Posted on 08/15/2006 2:41:50 PM PDT by abb
DURHAM, N.C. -- A cab driver who has supported an alibi offered by one of the three Duke lacrosse players charged with rape had his own court appearance Tuesday for a larceny charge.
Moezeldin Elmostafa, 37, appeared briefly before a Durham County District Court judge who set a trial date of Aug. 29. Prosecutors also changed the charge against Elmostafa to aiding and abetting misdemeanor larcency.
Elmostafa was arrested in May after he surfaced as a potential alibi witness for Reade Seligmann, one of three players charged with raping a woman at an off-campus party the night of March 13.
The 2003 warrant accused Elmostafa of stealing five purses worth about $250 from a Durham department store. Elmostafa denies the charge, and has said he helped store security locate a woman after he picked her up from the store and drove her home. The woman later pleaded guilty to larceny.
Durham prosecutors said in May the warrant for Elmostafa's arrest was discovered in a routine background check of witnesses in the Duke lacrosse case.
Mostafa has said Seligmann, of Essex Fells, N.J., called for a ride at 12:14 a.m. on March 14, and was picked up five minutes later. The defense has argued those times help establish that Seligmann left the party without having enough time to participate in the 30-minute assault described by the accuser. Seligmann's attorney has also presented cell phone, ATM and dorm keycard records to help establish that timeline.
(Excerpt) Read more at dwb.newsobserver.com ...
Mike, Mike, Mike. "Over 100 times" does not do justice. Precision, sir. She has been arrested 127 times.
How long did it take for the Durham Courts to determine that Hawkins was in violation of her probation?
Arrested 6/30
Sentenced 7/21
Kim Roberts
Arrested 3/22
Sentence STILL NO RESOLUTION
I stand corrected !
Thank you
127 times
You go before a Judge with that record and see when you see the outside.
That fact magnifies sentencing exponentially
I was talking to a cop friend of mine. I forget what the discussion was about but he said the laws assumes you know or you should know
(i.e. Officer I didn't know this Diamond Ring my boyfriend gave me was stolen.")
Do you think that is what Nifong is doing. He will use 'Mr. Elmostafa should have known the purses were stolen?'
127 times just sounds so "good" LOL! I get some sort of perverted kick out of that.
I find it hard to believe new video has surfaced.
Nifong is a proven liar.
It could be a lame attempt of a bluff.
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What was the reaction the surveillance video - DOWNGRADE the charges.
That's why I think the Video shows Elmostafa didn't steal anything.
IMO, this is the DA's office wording things in a way to make the press run and report erroneously (like the $400.00 supposedly found on the bathroom floor).
Did you go to that Rudinos by Miami Blvd?
Carling must be in a technical field, there's lots of places for extended stays and there usually loaded with people working IT jobs or in support of that field.
It's actually in the NC statutes that you are effectively punished for priors
(think 127)
Prior conviction level for misdemeanor sentencing.
(a) Generally. – The prior conviction level of a misdemeanor offender is determined by calculating the number of the offender's prior convictions that the court finds to have been proven in accordance with this section.
(b) Prior Conviction Levels for Misdemeanor Sentencing. The prior conviction levels for misdemeanor sentencing are:
(1) Level I – 0 prior convictions.
(2) Level II – At least 1, but not more than 4 prior convictions.
(3) Level III – At least 5 prior convictions.
A letter sent to the Herald-Sun's reporters yesterday.
An interesting new figure is emerging in the Lax case. She is ADA Ashley Cannon. Cannon was the ADA pushing the bogus noise violation charge against Evans (after a charge threw out identical complaints) and now pursuing the absurd but malicious prosecution of the cabbie. Ashley Cannon appears to be a deeply unethical lawyer and Nifong's "right-hand man".
It is likely that this woman is the only in the DA's office who is as deceitful as Nifong. Maybe the only one who the famously paranoid Nifong can count on to push his fraud forward.
(well some ADAs like Destine Couch and Luke Bumm are a bit shall we say _compromised_ to serve as Nifong's Igor)
We should expect to see a lot of Cannon in the upcoming travesty.--------------------------To the Durham Herald-Sun reporters:Below we recount one of many actual stories you won't _ever_ read in the Herald-Sun and why
The story: Mike Nifong's office is preparing to frame a black immigrant cabbie for a 3-year old bogus charge of "abetting" shoplifting.
