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 ...
* There have been a number of recently solved cold cases involving DNA also. Local wags speculate the multiple specimens found on the FA /AV /CGM have set off alarm bells in the computers of the SBI laboratories.
I type the way I talk. My mouth goes faster than my brain.
I think you just left one word out, but your typo made a much funnier post... ;-)
Another "brain poop"? LOL!
This guy is bad news, a long violent record. Anyone leaving their children with him should be arrested also.
Justin Hope DOC 0525831
23 arrests incl 2003 assault on female
1997 murder charge (pending)
I have always felt that they found multiple specimins in the AV. The DA was very careful in his wording.
Mostafa said he got another call to pick up people at the North Buchanan address later in the morning of March 14, about 1:07 a.m.
He said he saw about 20 people on the lawn of the house, "yelling, talking back" to each other, including one black woman who he said didn't appear to be injured.
The woman, who seemed to be arguing with the young men, crossed in front of his taxi and got into an "old, white car," Mostafa said. He couldn't see if anyone else was in the car, he said.
"I heard her talking back to the guys" in what was apparently not a friendly conversation, he said.
The woman began to drive away in her car, but suddenly stopped and backed up, almost hitting his taxi, Mostafa said.
Four men got into his cab, and they appeared to be drunk, Mostafa said.
One of them said, "She's just a stripper," Mostafa said.
Considering the call to Centerfold, what if that woman was from Centerfold.
They leave, Call Centerfold, Centerfold person says she will go by the lax party and then meet Kim at Kroger.
Centerfold person does not get the money so Kim is stuck with AV
And the rest, they say, is history
or did I miss this discussion :-)
Let's revisit the white car again.
CNN.com - Cab ride could be key to rape defense - Apr 20, 2006
Second call
Mostafa said he got another call to pick up people at the North Buchanan
address later in the morning of March 14, about 1:07 a.m.*
* This mistake later corrected to about 12:45am.
DPD Shelton had already responded to empty house around 1:00 a.m.
He said he saw about 20 people on the lawn of the house, "yelling, talking back" to each other, including one black woman who he said didn't appear to be injured.
The woman, who seemed to be arguing with the young men, crossed in front of his taxi and got into an "old, white car," ** Mostafa said. He couldn't see if anyone else was in the car, he said.
** Maybe the "white station wagon with K-K-K on it, near where I'm at"
from Nikki's bogus 911 call.
Nikki lived on Albany St. approximately halfway between 610 NB and Kroger.
"I heard her talking back to the guys" in what was apparently not a friendly conversation, he said.
The woman began to drive away in her car, but suddenly stopped and backed up, almost hitting his taxi, Mostafa said.
Four men got into his cab, and they appeared to be drunk, Mostafa said.
One of them said, "She's just a stripper," Mostafa said.
^ ^ ^
Considering the call to Centerfold, what if that woman was from Centerfold.***
*** Centerfold address is a Verizon switching center. Call at 12:26 am.
How about Tammy from Esquire. Not that far away. Angel's Escorts.
Where's Brian?
They leave, Call Centerfold, Centerfold person says she will go by the lax party
and then meet Kim at Kroger.****
**** Across the street from Kroger is a dive motel the Innskeeper.
A few blocks further West is the Cook-out, the Millenium, and the Hilton.
This area was known as "Central Territory" after NCCU housed dozens
of students long-term in the Hilton, during their dorm Mold crisis.
It is also where the unsolved Duke student assault took place post Hoax.
There are claims of an ATM deposit (AV money by Nikki) and fresh semen deposits.
There was plenty of time. Why does Nikki want to dump this mess into
the hands of the police?
That 25 G's she owes Qualex, a subsidiary of blue-chip Eastman Kodak
ain't hurtin them.
I think this story is made for John Stossel.
Where are you Stossel?
Swabbing is not difficult.
Cash is back at abc11- Dispels CBS 60 min rumor...
---excerpt---
"If the state can't sustain its case in pretrial motions based
on a lack of evidence, than this mess is over. If the state puts
that ace-in-the-hole on that table to Judge Smith's satisfaction,
then we have a trial."
http://forums.go.com/abclocal/WTVD/message?messageID=734545
I don't think she can take care of her own kids.
She needed two or three drivers for a reason.
Of course, if Nifong has her under protection, he's taking care of her kids too.
Kevin Miller (who's parlayed the Duke coverage into a better job in another city) stated on National TV that the woman was hospitalized for mental issues. This may have also have been some type of rehab for the worst cases.
Who benefits from her NOT talking to her parents? Mike Nifong - that's who. I can see Nifong having cops driving her around, providing paid housing for her and her kids, - and she's following Nifong's instructions by not talking to Crazy Dad - and Mom. The Mom has always been working the Money angle on this case. The parents have met with Simeon, the Mother has reportedly met with Willie Gary, and some say the Mother took money for an article in Essence.
Money hungry Mom, Crazy Dad, and Jackii are just bad for NIFONG. Crystal was living by feeding her addiction and living day by day. She is not the one that has made a decision to move or not contact her family or suddenly spend time with her kids. This is way too radical of a change. Some handler is taking care of her and shuttling her around. Nifong has deemed her in need of 24 hour police protection and he has many dollars available to support her, and he has the resources of the state insofar as medical attention, child care, transportation, living expenses, etc.
I think she's living a relatively pampered life at this point - in that she doesn't have to work and she has child care and a couple state provided drivers (police).
-
FEDS ..
I think that's how they got Judge Osmond. I suspect the Defense attorneys presented Titus with a prepared letter to the Feds and the Justice Dept. I can see Titus being told that we've been threatened by the DA that he's going to drag out clients into 2008 (in anger) and that if certain things aren't done - such as removing scheduling from Nifong - this letter is being Fedexed tomorrow.
