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Lacrosse players' defense: Documents being withheld
HeraldSun ^ | September 1, 2006 | William F. West

Posted on 09/01/2006 10:19:41 PM PDT by Protect the Bill of Rights

Lacrosse players' defense: Documents being withheld

 




By William F. West : The Herald-Sun
bwest@heraldsun.com
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.
 



TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; dukerapecase; durham; durhamdirtbag; elmo; lacrosse; nifong
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To: All

Never mind the timeline. You don't get raped, three different ways, by three different men and wind up with none of their DNA on "the mom of the year".


441 posted on 09/06/2006 8:16:59 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Dukie07

Saw an interesting show about her. She was played by Lauren Bacall. What a mess all that money made of her.


442 posted on 09/06/2006 8:17:39 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Dukie07

Thanks! Have you seen the Shakespeare Insulter?


443 posted on 09/06/2006 8:18:34 PM PDT by Ken H
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To: Locomotive Breath

I thought there was something about her either on TV or a movie. Wish I could find it.


444 posted on 09/06/2006 9:00:56 PM PDT by Dukie07
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To: Ken H

I have not. But... I should! And I will!!


445 posted on 09/06/2006 9:02:21 PM PDT by Dukie07
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To: Dukie07
This is one I posted at

http://johninnorthcarolina.blogspot.com/2006/09/duke-lacrosse-disturbing-chronicle.html

____________________________________

We are getting near the point in the play where the audience starts pelting the pretentious overblown windbags with rotten vegetables. So in preparation, here are a few bushel basketfuls.

"Methink'st thou art a general offence and every man should beat thee. I scorn you, scurvy companion."

"What, you poor, base, rascally, cheating, lack-linen mate! Away, you moldy rogue, away!"

... and those are the nice ones!

http:/www.pangloss.com/seidel/Shaker/index.html?

Get ready Dick "belief of it oppresses me already" Brodhead.

7:15 PM

446 posted on 09/06/2006 9:33:55 PM PDT by Ken H
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To: Sacajaweau
But these kids were criminal masterminds. ;)
447 posted on 09/06/2006 9:34:14 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: JLS
1. I guess Judge Titus has been shown he can take his semi-gag order" and shove it.

And he is off the case and can't do anything about it now. ;)

448 posted on 09/06/2006 9:35:57 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Dukie07

Correct link to Shakespeare Insulter-- http://www.pangloss.com/seidel/Shaker/index.html?


449 posted on 09/06/2006 9:49:26 PM PDT by Ken H
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To: pepperhead

"Have received more advance notice that the 60 Minutes 2006 premier expose will rock Nifong and his cronies in the currupt Durham administration to their knees. Hopefully, Linwood (er... PJ) will be swept out with the rest."
Posted: 9/03/06 5:01 PM [roper FWIW]

http://forums.go.com/abclocal/WTVD/message?messageID=746169

Maybe CBS could give the Judge et al. an advance peek at the Sept. 22 hearing.


450 posted on 09/06/2006 9:50:05 PM PDT by xoxoxox
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To: xoxoxox

Duke trustee chairman nominated for federal position

BY CAROLYN NORTON : The Herald-Sun, Sep 6, 2006 : 7:45 pm ET

DURHAM -- President Bush has nominated the chairman of Duke University's Board of Trustees to an administrative position.

But nominee Robert Steel has told Duke he plans to remain chairman of the board even if he receives and accepts the post of Undersecretary of the Treasury for Domestic Finance, according to Duke. He was among 23 people appointed, nominated or designated this week to serve in the Bush administration.

http://www.heraldsun.com/durham/4-767494.html


451 posted on 09/06/2006 9:59:54 PM PDT by xoxoxox
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To: CondorFlight

Family of man who died in jail wants investigation

BY DAN E. WAY : The Herald-Sun, Sep 6, 2006 : 11:01 pm ET

DURHAM -- Relatives of a man who died in the Durham County Jail are demanding an investigation into why he was held 17 days on a suicide watch under psychiatric care and prescribed anti-psychotic medication even though he had no history of mental illness and there was no indication on his arrest report that he was anything other than drunk and disorderly.

"relatives reported him missing to police and went to the jail looking for him, ironically, about the same time he was dying in his cell. "

http://www.heraldsun.com/durham/4-767507.html


452 posted on 09/06/2006 10:05:26 PM PDT by xoxoxox
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To: pepperhead

Titus may be off the case, but his order still holds until or unless Judge Smith has modified or reversed it.