Why you paper won't do an actual investigation of this travesty: Bob Ashley is corrupt and desperate to be accepted by the Durham power-brokers. He will _never_ do anything to threaten the town's politicians, police or prosecutors.
Instead, Ashley's lackey John Stevenson will tomorrow write a lame four paragraph summary of the case, covering up the gathering factual evidence that the case represents overt prosecutorial abuse and the strong implication that Nifong and one of his ADAs will induce perjured testimony from a career criminal who Nifong has repeatedly failed to prosecute. Here is the real story, not covered by your newspaper:
Moezeldin Elmostafa is of course an alibi witness in the Lacrosse case.
Nifong's office, eager to discredit this witness, ran a huge series of employment, bank records, criminal and credit background checks on this poor guy that revealed only a 3-year never-served warrant apparently sworn by a security guard for some trivial $200 shoplifting of several handbags by a cab fare of Elmostafa.
The case was long ago resolved with a conviction of the thief- a career criminal with an interesting connection to Nifong, described below.
Nonetheless, without further investigation, Elmostafa was immediately arrested in May by...naturally, the chief Lacrosse police investigator and his henchman R.D. Clayton (who are both under investigation for threatening a black man in Raleigh and calling him a "N&*&") - The Herald-Sun has stopped covering the Clayton-Gottlieb case, for obvious reasons related to Stevenson's close relationship with one of the accused cops - This police investigator himself directly linked Elmostafa's May arrest to his alibi report in the Lacrosse case demanding as he cuffed Elmostafa "Is there anything you want to tell us about the Lacrosse case" An overt case of witness intimidation. Which Stevenson will omit in his report.
Despite the bogus nature of the charge against Elmostafa, Nifong's office did not drop it but today changed it to a patently ridiculous charge of "aiding and abetting" handbag theft. (Stevenson will spin this as charge reduction; a sign of Nifong's goodwill)
Remember that this bogus prosecution is for driving a cab fare to a mall 3 years ago where the real thief who he never met before or after stole a couple of handbags.
So who is the thief? Well she is Lisa Hawkins who has been arrested over 20 times for drug offenses, theft and minor violent offenses over the last 20 years.
http://webapps6.doc.state.nc.us/apps/offender/offend1?DOCNUM=0174277&SENTENCEINFO=yes&SHOWPHOTO=yes
Stevenson will not mention this.
[[Major aside: Hawkins is the tip of a very large problem related to the complete failure of Nifong's office to successfully prosecute in a timely or effective manner, the tiny minority of Durham's citizens who are horrific career criminals. These few have committed many murders, armed robberies and assaults while Nifong's office fritters away their time on bogus cases.
Now here is where any self-respecting journalist worth his salt would step in. But this glaring threat to public safety has been completely glossed over by your newspaper's corrupt crime reporter John Stevenson. And has been _intentionally_ edited out of your paper by Mr. Happy-Face Ashley]]Back to the case at hand:
To support the absurd "abetting" charge against Elmostafa, Nifong's office has now been widely suspected of applying pressure to this actual thief to change her story. This is not an unfounded accusation.Already in the Lacrosse case, Nifong has done this with convicted embezzler and 2nd Dancer Kim Roberts - who remains free without repercussions months after flagrant violations her prior convictions. And is now "cooperating with Nifong", according to her attorney, the most prominent Nifong support in Durham (a story completely unreported by the H-S) And Nifong has already done it with rape accuser {{name omitted}} boyfriend, who was arrested by Durham police following the March incident and then cut a deal with Nifong's office.
And what is Nifong's leverage over the career criminal Ms Hawkins?
Well turns out, Hawkins was rearrested again (the 21st time?) and convicted in April and then had her parole revoked at the request of Nifong's office in July.
This is strong indirect evidence that Nifong and his ADA Ashley Cannon plan on pressuring Lisa Hawkins with the threat of continued imprisonment to lie on the stand about the cabbie having advance knowledge of her intent to steal handbags. An absurdly desperate but entirely consistent act for Nifong and Cannon, who previously pressed bogus "noise" complaints against one Lacrosse player after a judge threw out identical complaints against another player.
If y'all don't think it's a problem to have a rogue DA operating an intimidation racket in Durham, that's your problem. But do your job.