Now, here's what I base this on:
1) It makes absolutely no sense for Nifong to turn over something in his control and it's out of character. Remember, his Durham Problem calls for a Durham Solution - nary two weeks ago? It makes absolutely no sense that Nifong would make a concession of this magnitude voluntarily.
2) The News and Observer archives are replete with old articles that has Durham Judges (yes, the same crew) FIGHTING with each other for high profile criminal cases. These same Judges fought bad enough the they criticized each other in publicized quotes in the N&O. These same articles outline how Orlando Hudson asked for and received permission not to "rotate" through the circuit and stay in Durham and handle high profile criminal cases. Other Judges were critical and complained that they were left out of any/all high profile criminal cases. So, there's a history of Orlando Hudson staying in Durham - NOT ROTATING - and handling high profile criminal cases. That could've easily been done here - and a DURHAM Judge could've been removed from the rotation and handled this case in a dedicated, personally assigned manner - BUT IT WAS NOT! This speaks volumes.
3) Scheduling and "case management" is the sole repsonsibility of the District Attorney's office in Durham.
Judges have to work within the law and they can't take responsibilities from Nifong that have been legislated as his purview.
3) Good source told me Defense was highly upset with a recent Nifong outburst where he threatened to push the trial out further.
I think it can be said with confidence that Nifong's hand was forced. He did not suddenly have an epiphany and decide to give up a tool at his disposal (scheduling management) as he's called it in the past. A Durham Judge like Titus may have "convinced" Nifong to agree by communicating to Nifong his proclivity to supress key evidence, if he was to be the one ruling on the motions pending. If Titus told him that, then Nifong would have no choice; he could either drop the case or suffer an embarrassing decision at the hands of Titus.
On the issue of NON-DURHAM Judge handling the case comes down to two possibilities. Either no Durham Judge wanted to be involved with the case OR the Defense wouldn't accept that as a solution and they would proceed with their Public call for Federal Intervention.
If non of the Durham Judges wanted to be involved - that begs the question - Why? Did they fear that the State (Nifong) and Durham would not be cast in a good light and it would open them and their past to scrutiny? Did they think the right thing to do was to make key rulings in favor of the Defense - exposing the DA and his non-existent case?
Did they fear the political repurcussions of effectively dismissing the state's case in elected Judgeships?
I think the highly unusual, in fact - unpredented, actions of the District Attorney and the Durham Judges speaks volumes about this case -for those listening.
_
"Nifong's hand was forced."
Most likely by the Committee
feeling the heat.
See how fast they dump him.
Always looking for the best deal.
Special completed sample ballots anyone?
It seems any number of skeletons in the closet, may incline Durham from wanting to be involved in this case.
Look at the DPD. They are having to answer for past Police abuses that they simply didn't investigate, if you believe them. This case brought that about. Judges in Durham and taking the onus to recall cases and reverse their sentences, etc - and their behest. I think most saw the article where a man was sentenced AFTER the Durham ADA reneged on a plea deal minutes before court - and then the Judge disallowed a request to postpone that day when witness were not in court. A man was sentenced to 20 years or something ridicuous when a Durham ADA and Judge put it to him. Then the Judge moved to vacate the conviction on his own, in the last two weeks, and come to an agreement with the defense attorney.
Reasonable people have to ask themselves - would City Mgr Patrick Baker, Chalmers, Gottlieb, Himan, Linwood Wilson, Clayton, and Nifong have acted like this if they thought it would all come to light? What made these people believe they could put false information into affidavits, run lineups that broke every rule, make repeated false public statements, cut deals with felons, and then belatedly pursue old misdemeanors in a highly unusual manner.
Something gave these people confidence they could proceed with impunity - and the number of people acting similarly may point to something systemic in Durham.
Do you think the 60 minutes piece has anything to do with it?
Add Cash Michael's latest column.
I am looking at the timing.
Maybe one dim bulb lit, suddenly realizing this might not be a good thing?
Nifong is a control freak. This was "HIS" case. I cannot believe he would relinquish control unless he was under some serious pressure.
"Something gave these people confidence
they could proceed with impunity".
They thought the boys would plead
to much lesser charges. Were sure
'something bad happened'.
Hey, in this town you can get shot
for looking at someone the wrong way.
I think it is less complicated than this. And if the defense decided to file in the federal courts, I don't think they would let Nifong know that first. I see it this way:
1. No Durham judge wanted this mess. Judges don't like to be overturned. Durham judges will eventually have to run for reelection. So either some Durhmite Judge has to make a ruling on the flawed IDs that is very likely to be overturned or throw out the IDs and create an bloc of voters unhappy with him. So the Durham Judges said thanks but no thanks.
2. For Nifong this case has turned from a positive for the primary to a problem for the general election. Nifong may now believe would benefit from this case going away. If Smith quickly quashes the IDs, Nifong can have a press conference dismissing the case, smear Evans, Finnerty and Seiligmann once again by saying he still believe Mangum. He can blame the judge and the DPD for not having enough to proceed and hope that this will translate into ABN-VC going away.
I doubt very seriously the defense "threatened" Nifong with a letter to the Feds. Nifong has not shown he is smart enough to back down when he should. More likely he has seen this case change from a positive to a negative for him and wants to move it along now. This case has been only about Nifong to Nifong from the very start. That has not changed.
"60 minutes piece has anything to do with it?"
The full force of the Very connected Duke Alumni
Journalistic network will crush the living daylights
out of all these hicks.
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