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

[Sacajaweau]

There's such a thing as overkill and this looks like it. I have a feeling that NiFong will not get the black votes he anticipates when the time comes.

It's not about the money....means it's all about money. This would be a civil suit and they're pretty easy to win......especially in Durham.

[Locomotive Breath]

Two DA grads eager to play lacrosse at Duke

Sort of OT from proud papa:

I saw "Hutch" play four times this year as my son's H.S. team played DA three times and then both my son and Hutch were invited to play in the "Great 38" NC All Star game after the season was over. He's a great player and fast fast fast. I admire him for sticking with Duke. In the end I'm betting he won't regret it.

We split our regular season games with DA and then played them in the first round of the playoffs. We lost 14-15 but my son had 8 goals and 3 assists. Heck of a way to finish a H.S. career.

[abb]

Pinging DukeLax List
Some new postings today elsewhere...

Narvey defends Duke image
http://www.portagedailygraphic.com/story.php?id=240240

Duke lacrosse: Prof misrepresents Coach K
http://johninnorthcarolina.blogspot.com/

Shameless
http://hnn.us/blogs/entries/27726.html

Polygraph tests and the Duke rape case
http://moderntribalist.blogspot.com/2006/07/polygraph-tests-and-duke-rape-case.html

Duke President Brodhead: Undo Your Bonehead Blunder
http://www.michnews.com/artman/publish/article_13328.shtml

[Jrabbit]

Thanks....:-)

[Protect the Bill of Rights]

A little more on Pittman.
Disclaimer: he may or may not be related to the illustrious Kim Robert Rittman aka "Nikki" but they come from similar backgrounds.

One would think after this incident the not too bright Mr. Pittman would have learned a lesson.

---

DURHAM -- A 25-year-old man was in serious condition late Monday after he was shot in the chest during an attempted robbery outside his North Roxboro Street home, police said.

Kenneth Pittman of 1104 N. Roxboro St. was found lying on his front porch about 6 p.m. with a gunshot wound just below his sternum, police said. Witnesses said two men walked up to the porch, demanded money from Pittman and shot him. They ran away before police arrived.

Pittman was unconscious when he was loaded into an ambulance and taken to Durham Regional Hospital. He was still undergoing emergency surgery late Monday.

Capt. E.E. Sarvis said investigators have leads in the case but had made no arrests Monday night. He said Pittman may have known his assailants.

Copyright 1994 by The News & Observer Pub. Co.
Record Number: RNOB191398
=======
Robbery attempt or drug related?

[Protect the Bill of Rights]

Kim Robert Rittman
(You guys know who I mean, LOL!)

[TommyDale]

Pimp related?

[NCjim]

Two more...

Duke University Selling Houses Near Campus http://www.wral.com/news/9470994/detail.html

Four Shot Just Northeast Of Downtown Durham http://www.wral.com/news/9473497/detail.html

[TommyDale]

Four shot? Durham just doesn't have time to investigate such minor crimes. They must go after rich white Duke students for future financial gain!

[sissyjane]

Future financial gain to be determined after Bob Bennett has his day in court....

[Ken H]

H&C teaser-- new contradiction in accuser's story.

[sissyjane]

I'll go watch, Thanks!!

[Protect the Bill of Rights]

http://www.co.durham.nc.us/

Durham County Website.

Can you get in? (or is it on my end?)

[old and cranky]

H&C are a little behind, this is stuff we already knew....

[I want to know]

I know I'm not sissyjane but I haven't been able to access the Durham County website all evening.

[Protect the Bill of Rights]

Thanks, that's all I needed to know.

OT: may be a repeat but Southpark is taking on AARP! It is hilarious.

[Ken H]

H&C: Megyn Kendall and Mark Furman are the panelists. Furman hits the grand jury aspect of the case. Says something about "When we know what Nifong presented to the grand jury..."

Is the defense entitled to know what was presented to the GJ?

[sissyjane]

'Scuse Me?

[sissyjane]

I don't think so, but you might address that to one of the lawyers here.

[Protect the Bill of Rights]

That's okay...someone answered above Durham website is down.
Wonder if we have been pulling too many records, LOL!