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 ...
"I guess this woman could implicate him but how credible is she?"
What does it matter? If the trial is before a judge only, the judge will have made his decision ahead of time (remember Collin Finnerty in DC); the trial will be for show, the sentence will be meant to intimidate and pressure the taxi driver over his testimony.
That is a felony--
Title 18 U.S.C. § 1512. Tampering with a witness, victim, or an informant--
(b) Whoever knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to --(1) influence, delay or prevent the testimony of any person in an official proceeding: shall be fined ... or imprisoned ... or both.
Title 18 U.S.C. § 1513. Retaliating against a witness, victim, or an informant.
(a) Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for--
(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or
(2) any information relating to the commission or possible commission of a Federal offense.
Write your senators and congressmen NOW, and demand the FBI get involved in this mess.
It looks like she was on Parole. She has to submit to warrantless searches.
The DPD investigators show up and search her apartment on June 30th, 2006 . The tear it apart and find stolen goods.
This is a violation of probation - her probation is revoked.
She is arrested and she's in jail now until 9-21-2006. To avoid furhter charges on the goods or shave time - she's going to be the state's star witness in a trial on AIDING in a 3 year old misdemeanor theft (250 bucks).
That's my theory.
Here's a pertinent portion of her record:
OFFENDER NC DOC ID NUMBER: 0174277
COMMITMENT PREFIX: BF
SENTENCE COMPONENT NUMBER: 003
COUNTY OF CONVICTION CODE: DURHAM
COURT DOCKET NUMBER: 06050941
PUNISHMENT TYPE CODE: ACTIVE SS
COURT TYPE CODE: DISTRICT
COMPONENT DISPOSITION CODE: GUILTY
CMP. DISPOSITION CODE (2 OF 2): ??????????????????????????????
NUMBER OF COUNTS: 001
TYPE OF COUNT CODE: CONCURRENT
PRIMARY OFFENSE CODE: POSSESSING STOLEN GOODS
OFFENSE QUALIFIER CODE: PRINCIPAL
DATE OFFENSE COMMITTED - BEGIN: 2006-06-30 *****
DATE OFFENSE COMMITTED - END: 2006-06-30 *****
NC GENERAL STATUTE NUMBER: 14-71.1
PRIMARY FELONY/MISDEMEANOR CD.: MISD.
SENTENCING PENALTY CLASS CODE: CLASS 1 MISDEMEANOR SS
PRIOR RCD. POINTS/CONVICTIONS: 005
PRIOR RECORD LEVEL CODE: LEVEL III
MINIMUM SENTENCE LENGTH: 0000000
MAXIMUM SENTENCE LENGTH: 0000400
LENGTH OF SUPERVISION: 0000000
SUPERVISION TERM EXTENSION: 0000000
SUPERVISION TO FOLLOW INCAR.: 0000000
SPLIT SENTENCE ACTIVE TERM: 0000000
G.S. MAXIMUM SENTENCE ALLOWED: 0000000
SERVING MIN OR MAX TERM CODE: MAX.TERM:
SENTENCE TYPE CODE: DEPT OF CORR DIV OF PRISONS
SENTENCE TYPE CODE: ??????????????????????????????
SENTENCE TYPE CODE: ??????????????????????????????
SENTENCE TYPE CODE: ??????????????????????????????
SENTENCE TYPE CODE: ??????????????????????????????
SENTENCE TYPE CODE: ??????????????????????????????
CREDITS FOR JAIL DAYS SERVED: 0
ICC JAIL CREDITS (IN DAYS): 0
SENTENCE CHAINING TYPE CODE: CONSECUTIV
PRIOR COMMITMENT PREFIX: BF
PRIOR COMPONENT IDENTIFIER: 002
P&P SUPV.TERM CHAIN TYPE CODE: ??????????????????????????????
P&P PRIOR COMMITMENT PREFIX:
PRIOR P&P COMMNT/COMPONENT ID:
TIME COMPUTATION EXCEPTION CD.: NOT APPLICABLE
SENTENCE CONVICTION DATE: 2006-07-21 *****
SENTENCE EFFECTIVE(BEGIN) DATE: 2006-07-21 *****
DELEGATED AUTHORITY FLAG:
INMATE SENTENCE STATUS CODE: ACTIVE
INMATE COMPONENT STATUS DATE: 2006-07-21
P&P CASE STATUS: NORMAL NORM
P&P COMPONENT STATUS DATE: 2006-07-21
DATE OF LAST UPDATE: 2006-08-04
TIME OF LAST UPDATE: 08:44:50
ORIGINAL DATA ENTRY DATE: 2006-08-02
ORIGINAL SENTENCE AUDIT CODE: ??????????????????????????????
DATE OF LAST UPDATE TWO: 2006-08-02
TIME OF LAST UPDATE TWO: 08:40:02
"WTF...three years later and this video-tape magically appears?"
I think it was made in the same Havana studio that just turned out those photos of Castro skate-boarding after his operation. . .
Okay, so an incriminating Video caused them to LESSEN the charges?
It was MISDEMEANOR LARCENY
Now, it's Aiding and Abetting Misdemeanor Larceny
Doesn't make sense -- but, it is Durham
Wanna bet this will turn out like every other Nifong 'smokin' gun?" That is, the Fong either grossly exaggerated or lied about nonexistent evidence. What could a tape possibly show? That he shouted hooray when when she got to the car? More BS . . .
Does Nifong think the entire world is dumb enough not to see through this? This has got to backfire big time!
Think about how many man hours and money they have spent trying to find something on Elmo (no disrespect, it takes alot of brain powerr to remember the 2nd part of name).
If and that is a BIG IF they have a video it is probably so grainy it could be Nifong's grandma.
How long do they save those tapes, anyway?
Well, who is the judge? That's the question. If you get a judge like the one who acquited Flannery on the noise charge, then there's hope. If you get a judge like Stephens, Titus or Bushfan there may be a problem.
Also It was easier for me to read her stats on this page:
When her sentence is up in Sept. She starts another one lasting til Dec. When the Dec sentence is up she starts another lasting until: Projected Release Date: 04/08/2007 Sentence Begin Date: 12/25/2006
Think she's Moustafa's type? Surely she wasn't worth $250 worth of handbags?
It's tough to believe they have just now dug up a videotape. How long ago did this happen?
How the hell do they find a video tape after three years? Aren't those things taped over after a couple days or so.
Hey, no barf alert? Yikes! She looks just like Nifong's type.
Does Cash Michael see the coming collapse of the Duke rape hoax?
http://www.renewamerica.us/columns/gaynor/060815
I think they visit the same barber.
Here's the WTVD story. Nothing in it about a tape...
http://abclocal.go.com/wtvd/story?section=local&id=4464503
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.