Posted on 07/17/2006 2:08:51 PM PDT by Howlin
Every member of Duke University's men's lacrosse team is a potential witness in the case against three players charged with rape, Durham's lead prosecutor said Monday while arguing for access to their student ID card records. "We want to be able to confirm what they tell us about where they went afterward," District Attorney Mike Nifong said of the uncharged players.
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Titus also formally reaffirmed the state's rules governing trial publicity and disclosure of information to the public and the media. The order does not prevent attorneys in the case from talking publicly, but does prohibit statements that have a "substantial likelihood of materially prejudicing" the case. "The rules of professional responsibility require us to be very careful of what we say," said Wade Smith, one of Finnerty's attorneys. "We'll do that. We've been doing that. And we'll continue to do that."
(Excerpt) Read more at wral.com ...
****Today during the hearing, Nifong said that the defense team was filing motions to keep their names in the paper.
***He actually said, paraphrasing but close, "It's almost like some of them wish their clients had been indicted so they could continue on with this cirucus down here."
Video from ABC11:
http://abclocal.go.com/wtvd/
It's on the right, under the player (from this morning)
Thank you!
OMG....Nifong just keeps on giving.....
And excuse me, but WHO turned this into the circus? IMO, it was Nifong!
Nifong: Every LAX Member a Possible Witness
http://abclocal.go.com/wtvd/story?section=triangle&id=4372244
Someone needs to slap that smirk of his ugly face.
He was actually sort of laughing when he said it!
I'm astounded.
He has learned NOTHING!
Are not "confirm" and "investigate" the same thing?
http://www.wral.com/news/9530187/detail.html
"We want to be able to confirm what they tell us about where they went afterward," District Attorney Mike Nifong said of the uncharged players.
The cards can be used to purchase items and gain access to campus buildings. Attorneys for the uncharged players argued Monday that information is protected by federal privacy laws and that Nifong's May 31 subpoenas seeking the records were flawed.
The subpoenas also sought a list of the uncharged players' home addresses, which Nifong said he needed to ensure he could call the players to testify at a trial unlikely to begin before spring 2007.
"We're not trying to investigate them," Nifong said. "We are not trying to say there are crimes that we want to prove they are guilty of. We want to be put in a position to call them to tell the jury in Durham what they observed go on that night when this took place."
http://www.newsobserver.com/1185/story/461437.html
Judge admonishes lacrosse case lawyers
A judge today told lawyers in the Duke lacrosse case to watch their tongues when discussing the case in public.
Superior Court Judge Kenneth Titus said he had seen extensive pretrial publicity and admonished the lawyers to follow the rules of the N.C. State Bar.
"This court takes judicial notice of the extensive pretrial publicity that's been availing in all of these cases, including media coverage with statements and information released which would normally be prohibited," Titus said. "It is this court’s responsibility to ensure that the defendants and the state proceed with the constitutionally guaranteed right to a fair trial by a jury free of partiality, bias or prejudice."
(snip)
The defense lawyers told the judge that he didn't need that information, that they would be glad to furnish him with any information he really needed, whereupon he said that he didn't want to do it that way because the team had NOT cooperated under orders from their lawyers.
It was staggeringly untrue!
I cannot see how any sane judge would allow the subpoena to be approved. The DA issued ONE subpoena with 49 names on it, ORDERING the lacrosse players to give their info, WITHOUT any attached affidavit, or without presenting any evidence as to WHY to the court. Geez, Louise!
And Nifong repeated his mantra that the players had been "uncooperative" which is an outright LIE, as they offered to meet with him and even take polygraph tests. What a jerk.
Where does the line form?
Shouldn't he have the same concern for the DA's office with their early poisoning of the jury pool? Now I am concerned that this judge is not really interested in justice. Maybe his own name appears on the "trick list".
Charter member of the CourtHouse Crowd...
Line forms to the rear, but it already reaches across at least two counties!!
I'm starting to get very angry with this entire thing.
It's always been a trial by media. What happens in court is secondary...
Thanks for the ping.
I think Nifong is psychotic.
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