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

[abb]

Pinging DukeLax List. New article in Findlaw.com

Why The Defendants In The Duke Lacrosse Rape Case Can - And Should - Sue Durham's District Attorney For Malicious Prosecution If They Are Acquitted
http://writ.news.findlaw.com/commentary/20060630_spilbor.html

[GAgal]

By "known alcoholic" I hope you mean "recovering alcoholic", and that he is no longing drinking .. as this article indicates:

http://www.newsobserver.com/102/story/455030.html

[TommyDale]

Once an alcoholic, always an alcoholic. I'm glad he is recovering. If he falls off the wagon, I'm glad he's a Democrat!

[zaxxon]

"..undernythe the fangernailz..."

[Protect the Bill of Rights]

I had read about his problems with alcohol. Expect it to be a nasty campaign.

Nifong will use anything he can.

[TommyDale]

I don't think it will be much of an issue. He has already discussed it publicly and has been off the booze. If that is all Nifong can campaign on, Cheek will win in a landslide. Actually, I think Cheek may be the favorite now.

[bjc]

How good a DA is Cheek likely to be? I doubt that he will be worse than Nifong.

[TommyDale]

I think Cheek is well respected in the community. I have no idea what kind of DA he would make, or even how good an attorney he may be now. All I can say is he is without a doubt a better choice than Nifong. I wonder what this will do to Governer (W)Easley's image?

[RecallMoran]

Is that Nancy Grace? I only have xm. If it is I totally resent now having THAT mental picture. EWWW.

[abb]

New article

Duke's Krzyzewski Says Party Scandal Could Have Hit Hoops Team
http://www.bloomberg.com/apps/news?pid=20601089&sid=a8a7bxUkP_kc&refer=home

[Ken H]

Player who sent message is reinstated at Duke/ Duke lifts suspension of lacrosse e-mailer/ Text of letter lifting McFayden's suspension/ Duke lifts suspension for `repulsive´ e-mail

______________________________________

2005 Fall ENGLISH 155-01

Course Synopsis of course content

Survey of major works of American fiction written since 1985, with special attention to genre, parody, and the question of postmodernism. Readings likely to include: White Noise, Empire of the Senseless, The Mezzanine, American Psycho, The Joy Luck Club, Mason and Dixon, House of Leaves, Tropic of Orange, Gain, Erasure.

--http://www.aas.duke.edu/reg/synopsis/view.cgi?term=1115&s=01&action=display&subj=ENGLISH&course=155

Maybe one of the Duke alumni here, or those with other Duke connections, should inform Moneta as to what his students are being taught-- larry.moneta@duke.edu

[Ken H]

Sean Hannity says he spoke with one of the players' families and will report on it. I'm listening on XM radio, channel 124.

[Neverforget01]

Thanks so much to all who keep me on the ping list.

Coach K is right--didn't his most recent star graduate get arrested? I noticed he didn't call him "stupid" at the time, but praised JJ's outstanding character. Far cry from what Brodhead did.

[Fido969]

I trust the system and I have faith that the truth will prevail and we will all move forward when this nightmare ends

The system has already failed you, hun. As this drags on it will end up costing you EVERYTHING, and Collin will never completely get his innocence - or trust - back for that matter.

This will permanently scar you and your son. Like it has abused and scarred hundreds of thousands of others.

[Fido969]

That is an excellent analysis.

[zaxxon]

Found this on the net. The pic was titled "Nancy Grace."

.....f'n hilarious.

[Protect the Bill of Rights]

Goslee on Abrams: "They're his parents for Christ's sake."

I kid you not. She was explaining why their interview was worthless.

She can't count, that's for sure. She said she would sum up the interview in one word. I count 6.

[Locomotive Breath]

That's her on a "good hair" day.

[Protect the Bill of Rights]

????
from the article:
"..``There are going to be parties,'' Krzyzewski said during a taping of Conversations with Judy Woodruff. ``At those parties two things are going to happen: They're going to drink and have sexual activity.''

``What can you do so you don't create a situation that produces extreme activity like rape, binge drinking?'' he said. ``That's what we as adults have to figure out.''..

---

These 2 paragraphs have left me puzzled.

[abb]

The KoolAid drinkers will never give it up. They'll go down with the ship...