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DA plans to turn over more papers in lacrosse case (DukeLax)
The Herald-Sun ^ | June 22, 2006 | John Stevenson

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


TOPICS: Chit/Chat; Local News
KEYWORDS: duke; dukelax; durham; lacrosse; nifong
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To: ltc8k6

Great recap


521 posted on 06/22/2006 1:55:51 PM PDT by Neverforget01
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To: pepperhead

Hopeless, hapless, clueless.....NGB and Beth K.

To now be joined by the equally inane Catherine Crier.

~click~


522 posted on 06/22/2006 1:55:59 PM PDT by Jrabbit (Scuse me??)
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To: Constitutions Grandchild

That information should be reviewed in camera. It's for the judge to decide what's work product. Not Nifong. The court shouldn't give him the benefit of doubt.


523 posted on 06/22/2006 1:55:59 PM PDT by Mad-Margaret
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To: ltc8k6

That's about it. CourtHouse Crowd trying to drag it out hoping it will go away, or the defense will get tired of paying money to lawyers and then will settle for something...


524 posted on 06/22/2006 1:56:37 PM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: Mad-Margaret

That's a great point. Stephens should have at least ordered to review the notes. The lack of notes from that conversation is the biggest story from today IMO.


525 posted on 06/22/2006 1:58:03 PM PDT by Carling (It's Danny, Sir)
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To: abb

I wonder what juicy nuggets are in the new discovery?

Beth K. on CTV telling NGB that EVERYONE knows it takes police officers a lengthy amount of time to do reports.....so how long is "lengthy"?


526 posted on 06/22/2006 1:59:52 PM PDT by Jrabbit (Scuse me??)
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To: All

Wonder if Titus deals with Nifong's wife?

http://www.aoc.state.nc.us/www/public/aoc/pr/titus.html

FOR IMMEDIATE RELEASE
January 29, 1999

Contact: Allison Flerl,
Communications Officer

(919) 715-4910
Raleigh -- The Honorable Ken Titus, Chief District Court Judge in Judicial District 14 (Durham County), was awarded the prestigious Commissioner's Award from the Administration on Children, Youth, and Families (ACYF) from the United States Department of Health and Human Services.

Only one individual from each state is selected each year to receive this award, which is presented to those who have made significant contributions to the prevention of child abuse and neglect. Of the 51 award recipients, Judge Titus is one of only two judges to receive the award.

Judge Titus has been on the bench since 1985, and has served as the Chief District Court Judge of Judicial District 14 (Durham County) since 1990. Judge Titus currently serves as Chair of North Carolina's Court Improvement Project a program aimed at improving juvenile court in our state. Through the work of this project, Judge Titus has developed new local court rules that improve the juvenile court process and serve as a model for other judicial districts in the state. Judge Titus has also helped establish a close relationship between the Division of Social Services and the courts in the interest of protecting children and advocating for timely placement for children who are in the foster care system.

"I am honored to be recognized among so many distinguished professionals who are working to improve the overall well-being of children," said Judge Titus. "I am committed to the goals of the North Carolina Court Improvement Project of finding ways to improve the court's service to children and families. We hope the progress we make in Durham can serve as a good model for statewide and even nationwide improvements," continued Judge Titus.

"Judge Titus always makes significant contributions to improving the judiciary, especially in the area of juvenile court," said Chief Justice Burley B. Mitchell, Jr. "His leadership and commitment have led to significant strides toward improving system that serves abused and neglected children."


527 posted on 06/22/2006 2:00:47 PM PDT by maggief (and the dessert cart rolls on ...)
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To: Jrabbit
so how long is "lengthy"?

Apparently longer than 3 months

528 posted on 06/22/2006 2:01:13 PM PDT by Neverforget01
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To: Jrabbit

Why, as long as it takes. They're on the gubmint payroll, after all...


