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.
 

[JLS]

I think every time Cash Michaels writes a column like this:

1. More Durham black voters turn to voting for Cheek.

2. More Durham blacik voters throw up their hands and will not vote in this race.

I wonder if Nifong will get as many votes in the general as he got in the primary?

[JLS]

I do wonder if Cash Michaels' latest column is a sign he has a heads up on how Ed Bradley and 60 Minutes will come down on this case. If so he is smart to get ahead of this and Nifong's vote is going down even further.

[TommyDale]

Michaels' latest column indicates he is willing to at least look into corruption. Now if only he would look at the Durham sex industry, its connection to the City Government, etc....

[xoxoxox]

OFFICIAL SUMMARY REP PRIMARY ELECTION OFFICIAL SUMMARY REPORT
RUN DATE:05/08/06 DURHAM COUNTY, NC
RUN TIME:05:44 PM MAY 2, 2006


(DEMOCRATIC) WITH 59 OF 59 PRECINCTS REPORTING

DISTRICT ATTORNEY 14
You may vote for 1
01 = Mike Nifong 11,206 45.15 %
02 = Keith A. Bishop 3,293 13.27 %
03 = Freda Black 10,323 41.59

NIF BIS BLK

0001 W J BROGDEN MIDDLE SCHOOL 140 17 63
0002 GEORGE WATTS ELEMENTARY S 152 32 61
0003 E K POWE ELEMENTARY SCH 230 22 77
0004 N C SCHOOL OF SCIENCE & 254 15 124
0005 W I PATTERSON RECREATION 42 31 49
0006 LAKEWOOD SCHOOL 204 21 139
0007 DURHAM SCHOOL OF THE ARTS 170 20 64
0008 MOREHEAD MONTESSORI MAGNE 171 56 56
0009 FOREST HILLS CLUB HOUSE 347 68 234
0010 C C SPAULDING SCHOOL 60 52 41
0011 WEAVER STREET CENTER 218 122 97
0012 W G PEARSON ELEMENTARY SC 58 36 27
0013 BURTON ELEMENTARY SCHOOL 72 51 43
0014 Y E SMITH SCHOOL 72 56 107
0015 MT CALVARY HOLY CHURCH GY 41 36 52
0016 HOLY INFANT CATHOLIC CHUR 138 36 119
0017 DURHAM COUNTY MAIN LIBRAR 80 53 52
0018 FIRST UNITED ANTIOCH BAPT 97 55 84
0019 AMERICAN LEGION POST #7 168 61 150
0020 DURHAM COUNTY AGRICULTURA 234 36 99
0021 CLUB BOULEVARD HUMANITIES 150 25 134
0022 VFW POST 2740 166 110 128
0023 THE RIVER CHURCH 353 180 281
0024 DURHAM PUBLIC SCHOOL STAF 240 44 357
0025 NORTHERN HIGH SCHOOL 110 19 342
0026 ROUGEMONT STA - BAHAMA VO 62 9 156
0027 CREEKSIDE ELEMENTARY SCHO 163 23 108
0028 BAHAMA RURITAN CLUB 146 13 302
0029 GLENN ELEMENTARY SCHOOL 110 50 194
0030 OAK GROVE ELEMENTARY SCHO 134 74 226
0031 BETHESDA RURITAN CLUB 116 37 213
0032 NEAL MIDDLE SCHOOL 42 5 148
0033 LOWES GROVE MIDDLE SCHOOL 58 23 69
0034 PEARSONTOWN ELEMENTARY SC 458 177 261
0035 CROWN OF RIGHTEOUSNESS CO 470 156 411
0036 YATES BAPTIST CHURCH 202 42 168
0037 COLE MILL CHURCH OF CHRIS 271 33 512
0038 HOPE VALLEY BAPTIST CHURC 266 48 179
0039 ST. STEPHENS EPIS. CH-PAR 377 55 353
0040 ROGERS-HERR MIDDLE SCHOOL 193 32 114
0041 WHITE ROCK BAPTIST CHURCH 209 79 97
0042 JAMES E SHEPHARD MAGNET S 138 113 74
0043 FOREST VIEW ELEMENTARY SC 511 74 493
0044 CARRINGTON MIDDLE SCHOOL 271 68 440
0045 TEMPLE BAPTIST CHURCH 336 59 470
0046 EDISON JOHNSON COMMUNITY 166 47 198
0047 I R HOLMES SR. REC. CTR A 208 138 142
0048 CHRIST THE KING MORAVIAN 171 37 135
0049 NCCU MILLER-MORGAN BLDG 32 20 10
0050 MCMANNEN UNITED METHODIST 222 33 258
0051 SOUTHWEST ELEMENTARY SCHO 305 72 264
0052 EVANGEL ASSEMBLY OF GOD 146 75 151
0053 TRIANGLE PRESBYTERIAN CHU 99 27 83
0054 PARKSIDE AT WOODLAKE 268 120 217
0055 SOUTHERN HIGH SCHOOL 209 108 210
0056 TRIANGLE CHURCH 177 22 108
0057 ONE STOP 582 124 472
0058 ABSENTEE MAIL 25 5 26
0059 PROVISIONAL/TRANSFER 96 41 81

