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
This stuff is unbelievable.
Nifong doesn't know where the Rape kit is located?
somehow Nifong managed to say "Bunnyhole" without smirking.
Who knows where they come up with it. That's why this scrutiny is so necessary. Our attorney asked to have the case moved from a judge his office had a "history" with. We got another judge for the preliminary. I don't know what the defense can do in NC, as this is so bizzarre in terms of what the defense can have access to. We were able to depose -- in NC they can't even look at the police interviews.
One thing is troubling me and I can't remember it clearly.
Did LIEfong say that Gottlieb, Himan, and himself met with CGM but it wasn't related to the case, therefore there are no notes of this conversation???
Did I hear that correctly? If so, that is absurd on its face. All three of them need to be put under oath.
Nifong says that's attorney work product and therefore priveleged. I think.
I would love to see that work.
My take is that Cheshire will be paid back in court for being so vocal. Who cares about his client?
"They don't want to mess with me"
We might have seen a bit of what he meant. Cheshire was slapped down each time he opened his mouth, even before he finished a sentence.
Did we ever hear what Nifong's threat was that was alluded to last week? I heard Nifong had an outburst last week in front of the newsreporters....have not read about it.
Nancy Grace saying AV inconsistancies to be expected
What??? Attorney work product??? This is a criminal investigation, not contract review.
Greta might be right when she wondered if Nifong is insane or evil.
Christ! Karas just "explained" away Crystal's inconsistency about being raped by 20 guys. Karas suggests that police "got it wrong" and that Crystal meant that there were 20 guys in the room when she was performing.
This is reporting???
Nancy mentioning the DNA "under" the nail with Beth.
LIEfong is representing the state, not CGM, but I suppose the argument could be made. However, this privilege certainly does not extend to Himan and Gottlieb.
IS THIS WHY GOTTLIEB'S NOTES ARE STILL MISSING?
Next we will hear him claim "Executive Priviledge"
I guess if he has killed someone it would have been reduced to $25,000... :-)
NGB over to another case. She couldn't wait to get off this one. She's tranked...
First time I've heard NGB refer to AV as "alleged victim".
My summary:
So far nothing really new.
Nifong has no tox report.
The SANE report is not going to change.
AV was not tested or treated at Duke Access.
Defense will get AV's cellphone data.
Bond dropped to 100K for Seligmann.
Nifong still has no case....
None of the networks really wanted to cover this today. What was it, just Court TV and MSNBC?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.