453 posted on 09/06/2006 10:33:29 PM PDT by JLS
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To: All

Posted on TalkLeft (T. Soprano):

The Raleigh News and Observer, as much as a media organization can - made this happen! They spread hysteria and worked the National Press into a lather over the wild bands of roving white rapists in and around the Duke campus. To be accurate, I should have said ... the wild bands of roving, privileged, white, racist, rapists in and around the Elite Duke University campus.

Sure, the National media piled on, but the the N&O started the fire. We are talking first class arson too. I believe the N&O ignored evidence and some major inconsistencies because of the Political leanings of their staff. It appears that the staff is overloaded with ardent feminists and more liberals than a Vermont Marijauna festival. Diversity has yet to hit the News and Observer staff - diversity of thought, anyway.

Most of us are aware of many of the egregious articles printed in the N&O on the Duke Lacrosse case, so I'll skip some of the well-known examples that have already been discussed. Appropriately, on April fool's day, 2006, the N&O printed a piece by Elizabeth Weiss. She says,"as a woman, I cannot imagine making those accusations unless they were true." I imagine, that many months into this investigation, most of the N&O staff was amazed to learn of the case of Tawana Brawley. Can't you just imagine them shaking their heads and thinking, can this be right? This doesn't make any sense? Weiss continues, "and some of the details resonate too strongly for them to be conjured." Resonate too strongly for them to be conjured? Webster's defines RESONATE as, "to evoke a feeling of shared emotion or belief." Truer words were never spoken! The alleged victim's story of being beaten and kicked to near death, strangled by her attackers to near expiration, and purposefully humilated by evil men of caucasian persuasion - to say it struck a chord among the media is like saying that Albert Einstein took a physics class.

Mrs. Weiss, in her N&O piece, goes further and removes all doubt of her belief system. Weiss, apparently, was unhappy with the turnout of white non-liberals at the Candlelight vigils and pot-banging marathons where white men were excoriated and posters with pictures of many of the players on the team were handed out to the angry crowd, when she states, "many of the details of this situation are incredibly charged. Race, class, gender, all of those hot issues swirl together in this story and are possibly clouding the judgment of some..... What if it was a white exotic dancer making these allegations against a men's sports team at NCCU?" No one was indicted - in fact, not one individual had been identified at this point, yet Weiss is questioning the judgement of those not willing to spend their hard earned money on rope and gas to drive to Durham.

In May, I received an e-mail response from the Editor of the News and Observer, Melanie Sill, in that response, Ms. Sill informed me that the N&O reported the facts and their coverage was not sympathic to the accuser in this case, and she denied that her paper had used persuasive writing. According to Sill, they just reported the cold, hard facts and there was absolutely no attempt to persuade, convince, or emote on the pages of her paper. Yet, in the aforementioned article, Mrs. Weiss writes, "I felt connected to her because I somehow understood, based on pure instinct and imagination, how hard it must have been to talk to the Durham police that night." This woman shouldn't be writing for a Newspaper - she should have a lifetime supply of Kleenex and a good spot in front of a TV that can only tune in the Lifetime Channel. Not knowing when to stop, she continues, "It is odd how strongly I winced internally when I heard the details, having never experienced anything like that." Winced internally? You have to wonder if Elizabeth Weiss isn't Mark Gottlieb's pen name. Evidently, the outpouring by this reporter could not be stopped, "when I heard the details, .... I felt pain and sadness -- and ANGER."

Weiss must not be big on personal responsibility, because she continues, "The moment I heard the circumstances, that she was there as an exotic dancer, I became even MORE empathetic, not because rape is any more or less tragic depending on one's profession, but because she was put in that situation out of necessity, as a worker." And she really feels for the sex worker too, " I hope I will never be in the same situation she was, walking into a house, to perform for a group of men. And yet I can't stop thinking, what if that were me? What did that feel like? How will she feel safe again?" At this point, I'm sorry, I think it's safe to say Calgon has taken this woman away!

If you recall, the N&O was the first paper to interview the AV, and, IIRC, the only interview to date. The reporter to interview her was Samiha Khanna. In the articles based on the interview that launched a thousand tears, Samiha writes that the players were "barking racial slurs." The article could have been titled, "Who let the dogs out?" Samiha goes on to report that the AV "found herself surrounded by more than 40 men," and that the dancers simultaneously broke down crying and she quotes the AV as saying, "we were so scared." She tells readers that "authorities vowed to crack the team's wall of solidarity." Samiha claims "this was the first time she (the AV) had been hired to dance provocatively for a group." Evidently, she means that the AV had previously danced provocatively - but was not hired to do so - OR - she was hired in the past to dance like Ginger and Fred Astaire? I'm going to guess the Feminist handbook says woman don't dance provocatively for groups more than once in their lifetime. Can't you just hear them saying, "Women don't do things like that." This most reluctant of victims "hesitated to tell police what happened," but "She realized she had to, for her young daughter and her father." In a few short days, the AV went from the Salt of the Earth to a Saint. Ms. Samiha writes that "the petite, soft-spoken woman is described by friends as a caring mother and a hard worker," and "she also is a serious student." And quotes are adeptly used to hammer home the point, "I couldn't fault a woman for taking care of her family and trying to pay the bills."

