (Barf Alert!)
By Andrew Cohen
Special to washingtonpost.com
Tuesday, June 27, 2006; 12:00 AM
http://www.newsobserver.com/122/story/454938.html
Published: Jun 27, 2006 12:30 AM
Modified: Jun 27, 2006 02:54 AM
Lawyers press for specifics in lacrosse case
http://www.blackamericaweb.com/site.aspx/sayitloud/phillips627
Commentary: Durham D.A. May Be Looking for Cosmic Justice in Duke Case – But is That Justice?
Date: Tuesday, June 27, 2006
By: Joseph C. Phillips, BlackAmericaWeb.com
http://www.theconservativevoice.com/article/15655.html
By Michael J. Gaynor
Give It Up, Mike Nifong! Even Ruth Sheehan Says So
June 27, 2006 12:32 AM EST
http://www.renewamerica.us/columns/gaynor/060626
Kimberly Guilfoyle: Good words for Nifong, guilt by association for the Duke Three
Michael Gaynor
June 26, 2006
http://www.herald-sun.com/durham/4-747701.html
Defense lawyers: Dancer claimed she wasn't raped
By John Stevenson : The Herald-Sun
jstevenson@heraldsun.com
Jun 26, 2006 : 8:56 pm ET
DURHAM -- A new batch of prosecution information showed that no rape occurred during a Duke University lacrosse party in March and revealed roughly a dozen conflicting statements by the accuser -- who even once told authorities she was not sexually assaulted -- two defense lawyers contend in court documents filed Monday.
Lawyers Kirk Osborn and Ernest Conner, representing indicted rape suspect Reade Seligmann, said they needed to know which of the accuser's stories District Attorney Mike Nifong intended to use "in his attempt to falsely prosecute" their client.
Osborn and Conner were responding to 536 pages of documents about the case that they received from Nifong last week, on top of 1,298 pages they got earlier.
The documents consist "mainly of extraneous, irrelevant material," the defense lawyers wrote of the new documents.
None show any crime occurred, they added. In fact, they said, the documents show the accuser -- an exotic dancer hired to perform at the party -- said no rape occurred, and gave about a dozen conflicting statements.
Nifong had no comment Monday.
"He will address motions in the courtroom, where and when it is appropriate," said one of his assistants, Candy Clark.
If they chose to, the defense lawyers could make public all the information they have received from Nifong. But they have not done so.
Lawyer Joe Cheshire, representing another indicted rape suspect, David Evans, last week said essentially the same thing as Osborn and Conner after he received the latest batch of documents from Nifong.
Seligmann, Evans and Collin Finnerty are accused of raping the dancer in a bathroom during the party at 610 N. Buchanan Blvd. across from East Campus.
But the woman said at one point she had been assaulted by as many as 20 men before narrowing the number to five and finally three, according to information previously revealed by defense attorneys. At another point, she claimed she had not been raped at all, the information indicated.
In the new paperwork, Osborn and Conner said the indictments against Seligmann contained insufficient detail, so they requested 22 specific bits of information to fill in the blanks.
Among other things, they asked exactly where and at what time a first-degree rape allegedly occurred, and whether a deadly weapon was used. They also wanted to know, in reference to a kidnapping charge, whether the accuser was held in "involuntary servitude" and whether she was released in a safe place.
Last month, Osborn and Conner filed a motion asking that Nifong be removed from the case due to "prosecutorial misconduct and other strange actions." In that motion, they said Nifong inexplicably had continued to prosecute Seligmann despite "a complete alibi:" cell phone, taxicab and bank ATM records indicating he was elsewhere when the rape allegedly occurred.
The three indicted men are free on bond as they await a trial that, according to Nifong, might begin next spring. Their next court date in the rape case is July 20.
Evans is due in court today on an unrelated charge of violating a city noise ordinance.
I watched and I didn't view her making the distinction as biased. Cheek is presenting himself as an Independent and she has previously noted that Nifong is a Dem.
What did Ken's email say and what does it have to do with Filan? I missed this whole thing - lots going on around the home front these days, little time to read or post.
I agree with you about Greta and Woody Vann. She should be pointing that out each time he's on.
btt
If the SANE report says there is evidence of rape (which can also be construed as "rough sex", then it occurred before she got to the Duke's house as evidenced by the DNA which they did find...but which does not belong to any of the Duke players.