[abb]

Related

http://www.chicagotribune.com/news/opinion/chi-0609070022sep07,1,1899214.story
Media frenzy, facts collide

[Locomotive Breath]

Well, it was topical at the time, but it really wasn't that good and I doubt that any non-Duke-affiliated person would want to see it. I can see why it's not out on DVD.

[maggief]

Do we know yet if Cash Michaels was in contact with Ed Bradley?

[ltc8k6]

http://www.wral.com/slideshow/9166083/detail.html?qs=;s=3;w=800

Compare and contrast the handling of the other Duke rape case that got no attention.

Particularly note what the SANE nurse said was an indication of recent sexual activity.

[NeonKnight]

Wow, I was just perusing CTV bd. You can't link to defense motions because they mention the AV's name. You can't even link to a site that links to a site that mentions the AV's name.

How in the heck are you supposed to discuss the topic anymore? They may as well shut down the Duke threads.

[SarahUSC]

A defense attorney early on said Collin left before any dancing started. I never heard anything about it after that but Collin's lawyers have made sure that his alibi is a closely guarded secret. If he did leave that early, I think Nifong is up the creek.

[abb]

Another piece from The Chronicle written by a Brodhead fluffer

CAUTION! Don't click on link to definition of "fluffer" if you are at work.

See story here

Philosopher or King?

[Neverforget01]

You should really take a look at the Court TV board again. Cash Michaels has paid a visit with some nonsense about "truth" is in the eye of the beholder. Very bizarre.

[SarahUSC]

Philosopher or king? And a student who thinks Broadhead is "cute"? Oh please...

All those students who think Broadhead is wonderful better hope they are never the victim of a Nifongesque extravaganza. If they are King Richard will denounce them to the world and throw them under a bus. He's a weasel.

[JLS]

I would not presume the person claiming to be Cash Michaels there necessarily is. They could but they could be another hoaxster too.

[Neverforget01]

I really hope it isn't Cash M for his sake. I've never read such gobblety-gook!

[ltc8k6]

I haven't been back at all since I was banned for pointing out racist posters like Daghda, and parodyig their racist posts.

[NeonKnight]

I saw that. Look at the latest discussion on the rule about linking. Now you cannot do a link to a site that has a link to a link to a link to a link to a link to a link to the AV's name.

Theoretically you can not link to Google from the CTV message bd. Amazing.

[NeonKnight]

Daghda seems to have disappeared too. Haven't seen him for a couple of weeks.

[maggief]

Interesting post.

[Locomotive Breath]

There is a game called Six Degrees of Kevin Bacon. Maybe we should start a new net-based game called "Six Degrees of Crystal Mangum". I'll bet that any and every link on the Internet could be excluded.