Lacrosse players' defense: Documents being withheld

HeraldSun ^ | September 1, 2006 | William F. West

[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.
 

[maggief]

http://wilmingtonjournal.blackpressusa.com/news/Article/Article.asp?NewsID=72340&sID=4


ETHICAL QUESTIONS RAISED ABOUT DUKE CASE PROSECUTION, WEEK OF SEPTEMBER 7-13, 2006
by CASH MICHAELS
The Wilmington Journal
Originally posted 9/7/2006

[abb]

Digestive Intolerance Alert...
http://www.indyweek.com/gyrobase/Content?oid=oid%3A36318

[Locomotive Breath]

Here's what I saw: Too Rich: The Secret Life of Doris Duke

I also found this which is not yet released: Bernard and Doris

Susan Saranwrap. Ug. I won't be putting any of my money in her pocket.

[abb]

http://www.heraldsun.com/opinion/hsletters/
They didn't do it

Allow me to answer the question posed by Jimmy D. Haynes in his letter of Sept. 2: At the risk of belaboring the obvious, I can assure Haynes that I, or anyone else, would be quite disturbed if a family member or friend were "beaten, gang raped and sodomized."

That is why a no-nonsense, justice-driven and ethical district attorney would be needed to go after the real perpetrator. True victims of a horrific crime should want true justice. However, in the Duke lacrosse case the only provable rape that has taken place is the one perpetrated by an unethical district attorney on three Duke athletes.

We will be expecting the same zeal from the district attorney's office when this episode is shown for the hoax that it is. True justice should be waiting for one who would fake such a scenario, tearing apart lives and an entire community.

Haynes and others may wallow in melodramatic what-ifs all day long, but the reality is this: If a "beating, gang rape and sodomy" took place that infamous night, the lacrosse players possess a fantastic ability to be in several different locations at once and most certainly showed up at the party wearing rubber suits.

DEBRAH CORRELL
Chapel Hill
September 7, 2006

[gopheraj]

mark

[bjc]

mark

[Neverforget01]

Oh, so it's okay that they were indicted because they are from well-to-do families and that offends Durhamites, and that's fair and just so the wealthier "gowners" should pretend to be poor? You sure are an appeaser. You probably think we should negotiate with Bin Laden.

Excuse me? Don't you dare judge me. Thanks

Guess you missed my post

I am not taking sides in the Duke/Durham debate--just noting the friction is obviously there, and I'm beginning to understand how this case got through a Grand Jury with so little evidence. Folks in Durham would hang a Duke kid for jaywalking

[Neverforget01]

Thank you for your informative post. It explains a lot. Not being from the area, I had no idea how bad the town/gown issues were. Apparently, as you've noted, they aren't new.

[ltc8k6]

That friction has been there forever. What's new is Nifong.

[Neverforget01]

I agree. Nifong counted on it and successfully used it to win the nomination. Let's see what happens in November!

[Locomotive Breath]

From what's being said about Gottlieb he's been waging his own war against Duke students for a long time. Now that he's got Nifong as a partner he can really get somewhere.

[bjc]

We should never underestimate the lengths that someone with a chip on their shoulder will go in order to fulfill their desire for revenge. If Gottlieb really has a thing about Duke, then he will act to sate his need for revenge and will be able to justify all his actions in his own mind. This is why cops/DAs with causes are bad news.

[JLS]

ETHICAL QUESTIONS RAISED ABOUT DUKE CASE PROSECUTION, WEEK OF SEPTEMBER 7-13, 2006

Well, well, well, while we have discussed on here that the black community of Durham certainly would not benefit from an out of control DA who imagined that Cash Michaels would morph into one of the best members of the press on this issue? Who would have guessed that Cash Michael would be more honest more quickly than ANYONE at the N&O. This saga has more surprises than almost any I have ever followed. Congratulations Mr. Michaels you have come a long way from Cousin Jackie.

[Dukie07]

Sorry. I wimped out early last night. Thanks for the link to the Insulter. I love Shakespeare! Absolute Master of the English Language!! Got my wristbands weeks ago - great way to keep The Three in my thoughts all the time.

[Dukie07]

We think alike. I found the imdb site, too, after your mention of the show. Too bad you can't buy the dvd :( As for the upcoming (?) Sarandon pic - I might use my free Blockbuster coupon to rent it if available.....

[maggief]

Perhaps Cash is beginning to understand that Nifong used the AA community for votes.

Come November Durhamites can still oust the fool.

I'd like to see Cash report more on Gottlieb. Something tells me there's more in his background, just a hunch.

Both could be going down.

[TommyDale]

Thanks for posting that link. All I got on the Wilmington Journal website was the old issue. Apparently Cash Michaels has admitted that the bloggers are doing a better job than the press. ;-)

[xoxoxox]

"60 Minutes" may need more time

Michael Gaynor, September 7, 2006 -excerpts-

http://www.renewamerica.us/columns/gaynor/060907

'It will be a test for CBS and "60 Minutes," which have a liberal bias and would be more comfortable exposing Republican villains. But Durham County, North Carolina is a Democrat bastion and the North Carolina Governor (Michael Easley) and Attorney General (Roy Cooper), both Democrats, have not acted to stop a gross injustice that has become progressively more obvious. [Governor Easley appointed the man most responsible for the persecution (yes, persecution, not prosecution) of the Duke Three, Durham County, North Carolina District Attorney Michael B. Nifong, and it's a safe bet the Governor won't be boasting about his judgment in that regard if and when he runs for re-election or the United States Senate.] -jump-

The next court conference (untelevised) is scheduled for September 22, two days before the "60 Minutes' season opener.

Do you think that's a coincidence?

AFTER the "60 Minutes" season opener, justice should swiftly triumph. The Duke case should be dismissed. Democrat Lewis Cheek, the District attorney candidate who will not campaign or serve, but remains on the ballot, should win as ANYONE BUT NIFONG. Steve Monks, the Republican candidate who failed to get enough signatures to get on the ballot, should cease his write-in campaign, since Mr. Nifong would be the beneficiary of it and the anti-Nifong vote should not be split. Governor Easley will be hard pressed NOT to appoint a much better person to succeed Mr. Nifong as Durham County's District Attorney, but the politics-as-usual temptation will have to be overcome if Durham County is to be a jewel in the criminal justice system instead of a national joke."

[maggief]

He must be reading the blogs ... or something ...

;)

[TommyDale]

Something... ;-)