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
Susannah Medows commenting on CTV. Also former NC AG Rufus something.
Meadows referring to Nifong's meltdown a few weeks ago. When is someone who saw this going to report on it?
The fool Bourlon made a ludicrous statement in that Duke knew of the guilt and that's why Duke threw them overboard.
This totally discounts the socio-polital environment in Durham and at Duke. It discounts the polictically correct nature of the pressure that was building on people that believe that their PC beliefs set them apart from neanderthals.
The accusations in the case were consistent with the worldview of the Media, the City, the University.
I was under the impression that it would stay under Stephens.
I'll defer to someone more knowledgeable than myself on this one, however.
Rufus Edmisten commenting now on confrontational air of case. Gotten "out of hand." D'OH!! Oh Jeez. Ford saying, "can't we all get along." Gag me with a spoon...
Of course, since it will most likely be moved out of Durham County (assuming it isn't tossed out soon) it could be anyone.
Talking about how Nifong can turn loose. These lawyers make me sick...
Talking with Karas about timetable for trial. Karas thinking August for arraignment.
Karas of CTV expects the arraignment in August.
The hearing is "minutes away" per Ford.
Rufus somebody,former AG of NC said if he was the DA, he would be beating down AG's door to get someone to take the case because of the animosity.
QUite diplomatic
Talking about Nifong/Meadows email. Meadows says Nifong was snippy. They're bashing Nifong now. He screwed up with that email. Made enemies of the DBM.
"Karas of CTV expects the arraignment in August."
Arraignment for WHAT???
THERE IS NO CASE!!
All of the rest is just legal mumbo-jumbo to keep the lawyers/judges in Durham from losing face and appearing as the incompotent boobs they are.
STOP THE LYNCHING!
That should be the sole concern of any judge in Durham
who has any honor left.
He's right. It's evidence Broadhead is not fit to be president of Duke University.
When these cable clowns aren't misrepresenting the facts, they just invent some of their own. They don't care about the truth. Or that real people's lives are at stake here. When this case is over they will just move on to the next one.
wral.com will carry hearing. Link on page..should becomeactivelink when hearing starts.
http://www.wral.com/dukelacrosse/index.html
Stephens has said before that he won't rule on things that might come in front of the trial judge and now CTV is saying Stephens is a circuit judge and it could come in front of him at a later date. My question is, when will it be assigned?
BTW, I don't look for Stephens to rule anything in favor of the defense.
Damned good thing, my satellite is going in & out-
I would be one mad mama if I could not see it.
Thanks, starting to pour over here.
Rufus says he used to tell his staff to "muzzle me" when he talked too much. Lol. Nifong's peed in his Cherios on that one. Too late...
May have been mentioned, not only has AV not talked to parents, but they have not seen (or heard from? I forget) the grandkids for 3 weeks.
They say they are very worried
This from Newsweek babe-Meadows.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.