Posted on 08/29/2006 1:39:25 PM PDT by abb
The Durham cab driver who has surfaced as an alibi witness in the Duke lacrosse rape case today was found not guilty of a 3-year-old shoplifting charge.
Moezeldin Elmostafa is expected to provide an alibi for Reade Seligmann, one of three Duke lacrosse players indicted in the rape case, because he gave Seligmann a ride after the party that led to the rape allegations.
After authorities learned of Elmostafa's potential role in the rape case, they found an unserved warrant naming him in a 2003 shoplifting case at a Hecht’s department store at Northgate Mall in Durham. A security officer for the store testified today in district court that he saw a woman steal handbags from the store and then jump into Elmostafa’s cab, which sped away.
The security officer testified that the cab pulled away even before the woman had closed to the door. A store surveillance tape, played in court, appeared to show that the door closed first.
Defense lawyers in the lacrosse rape case have said that Elmostafa was charged because he is a favorable witness to the defense. Loflin put one of the lacrosse investigators on the witness stand this morning and produced typed notes from the lacrosse case that show District Attorney Mike Nifong wanted to be informed when Elmostafa was arrested.
Assistant District Attorney Ashley Cannon told the judge the shoplifting case has nothing to do with the rape case.
(Excerpt) Read more at newsobserver.com ...
I'll bet the hair test shows too much flexeril, and the blood test shows too much alcohol.
That and the absence of date rape drugs when they would certainly have shown up, is a big slap to Nifong.
This all only matches one side's story.
http://www.pangloss.com/seidel/Shaker/index.html?
Away, you bottle-ale rascal, you filthy bung, away!
Thou misbegotten unchin-snouted dewberry!
"thou subtle, perjured, false, disloyal man!"
-The Two Gentlemen of Verona: IV, ii
Good ones and on target but I think Oscar Wilde or Mencken would supply more delighfully malignant and vicious descriptions: perhaps we can ask Christopher Hitchens to come up with a few choice accurate but ascerbic adjectives.
mark
LOL! - The paper made a huge understatement when they said Gottlieb fits that description best.
There's a reason they only printed his picture next to the stories right after the indcident. And he was the first to get a lawyer.
H&C segment on the case:
1. Bremner a defense attorney understands that the lack of date rape is one more problem with the case. Says this is like a long Karr case in Colorado.
2. Guilfoyle can not get off the Nifong koolade completely. She give NIfong CREDIT for at least running this test. She does wonder if this will be the final nail in the coffin.
At the end all of them talked about the NYTimes smear article and did not understand what yellow journalism it is.
PS on H&C they claimed the tox report was released to the public today. I think they were refering to the local newspaper articles on this. Have you seen an actual tox report released today?
Beyond GHB not showing up in the test, Rich Lowry pointed out that if someone had slipped her GHB or any date rape drug there is no way she'd be able to remember what happened. It would most likely just be a big blank.
Rich Lowry is sharper than all the other guest hosts combined.
On Drudge :
Capital Crime Wave Threatens Tourism
http://www.breitbart.com/news/2006/09/01/D8JS9KL00.html
"Authorities were alarmed by the sudden increase: 14 killings during the first 12 days of July. Robberies rose 13 percent in the first seven months of the year compared with the same period in 2005."
(Wow. And to think they went to all that trouble to get Finnerty banned from Georgetown so that the streets there could be safe again. . .)
Well, at least people in Georgetown won't have to worry about someone throwing fake punches at them - if he even did that. I think he probably just yelled. And someone hit him! That judge was ridiculous.
Lacrosse players' defense: Documents being withheld
By William F. West : The Herald-Sun
Sep 1, 2006 : 11:20 pm ET
DURHAM -- Attorneys for the three Duke lacrosse players charged with assaulting an exotic dancer claim District Attorney Mike Nifong and police still haven't provided several vital documents in the case, as required by law.
As a result, the defense lawyers have filed papers in Superior Court calling for Nifong to produce those documents.
The request to Judge Osmond Smith comes after Durham County's chief prosecutor told Smith and defense lawyers at a recent meeting that a toxicology report indicated the accuser's tested negative for the presence of controlled substances.
