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Cab driver in lacrosse case acquitted (DukeLax cabbie escapes Nifongery)
Raleigh News & Observer ^ | August 29, 2006 | Staff

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 ...


TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; durham; elmo; lacrosse; nifong
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To: Ken H

what's the date on that quote, ken? maybe we can find it elsewhere.


61 posted on 08/29/2006 4:15:43 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: pepperhead

The other thing Taylor says is that Gottlieb has a history of run-ins with Duke students and locking them up for nothing offenses - sometimes with dangerous criminals for cellmates.

Why am I not surprised?


62 posted on 08/29/2006 4:18:06 PM PDT by SarahUSC
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To: Ken H; All

What exactly did Nifong say in court about it? I could swear he said something about a tox report.


63 posted on 08/29/2006 4:18:46 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: SarahUSC

That is sick. There is something wrong with that guy.


64 posted on 08/29/2006 4:21:59 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead

http://www.newsobserver.com/1185/story/453751.html


65 posted on 08/29/2006 4:22:29 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

They still wanted toxicology reports on the accuser, who police first thought was drunk when they found her after the party. Nifong said on his way out of court that he had no report to turn over. The lawyers also awaited records from a Durham detoxification center, where the woman first reported she was raped. Nifong said that he is waiting for the record but that it would be only a single-page log.


66 posted on 08/29/2006 4:23:10 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: maggief

One of those assholes testified about Nifong's request of notification...

Don't you love it!


67 posted on 08/29/2006 4:23:27 PM PDT by Protect the Bill of Rights
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To: TommyDale

And the RATS have been running things for a while.


68 posted on 08/29/2006 4:23:27 PM PDT by Sue Perkick (The true gospel is a call to self-denial. It is not a call to self-fulfillment..John MacArthur)
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To: abb
I don't know the date. Here's a link to the post from 08-24, but I think the article is much older.

http://www.freerepublic.com/focus/f-chat/1684229/posts?page=765#765

69 posted on 08/29/2006 4:23:37 PM PDT by Ken H
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To: abb

Thank you for your ping, Abb. Stuart Taylor's recap and analysis is square on the facts.


70 posted on 08/29/2006 4:23:59 PM PDT by Alia
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To: maggief

Side Bar:
Was Clayton really there? I swear cop on right looks like DiNiro.

Maybe we are caught up in a reality movie.

BTW-Clayton looks like he is unsuccessfully trying to give Elmo "the look." Himan looks like he is fighting back tears.


71 posted on 08/29/2006 4:26:24 PM PDT by Protect the Bill of Rights
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To: abb

http://www.wral.com/dukelacrosseheadlines/9409016/detail.html

One document missing was toxicology reports. Nifong told the court he didn't have a toxicology report to turn over, although he later refused to say if such a test was performed. Defense attorneys said later they don't believe one was.

"I thought when you went, and somebody looked like they were drunk or on drugs or something that somebody would do toxicology," Cheshire said. "I mean, I'm just surprised they didn't, that's all."


72 posted on 08/29/2006 4:26:36 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

video of 6/22 hearing where nifong talks about tox report at above link.


73 posted on 08/29/2006 4:28:00 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb
Found my original note on it. I had FReepmailed it to myself:

To Ken H | 07/19/2006 1:50:25 AM EDT sent

Nifong declined to comment to The Herald-Sun.

But he told WRAL: "If there was a toxicology report available, it would've been included in the discovery I handed over to the defense."

http://www.heraldsun.com/durham/4-737491.html

74 posted on 08/29/2006 4:29:27 PM PDT by Ken H
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To: abb

It just keeps getting worse for the Rodeo cowboy doesn't it?


75 posted on 08/29/2006 4:30:18 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Ken H

This is HUGE news if Nifong knew of a tox report all along or am I missing something?


76 posted on 08/29/2006 4:30:33 PM PDT by Neverforget01
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To: Ken H
"If there was a toxicology report available, it would've been included in the discovery I handed over to the defense."

I remember we talked about the wording at the time. So bubba like.

Nifong should not even try to emulate the parse-master.

77 posted on 08/29/2006 4:31:13 PM PDT by Protect the Bill of Rights
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To: abb

here's our thread where we discussed the hearing that day.
http://www.freerepublic.com/focus/f-chat/1653541/posts?q=1&&page=501


78 posted on 08/29/2006 4:31:23 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Ken H

If there was a toxicology report available, it would've been included in the discovery I handed over to the defense."

http://www.wral.com/news/9256654/detail.html


79 posted on 08/29/2006 4:34:38 PM PDT by maggief
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To: abb; TommyDale

TD, you called it
-----


To: JLS
From post 601 Nifong told the court he didn't have a toxicology report to turn over, although he later refused to say if such a test was performed.
If one were to parse words like a former U.S. President, one could conclude that perhaps there is one, just not in Nifong's possession. Maybe Himan's possession. Maybe Chalmers...


626 posted on 06/22/2006 8:10:24 PM EDT by TommyDale (Stop the Nifongery!)
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80 posted on 08/29/2006 4:34:40 PM PDT by Protect the Bill of Rights
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