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
NO TOX REPORTS!!
Osborn is a good lawyer.
Strutin' his stuff eh!!!!
We need a mass campaign to denounce North Carolina (sorry Dr. LB). Tourists aren't safe there! Don't go. Money talks. Got to hit NC where it hurts, in the pocketbook. JMHO.
There has GOT to be a way to put pressure on Durham to put an end to this fraud!
The ones who heard her say she was raped, I think.
Nifong looks ticked off at Seligman's attorney and is frowning. Big time.
Osborn: In 6/93, AV reported a rape and we want those medical records from when she went to Duke at that time too.
Judge: I'll sign order to that affect for an in camera review.
Nifong: I'm not sure they exist.
Osbon: She makes a claim she went there.
Judge: If records exist, bring them to the court for in camera review.
Osbon: Want me to draft an order about this?
Judge: Yes.
Osbon: One side issue, materials seized from client's room, paper in attempting to finish exam and don't have relevancy to this case. Can he get those back.
Nifong: Maybe something relevant to case but we'll get copies.
Osbon: We want toxicology reports? There are none?
Nifong: That's right.
Osbon: You signed records for military records of AV and 2 sets have arrived; we'd like to review them. I know they're complicated and might take an expert to review.
I've been told by an expert they are hard to decipher.
Judge: Those records are still in chambers in camera review and I haven't made determination whether subject to discovery.
Osbon: We've subpoenaed her pay records, military records, medical records...
Orders pursuant to your rulings -- have they been executed?
Judge: No.
That was hilarious. He was still stumbling over Osborn's 1993 bogus allegation bombshell. Crystal WILL be asked about this since it was in Hinman's case notes. HUGE.
Incomplete SANE, No Tox Report, no notes -- yeah, this is worthy of financially ruining the lives of all the families involved up to and including an appeal. I'm going to be sick.
Stephens was all "uh, but, uh" about it.
Maybe the defense has a mole
the proper term is "HUGH"
What is wrong about ASKING the police who did so to report to the chief/city manager/Nifong....whoEVER is in charge.
Nifong isn't smiling now.
Bond reduction up
Judge looks stooopid, has not seen them, but they had been served.
You are a treasure! :)
Request for bond reduction now...judge reviewing something and no one is talking in the courtroom.
Nifong not smiling no more...
You can't be series!
They left for commercial and now I have to go; sorry!
I'll check in later to see what happened but I'm running late for meeting a friend.
Did Nifong look a little pressured after Osborne finished speaking with him???
Please don't say it was my imagination...
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