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DA plans to turn over more papers in lacrosse case (DukeLax)
The Herald-Sun ^ | June 22, 2006 | John Stevenson

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


TOPICS: Chit/Chat; Local News
KEYWORDS: duke; dukelax; durham; lacrosse; nifong
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To: abb; All

I was just watching this moron John Bourlon (sp?) on Fox News. He sounds like a puppet for Nifong. Who is this idiot? The title on the screen says he is a defense attorney, but he was there defending Nifong sans Kool-Aid.


141 posted on 06/22/2006 10:31:27 AM PDT by TommyDale (Stop the Nifongery!)
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To: JLS
He is wrong.

It was John Bourlon that said it. This guy just exudes sleaze.

142 posted on 06/22/2006 10:32:23 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead

Here ya go...

http://www.newsmeat.com/fec/bystate_detail.php?st=&zip=27701&last=Bourlon&first=John


143 posted on 06/22/2006 10:33:59 AM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: Mad-Margaret
Why did Duke hang these students out to dry and suspend the LAX program? There is evidence here of something."

I am not able to watch TV right now, but clearly this is one more way Brodhead screwed up. He allowed this moron to go on tv and use Brodhead's actions against Duke student.
144 posted on 06/22/2006 10:35:03 AM PDT by JLS
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To: TommyDale
I guess John Bourlon is thinking of earning brownie points for his future clients.
145 posted on 06/22/2006 10:35:19 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead

He may be worried that his name is on the accuser's "client" list.


146 posted on 06/22/2006 10:36:45 AM PDT by TommyDale (Stop the Nifongery!)
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To: abb

Edwards for president...... LOL


147 posted on 06/22/2006 10:37:23 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: abb

Thanks for that link. Now we know that the moron Bourlon is a hippie liberal contributor to John Edwards and even Gantt for Senate back when he ran against Jesse Helms!


148 posted on 06/22/2006 10:38:52 AM PDT by TommyDale (Stop the Nifongery!)
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To: pepperhead
I'm awfully afraid that when Governor Easley uses up his term limit, North Carolina will elect John Edwards as Governor which he will then use as a springboard for his next run as Pres. I'll bet Edwards will try it anyway.
149 posted on 06/22/2006 10:40:10 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

Maybe he will struck by lightning before that, and his hair will be burned off. Hey -- I can hope, right?


150 posted on 06/22/2006 10:42:30 AM PDT by TommyDale (Stop the Nifongery!)
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To: TommyDale
He's working this phony baloney job at UNC his buddies cooked up for him.

http://www.law.unc.edu/FSDetails.aspx?ID=102

The hypocrite bought a huge estate outside of Chapel Hill for millions of dollars. As someone else pointed out, maybe he could have used some of that money to buy a coat for that little girl he kept moaning about during the last election.

Note that Edwards and Nifong were nearly classmates at UNC Law.
151 posted on 06/22/2006 10:49:10 AM PDT by Locomotive Breath (In the shuffling madness)
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To: pepperhead

In one of his interviews Bourlon estimated he'd handled over 1000 cases with his friend Nifong. I think he mainly deals with DUIs in traffic court.


152 posted on 06/22/2006 10:51:20 AM PDT by GAgal
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To: Locomotive Breath

And ex-Clintonite Erskine Bowles, after twice running and losing senator bids, was appointed head of the NC University System.


153 posted on 06/22/2006 10:53:49 AM PDT by GAgal
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To: GAgal

Bourlon is a "type specimen" of the CourtHouse Crowd species...


154 posted on 06/22/2006 10:54:02 AM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: abb

Duke up on CourtTV now...


155 posted on 06/22/2006 11:01:24 AM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: GAgal

His appearance is one that makes you want to go take a shower after seeing him. Know what I mean? ;-)


156 posted on 06/22/2006 11:01:48 AM PDT by TommyDale (Stop the Nifongery!)
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To: abb

It is? They're covering the Barber murder where I am. That reporter (now and anchorette) with the glasses is on.


157 posted on 06/22/2006 11:05:38 AM PDT by Mad-Margaret
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To: TommyDale

Nifong turning over 536 pages, per interview on Fox news


158 posted on 06/22/2006 11:05:46 AM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: TommyDale

Looks like an ambulance chaser, who earned his law degree from ... *drum roll* ... NCCU.


http://www.bourlonanddavis.com/


159 posted on 06/22/2006 11:08:38 AM PDT by maggief (and the dessert cart rolls on ...)
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To: maggief

How do you do that?!!!


160 posted on 06/22/2006 11:12:13 AM PDT by TommyDale (Stop the Nifongery!)
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