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.

[Hogeye13]

It is also quite likely that the defense attorneys did not want any of the Durham judges. The feelings in this case might have been mutual. I think there is a motion before the court to remove Nifong as prosecutor. Now a non-Durham judge will get to rule on it and possibly remove him. That would be poetic justice in some respects.

[xoxoxox]

C. Michaels at ABC11 continues-

"To be blunt, all of the involved are truly characters who survive on the west end of who they can hustle next. No one is squeaky clean in any of this. That's what makes it so volatile, and why I cover it with a much more deliberate, and contextual approach than most reporters.

That way people know that when I ask questions, there is a very good reason why.

Now i can't, as a journalist, call for the defeat of any politician in an election. I'm just not allowed, plus it's unprofessional. But that doesn't mean I can't report on the views of those who do, and do not. As this case unravels and people in my community clearly determine that they may have been lied to, that will become more and more evident. **

http://forums.go.com/abclocal/WTVD/thread?threadID=127289

Rez, most Black people believe "something" happened, if not a rape.

Most LAX supporters believe nothing happened, especially a rape.

Both groups have their beliefs based on how they see the case. Problem is, while the discovery evidence leans towards no rape occurring, it does not clear up those minutes she was in there by herself.

Did she argue with somebody? Was she pushed or grabbed? Did someone threaten her because they were all still very angry about paying $800 and not getting their two hours? Did the racial taunts and slurs either continue from the dance, or start immediately after, and then continue when she went back in BY HERSELF to get items she left, only to leave WITHOUT those items.

http://forums.go.com/abclocal/WTVD/message?messageID=734716

dennark wrote:

"You also use the phrase "while there is scant evidence of rape". Why can't you say the truth; there is ZERO, ZIP, NADA evidence of rape?"

Because ALL of the evidence, especially the stuff that defense attorneys are waiting for from the confiscated computers, is not in yet. You and others are absolutely free to state, based on what you know, that no rape occurred.

But as a journalist I have to wait for all of it to be in before I can publicly say that. I hope you understand that distinction. Unless I already know what's on those computers, or whatever else is out there, I can't play the absolutes here until the judge says it's all in."

http://forums.go.com/abclocal/WTVD/message?messageID=734738

http://forums.go.com/abclocal/WTVD/messages?username=cashmichaels

** Providing cover for the politicians? Getting ready to dump the DA?

[Mike Nifong]

So he couldn't write a column calling on George Bush to not be reelected (prior to 2004) ?

He can't write how the country would be better off without Bush or that Bush should be impeached?

I find his comments on not making statements in regard to election SILLY.

[JLS]

Michaels sounds to me like a guy preparing to tell the Durham black community, "you got played" right around election time. He may not call for votes against Nifong, but he certainly may increase the anti Nifong vote or at least hold down the pro Nifong vote with this strategy.

BTW, he is a columnist but his portfolio from his paper[s] may not include endorsing candidates. Thus he writes opinion articles, but his employer may reserve endorsing candidates for the editorial page staff.

[Ken H]

Now this could be interesting, and is in keeping with KC's theme of undoing the damage done by the adults at Duke. KC Johnsons writes in Valuing Procedure:

"Regarding events last spring, Bowes [student head of the ACLU @ Duke] wrote:

'As the initial facts concerning the case became clear, it was obvious to the ACLU@DUKE's members that what D.A. Nifong was doing was unethical, inappropriate, and illegal.'"

The following was posted in the comments section:

To KC Johnson and Daniel Bowes:

Has Duke Law Professor Erwin Chermerinsky weighed in on the Duke lacrosse case yet? If not, should he be asked to comment on it?

Here is an article on Professor Chermerinsky from 1999:

The ACLU of Southern California celebrates it's annual Bill of Rights Dinner on Friday, January 15, at the Regent Beverly Wilshire Hotel in an event to recognize the commitment of those who champion the ideals embodied in our nation's Bill of Rights.