That undercuts public hints by Nifong in April that the woman might have been given a date-rape drug, defense attorney Kirk Osborn said.
In court papers filed this week, the defense argued it hasn't seen the written report despite indications Nifong would provide copies.
In addition, the defense is calling for Nifong to hand over complete copies of information regarding laboratory testing in the case by the State Bureau of Investigation and by the testing firm DNA Security Inc.
The Herald-Sun was not able to reach attorneys for the three indicted athletes -- Reade Seligmann, 20; Collin Finnerty, 19; and David Evans, 23 -- for comment Friday.
Seligmann, Finnerty and Evans maintain their innocence on all counts -- rape, kidnapping and sexual offense -- in connection with allegations surrounding events at the lacrosse team party March 13 at 610 N. Buchanan Blvd., next to Duke's East Campus.
Nifong didn't respond to a request for comment left with his office Friday.
In its filing this week, the defense also is pressing for more information about what happened in the hours after the alleged attack, particularly information regarding the accuser's trip with police to the Durham Access Center, a mental health and substance abuse facility, for involuntary commitment.
The accuser reportedly began making rape allegations while at that center.
The defense cites the lack of a substantive report about the accuser's presence at the center, and the defense points to a blank check-in log as an example of inadequate information.
In addition, the defense wants to find out what was said at a meeting Nifong and police had with the accuser April 11 at the county courthouse.
The defense said Nifong argued to an earlier judge that such information was off-limits to the defense.
More specifically, the defense argues Nifong claimed at a case hearing June 22 that the defense was not entitled to know because facts regarding the legal action were not discussed with the accuser. And the defense adds that Nifong considers that to be a confidential communication.
Debunking that argument, the defense says, is that an investigator -- Sgt. Mark Gottlieb -- in a typewritten narrative said Nifong and the accuser met and talked about the case.
The defense points out, additionally, that a police major issued a memo stating all police personnel involved in the investigation were directed to produce all e-mails to and from one other about the case.
The defense said that while the message specified a June 5 deadline for compliance -- with threats of disciplinary action for failure to comply -- there is evidence police have not fully complied.
The defense argues that, in one instance, a crime scene investigator produced a number of e-mails -- but only after defense attorney Brad Bannon found them in the investigator's case file July 18 while at the police station.
The defense goes on to contend that nearly a dozen law enforcement officers who have been involved in the case have not provided all their handwritten notes.
The defense also wants to know more about what police have on file about the woman's background in Durham and about her interaction with the local criminal justice system.
The defense, again citing the July 18 date, argues that Bannon's review of an investigative file at the police station reflects the accuser was involved -- as a suspect, witness or otherwise -- in at least five other probes.
And the defense wants to see what police may have communicated to the Durham City Council.
According to the defense, Gottlieb, in a typewritten document, said that on April 4, he was asked by a captain to produce a timeline of events for the city manager, Patrick Baker, for possible presentation to the council.
The defense wants a copy of that timeline plus a report of the substance of any meetings between or among law enforcement officers, the manager and any council member.
Baker soon afterward briefed the City Council on several points about the case.
http://www.heraldsun.com/durham/4-766289.html
The defense, again citing the July 18 date, argues that Bannon's review of an investigative file at the police station reflects the accuser was involved -- as a suspect, witness or otherwise -- in at least five other probes.
I think this deserves a new thread. I'd do it, but I tend to make mistakes so late at night.
FIVE OTHER PROBES ! ! Hhhmmmm... any unsolved crimes in the neighborhood?
How about quadruple homicides, cross-burnings, ...
maybe they will be all solved now
in time for the election?
Debunking that argument, the defense says, is that an investigator -- Sgt. Mark Gottlieb -- in a typewritten narrative said Nifong and the accuser met and talked about the case.
nailed again!--This guy lies more than he tells the truth
Is it normal procedure to make a presentation to the City Council regarding an active investigation? By the City Manager while Chiek is MIA.
I have always thought it strange there was no paperwork for Durham Access. If it is not documented, it did not happen. For all practical purposes, if there is nothing, she was not at DA. Admittedly, I am applying medical standards to the courthouse setting.
I guess we will soon know what type of judge His Honor is.
What the Hell, I am starting a new thread...
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