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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: Protect the Bill of Rights
Did Nifong look a little pressured after Osborne finished speaking with him?

I noticed weird facial tics that were almost continuous, although I can't say it was worse after Osburne spoke with him. I don't remember him having them in tapes from when he was still speaking to the public.

541 posted on 06/22/2006 2:10:48 PM PDT by Ken H
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To: Constitutions Grandchild

He could, like, you know, suffer an "accident" before trial. Either that or die of old age.


542 posted on 06/22/2006 2:10:55 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Jrabbit

That's a farce. The object is to do the report ASAP because of Memory of events. I wished OUR D.A. was here with us. He's terrific!!


543 posted on 06/22/2006 2:11:08 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Protect the Bill of Rights

It's highly possible IMO that the Social Services have the children. I have absolutely no evidence for making this statement, but under the circumstances, it seems logical...for their protection and care.


544 posted on 06/22/2006 2:11:14 PM PDT by Carolinamom
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To: Locomotive Breath

Anybody know about the taxi driver? Has Nifong tried to deport him yet?


545 posted on 06/22/2006 2:12:20 PM PDT by Constitutions Grandchild
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To: Mad-Margaret
These people should be writing for Sci-Fi. Next thing you know they will claim aliens landed & supplied the guys with magic condoms & broomsticks. Their leader had a moustache.

I almost couldn't believe my ears. "Police got it wrong." Karas just twisted that one into an unrecognizable knot. "what she meant..." Their fabrications are as bad as the FA. If you weren't watching it, you would never believe it. Unreal.

546 posted on 06/22/2006 2:12:43 PM PDT by Sue Perkick (...heavy strings, tune low, play hard and floor it. Floor it. That's technical talk....)
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To: Dukie07

The hearing went better than I expected. I thought Judge Stephens' demeanor was vastly improved over last time. He wasn't willing to rule in ways that compelled Nifong to act in good faith, because the judge doesn't yet have evidence that he has been a bad actor.

All in all, I thought this was a good day for the defense. Best of all, Nifong repeatededly "scrubbing" his face and covering his mouth as if determined to keep the inappropriate giggles from escaping this time, was priceless. Maybe Nancy will have another body landuage expert on tonight to analyze just what that indicated.


547 posted on 06/22/2006 2:13:46 PM PDT by GAgal
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To: Sue Perkick

I couldn't agree more! It's jaw dropping.


548 posted on 06/22/2006 2:13:46 PM PDT by Neverforget01
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To: Constitutions Grandchild

Apparently, I'm watching the "wrong" program. Everyone's talking about what's going on Court TV. I'm watching FNC. I'm not sure what happened to your son, but something bad happened to my bf. We're in our mid 40's. One lie is like a pebble dropped into a puddle. The ripples spread out and touch people that you wouldn't even guess that would be affected.

I know that the the Duke case is built on lies, but why the DA is pursuing this, given the fact that that these lies have been exposed, leads me to think that he is protecting someone. The Lacross players are sacrificial goats.

It sounds like your son was saved from being railroaded. Praise the Lord! You are so right that we need to fight the good fight to save innocent people from being run through judicial meatgrinders, and get out the truth. I would be satisfied if the AV would just come clean, and tell the truth. Stop all this now. I don't think she can. Maybe her reality is worse punishment than anything we could dish out to her.


549 posted on 06/22/2006 2:13:46 PM PDT by TheSpottedOwl (If you don't understand the word "Illegal", then the public school system has failed you.)
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To: Carolinamom

Makes sense. Grandparents would not know since they are not legal guardians and God only knows what Crystal might have told them about the household.


550 posted on 06/22/2006 2:13:58 PM PDT by Protect the Bill of Rights
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To: Constitutions Grandchild

Haven't heard any more.


551 posted on 06/22/2006 2:15:26 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Constitutions Grandchild

I believe he has a court date on August 15 of this year.


552 posted on 06/22/2006 2:16:14 PM PDT by I want to know
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To: GAgal; All

Anyone watching the moonbat Durham lawyer on CCs' show? wow

Is he claiming that the AV was actually driving the car??

He's waaaaaaaaaay out there!


553 posted on 06/22/2006 2:20:06 PM PDT by Jrabbit (Scuse me??)
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To: Protect the Bill of Rights

I suppose Crystal is living in a plush hotel. Probably upsets her that she can't hit on the hotel patrons but then too....what she does in the privacy of the room is her own "business".


554 posted on 06/22/2006 2:20:12 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Dante3

Yeah, the strongest evidence looks to be against Kim.

At least as the Common Law Robber of CGM.

I still see no way Nifong can think he has a case here.

I have no idea where he thinks he is going with this....


555 posted on 06/22/2006 2:22:47 PM PDT by ltc8k6
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To: TheSpottedOwl

No, actually he wasn't spared. The State put the case on the back burner for almost two years, allowed exculpatory witnesses to disappear and offered a plea. My son was suspended from school in his Senior Year, went into an alternative school, made straight A's and went on to pursue his football career through back channels. He is in college, doing well, is a wonderful son and was totally innocent. We have spent the 27 months since this happened putting the pieces together. What we know so far is that gambling was probably a factor (it's down to high school games now) and the state championship was on the line. Although he didn't make it to a Division 1 School, and although he is going to finish college, he will have to live with the stigma for the rest of his life. I didn't want any one else's son to be "ruined" by a judicial system that makes bad cases go away through prolonged torture and financial duress on the family. If Durham is going to drag this out, we must keep watch. I will, at least until the news media deprives me of my window into this horror show. That's how the system works -- bad cases never are dropped, they are just prolonged until the family gives up and takes the best deal they can to keep from filing bankruptcy. No detective work is performed -- it's up to the accused. All very expensive not to mention the ruination of a family name and the shame to have your address published in the papers and everyone staring at you like your a geek in a side show. It's criminal and without mercy.


556 posted on 06/22/2006 2:23:06 PM PDT by Constitutions Grandchild
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To: I want to know

Just make sure he doesn't "go away." Det. Hinman's life may be spared for all I care, but believe me retribution will come. I can't even begin to tell you what happened to our little police force from the outrage our son's case engendered. Unfortunately, one brave officer was gunned down because the citizens had lost confidence in the police. Everyone knew what had happened. I had more people in my house questioning us when the word hit the street that the youths in the neighborhood were considering taking matters into their own hands. We had, fortunately, bundled our son out of state and he was well out of it when the officer went down, or I guarantee you we'd have had the fools back at our house asking if we owned firearms. One look at our bank account would have told them I hadn't the means to put food on the table -- much less hire a hit. It was as butt ugly as life gets, folks. Never seen mankind any lower until our marines were tortured and killed recently. Every time I think it can't get any worse, I'm undone.


557 posted on 06/22/2006 2:28:51 PM PDT by Constitutions Grandchild
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To: abb

" Judge Titus??? do they make this shit up in central casting? '

My favorite is still the false accuser- she who gums men.


558 posted on 06/22/2006 2:34:51 PM PDT by Wild Irish Rogue
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To: Wild Irish Rogue

Titus appears to be up for re-election this year.

Groan.....


559 posted on 06/22/2006 2:37:52 PM PDT by ltc8k6
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To: Locomotive Breath

I had actually contemplated that. My immediate goal is to get this case dropped, though. I just think it might take more than pressure on Durham; it might take pressure from "above." I think Durham will pay the price, in one way or another, in due time.


560 posted on 06/22/2006 2:38:48 PM PDT by Dukie07
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