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
LOL!
Must be it. I didn't think those were "Scuse Me's" kids. I think someone said none of the kids were his. I had thought someone said she got pregnant at least once while in the navy.
No, Nifong wouldn't do a thing like that. (/sarcasm)
The guy appears to be a model deadbeat dad.
I wonder if this is another woman and kids that he in trouble with.
http://www.herald-sun.com/opinion/hsedits/56-748994.html
Nifong's critics have questioned everything from his character to his legal savvy. We think that the 25-year veteran of the prosecutor's office must have some evidence, or he would have dropped the case long ago. Since Nifong seems determined to have a trial, let's get on with it, preferably before November. It's time to lay the cards on the table.
If he has evidence, surely he must have passed it on to the defense? If Nifong has abided with the statutes, and given that the defense has shared everything with Abrams - we see another exampe of editorial writers whistling in the dark.
Intense national media scrutiny has been fed by attorneys' efforts to try the case before reporters and pundits instead of a judge and jury.
That's because the DA made a public spectacle of the case by playing the race card against the players, making deliberately misleading statements about his own evidence, and refusing to see exculpatory evidence from the defense.
Defense attorneys have released a stream of damaging evidence -- although there is much they do not divulge -- that seems to undercut the prosecution's case and leads many to question Nifong's judgment.
Most of that damaging evidence is from Nifong's own files, idiot.
Nifong, who won a convincing victory at the polls in May,
Oh really--
Mike Nifong- 11,168 45%
Freda Black- 10,269 42%
Keith Bishop-- 3,288 13%
And we hate to imagine the fallout if the lacrosse case winds up being decided by an election instead of in court.
Guess what. Your DA already set the precedent in the May 2 primary. The DA is an elective office. Apparently, one of the only checks on a rogue prosecutor in NC is the ballot box. Shame on you for your contempt for the democratic process.
Duke and Durham need to learn lessons from this incident and decide how to make positive changes.
Lessons will be learned all right-- just not the lessons you probably had in mind.
We think that the 25-year veteran of the prosecutor's office must have some evidence, or he would have dropped the case long ago.
BWAHAHAHA! Keep reciting that mantra, kool-aid boy.
Good Catch. All these people are going to be sitting in jail until they make statements that will benefit Nifong.
Curiously, Matt Murchison's trial, he had on the same day as the last hearing the Lacrosse's players' had, was postponed
(which is unusual in N.C.):
It's now one week later than Noel Rochelle Murchison. Matt Murchison was arrested around the time this whole thing broke - maybe Rochelle's trial is one week ahead of his, so he has a week to change his mind and cooperate and get favorable terms. Matt Murchison was supposed to go to trial before Rochelle.
District and Superior Courts of DURHAM County
District MURCHISON,MATTHEW 12/17/1967
District MURCHISON,ROCHELLE,NOEL 04/20/1978
"Guess who is sitting in the Durham County Jail?
MCNEIL, KENNETH, NATHANIEL
One must wonder if the DA is applying pressure on McNeil to give testimony in support of the accuser. Another cab driver/Kim Roberts Pittman pressure play?
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That's exactly what's happening. Sometime in March, Matt Murchison (Boyfriend) was arrested also. Sometime in May,
another Murchison (Noel Rochelle) was arrested.
This has the trademarks of an out-of-control prosecutor. Everyone is getting prosecuted, unless they're in a position to be credible (in Nifong's mind) witness like Kim.
The Ex-husband is in Jail. Her Boyfried has a trial date and with his EX-Con status, he may be sitting in jail too.
Think about it, one benefit of all these people in jail - they can't do interviews or sell their stories (stories that would hurt Crystal). And if they could, they've been effectively discredited. Selling your story from Jail- not real believable.
What a nice bunch of people!
Of course they are not as bad as the "swaggering" college student on the lacrosse team!
Yeah,
They are leaning on her EX-HUSBAND BIG-TIME.
Here's more charges against him:
Offense Code Description Statute
5418 Traffic DWLR 20-28(A)
4440 Infraction EXPIRED/NO INSPECTION STICKER
and I see another WORTHLESS CHECK Charge.
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Coincidentially, the Driving With License Revoked (DWLR) is the same reason Crystal's boyfriend (Murchison) was arrested. Probably after they questioned him.
AND ** They also charged (throwing the book at him) her EX with a worthless check violation too --- Sounds like Investigation Linwood Wilson?
I guarantee some of these charges are old - like the Protective order he violated. I bet they're old offenses, so one has to ask, if so, why are they enforcing them now?
Fido969,
In Durham they could serve these warrants or pick up people on these old charges forever and a day. What was it 35,000 unserved warrants in Durham according to the Police Dept itself (probably more - considering the source).
So, why is everyone around the AV getting arrested now?
Did her ex-Hubbie (who doesn't get out of Durham much), call the Herald Sun and offer them a story for $$. Did they decline and did the Police find out from the reporter or source?
Of course, if Ex-hubbie and Current Boyfriend (and a relative of his) asked for a lawyer when Nifong and Investigators, in other words, they were non-cooperative - it's an easy way to discredit them by throwing them in jail.
An old trick.
Certainly explains why ex hasn't given any more interviews.
I would love to know what that reporter found out about av and did not print.
More importantly, I wonder if the either the local or national media (H&C, Abrams) have any idea these people have been picked up? I bet they could find the dates of some of these charges.
If someone connected the dots on this issue alone, Nifong might have lots of 'splanin to do.
Kim got her little sweetheart deal don't forget.
Mmmm...can someone be forced to testify with the threat of jail hanging over them. Maybe an alleged victim in a false rape case? Maybe AV backing out is not an option.
It's worse than that. Someone is arresting everyone down the line. Someone really cares a lot about this case.
Another one bites the dust. Freep Mail me.
Court records show the divorce became final after she gave birth. She continued her relationship with the sailor, and the two had a second child. Soon after, the couple parted ways. In 2003, the children's father was ordered by a Durham court to have a portion of his paycheck, about $400 a month, withheld for child support, court records show. He was also ordered to pay more than $2,700 in public assistance to the children.
The ex-husband wasn't on the hook for that. And he is 18 years older than Crystal. I don't think his current problems involve Crystal -- at least not directly. It's probably his failure to support children from another woman that have him in jail.
Well, one pertinent thing from her ex-hubbie McNeil - he told the News and Observer that he saw her AFTER the alleged attack/gang-rape.
He may have information that Nifong wants or Nifong wants to make sure the guy is discredited.
OMG!!
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