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

[Mike Nifong]

Fox's In the Lineup Saturday Night w/ Kimberly Guilfoyle:

3 guests ( 2 are Georgia Goslee and Don Clark/ black former FBI agent)

Georgia and Don Clark - no surprise here - both don't see any problems with the AV's descriptions not matching Colin Finnerty. Don Clark disregarded the Polygraph saying they only as valid as the questions posed. Hey Don, do you think the Polygraphere would know more about that than you.

Kimberly Guilfoyle loads the show with people that will the defend the AV. The show is short on facts and reasoning because AV supporters can't provide a reasonable decision to support her - based on facts or evidence.

[JLS]

He readily admits that he has not followed the case that closely and apparently used information sent to him by someone else.

He is suppose to be a professional academic. He should check what he puts out. That excuse might fly for a member of the media. He is not one, unless his book success has convinced him to give up being a professional economist ala Krugman and his column.

[JLS]

Levitt does recognize that all numbers are equally likely. The comments pointed out that you could do what he does based on the first seven out of 46, the last seven out of 46, the middle seven of 46, numbers 14-21 of 46. Similarly it could have been the first 12 or last 12 etc with a slightly higher probability.

[Ken H]

So I would say 10,000 signatures are a big shot across his bow. 20,000 votes might win the general.

Woody Vann seemed to think Meeks had a decent chance of winning. That's quite a few signatures to get on short notice.

The percentage that Meeks ends up with might serve as a guide to the percentage of the jury pool which is not looking to convict the players.

[Locomotive Breath]

Tee hee hee. That's pretty funny. Did you ever "out" yourself? I wouldn't be surprised if they'd have tossed you off the bus and made you walk home.

[Locomotive Breath]

Exactly. And the Reps generally have higher participation rates.

[Locomotive Breath]

Some frat or sorority could just as easily have been the victim of this prosecution. The Greek system might also be a ready-made organization to get out the votes.

[abb]

A couple of editorials this morning...

Put lacrosse case on a faster track
http://www.herald-sun.com/opinion/hsedits/56-748994.html

Let's talk sports
http://www.newsobserver.com/559/story/456646.html

[Locomotive Breath]

In my day and time there was no polling place on campus. I'm not sure about now. I know Durham was trying to discourage Duke students from voting in local elections because they didn't think the transient student population had any right to be interfering in local affairs. I think Mike Nifong has just issued a pretty strong invitation for Duke students to become involved.

[Locomotive Breath]

If Cheek is certified to run, I would now hope that trial not begin until after the start of the new year (Cheek takes office 1 Jan.?) in the presumption that Cheek would have the common sense to drop the charges.

[abb]

Friday on Hannity's radio show, MK said the defense WILL NOT file a motion to dismiss. That tells me they want it to go to trial and quickly. It could be everything has progressed to the point that the defense is now on the offense and is trying to KEEP Nifong from turning loose. Keep him lashed to the mast of the Titanic, so to speak.

What say you to this theory? Or did I just get up too early and doing too much thinking, lol?

[Locomotive Breath]

Well they could be doing that. The players names will never be "cleared". If I were a player, in the selection of possible outcomes, I would choose the following in order of "goodness":

1) Charges dropped (by new DA because Nifong will clearly never do it). This has the advantage of Nifong being repudiated by the electorate and indicates that there never was evidence in the first place.
2) Summary dismissal by Judge due to lack of evidence. Seems unlikely any judge is going to have the 'nads to do this.
3) Innocent after jury trial. This makes it look like Nifong was just "doing his job" and carries the liability that a jury could go haywire and convict,
4) Hung jury which makes it look like there was a credible case and Nifong would try the case a second time and drag the nightmare out even further.

I think the defense strategy is to make it so obvious what Nifong's doing that an adult will step in and put and end to this farce. If the "adult" turns out to be the Durham electorate and a new DA then so much the better.

[abb]

There is a way for their names to be cleared, I think. If Crystial were to go in front of TV cameras and say she made it all up to keep from being committed to drug rehab, etc. And then she admits to the collusion among the DA, police, AA leaders, etc...

[Locomotive Breath]

Well that could happen too. Except that would require her to, you know, like, tell the truth. I don't think she's told the truth about anything in a long long time. She would more likely say that she's standing by her story but she's too scared to testify. That would let her and Nifong off the hook and leave the lax team under a cloud of suspicion forever. But I don't see Nifong and the others in her life (cough, cough, pimp, cough, cough) allowing her to do either.

[Hogeye13]

LB and abb
There are a whole lot of others that will also have to start telling the truth as well. Among them are Kimmy, Nifong, untold numbers of police officers, the city manager, members of Duke U faculty and staff and numerous so-called supporters of the FA. I am sure that I am leaving some out like the talking heads on TV. The falsely accused players deserve a lot of truth telling that hasn't been done yet.

[Locomotive Breath]

Agree. But of the individuals who could unilaterally put an end to it by changing their past lies for the truth, I think we have the short list of Mangum and Nifong.

[maggief]

Yesterday, out of the blue, there was a long post about VAWA funding being approved. VAWA had never been mentioned in the group before, although there had been mention of funding available for their mission.

Could you post a link, please?

[GAgal]

Whoever that commenter was quoted my words exactly in post 1822 on this thread. I wouldn't mind, except that I was wrong. There doesn't seem to be a requirement that the student live in Durham for 30 days before registering to vote. The voter reg. form can be downloaded from the link below and must be:

* Postmarked at least 25 days before the election - Nov. 7.
* Delivered to the local board of elections by 5:00 on the 25th day before the election.

http://www.co.durham.nc.us/departments/cannonball.cfm?ID=2&deptPage=Voter_Registration.cfm

Duke students voting info: http://www.lib.duke.edu/reference/virtual/voting.html#eligibility

[TommyDale]

http://www.govtrack.us/congress/bill.xpd?bill=h109-3402

[Hogeye13]

I agree completely that it is most important that those you mentioned start the process. Even if all parties involved change the stories there will still be some that never accept that the young men are innocent.

The scary part of this whole thing is the thought that these young men might actually have to go to trial with a jury that is in no way representative of their peers.