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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: NeonKnight

The rats are hunkering down. Would you mind sending that information to Liestoppers or Durham in Wonderland? CTV should be properly shamed for such behavior.


501 posted on 09/07/2006 3:06:43 PM PDT by Ken H
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To: Locomotive Breath

They should just shut the forum down.


502 posted on 09/07/2006 3:08:52 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Locomotive Breath

Pick a link on the CourtTV board and see how many clicks before you came to the name Mangum.

I just tired a N&O link on CourtTV and got to her name and picture in 4 clicks. I am going go demand all N&O links be removed.


503 posted on 09/07/2006 3:29:25 PM PDT by JLS
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To: maggief

Stupid, unethical, and ruthless is no way to go through life. This case speaks volumes of the many layers of political and personal agendas, revenge, and imcompetence of "public servants" in Durham, and some of those who wish to buy into this case built on deceipt.

Quite frankly, anyone with any sense in Durham would do well to acknowledge the "dupe/hoax" per say, rather than continue on with the farce of ignorance, making themselves look bitter, stupid, or spiteful.


504 posted on 09/07/2006 4:01:01 PM PDT by InsanityReigns
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To: JLS; pepperhead

I never posted over there and only read very occasionally. It's a joke. Unfortunately, the sadly deranged over there may be representative of a lot of people.


505 posted on 09/07/2006 5:55:30 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath; JLS; All

YES, CTV serves a purose in that it shows how many people think. We can weigh the evidence and come to reasoned conclusion - may people will hear what the what to hear from the testimony.

Additionally, Nifong is an authority figure - some will grant him inherent trust and say - WHY Would he Lie? He's one of the good guys.

There are very few types of evidence that can overcome a jury biased to one side on anohter.

Having said that - this new Judge is HUGE. He changes everything - decisions on jury selection, etc. - that Nifong would normally benefit from, are no longer certainties.

_


506 posted on 09/07/2006 6:47:07 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: Mike Nifong

"Having said that - this new Judge is HUGE."

This is only showing us what an honest judge would have done in the first place. He's doing what Stephens and Titus SHOULD have done--instead, those two
permitted this crime (which is what it is) to continue.

Now maybe, if there is an honest judge (and one not in league
with a dishonest DA), this case may get tossed out, the sooner the better.


507 posted on 09/07/2006 8:35:59 PM PDT by CondorFlight
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To: Locomotive Breath

I occasionally lurked there as well without posting. I stopped because there are too many sociopaths uninterested in dialogue, but boy do they like to badmouth caucasians and men. As we suspected, there is a constituency (whom Nifong serves, like Victoria Peterson) who only need to know that the accused are male and white. Pretty much the same nutjobs who will still argue that OJ was framed.

I do get kick out of the moderator kicking people off who challenge the AV supporters wacky racist assumptions with reasoned, if tough, arguments. It is unnerving to consider that folks with that mindset could end up on the jury.


508 posted on 09/07/2006 8:52:28 PM PDT by RecallMoran (Recall Brodhead)
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To: Locomotive Breath; pepperhead; All

Well the CourtTV board is now closed for the night. It was in complete uproard about how you can not link to the motions nor evidence in this case/hoax.

It is amazingly childish to play this game with Mangum's name. Personally I can not imagine the founders would accept that someone would be allowed to accuse someone of a crime anonymously or rather publically but the press would refuse to publish the name of the accuser.

Part of the reason criminal allegations are a matter of public record is so that witnesses might hear about them and come forward. What if on the night in question Mangum had been turning trick in Raliegh? Anyone who knew that fact would not under the present media situation know to come forward, even if they would be so inclined.


509 posted on 09/07/2006 8:56:30 PM PDT by JLS
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To: JLS

Same kind of contempt shown by Melanie Sill when she stops by and thanks everyone for their comments then leaves.