Where's the freak'n evidence on the Duke Players? Why did this get anywhere? What BIG LIE was given to the jury that indicted them?
maggief's post 1381 describes the reading of it on the Abrams Report. That post also has a link to his post of his e-mail on here.
I would imagine he was not very well liked in Johnston County.
I almost choked when one of these bozos (I think it was Hammer) said something about "When he looked into the victims's eyes he believed her".
My money says when he looked into the false accuser's eyes, she couldn't focus. It's more likely her two eyes were aiming in different directions.
About Business Leader Magazine: Helping Triangle Businesses Grow Since 1989
About Business Leader
Founded in 1989, Business Leader is a monthly magazine dedicated to helping the businesses in the Research Triangle Region of North Carolina grow. We do this by showcasing area companies and allowing them to tell their story and share their expertise in a positive and trusted editorial environment.
Our mission is to serve the business community by providing our readers with high quality, informative editorial which inspires, educates, entertains and enhances the spirit of camaraderie within the business community.
Our purpose is to provide our advertisers a conduit in which they are proud to be seen and an audience composed of the leaders and decisions makers responsible for the vitality of their business and the community as a whole.
Here is the link to the Hall of Fame page:
The Business Leader Hall of Fame
Among those profiled:
John Merrick, A.M. Moore, C.C. Spaulding
John Merrick (1859-1919) A.M. Moore (1863-1923) C.C. Spaulding (1874-1952)
During their heyday, John Merrick, A.M. Moore and C.C. Spaulding were known about the region as "the Triumvirate" or "the Triangle." Each man's individual success was noteworthy, but together they became local legends.
John Merrick was the son of a former slave and a white man, A.M. Moore came from a well-known mulatto family of black, white and Indian descent, and C.C. Spaulding's family had been one of the better-off free black families of the area. Their early lives were hard, but they each overcame adversity to achieve prominence and prosperity unequaled even by most of the white population of the time.....
[snip]
...The triumvirate had become very wealthy men, and they pumped much of their wealth back into the community.
Merrick was one of the original investors in Mechanics & Farmers Bank, and was made its first president. Spaulding also served as president of Mechanics and Farmers as well as N.C. Mutual and other companies.
The three together founded Merrick-Moore-Spaulding Real Estate, which financed much of the growth of black Durham in the early 20th Century. Spaulding eventually consulted for the Franklin Roosevelt administration on race relations and even turned down an appointment as minister to Liberia.
George Watts Hill: Hall of Fame Inductees - November 2001 Feature Story: Business Leader Magazine
Born: October 27, 1901
Died: January 20, 1993
Energetic, committed, intelligent, gracious, generous, shrewd, and benevolent are his descriptors. Central Carolina Bank, Research Triangle Park, Research Triangle Institute, Blue Cross/Blue Shield, Durham Regional Hospital, N.C. School of Science & Math, Durham Academy, and the Hill Learning Development Center are his legacy.
George Watts Hill Sr. was born into wealth in New York City on October 27, 1901, but his family's roots were in Durham. He moved to Durham when his father, John Sprunt Hill, founded Durham Loan and Trust in 1903. He graduated from Durham Public Schools in 1917 and from the University of North Carolina at Chapel Hill in 1922 with at B.S. in Commerce. After just two years at UNC's law school, he passed the North Carolina bar examination 1924. Later that same year, he married and went on a honeymoon around the world. The trip was the combination of gift and an assignment from his grandfather George W. Watts who had made several generous donations to Presbyterian missions and he wanted his grandson to experience how his donations were being utilized first hand. ....
[end excerpt]
Another interesting site...many profiles of familiar names
NC Business Hall of Fame -- Laureates
The SBI crime lab analyzed the evidence as part of an effort that began in 2004 to re-examine unsolved crimes in which no suspects were identified; scientists try to match physical evidence with the DNA of felons.
Our case has Crystal's identification.
However, if the motion to suprees wins the day, then the case should be tossed because there is not DNA match -- well, at least not to the three players (or anyone else on the DukeLAX team).
That link didn't work try this one.
http://www.newsobserver.com/1185/story/455086.html
I haven't read it, vut I can't wait to learn how he was found guilty and his roomate's charge was dismissed on the same evidence.
That link didn't work try this one.
http://www.newsobserver.com/1185/story/455086.html
I haven't read it, but I can't wait to learn how he was found guilty and his roomate's charge was dismissed on the same evidence.
Does anyone know who the judge was?
This stinks.................
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