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 ...
Ping. See post 159
This is a gamble, but probably a good one, and the timing is good for the defense, too.
Re the "DEVELOPMENT" - so Nifong no longer controls the setting of the trial date, and Titus is out?
So it seems. The story says "all parties agreed." I would think the approval by state officials would be a formality. There was some discussion on the boards on how it all works when this issue first came up. Some of our lawyer types will have to flesh this out for us...
This declaration of "exceptional" could be termed a "venue change of judges," could it not? It has to be good news for the defense to get this case out of the hands of the clown circus that is Stevenson/Titus/et al...
I wonder if Professor Joyner is also monitoring the prosecution of Mr. Elmostafa?
Great article. Prof. James Coleman deserves to be commended for his balanced and objective assessment of the situation. Has he been on any of the TH shows?
Or trying to swim away from a big, hungry shark.
Like this Nifong vacation pic?
http://liestoppers.blogspot.com/2006/08/nifongs-vacation.html
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.
Perhaps a video exists that shows the cab driver open the door for her, or opening the trunk of the cab and putting her "packages" in the trunk for her.
I wonder how many handbags one can buy at Hechts for $250? Would the cabbie have to open the trunk?
"Besides Titus, Stephens and Hudson, who are the other Superior Court judges who could preside over this case?"
As I understood it, it doesn't need to be a Durham judge
(at least, I HOPE that is the case); I don't have confidence in any of them.
re: Lisa Hawkins.
There is former mayor of Durham named James "Jim" Hawkins who is now in Real Estate.
Not implying anything, but does anyone know if there is a family connection?
Whoops, meant to add you to #177.
mark
HAWKINS, LISA F
DURHAM, NC
(Possible relatives)
HAWKINS, MICHAEL J (age 45)
HAWKINS, JAMES
HAWKINS, DONNA CHERYL
HAWKINS, ELNA F
HAWKINS, FAY
http://www.veromi.net/Summary.asp
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