Trial date set for Duke lacrosse witness (DukeLax Cabbie to be Nifonged)

Raleigh News and Observer ^ | August 15, 2006 | Staff

[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.

[jennyd]

I think all the Durham judges realize that the accusations are false. So, they don't want to deal with this case. They want to get elected, don't they? If they follow the law and throw out the unduly suggestive line up, they might not get elected when the time comes, because they lose the black vote.
So, they want nothing to do with the case. Stephens couldn't get out of there fast enough. And Titus seems even worse than Stephens.

[Mike Nifong]

Nifong is a control freak. This was "HIS" case. I cannot believe he would relinquish control unless he was under some serious pressure.
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I think you're correct in regard to the above. I don't see "other" signs Nifong is backing away or has less of a taste to fight this thing.

We know from Himan's notes, that Nifong in involved in every little step. Nifong told them to arrest the Cabbie and told then he wanted to be alerted when it WAS done.

So, if we look at the way they're pursuing the cabbie, with now, unheard of, Misdemeanor aiding and abetting charge. Murchison's trial was postponed again -like all the others.

Nifong could, at any time, hand this case over to an Asst DA - saying he didn't want to make the case about himself - and further distance himself from the case.
However, he's done none of those things.

[Mike Nifong]

That's kinda what I was getting at, the Durham Judges not wanting anything to do with this can only be interpretted as a bad sign for Nifong's case.

[Jezebelle]

All of Durham's black "leaders" seem to be in hiding.

Now that it's clear to even the densest of simpletons that these boys are innocent AND that no rape occurred, we neither hear nor see anything from any of them.

[TommyDale]

"Maybe one dim bulb lit, suddenly realizing this might not be a good thing?"

There are so many dim bulbs that it reminds me of a 20 year old Christmas tree. ;-)

[Protect the Bill of Rights]

re xo's comment:

The full force of the Very connected Duke Alumni
Journalistic network will crush the living daylights
out of all these hicks.

---

There are big fish in a small pond and great white sharks in the ocean.

The big fish in the small pond might have realized the fins they see are not Flipper's.

[TommyDale]

The other thing the hicks overlooked was the power of the internet. In this case, "hicks" includes those in power in Durham and the local press.

[Hogeye13]

I think the inability or unwillingness of the two judges so far to hear anything that the defense has to say, whether in motions or open court and their willingness to abide the prosecutor and his slams of the opposing attorneys in open court are telling. I think the Durham judges backed out because of Nifong and his control of the calendar.

Yes, they probably recognized the rulings that they were going to have to make would have an impact on their futures as judges. I am sure some or all of them aspire to higher judgeships. If they don't get reelected those opportunities diminish. If they are overturned in their rulings by higher courts to many times those opportunities diminish as well. It might be that a whole lot of CYA was going on in this to the defenses advantage.

[jennyd]

Well, of course.
The judges probably figured out these charges are bogus and their boy Nifong wants to frame innocent men for rape they did not commit. Of course they wouldn't dismiss the case and lose that black vote, but they don't want to participate in this bogus case either.

[Protect the Bill of Rights]

I am reminded of the article which quoted many judges as saying they were punished for their rulings against the DA.

[Protect the Bill of Rights]

http://www.webcommentary.com/asp/ShowArticle.asp?id=gaynorm&date=060820

Sean McManus: BAD News for DA Mike Nifong

Durham County, North Carolina District Attorney Michael B. Nifong is a big fish in a small pond, and not very bright. He doesn't necessarily do what's right. And he just did not realize the trouble he was getting into when he seized the opportunity to win the Democrat District Attorney primary on May 2, 2006 by giving credence to that inherently suspect gang rape claim, bringing kidnapping, rape and sexual assault charges against the Duke Three (Collin Finnerty, Reade Seligmann and David Evans) and reviling their lacrosse teammates for covering up such non-existent crimes instead of coming forward to do whatever he wanted them to do.

Sean McManus was named President, CBS Sports, in November 1996 and President, CBS News, in October 2005. Mr. McManus led CBS Corporation’s efforts in acquiring broadcast rights to the National Football League in January 1998 and, in November 2004 with CBS head Leslie Moonves, re-negotiated the contract to retain the rights for CBS until 2011. Mr. Moonves chose him to replace Andrew Heyward as President of CBS News........

(excerpt)

[JLS]

I have to say I don't see any evidence yet that McManus has positioned CBS to take advantage of this story? Maybe there will be a 60 Minutes segment on this. Maybe such a segment will be about this case and not include a feminazi interlude.

But so far I can not remember hearing about a thing CBS news has done about this case. [Of course as someone who likes to stay informed, I do not watch a single bit of news on CBS.] And this is and has been for months a huge huge story. Did CBS smell a rat early and get on the case? Certainly NBC has tepidly led on this story, but I do not remember CBS breaking any news or it.