After landing the only interview of the AV, Samiha took to the airwaves and, more than once, appeared on shows with Mike Nifong. Samiha makes an odd statement in one of her TV appearances, and it seems to echo the sentiments of her colleague - Weiss, "Upon starting her PERFORMANCE OBLIGATION, she did recall hearing epitaphs, terms that were derogatory towards her as a woman and an African American. She said she was very scared. She started to cry and that she wanted to leave." Now it's clear - the woman still hasn't danced provocatively for a group - now it's a "PERFORMANCE OBLIGATION." You gotta hand it to his woman - the accuser - she will work her fingers to the bone. She never met an obligation she didn't fulfill - apparently. It's so humbling to read of the character this woman possesses.

Samiha provides readers with a quote from a member of the Duke Academic Council, "There was a sense of, 'This is SAD, and it's TERRIBLE," and the same can be said of the N&O coverage of this case!



Sources:
http://www.newsobserver.com/978/story/424079.html
http://www.newsobserver.com/102/story/421799.html
http://www.newsobserver.com/145/story/429338.html
http://www.msnbc.msn.com/id/12065692/
_


454 posted on 09/06/2006 11:24:58 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: Ken H
Dr. KC Johnson, Chief Surgeon at Durham Wonderland General, performs an amputation. Without anesthesia.

http://durhamwonderland.blogspot.com/2006/09/times-peculiar-corrections-policy.html

But the errors do matter, beyond a stickler's point for journalistic accuracy. The Times, the supposed paper of record, went out of its way to inaccurately frame the case against Seligmann, and then either left the record uncorrected or printed a correction that was misleading in and of itself. As Abrams would say, "shameful" behavior.

POSTED BY KC JOHNSON AT 12:12 AM  

2 COMMENTS:

Anonymous said...

Perhaps, after all this is over and done, the Seligmann family should sue New York Times. That may teach NYT how to handle similar inaccuracies in the future. I would certainly do it, if it was my son who was being framed by these NYT clowns.

1:33 AM  

Anonymous said...

Once this horror show ends, there are going to be all kinds of payback. Wilson and Glater should realize the internet never forgets.

2:15 AM

455 posted on 09/07/2006 12:47:21 AM PDT by Ken H
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To: Dukie07
What did you think of Shakespeare Insulter? Nobody can hurl a rotten head of cauliflower more accurately than old Will.

Have you seen these?

http://dukelacrossewristbands.blogspot.com/

DUKE LACROSSE WRISTBANDS

SUPPORT THE DUKE MEN'S LACROSSE TEAM. DONATIONS GO TO "THE ASSOCIATION FOR TRUTH AND FAIRNESS".

456 posted on 09/07/2006 1:47:34 AM PDT by Ken H
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To: Dukie07
I just went and bought a few --

http://store.prostores.com/dukelax/index.html

457 posted on 09/07/2006 2:13:25 AM PDT by Ken H
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To: xoxoxox

They 'ol "computer glitch" story again ... Chalmer's daughter, Elmo ...


458 posted on 09/07/2006 2:28:12 AM PDT by maggief
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To: maggief

Just the beginning ...


http://www.heraldsun.com/durham/4-767493.html

NCCU faculty to fill vacant Southern High positions





BY KELLY HINCHCLIFFE : The Herald-Sun
khinchcliffe@heraldsun.com
Sep 6, 2006 : 7:43 pm ET

DURHAM -- Durham Public Schools officials were unable to recruit enough math and science teachers for Southern High School this year, so they've called in the cavalry from N.C. Central University.

DPS failed to land the required number of teachers despite offering special financial incentives and even recruiting a trio of qualified math teachers from the Philippines.

Three teachers reportedly en route from the Philippines were sidelined by visa problems, and their arrival has been postponed indefinitely.

(snip)


459 posted on 09/07/2006 2:33:06 AM PDT by maggief
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To: abb

http://durhamwonderland.blogspot.com/2006/09/defense-strikes-back.html

Wednesday, September 06, 2006
The Defense Strikes Back


460 posted on 09/07/2006 2:43:48 AM PDT by maggief
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