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
Sorry I double posted the info...that's what I get for playing quick catch-up, LOL!
Can't wait for the bunker buster, LOL!
thank you for the fabulous info!
If this isn't clear to EVERYONE now!
Loving animals, I wouldn't release a snake in Durham!
One interesting thing. The local channel was playing video of Nifong walking around (I assume yesterday and/or today). This woman walked next to him everywhere - and the end of the clip it's apparent - it's Susan Filan! Either she's really in desperate need of an interview or she's the stupidiest woman to ever consume oxygen.
She was so impressed with Nifong. Didn't woman fall in love with Osama too after 911?
I read her comments on another link. It's scarey, isn't it? That's what we're dealing with here. These are the kinds of people who will be targeting the boys and their families. I can't believe what Nifong has unleashed.
Heck, one of the jurors from the trial is in constant contact with Scott Peterson. If I were able to reach the conclusion that a guy had murdered his wife and unborn child, duct taped the body and dumped it in the ocean, do you think I'd be writing him? I THINK NOT.
She was just gushing about him on the Abrams report. Again.
But she's yet to make mention of the "rodeo cowboy" retort. And she looks awful. Really tired, bags under eyes.
My God, I cannot believe I am getting ready to have a 'deep' moment.
I remember when my kids were 3 and 4 and 5 and so on and so on. Thinking of them growing up and leaving my home was the equivalent of the days when I thought 30 was so far away and so 'old'
Enjoy them every day. My oldest has a 6 1/2 month old son. I love my grandson more than life itself; there is a small part of me which is reminded of those days with my babies. How I miss those days.
Deep moment over, back to kicking some Durham ass, LOL!
Perhaps Goslee and Cash Michaels could debate. LOL
It's funny how angry they can make you one second, then a smile and a laugh melts your heart all over again. The baby days are certainly a rollercoaster. On a side note, I am working July 11-August 4 in Cary, NC at Research Triangle Park. I will be curious to get the local flavor on this case. The downside is I will be away from the wife and kids the entire time, but I figure that we have men and women overseas fighting wars that are gone for months at a time. My time away will be nothing compared to what these brave people do voluntarily, and my life won't be at risk unless I pay a visit to Mikey LIEfong. ;)
Georgia Goslee should be the poster child for affirmative action. She may know the words, but it's obvious that she doesn't undertand the concepts. And to think that she was once a federal prosecutor.
Is there any question that she would be screaming her head off if the races of the false accuser and the players were reversed?
I have so had it with this political correctness crap. Thanks to the nanny state and the raising of the drinking age, the circumstances of this case would have never occurred. The players would have kept their silly tradition and gone to a strip joint. Their paths never would have crossed the likes of Kim and Crystal. Oh but wait -- maybe they would have with all this nonsense of "community service" required in many colleges. Rant over.
Mad Margaret:
Susan Filan is really giving woman a bad name. Monday-Wednesday - She's is outraged and fears for the country - if a case like this can get prosecuted.
Thursday comes and Nifong treats her poorly and she's like a lost puppy following a kid home from school. It's distasteful to discuss, but she apparently has some attraction to Nifong.
Let's put it this way, if these were immigrants that couldn't speak English or Black 18 yr old kids and a white woman whose story was wildy changing and the DA believed whatever the white girl said no matter how ridiculous, he still pursued the minority kids - does anyone think that Filan or any Media person in this country would ADMIRE that in a DA.
It's like she is glamorizing or romantizing corruption and abuse of power. It's like Bill Clinton was most attractive and sexy in some circles when he was lying publicly about Monica Lewinksy and she was being trashed by his henchmen as
a Stalker.
Susan F. should get to therapy. When your brain is overridden so easily, something ain't right!
Perhaps there should be an over/under betting line on the rapists count. ;)
Who is Angel?
That's one crowded bathroom.
Thank you, maggie. I really needed a belly laugh.
Flip floppin' Filan.
"Perhaps Goslee and Cash Michaels could debate. LOL"
Yes, but that debate would lack one thing ... the voice of reason.
Has anyone actually seen Cash Michaels on TV? I've only had the "priviledge" of seeing that website of his (ourheartsworld), in addition to some of his rambling retorts in response to a few BS flags I've emailed his way.
Good Point. Peterson one of the jurors is a commited pen-pal
Michael Jackson - A juror was wearing certain colors on certain days in support of the Jackson family. She believed that someone in Jackson's family was signalling her or something.
This case will be about everything but Rape by the time it comes to a jury. It's scary, but I can see some of the people (white people) on the jury, having a press conference 3 days after the verdict saying they were wrong - it's too late then let me tell you. Many white people are conditioned to NOT engage black people on controversial issues in personal conversation. Will the white minority be afraid to speak up or stand their ground? We've seen this in the past and when removed from the Jury Dynamic (reads pressure) they change their minds.
Well, we can officially rule out a broom, they couldn't fit another thing in that bathroom!
And now we know why the door was ajar - it wouldn't shut.
I wonder if Linwood supplements his income with a second job.
Honestly! Filan, Goslee, and Bourlan made Nancy Grace look reasonable yesterday.
I agree with you. She's got some major issues. And her comment today about an "impartial judge".... Were we watching the same hearing?
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