Your Editor Bob Ashley is corrupt. He is so desperate to be invited to banquets by the Mayor, he wouldn't report a murder that happened in front of him since it would "harm Durham's reputation". But that doesn't excuse y'all from standing up and doing your jobs as reporters.Like Cash Michaels. Like Joseph Neff. Like anyone with half a brain and pride in their work.
In the 2 years since Ashley took over your newspaper, it has become a joke. Full of happy talk and intentional misdirection.You have nothing to be proud of.
1:36 AM, August 16, 2006
http://rdu.news14.com/content/headlines/?ArID=84245&SecID=2
Assistant District Attorney Ashley Cannon argued Monday to District Court Judge Ann McKown that Evans violated the agreement by hosting a party in March for fellow members of the lacrosse team. Many of them were not of legal drinking age, but were still allowed to consume alcohol at the party, Cannon said.
"He had control of the premises and he allowed this conduct to go on," she said.
Members of the team also hired a pair of strippers to perform at the party. One of the dancers later said that three members of the lacrosse team forced her into a bathroom and raped her.
A grand jury indicted sophomores Reade Seligmann, of Essex Fells, N.J., and Collin Finnerty, of Garden City, N.Y., on charges of rape, kidnapping and sexual assault. Both have been released on $400,000 bond and are scheduled to appear in court May 15, which coincides with the next grand jury meeting and the expected results of further DNA testing.
District Attorney Mike Nifong has said he plans to charge a third person in the case. Evans, a graduating senior, faces no charges in connection with the party.
The rape case was not mentioned directly Monday, but defense attorney Brad Bannon did say that Evans had been cooperative in a separate, unrelated investigation. He argued that was evidence of good conduct. "We do not really know why we're here," he said.
McKown still reinstated the alcohol charge and Bannon entered a responsible plea on behalf of Evans, who did not attend the hearing. McKown fined him $100.
Kerry Sutton, another lawyer for Evans, said after court she had never had a deferred prosecution deal withdrawn after a client had met the community service and financial requirements.
"I've never understood that it (deferred prosecution) required perfect behavior," Sutton said. "I will certainly caution my clients in the future."
Hey guys ABC 11's tone was ominous - like the video was bad news for the Cabbie -
but this article in the HERALD SUN seems to validate (or can be read that way) what I said a couple hours ago - the video is GOOD NEWS for Elmostafa. The prosecutions hand was forced when they were presented with a videotape (a COPY too), IMO.
http://www.heraldsun.com/durham/4-761484.html
CHARGE AGAINST CABBIE REDUCED
By John Stevenson : The Herald-Sun
jstevenson@heraldsun.com
DURHAM -- A three-year-old shoplifting charge was downgraded Tuesday for Moezeldin Ahmed Elmostafa, a cab driver who is an alibi witness in the controversial Duke University lacrosse rape case.
Assistant District Attorney Ashley Cannon said she reduced the charge to aiding and abetting a misdemeanor larceny after new evidence, a videotape made at the alleged crime scene, came to light.
Cannon declined to elaborate.
A trial of the case had been scheduled for Tuesday, but was postponed until Aug. 29 for reasons unrelated to the altered charge.
In April, Elmostafa signed a sworn affidavit saying he drove Duke lacrosse player Reade Seligmann to a bank cash machine, a fast-food restaurant and a campus dorm at about the time an exotic dancer claimed she was raped by Seligmann and two others at 610 N. Buchanan Blvd. in mid-March.
The other suspects are Collin Finnerty and David Evans. All are free under $100,000 bonds as they await a trial that is expected to begin during the first half of next year.
A month after he signed the affidavit, Elmostafa was arrested on a 2003 warrant charging him with shoplifting at the Hecht's department store in Northgate Mall.
But the cab driver claimed he merely gave a ride to a woman who later pleaded guilty to stealing from the store.
To convict Elmostafa on the new aiding-and-abetting charge, a judge would have to be convinced that Elmostafa knew of the woman's criminal intentions.
Lawyer Thomas Loflin, representing Elmostafa, implied recently that his client was being hounded by the District Attorney's Office because of his anti-prosecution stance in the lacrosse case.
In a May interview, Lolfin said "reasonable people can draw an inference" from the fact that Elmostafa signed an affidavit for Seligmann one month and was arrested the next. Loflin blasted the arrest warrant as "entirely frivolous."