510 posted on 09/07/2006 8:59:55 PM PDT by Ken H
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To: JLS; Locomotive Breath

The record shows that Crystal learned how to play this game early. We know that she falsely accused (1) three boys (at least one of whom was 12 years old) of gang rape, (2) her then husband of attempted murder, (3) the 5 "probes" identified in the records revealed one of child molestation, which I am confident was against ther ex-husband because it was made on the eve of a child support hearing and (4) Lord only knows what else that we have yet to find out about (and I am certain there will be more). This pattern reveals shows Crystal knows full well that she will be protected from anything if she accuses someone of heinous crimes, even if she makes it up out of whole cloth. Moreover, the fact that she remains "anonymous" is an inducement for unscrupulous characters to harass someone. Crystal may be many things, but she is no dummy. In each of her tales in the past, she made up terrible criminal allegations because she wanted something (money, revenge, whatever). We have all speculated, but we still have not figured out precisely why she made these allegations. We suspect it was to keep her sorry carcass out of jail, but we really do not know yet. Maybe an immunity deal from Nifong for all those other crimes she was being investigated for? Who knows?


511 posted on 09/07/2006 9:13:54 PM PDT by RecallMoran (Recall Brodhead)
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To: JLS; pepperhead; Ken H; RecallMoran; All

It's only the beginning too!

I agree this stuff where her ID is shielded is ridiculous.

Imagine a 10 month trial with daily coverage with her name shielded the entire time! Even when it is clear she has lied about many things, the Politically Correct media will still maintain some sacred need to protect her.

If you recall, in another bastardization, the media wouldn't identify Kim Roberts for the longest time in support of the AV and Nifong evidently. The Defense lawyers forced their hand and Kim got wind of a Defense press conference or leak - and she had her own press conference - outing herself, in effect.

_


512 posted on 09/07/2006 9:33:09 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: abb; Protect the Bill of Rights; maggief; All

DPD , . , . , DPD , . , . , DPD , . , . , DPD , . , . , DPD , . , . ,

This is the second time in 10 days that we've had a story that the DPD is working with the FEDS !!!


http://www.heraldsun.com/durham/4-767865.html


CHIEF says police, FEDS work together

By RAY GRONBERG, The Herald-Sun
September 8, 2006 12:15 am

DURHAM -- Durham police and federal law enforcement agencies are working together and getting results, despite the impression created by a recent spike in violent crime, Police Chief Steve Chalmers and a federal prosecutor said Thursday.

Over the past six months, cities throughout central North Carolina have seen a sharp rise in the number of armed robberies -- a likely symptom of the street-corner drug trade, said Rob Lang, an assistant U.S. attorney for the Middle District of North Carolina.

But Durham is ahead of the others in working with federal agencies to break up drug rings, quell the trade in illegal firearms and secure long prison sentences for lawbreakers, Lang told the City Council.

"Some of the things you're doing here I use in presentations to other city councils to shame them into doing them, too," Lang said, singling out the city's efforts to trace guns. "To me as a career prosecutor in this business for 21 years, many of the fundamental steps at the baseline are being done here in Durham."

Chalmers said 11 Durham police officers are working directly with federal agencies like the FBI, and that joint operations with federal authorities had produced the arrest and conviction of 151 people since January 2005.

Thursday's briefing came about a month and a half after Councilman Thomas Stith questioned whether police and city officials are working aggressively enough in conjunction with the federal government to quell the recent rise of gun crime.

Statistics from the first quarter of the year showed, among other things, that aggravated assaults involving guns had jumped by almost 36 percent and robberies involving firearms had risen by 69 percent.

Stith -- a potential mayoral candidate next year -- said in July that the statistics show Durham's crime-control efforts aren't working as well as Mayor Bill Bell and other officials would like to the public to believe.

But Lang said Durham's violent crime statistics had been going in the right direction until the recent spike, dropping 34 percent since 2000. The current problems also are apparent in Greensboro and Winston-Salem, he said.

"This year it's not been good, but it hasn't been good anywhere," he said.

Chalmers added that he's not inclined to make wholesale changes in the Police Department's approach.

"We are using our resources in a very efficient and effective way," he said. "I do not believe in changing a horse in midstream unless it's just broken down. The horse we have is not broken."

The comments from Chalmers and Lang touched off a wide-ranging discussion about crime-control strategy.

Lang led off by saying prosecutors in the Middle District haven't used the federal RICO racketeering and corruption statute to try to quell gangs and drug-distribution networks and are reluctant to start because U.S. Department of Justice lawyers in Washington keep a tight rein on such prosecutions.

RICO investigations take years to complete, and Middle District prosecutors believe they can get quicker results by invoking federal narcotics and conspiracy statutes, Lang said.

