DA plans to turn over more papers in lacrosse case (DukeLax)

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.

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.

Thanks for the thread abb.

Copying news from old thread:

To: All; abb; JLS; Protect the Bill of Rights; maggief

JUDGE STEPENS IN AUTO ACCIDENT

By John Stevenson, The Herald-Sun
June 21, 2006 9:08 pm

DURHAM -- Veronica Nunez drove to the Durham County courthouse with one traffic ticket Wednesday and left with three -- but not before she entered an off-limits parking lot and encountered a judge bumper-to-bumper rather than face-to-face.

Fate must have conspired against her, said Sheriff's Sgt. Stokes Barnes, who investigated the unusual chain of events.

Here's what happened:

Nunez, 25, went to court in response to an earlier charge of driving without a license. When she got there, she parked in a lot reserved for law-enforcement vehicles.

Nunez soon realized her mistake and started to back out. But her timing couldn't have been worse, Barnes said.

Superior Court Judge Ron Stephens was driving into the parking lot at the same time.

Witnesses said Stephens blew his horn and tried to take evasive action, but it didn't work. Nunez struck the judge's Dodge van and caused damage Barnes estimated at $1,000 to $1,500.

Because Nunez didn't speak sufficient English, an interpreter was called to help with the investigation.

"She was apologetic and told us she was sorry," Barnes said.

There was a moral to the story, he added: "If you go to court for having no license, it's best not to drive yourself there. It's also best not to park in a restricted lot. If you run into a judge on top of all that, it just ain't your day."

The sergeant gave Nunez another ticket for driving without a license and also a citation for "improper backing."

http://www.heraldsun.com/durham/4-746378.html

513 posted on 06/22/2006 12:30:04 AM CDT by Mike Nifong (Somebody Stop Me !)
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To: abb; JLS; Protect the Bill of Rights; maggief; Peach; GAgal; ladyjane; pepperhead; Ken H; All

!!!!!!!!!!!!!! POLICE CHIEF CHALMERS DAUGHTER ARRESTED !!!!!!

Chief's daughter charged in assault

The Herald-Sun
June 21, 2006 10:04 pm

DURHAM -- Stefanie W. Chalmers was released from the Durham County Jail on $10,000 unsecured bond Tuesday.

Chalmers, 25, of 108 N. Guthrie Ave., allegedly assaulted a woman with a vehicle on April 28. Police Investigator M. Soucie arrested Chalmers and charged her with assault with a deadly weapon Tuesday. She was released the same day.

Chalmers is the daughter of Durham Police Chief Steve Chalmers.

While Chalmers originally said he would "have no comment on this matter," he authorized police spokeswoman Kammie Michael to issue a statement to The Herald-Sun confirming that Stefanie Chalmers is his daughter and that her arrest "is a personal family matter and will be handled as such."

Charges allege 2 officers struck

A 47-year-old man was arrested Wednesday on charges that he assaulted two police officers last month, according to warrants.

Kenneth Brockington, of 1212 Park Ave., was charged with two counts of assault on a government official after he allegedly held Sgt. A.Z. Jaynes down and punched him and allegedly hit Officer K. J. Robinson with his fists.

Brockington also was charged with possession of crack cocaine, possession of drug paraphernalia and resisting a public officer, warrants state.

Magistrate Chet Dobies wrote that Brockington "has [a] long court history and attitude problems," when setting bond at $6,000.

Brockington is scheduled to appear today in Durham County District Court.

Charges filed in 3 women's assaults

Police arrested a Durham man accused of assaulting three women in the past three months, according to warrants.

Derrick Lamont Bowling, 30, of 1214 Eva St., allegedly attacked two women on April 2, warrants state. According to warrants, Bowling allegedly grabbed one woman by her face "busting her lower lip, pulling a wad of hair from her head," and pushed another woman to the floor.

On June 7, Bowling allegedly assaulted another woman by hitting her in the face, warrants state.

Bowling was released on $6,000 bond and is scheduled to appear today in Durham County District Court.

Man charged with cocaine dealing

A 19-year-old Durham man was charged with dealing cocaine out of a residence in the 2000 block of Crest Street, according to warrants.

Brandon Earl Graham, of 2716 Crest St., was charged with two counts of possession with intent to sell and deliver cocaine, misdemeanor possession of marijuana, possession of drug paraphernalia and maintaining a dwelling for the purpose of selling a controlled substance, warrants state.

Graham also was charged with selling cocaine to a police confidential informant, according to warrants.

Graham was held at the Durham County Jail in lieu of $15,000 bond. He is scheduled to appear today in Durham County District Court.

-- Compiled by staff writer BriAnne Dopart, bdopart@heraldsun.com; 419-6684.

For more information about crime in your neighborhood, visit the Durham Police Department's crime-mapping Web site at www.durhampolice.com/crimemapper.cfm

514 posted on 06/22/2006 12:37:14 AM CDT by Mike Nifong (Somebody Stop Me !)

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