Writer/director Steven Zaillian and civil rights attorney Constance Rice will be presented with Bill of Rights Awards and Professor Erwin Chemerinsky with the Eason Monroe Courageous Advocate Award: [snip] He is one of the foremost constitutional and legal ethics scholars in the country.

http://www.aclu-sc.org/News/Releases/1999/100154/

__________________________________________

durhamwonderland.blogspot.com/

[SarahUSC]

I'm not getting what Cash is saying. What does he think happened in those few minutes? If someone said something rude does that mean three guys should be convicted of rape? Beacuse the AV is displeased with something? That's pretty harsh. Going to prison for most of the rest of your life seems pretty severe for being rude.

Frankly, I don't think the AV remembers much about the evening. Her many weird stories seem to confirm that. Apparently someone made a comment about a broomstick but it was not one of the players who was charged. So they're supposed to go to jail because their teammate said something rude? Apparently there was also an argument about money. But at least one of the charged players was gone by that time. Are they supposed to go to jail because some of their teammates argued with the dancers about money? That is really pushing it.

[Ken H]

Copy of a post at FODU:

Now that school is almost back in session, I will be communicating once again (respectfully of course) with the 88 vigilantes faculty (and their wannabes Orin Starn and Peter Wood). Any messages that anybody would like me to communicate to them from the blogosphere?

(BTW, way back in May, I mentioned that two of the 88 Duke Professors appeared to be serial plagirists based on a literature review). I am happy to report that one of those professors is no longer at Duke, and the other had what I deemed a somewhat legit explanations.

My Duke alumni magazine feature "Plagirists on the Podium" is temporarily on hold pending further data collection on that professor.

[Mike Nifong]

Yes, it can only be viewed as good news that Michaels has looked into the case and seen "irregularities" or highly questionable actions.

Has any major outlet picked up the story that Michaels has questions about the Durham PD and DA in regard to this case?

[Mike Nifong]

SarahUSC,

If you read between the lines some are saying that the boys are racist and they disrepected these two black mothers and
something bad was planned for that night.

I've seen and heard this on many boards and the black activist in Durham - Victoria Petersen - has come right out and said it. The boys are racist and they had bad intentions and something happened in that house. Wasn't it Petersen that said the racism and sexual fantasies about black women were involved and it may not have gotten to the point of rape, but a racist crime occurred that night.

30 minutes ago, I got hit with this argument on another forum. Are we supposed to just let them go, after they hit her, took her money and degraded two black women? - just because she was confused about the rape - due to her traumatic experience is how the theory goes.

This has made it into the media in other ways - read Barry Saunders in the N&O. When asked about the inconsistentcies
in the woman's story and the illegal actions commited during the investigation - he's on record as saying, what are we supposed to feel sorry for these kids hiding behind Daddy's lawyers? Even today, when Saunders mentions the players - he demeans them with every sentence. He calls them "Blue Bloods, 3 poor wealthy students, Blue Devil 3, and rich kids" - and that was just in his latest article on the subject.

Dennis Rogers, also of the N&O wrote recently, they believe "there is huge conspiracy to railroad those upstanding Duke lads." I think the point is Rogers believes they aren't UPSTANDING Duke LADS.

The Editor of the N&O, Melanie Sill, has said regardless of the problems with the rape charges - underage drinking was rampant by the lacrosse team.

It seems if you combine most of the black community with most of the liberals - you'll find these people just don't think these men are worthy of defending - not worthy of Justice, I suppose. Every group is shrinking from the rape charges - but they maintain these kids are no good and it's no tragedy if they go to prison for a couple decades.
This attitude also explains why the National Media won't touch this case at this point. How many would be rushing to do stories if this were 3 black basketball players getting railroaded in a white town?

Whatever happened to the Fresno Football team which 3-10 players allegedly gang-raped an 11 year old girl? I haven't heard one thing. Makes you wonder.

_

[Ken H]

Liestoppers in action:

New Links Section: Legal Ethics - Analysis and Research Tools

Recently, LieStoppers was asked by a North Carolina attorney to assist in the preparation of a NC State Bar Grievance Complaint to be filed against Mr. Nifong by conducting research and providing documentation of Mr. Nifong's ethical transgressions with regard to Ethics Rules 3.6 and 3.8 in terms of his persecution of the Duke hoax. The results of our research were presented in full to the attorney who requested the assistance and in part here in our A Hoax Within A Hoax post. Further presentation will follow on these pages shortly.