529 posted on 06/22/2006 2:01:28 PM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: Sue Perkick
President Brodhead has weighed every decision in this rapidly-evolving case with the upmost care and concern for all parties involved. He also made it clear in every public statement that the charged students are innocent until proven otherwise.

Oh please. Oscar Mayer couldn't mass produce that much baloney. All he cared about was political correctness & pandering to certain factions in the community. He couldn't throw these boys (as well as the coach) under the bus fast enough. Broadhead will be a dark cloud hanging over Duke University as long as he is president.

I agree. I believe that Broadhead did something similar to this when he was at Yale?

530 posted on 06/22/2006 2:04:55 PM PDT by rawhide
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To: abb

I bet that was Det. Himan sitting next to Nifong, wasn't it? He was slouched forward, wearing no tie, and his sleeves rolled up above his elbow. Just how I pictured him, right down to the "skin head" look.


531 posted on 06/22/2006 2:05:30 PM PDT by GAgal
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To: abb

Don't forget thta Gottlieb was the detective asking a reporter (MSNBC?) about what she saw in the photographs. Remember? It sounded like LE was still trying to find out who attended the party and this wa AFTER the indictments.


532 posted on 06/22/2006 2:05:48 PM PDT by Mad-Margaret
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To: All

This is so disheartening. Hey, LB, want to help me hang a banner across 147 when I come back to town in August: "Welcome to Durham ~ The Disgrace of North Carolina!"?


533 posted on 06/22/2006 2:06:24 PM PDT by Dukie07
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To: abb

Something is fishy.

Earlier Meadows said AV's parents have not seen or heard from her in 3 weeks. They did not know where she is. Nor do they know where the grandkids are...

Didn't they live with Mary & Travis?

Obviously someone is hiding them...Nifong? Is that allowed? She is not under any threat from the players. Was she an informant? It might be one thing for her to go away, but to go away and take the kids?

She cannot just disappear without money, not with 2 children. Someone is supporting her. Why have the parents been told the kids were at least okay?

I think maybe someone should find out where she is. If she is hospitalized, where are the kids? WHo are they with?



534 posted on 06/22/2006 2:07:07 PM PDT by Protect the Bill of Rights
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To: GAgal

Yes, it was Det. Himan.


535 posted on 06/22/2006 2:07:16 PM PDT by I want to know
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To: Dukie07

That would be a great symbolism. For more effect, you should have your student organize a "Boycott Durham" campaign. There are plenty of other places to buy groceries. Take the Duke kid's money away from the local economy and cause some pain.


536 posted on 06/22/2006 2:08:34 PM PDT by Locomotive Breath (In the shuffling madness)
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To: ltc8k6
I might have missed it, but has the second stripper Kim also been charged in the rape? The AV did say, in one of her statements, that Kim helped the guys rape her. And apparently Nifong's only evidence in this case is the AV's guesses as to who raped her. Sure there is sperm DNA, but Nifong has refused to charge the sperm donor.
537 posted on 06/22/2006 2:08:37 PM PDT by Dante3
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To: Locomotive Breath
"If anything, the N&O will be trying to use the medical records to do a sympathy piece on Crystal and blame the whole thing on her bipolar disorder or whatever. Then they'll claim that Nifong didn't know this and, well, no harm no foul, and like that."

Bingo. CGM will still be a victim, albeit of a different type, Nifong just a good hearted guy who made a mistake and the N&O just believing a good, but mislead, man in Nifong.
Wendy and Nancy move onto the next case and don't look back.
538 posted on 06/22/2006 2:08:56 PM PDT by don'tbedenied
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To: Neverforget01
so how long is "lengthy"?

Apparently longer than 3 months

The longer it takes, the easier it is to say you don't recall and have the judge believe you.

539 posted on 06/22/2006 2:09:37 PM PDT by darbymcgill
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To: I want to know

Back from the dead, as I live and breathe. At least we know he's alive for cross-examination at trial.


540 posted on 06/22/2006 2:09:56 PM PDT by Constitutions Grandchild
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