Asked how local crime-control efforts stack up against others in North Carolina, Lang also said District Attorney Mike Nifong's office appears understaffed compared to those in other jurisdictions of similar size.

"They're overwhelmed in the state prosecutor's office here," he said.

Stith and Councilman Eugene Brown both made it clear they're concerned about crime among Hispanics. Chalmers responded by saying that one of the first jobs assigned to a newly hired crime analyst is an effort to learn how Hispanics figure in the city's crime statistics, both as perpetrators and victims.

Councilman Howard Clement raised questions about a recent operation in East Durham mounted by the Durham County Sheriff's Office, saying that while cooperative efforts are welcome, he's heard complaints about the effort from rank-and-file members of the Police Department.

Consultation -- and the alleged lack of it -- was the apparent reason. And Chalmers did not deny that there was unhappiness in his department.

"The sheriff's department, when they go into an area, they consult with the Police Department?" Clement asked.

"I think that's the way it should be," Chalmers responded.

"That's quite an answer, chief," Clement said. "Is that the way it is?"

"Not always," the chief said. "With the Durham Police Department, the buck stops with me, and with the sheriff's department it stops with Sheriff [Worth] Hill. Any concerns I have, I'll address with Sheriff Hill. He and I have had some meetings."

Chalmers conceded in response to a series of questions from Stith that the Police Department could do more to publicize operations like a recent prostitution bust that closed several brothels in North-East Central Durham, to send a message to criminals that the city won't put up with them.

But he said the department many times chooses to keep quiet about operations to preserve the option of expanding investigations, on its own or in conjunction with federal authorities. It prefers to keep information compartmentalized, and is careful about what it shares.

"Even within the Police Department, I don't want them to tell me everything until it's time," Chalmers said, apparently referring to the officers who work with federal agencies like the FBI and Immigration and Customs Enforcement.

URL for this article: http://www.heraldsun.com/durham/4-767865.html


513 posted on 09/07/2006 9:45:55 PM PDT by Mike Nifong (Somebody Stop Me !)
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To: Ken H
I got an idea I'd like to vet.

I was thinking in terms of managing all the information in these threads. In effect you could create files dedicated to a particular aspect of the case. For example, a thread could be dedicated to the timeline, with a set of links etc.

That way, if someone brings up a reference you are not familiar with, you could just point them to the "Time Line" thread.

I would think there would not be much activity on these threads, save to add newly discovered information with a link to the source.

And best of all, it wouldn't put a damper on the free wheeling nature of these 800+ post threads, but it might help organize the information that comes from them.

514 posted on 09/07/2006 10:32:54 PM PDT by Ken H
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Comment #515 Removed by Moderator

To: JLS

I agree about the accusers name. Anyone online can find out what it is easily. I can understand if they would prefer not to have the name on their board but the idea that you can't post a link to something that might have her name like evidence or motions is ridiculous.


516 posted on 09/07/2006 11:14:25 PM PDT by SarahUSC
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To: RecallMoran

I used to post at CTV but I haven't been there in ages. I just got sick of the baiting that went on with pro-AV posters. They would post things just to distract people from discussing the actual evidence in the case. This included alot of anti-white, anti-male sentiments and the moderator doesn't care. I even read stuff that was anti-Catholic, anti-Irish but apparently it's okay with Court TV to use slurs against those groups. They spew all kinds of crap about the players and the mod does nothing. But if you say anything even remotely critical of the accuser they will lower the boom on you. I suspect Nancy Grace is the mod - LOL - well, someone with exactly the same mind-set anyway. You can't have a decent discussion over there.


517 posted on 09/07/2006 11:25:57 PM PDT by SarahUSC
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To: Ken H

My idea is receiving mixed reviews.


518 posted on 09/07/2006 11:44:49 PM PDT by Ken H
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To: Ken H
Hey Ken, nice try... everyone's a comedian...

I agree there are way too many threads to weed through to keep the sources current..

I would suggest putting all of the relevant information on one or a few home pages of certain users... then we could post a link to their FR home page which would contain the important source documents... plus it cuts out the smarta$$ comments

for instance... I'll be the first guinea pig...

go here to see Jakki

519 posted on 09/08/2006 12:00:39 AM PDT by darbymcgill
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To: darbymcgill

It's all in fun.


520 posted on 09/08/2006 12:23:07 AM PDT by Ken H
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