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
Another to jump ship from Nifong's corner to Cheeks
http://www.ncgov.com/asp/subpages/news_release_view.asp?nrid=1149
Easley Appoints Leary To Durham Technical Community College Board
Raleigh - Gov. Mike Easley has appointed Roland Leary of Durham to the Durham Technical Community College board of trustees.
Leary is the former sheriff of Durham County. He is currently a member of the N.C. Judicial Standards Commission and a member of several law enforcement associations including the N.C. Law Enforcement Officers Association, the N.C. Alcohol Beverage Control Law Enforcement Association and the State of North Carolina Sheriff’s Association. Leary received the Order of the Long Leaf Pine, the highest award given to a civilian, in June 2000. He received his associate’s degree from Durham Technical Community College and attended North Carolina Central University in 1979 and 1980.
The duties of the board are: to elect a president to the institution; to employ all other personnel to the community college; to purchase land that is necessary for the operation of the college; to apply standards for admission and graduation; to receive and accept donations given to the community college; and to provide all or part of the instructional services for the institution. There are 12 members on the board, each serving a four-year term. The governor appoints four members.
I think that is highly likely.
Both dancers got deals no one can explain. And how did Crystal afford Woody Vann? It doesn't add up.
What did she report 1,500 dollars a year income or something.
thanks
Carolyn P. Titus
Deputy County Manager
Did someone post this?
Why did Crystal call Woody Vann when she did? Why did she feel the sudden need of a "deal maker" CRIMINAL attorney, if she had been a rape victim?
TD, there is nothing from the FA/DA side of this case that makes sense. The FA and her witness were lawyering up as fast or faster than the lacrosse players.
What makes sense is that this is staged to avoid prosecution for prostitution, drug possession and public intoxication and trying to keep custody of the children, not to mention "get Whitey".
Oh I think we can all imagine how Mangum got money to pay Woody, if there was not just a trade of services.
Just when things can't get any worse for Duke (PR-wise):
http://www.wral.com/news/9431635/detail.html
DURHAM, N.C. -- Joe Alleva, athletic director for Duke University, and his son were involved in a boating accident Friday night. Authorities have charged Alleva's son, Joseph David (J.D.) Alleva, in the incident.
Authorities said the boat carrying Alleva and his 27-year-old son was driving too fast in a no-wake zone on Hyco Lake in Person County when it struck a group of rocks. Joe Alleva was treated at Person Memorial Hospital for a head injury which required 42 stitches.
At the time of the incident, authorities said Joseph David Alleva refused a Breathalyzer test. Joseph David Alleva was later charged with operating a motorboat while impaired.
[excerpt]
He must have Okayed the firing of the Lacrosse coach, so perhaps this is a way of showing, what goes around, comes around.
Damned straight :-)
HAMMER: Here's what I suspect, Greta.
VAN SUSTEREN: ...they ought to be tried and convicted but I'm saying — all right, go ahead.
HAMMER: Here's what I suspect. Here's what I suspect. None of us has looked this woman in the eye. This guy has, Greta, and that's not enough I'll tell you but I've looked victims in the eye and although they've made prior inconsistent statements because they were under the influence of something or frightened or recanting, I've looked a person in the eye and said "I believe this person." I would not prosecute a case unless I did.
VAN SUSTEREN: Except, OK, except for one thing.
HAMMER: I'm believing...
VAN SUSTEREN: I agree.
HAMMER: ...Nifong believes the woman.
VAN SUSTEREN: All right, I agree if you have any corroborating physical evidence, none. The medical reports don't back her up, none. The corroborating witness, no. You don't have that.
HAMMER: Greta, sometimes you don't have corroboration because people commit good crimes.
http://www.foxnews.com/story/0,2933,201212,00.html
The problem is that Greta asks too many dumb questions on the Duke case. It gives people like Hammer the opportunity to tak inanities. She has done no real reporting on this case and therefore has nothing to add. Abrams has scooped FOX and everybody else big time. It will take some real digging and a strong viewpoint to get FOX back in the mix. Background pieces on Nifong's investigators would be a good place to start given some of the information surfaced on Wilson and the bad check scam. This stinks to high heaven - especially given some of the bellyaching over a lack of resources for the DPD. Even better would be an expose on the Durham COurt system.
The problem is that Greta asks too many dumb questions on the Duke case. It gives people like Hammer the opportunity to tak inanities. She has done no real reporting on this case and therefore has nothing to add. Abrams has scooped FOX and everybody else big time. It will take some real digging and a strong viewpoint to get FOX back in the mix. Background pieces on Nifong's investigators would be a good place to start given some of the information surfaced on Wilson and the bad check scam. This stinks to high heaven - especially given some of the bellyaching over a lack of resources for the DPD. Even better would be an expose on the Durham COurt system.
Actually Hannity has had some scoops too. The problem the last week or so is that Hannity has been gone. Also I think that since the lefties hate FNC so much the defense does not want to be linked to FNC.
Crystal also managed to pay $4,200 in court fees and restitution for her joyride.
Travis believed her too......
Let me clarify my last post:
It seems that daddy did not know his dd's "profession"....
I think CGM got her amazing recall from Travis.
No surprise here:
http://www.freerepublic.com/focus/f-news/1656495/posts
Ailes 'Fuming' at Fox News Channel
Newsmax.com ^
Posted on 06/27/2006 11:27:22 AM CDT by doesnt suffer fools gladly
Ailes 'Fuming' at Fox News Channel
Fox News Chairman Roger Ailes is reportedly "on the warpath” about his network’s recent ratings slide – and has given notice to staffers that he’s willing to clean house, according to a report in Broadcasting & Cable.
The cable news channel’s overall prime-time ratings are off 8 percent in the second quarter of this year, and down 22 percent in viewers ages 25 to 54. The first quarter was also disappointing.
(snip)
Honestly, how many times can Greta play the game, "What else could Nifong have?"
FNC has slipped in REPORTING and INVESTIGATION. Night after night it's the same TH's with their tired agendas rehashing old news and misinformation.
Abrams has outfoxed FOX on this one.
Yes, and with "tax free" income, according to her buddy, Kim Roberts Pittman!
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