A real unbiased news organization would not be worried about offending this or that group. The NYTimes prior to becoming a political organization did not worry about who they might offend with their reporting on the Scottwsboro boys. If unbiased CBS would see a big story like this and try to go break news on it. They would be trying to get the discovery. They would be trying to test alibis. They would be informing their viewers that the police lied to get a search warrant. They would have been doing such stories months ago.

[abb]

Posting entire article for the archives, since HS doesn't.

http://www.heraldsun.com//durham/4-762409.html

Smith tapped as judge for rape trial

By John Stevenson : The Herald-Sun
jstevenson@heraldsun.com
Aug 18, 2006 : 11:20 pm ET

DURHAM -- The Duke University lacrosse rape case was officially designated as "exceptional" on Friday, and Superior Court Judge Osmond Smith was assigned to oversee what some predict might be the longest criminal proceeding in Durham history.

Approval for those actions came from N.C. Supreme Court Chief Justice Sarah Parker at the request of Durham's senior judge, Orlando F. Hudson.

Officials said they believed it was the first time a Durham criminal case had been declared exceptional by the state's highest court.

It means the litigation will be removed from a local "case-management system" and assigned to just one judge -- Smith -- from now until the end of a trial that is expected to occur next year.

Applauded by several defense attorneys on Friday, Justice Parker's decision is expected to improve efficiency and make for greater consistency as the controversial rape allegations wend their way through court.

Without the exceptional label, at least three different judges would have handled the case before its conclusion. Two already have been involved.

In addition, the exceptional designation might bring speedier handling of certain critical defense motions, such as a motion to have evidence thrown out because of alleged police misconduct.

Such motions normally must be considered by the trial judge.

However, Superior Court judges shuttle from county to county every six months as part of a long-standing rotation pattern. If the lacrosse case hadn't been declared exceptional, a trial judge wouldn't have arrived in Durham until January.

The exceptional designation bypasses the rotation and makes Smith immediately available, even though he is holding court for six months in Alamance County.

Officials said he could leave Alamance and come to Durham County to conduct preliminary lacrosse hearings whenever he wanted.

However, a preliminary hearing that had been scheduled for Monday is now on hold because of the development.

Candy Clark, administrative assistant to District Attorney Mike Nifong, described yet another potential benefit of the exceptional classification Friday.

She said that because Smith was based in Person County, a Durham judge wouldn't need to neglect other local business while handling the lacrosse case, which is projected to last months.

"It will not disrupt our other criminal courtrooms," Clark said of the lacrosse proceedings. "Other cases will be tried at the same time. It will not produce a backlog. In that sense, [the exceptional designation] will make the whole judicial process more efficient."

Judge Hudson said in an interview that the lacrosse incident deserved an exceptional classification because, among other reasons, there were three defendants who might be tried simultaneously. He said a three-defendant criminal case was extremely rare for Durham, although not unprecedented.

Without making a specific prediction, Hudson also said the pending lacrosse trial had potential to become the longest criminal proceeding in Durham history, surpassing even the five-month Michael Peterson murder trial of 2003.

The three suspects in the Duke case are Collin Finnerty, Reade Seligmann and David Evans.

They are accused of raping and sodomizing an exotic dancer during an off-campus lacrosse party at 310 N. Buchanan Blvd. in mid-March. All are free under $100,000 bonds as they await trial.

Lawyer Kirk Osborn, representing Seligmann, said Friday that he was "really excited the case has been declared exceptional, and delighted we got Judge Smith. He's a very bright and competent judge who can focus on this case. We all greatly respect Osmond Smith."

Osborn said he would press to have a key evidentiary motion heard by Smith as soon as possible.

If Smith hadn't been specially assigned to the case, Osborn would have been required to wait until the state's rotation pattern brought another judge to Durham in January.

"I am very pleased at the appointment of Judge Smith," agreed attorney Joe Cheshire, representing Evans. "He is universally respected as one of North Carolina's hardest working and most even-handed judges. I am glad we were able to agree on his appointment, and I look forward to this case now having some positive and secure direction."

[abb]

More...

http://www.heraldsun.com/opinion/hsletters/

Pure entertainment

I've always enjoyed Durham's political theater. The newly formed Committee to Recall Nifong-Elect Cheek has dramatically increased the comedic value of this year's race for district attorney.

The team of Beth Brewer and Tom Muellenbach are the virtual Abbott and Costello for this year's election season. Rather than spending their time and resources finding a viable candidate for the DA's job, their goal is to elect a guy who doesn't want to run, in the hope that if he wins, this guy (who, by the way, isn't qualified for the job) doesn't acept the job so that the governor can appoint someone to replace the guy the governor has already appointed. Folks, it just doesn't get any more entertaining than that.

LEO RADEK
Durham
August 20, 2006

Committee to recall Mike Nifong a blessing

Bravo to the Committee to Recall Nifong. Vote Cheek! What a unique alternative to solving the sad situation in which we find ourselves.

Using a simple google search I found this committee's Web site (www.recallnifong.blogspot.com). Their "Dear Friends and Neighbors" article is a must read. It is obvious whoever wrote this article truly loves and hopes for a better Durham.

