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.
 

[Ken H]

Here you go-- http://www.freerepublic.com/focus/f-chat/1697625/posts

[Jezebelle]

I judge you on your thinking, nothing more.

It's not up to the people at Duke to "act poor" just to appease the "townies." That's absurd. The "townies" need to either ignore Duke or show them the same respect they demand for themselves.

[maggief]

(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

Do you have the date or more information regarding the child support hearing?

[abb]

Question to the group: Have blog and bulletin boards made the Herald-Sun and the News & Observer superfluous? They've written nothing of consequence for nearly a week, but so what? What say y'all?

[Mike Nifong]

Ken,

I think you have a good idea. It is hard to go back and find information on FR. The farther out the trial is the more dead links and less information accessible to the average user. I particularly like the idea of a timeline thread.

Thanks and Enjoy your weekend!

[GAgal]

Crystal's kids' dad, who wasn't her ex-husband McNeil, was ordered to pay $400 monthly child support for her two kids in 2003. She divorced McNeil soon after the birth of her second child, and her split with the fellow sailor/father came well before 2003.

[GAgal]

So, with the latest defense motion available online, neither paper has reported on what it says? Very odd.

[abb]

Last Saturday's HeraldSun did a story on the filing - see article at the top of this thread. However, it missed much of what was in the filing...

[streeeetwise]

the motion is downplayed in the papers. For example, no way you should be holding emails for months. I mean, if this is critical to the people of Durham (Nufungs premise) get the case moving and turn stuff over. Same with phone data, they are still looking at it--peoples lives are at stake the whole nation is watching and the cop in charge of this data can't get to it!!!!!!!!!!! I mean, this is the stuff of ridicule and disbelief.

[maggief]

Crystal's kids' dad, who wasn't her ex-husband McNeil, was ordered to pay $400 monthly child support for her two kids in 2003. She divorced McNeil soon after the birth of her second child, and her split with the fellow sailor/father came well before 2003.

Looking for a pattern...

Probes:

8-30-2000 Driving While Impaired

9-17-2000 Larceny

10-25-2000 Family/Minor--other offenses

4-26-2004 Child Molestation

Timeline:

8/18/1996 Reported rape by three men three years prior when she was 14

Fall 1996 Joined the Navy

Fall 1997 Married McNeil

8/16/1998 Reported McNeil threatened to kill her 1998 Discharged from Navy

??? Three license suspensions

6/21/2002 Drunken car theft/cop assault

May 2003 Convicted on misdemeanor charges

2005 "Nervous breakdown"

Rap Sheet

[maggief]

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.

Too much time on the LAX case perhaps ... giving interviews, conducting lineups, DNA testing, intimidating witnesses? ...

[ltc8k6]

The rap sheet appears to cover only the taxi-stealing incident, though.

[maggief]

Has her rap sheet been sanitized?!?

[Locomotive Breath]

Interesting post at John in Carolina: Duke lacrosse: A 60 Minutes proposal

[ltc8k6]

I don't know. You can't help but wonder why the other stuff isn't on there. Except for the child molestation complaint.

[Protect the Bill of Rights]

Giving them the widest benefit of the doubt, perhaps it is because those other cases are still "open" and she has not been formally charged.

Why they are open is another question altogether.

[NeonKnight]

I know you don't really care, but the CTV bd just opened up. They now allow links to sites that use the FA's name.

Sanity even prevails there sometimes.

[writmeister]

I have wondered about the size of the bathroom since this story broke.

[Locomotive Breath]

Yep - there's been speculation about that since day one. As owner of the house, I can't imagine Duke letting CBS in there. Too bad. It'll have to wait until trial. When it comes out Nifong will be wearing yet another one sunny side up.

[abb]

Pinging the DukeLax List. Online poll rating Brodhead's performance...

http://www.dukechronicle.com/home/