But District Attorney Mike Nifong said it had always been local policy to serve old warrants when suspects unexpectedly turned up. He denied any attempt to intimidate Elmostafa.
How does one get arrested 127 times?
That's incredible.
Gotta wonder how many times she didn't get caught.
1. Criminal Statute - NCGS 15-1 is the statute of limitations for criminal misdemeanors. This statute allows prosecution action of misdemeanors to be taken no later than two years after the fraudulent act occurred. A misdemeanor under the current NCGS 108A-64 are cases involving $400.00 or less.
Is this wrong or did the open warrant serve as prosecution action?
Maybe preferably while peaking over the edge of a very large active volcano.
The Raleigh News & Observer made me an offer
[snip]
Somehow, Melanie, a lot of the public is getting the idea that Nifong started the witch hunt. We need to let the public know about all the N&O did before Nifong began his part of the witch hunt.
What about a front-page series:
"THE N&O LED AND NIFONG FOLLOWED?"
Thank you for your attention to my questions.
John
www.johnincarolina.com
I'm going to answer my own post. The warrant serves as prosecution action in regard to Statutes of Limitations.
However, I did see a case where the NC State Supreme court ruled that the warrant content, in this particular case, was not specific enough in regard to the individual crime being charged - and they ruled that the statute of limitations had elapsed.
The state has a one year extension (to recharge) for indictments found to be defective, but NOT warrants.
Most likely it does, but there should be a due diligence statute for serving the warrant as well.
ROFLOLOL!!!!!! :>
http://www.newsobserver.com/145/story/471328.html
DEVELOPMENT
In other news, attorneys for the three indicted Duke University lacrosse players met with District Attorney Mike Nifong and court officials Tuesday afternoon to discuss having the case declared exceptional. The designation would attach a single judge to handle the pretrial matters and the trial. That judge would have the authority to set hearing dates and handle other scheduling issues.
After the meeting, Durham Senior Resident Superior Court Judge Orlando Hudson said all parties had agreed on a single judge to nominate to state court officials, who must approve the choice. Hudson, who presided over the highly publicized murder case against novelist Mike Peterson, would not say who the nominee was but confirmed that he would not be handling the lacrosse case.
http://www.heraldsun.com/opinion/hsedits/56-761404.html
Durham braces for return of students
The Herald-Sun
Aug 16, 2006
Within a few days, students will be streaming back to local universities, and Durham and Chapel Hill will once again see an explosion of younger faces on the street and in local businesses.
The resumption of classes in the fall is always an important marker in any college-dominated community. This fall, in Durham especially the annual event is fraught with more interest than usual on the heels of the past academic year.
Town-gown relations were troubled at the outset by a sting operation which netted 150 citations, many later dismissed, for underage drinking in student houses around Trinity Park, neighboring Duke's East Campus. And, of course, the year wound down amid the tumult sparked by the lacrosse team party at 610 East Buchanan Boulevard that led to rape charges against three team members.
Despite that backdrop, or perhaps because of it, Duke and its neighbors are approaching his fall with cautious optimism and vigorous efforts to ensure that optimism is fulfilled. We applaud the efforts, and share the optimism.
As always, it is worth remembering that the vast majority of students at Duke ? and at N. C. Central University and the University of North Carolina at Chapel Hill -- are respectful neighbors. A fair amount of their interaction with the local communities is overwhelmingly positive, volunteering to tutor, assist with charitable campaigns or just being neighborly. Much of it is benignly beneficial, pouring money into local restaurants and retail establishments.
Duke Student Government President Elliott Wolf is making a goal of his administration assuring that the other aspects of the relationship, the rowdier and occasionally painfully disruptive, are minimized. "We want students to realize they live in Durham," Wolf told reporter Gregory Phillips last week. "With that comes understanding that the people who live in Durham are our neighbors."
Duke administrators plan to make it clear from the outset that they expect students, in the words of Vice President for Student Affairs Larry Moneta, "to respect the rights and responsibilities of living off campus." Durham police promise "zero tolerance" for criminally disruptive behavior.
The university, students and campus neighbors are working hard to forge relationships that will help students and residents understand one another better. If adults stereotype students as disdainful hedonists, or students stereotype their older neighbors as puritanical vigilantes, the deck will be stacked against healthy relationships.
Within the next several days, we'll begin to get a sense for whether the redoubled attention to a smooth return of students will pay off.
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