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
Not me...
I'd get indicted and my bail would half a mil....
LOL!
nice blog here:
http://hnn.us/blogs/entries/27446.html
That is one powerful article.
Funny thing is, there are very few journalists I trust.
Two have always been Dan Abrams and John Stossel.
And McFadyen has been reinstated as student and lacrosse player.
http://www.charlotte.com/mld/observer/news/local/14933029.htm
What homes are you referring to?
I thought that happened days ago....
That was Reade, nevermind.
I came into this thread late but Dan Hill is a great guy as I recall. I don't live in Durham but grew up there just up the street from the Hills and was good friends with his sisters. I know he ran for office and is good guy. Never thought of him as old money.
Interesting tv show on now on ABC. It is about another big case in Durham and the DA trying the case was Freda Black who ran against Nifong in the primary. She is a firebrand and doesn't like him a bit.
Thanks for the input. It is good to hear from someone who knows more than I think I do, LOL.
I just finished watching the Primetime Special about Michael Peterson. I did not follow the case and have only a general knowledge about it. I was surprised at my reaction. I saw it through the nifong lense. My view of the prosecution was shaded by what Nifong has done to 3 innocent young men.
It may not be fair, but I every time Hardin or Black opened their mouth, I thought "Liar."
This is what nifong has done for Durham.
I agree. I did not see the special. I have no knowledge of the case except that it was famous enough to be covered widely. I have know idea who Peterson is or what he wrote. But like you, my view now is there is a much much greater chance than before Nifong showed us how corrupt Durham can be. Now maybe much much is from 1% to 10%, but whatever it is, I begin with more doubt about anything that has ever come out of that office.
Looks like the earlier articles were incomplete and Evans' bond was reduced too. Also the hearing on the 3rd of July was postponed until the 17th of July.
http://www.herald-sun.com/durham/4-748763.html
Y'all wanna start a new thread or keep this one?
That's good news, although they should all be out on their own recognizance.
Your choice, just keep me in mind ;-)
Pinging Duke LaxList. Several new news stories this morning.
Player who sent message is reinstated at Duke
http://www.newsobserver.com/122/story/456183.html
DA campaign may be reality
http://www.newsobserver.com/122/story/456196.html
Judge lowers bonds for Finnerty, Evans
http://www.herald-sun.com/durham/4-748763.html
Duke lifts suspension of lacrosse e-mailer
http://www.herald-sun.com/durham/4-748804.html
Text of letter lifting McFayden's suspension
http://www.herald-sun.com/durham/4-748820.html
Chalmers deserves a fair shake
http://www.herald-sun.com/opinion/columnists/mccann/
Duke lifts suspension for `repulsive' e-mail
http://www.charlotte.com/mld/charlotte/news/14935529.htm
Duke Contacts Notre Dame, Hoftstra In Lacrosse Coach Search
http://www.wral.com/news/9450014/detail.html
Maybe the journalists are afraid to, although I haven't seen anybody with N&O who'd be inclined to undertake any serious work. None of the other local and semi-local media reporting on this case seem inclined, either.
Thank you, abb! Lots of catching up to do, and you made it so much easier for me.
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