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
Groan.....
Not good........
I wonder if things starting looking bad for the Rats in North Carolina if they would put pressure on Nifong or some judge to end this.
*Sh*t* That's "just us" for ya. I thought CA was bad, but this is insane. Is Judge Hudson up for reelection?
I guess we need to start FReeping hard. Seems like it's the only way to get anything done...
Not sure if I ever posted the exact same hypothesis, but I sure thought about it. But it has to come from the grass roots Dems. "How can I support a party that supports this?" type of thing. Should I write a letter to the Move-On folks??? :)
About cousin Jakki (from CTV message board)
http://wilmingtonjournal.blackpress...sID=70514&sID=4
The cousin of the alleged victim in the Duke University lacrosse rape case says “alums of Duke” quietly offered the accuser lots of money - a staggering $2 million – early on to drop the charges, and go on with her life
BAD LINK above
http://www.wilmingtonjournal.com/News/default.asp
click link below
Precisely, and with the agenda so warped on the side of the "ists" (i.e. feminists, legalists, whateverists) you will be hard-pressed to find a Democrat of substantive clout who's willing to step up to the plate. I wish I could reach everyone to let them know this isn't a Democrat or Republican issue -- it's an American issue.
Link doesn't work but I don't believe it. Precious may be crazy but she's not stupid.
LOL, yeah sure. Offer money to a whore and she don't take it. Yeah, uh huh.
Good summary, what the defense accomplished was:
1. Nailing down no tox report.
2. No missing pages of the SANE report will show up.
3. No surprise from Durham Access.
4. Bond reduction.
What they failed to get:
A. An order that Nifong certify he has read the file.
B. An order that Nifong and the police write down what they discussed in some meetings.
I still maintain this was a vast improvement. I did not expect Stephens to publically slap down Nifong. Nifong certifying he had read the entire file would take away one line of defense for him in follow up civil and criminal actions. The judge was not going to do that.
Titus was elected in 2002 and serves an 8 yr. term.
http://www.nccourts.org/County/Durham/Staff/Superior.asp
Big mistake. Now you know that this isn't going to go away quietly or reasonably. There's something buried deep here and it still smells rotten.
568 has the good link
BTW Jakki managed to get in she was an actress and stand-up comedian
That was my take too. I thought Stephens was fair, and his demeanor was so much better. The defense attorneys all seemed calm, confident, and well-prepared. Nifong seemed nervous, and somewhat cowed compared to his strutting and smirking last time. Himan seemed clueless, and appeared dressed for a lacrosse game.
Great!
I am seldom happy I am wrong.
I am so glad to be wrong in this case.
So now they are accusing people of felonies?
Did they tell Nifong that folks are trying to influence his witnesses?
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