We believe this election is what the Durham that we love is about and, as such, requires a true and full measure of consideration by each of its citizens. We ask that Durham show, not only to Mike Nifong, but also to Gov. Mike Easley and to the nation that watches, that Durham cares, that Durham has pride and, most importantly, that Durham has a voice.

Having just turned 18, the upcoming election will be my first. To this committee I say you will hear my voice. Thank you for all that you're doing!

ALEX STEELE
Durham
August 19, 2006

Monks a better choice

Elections are all about having a choice. So it is great news that Steve Monks has announced he will run as a write-in candidate for district attorney. He will give voters a better choice on the November ballot.

Since County Commissioner Lewis Cheek says he will refuse to serve as DA, even if elected, and many voters are dissatisfied with District Attorney Mike Nifong, Durham citizens are left without a winning choice between those two candidates.

Gov. Mike Easley appointed Nifong the first time. Now if Cheek were to win more votes than Nifong, the governor will again appoint our DA. Why would voters expect his second appointment to be any better? What would prevent the governor from reappointing Nifong? What a dilemma for Durham voters!

If voters were dissatisfied with the governor's choice before, doesn't Durham deserve to choose who they consider to be the best candidate? It's really embarrassing to think that Durham needs someone else to choose (or appoint) our DA for us! We need to elect our own DA and Monks is far better qualified than either Nifong or Cheek.

Monks' name won't appear on the printed ballot for district attorney. There will be only a blank line for write-in. So let's all write-in Steve Monks, the best candidate. Let's elect the better-qualified candidate who truly does want to offer Durham a choice!

MARILYN FLANARY
Durham
August 19, 2006

Berating commanders

I could not believe my eyes when I read the article about Chief Steve Chalmers and his command staff berating district commanders in front of a news reporter.

What kind of management practice is this? How did they make these district commanders look to their officers? What effect will this have on the community and the officers? Will people be unlawfully detained, searched and have their property seized in order to keep the chief from coming down hard on the officers? Will someone get hurt? Will officers and the city be sued?

This is not the Chief Chalmers I know. This is not the Chief Chalmers of which Police Department employees speak so highly.

Chief, say you were misquoted.

Say it ain't so!

WARREN BECK
Sunset
August 19, 2006

[Hogeye13]

http://durhamwonderland.blogspot.com/

This may have been posted yesterday. I don't recall seeing it. It is on K. C. Johnson's blog. Second posting yesterday entitled "A Tale of Two Men" by Robert Wellington the father of the lacrosse player that will testify to being with Reade during the whole time the supposed rape occurred.

[CondorFlight]

Today's Shakespeare quotation is dedicated to their honors of the Durham bench :

Falstaff speaking, Henry IV, Act V, Scene 1.

"Can honour set to a leg? No.
Or an arm? No.
Or take away the grief of a wound? No.
Honour hath no skill in surgery, then? No.
What is honour? A word.
What is in that word honour? What is that honour? Air.
A trim reckoning!
Who hath it? He that died o’ Wednesday.
Doth he feel it? No.
Doth he hear it? No.
‘Tis insensible, then? Yea, to the dead.
But will it not live with the living? No.
Why? Detraction will not suffer it.
Therefore I’ll none of it. Honour is a mere scutcheon;
and so ends my catechism."

[SarahUSC]

CBS makes me nervous because.......well, it's CBS. This case is like a golf course with tons of PC sandtraps in it. It seems incredible to think that CBS could make it through the entire course and avoid them all. I'm worried that their ball will land in at least one and that could doom the whole piece.

People seem to think that because some key players at CBS attended Duke, the piece will be favorable to the team. I'm not assuming that. Even if these people have some kind of loyalty to Duke, of what help has Duke been to anyone on the lacrosse team? None. They cancelled their season, fired their coach and suspended the two indicted players who are students there. Broadhead's whole attitude has been to throw the team under a bus. And I won't even go into the infamous group of 88.........

[Ken H]

New from KC Johnson - VALUING PROCEDURE - in which he educates Duke and the NAACP on teachable moments, and dialogues with the head of the ACLU @ Duke:

[excerpt]This sentiment, it seems to me, should have guided the NAACP's response to this case, especially as more facts have emerged about the prosecution's tactics. Instead, to its long-term detriment, the organization has taken the unfortunate approach of giving a pass to the Nifong-orchestrated lineup while adopting a hard-line victims' rights position.

http://durhamwonderland.blogspot.com/

[Mike Nifong]

I am reminded of the article which quoted many judges as saying they were punished for their rulings against the DA.
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Yes, exactly. That article was in the N&O archives and may have been the same article where the Judges were complaining that Orlando Hudson was getting all the high profile criminal cases.

Here they are now - running away from a high profile criminal case. It seems to be accepted here that this is not a good sign for Nifong's case; however, no media outlet or talking head has uttered such a thing.

[jennyd]

Even Hudson apparently didn't want this one.