[snip]

Members of the North Carolina Bar willing to file additional grievances against Mr. Nifong with regard to ethics rules 3.6 and 3.8 are encouraged to contact LieStoppers if in need of research or documentation assistance. Inquiries may be sent to: DisBarNifong@LieStoppers.com.

http://www.liestoppers.blogspot.com/

[Mike Nifong]

And I can't leave out this quote:

"This is a matter of white privilege," senior Tiana Mack said. "When I read what was going on, it made me think about Jim Crow.... If these three CULPRITS get away with it, it will prove to me that Duke does not honor the black woman's body."

http://www.uscho.com/collegesports/alcohol_drugs/uid,PLGO032820068441328/DNASamplesTakenFrom46DukeLacrossePlayersForInvestigation.html

This case is about honoring black women in some circles. What did Shabaz say? She's a Divine Black Queen by nature.

[Mike Nifong]

Ken, that's what we need. Action against Nifong via legal channels. I think he has more than an exposed flank.
I congratulate Liestoppers.

;;;;;;;;;;;;;;;;;

Liestoppers in action:

New Links Section: Legal Ethics - Analysis and Research Tools

"Recently, LieStoppers was asked by a North Carolina attorney to assist in the preparation of a NC State Bar Grievance Complaint to be filed against Mr. Nifong by conducting research and providing documentation of Mr. Nifong's ethical transgressions with regard to Ethics Rules 3.6 and 3.8 in terms of his persecution of the Duke hoax. The results of our research were presented in full to the attorney who requested the assistance and in part here in our A Hoax Within A Hoax post. Further presentation will follow on these pages shortly."

[Ken H]

What's that sound Nifong hears approaching? It's the ...

Hounds of Justice!

[Mike Nifong]

I like it, Someone left this message for Nifong: check it out

[Mike Nifong]

Here's the Link for anyone else that wants to hear a message
that reportedly was left for Nifong:

check it out

[abb]

http://www.wral.com/news/9707058/detail.html

Duke Limits Media Access As Students Return To Campus

POSTED: 8:00 pm EDT August 20, 2006

DURHAM, N.C. -- The news media is being asked to give Duke University students a little space when they move onto campus starting Tuesday.

For the first time ever, Duke officials are limiting media access over the next week to a few hours each day, and many orientation-week events are closed to the media completely.

University officials said they re-evaluated the school's media policy for orientation after a rape investigation involving three former men's lacrosse players.

Classes at Duke start next Monday.

Students at North Carolina Central University go back to class on Monday, and classes at the University of North Carolina at Chapel Hill, Peace College and Meredith College start on Wednesday.

Classes at Shaw University and St. Augustine's College began last week.

[Protect the Bill of Rights]

I wish I was priviledged....

[SarahUSC]

So they think we're supposed to put them in jail for upwards of 40 years for underage drinking? I can't get behind that. I drank underage so I suppose I'd have to put myself in jail too. I can't support that kind of sentence for "bad behavior" either. Being rude or inconsiderate isn't illegal. Every frat boy in America will be in jail if that is the standard.

I see what you're saying and I agree that some people seem to be resorting to this fall-back position involving underage drinking and rowdy behavior. The players have to be punished for something because they are white, male and rich. That automatically makes them bad news. I'm sure this will be one of Nifong's tactics too. He has no evidence of rape but will attempt to make the players look as bad as possible and hope the jury will find them guilty anyway. He doesn't care about the evidence because his case isn't based on evidence.

It's a scary situation but my hope is that Nifong can't pull it off. I don't know anything about NC. I've never even been there but it seems incredible that Nifong could get all twelve jurors to convict. I just can't believe that could happen. Not all twelve. It's depressing enough that the legal system in this country has allowed this case to get this far but if anyone actually gets convicted I will drop out of law school and move to Tahiti.

[Mad-Margaret]

Is that Carmella?

[abb]

Since today's hearing with Titus was cancelled, has anyone heard anything on when the first hearing with the new judge will be?