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.
 

[CondorFlight]

How could that poll have 42% (at the time of viewing) saying Brodhead did about 'as well as anyone could do'?

That shows the ignorance of those voting (not necessarily Duke students) about the facts of the case.

I hope if in the future any of them get arrested for anything, they can manage to get someone to say that they are supposed to be considered innocent until facts prove otherwise.

[ltc8k6]

I think I took him out with me MAD fashion....

[old and cranky]

Now it is at Brodhead did terrible at 41%....

[old and cranky]

Kinda OT, but kinda related....has anyone seen this?...
http://www.channel3000.com/news/9803171/detail.html

This just sickens me....

[SarahUSC]

Broadhead's numbers are heading south. He didn't get any help from me either.

[CondorFlight]

DNA releaseD another two . . .

RICHMOND, Dec. 14 ,2005 Washington Post -- Newly tested DNA from rapes committed more than 20 years ago has exonerated two Virginians who had each spent more than a decade behind bars. . .

One of the defendants served 20 years in prison for a rape in Alexandria that the new testing shows he did not commit. The other man was released in 1992 after serving about 11 years for an assault in Norfolk.

(snip)

Both of the recent cases had relied heavily on eyewitness testimony. . .

(snip)

The new testing conclusively proved that Virginia should not have jailed the Norfolk and Alexandria men and produced a "cold hit" linking someone else to the Alexandria rape...

(SNIP)

Prosecutors in Alexandria and Norfolk have requested that the governor issue complete pardons in both cases.

(YOU MEAN, THEY ACCEPTED DNA EVIDENCE AS CONCLUSIVE???)

In May 2003, Warner (also) pardoned Julius Earl Ruffin, 49, of Virginia Beach, who was (also) cleared by DNA evidence after spending 21 years in prison for rape.

Marvin Lamont Anderson of Hanover County and Arthur Lee Whitfield of Norfolk each spent more than a decade in prison for crimes they did not commit and were exonerated by evidence in Burton's files.

(EXONERATED BY DNA?? BUT WE KNOW THAT YOU CAN STILL RAPE SOMEONE AND NOT LEAVE YOUR DNA, RIGHT? AND THAT IF SOMEONE ELSE'S DNA IS FOUND, THAT IS MEANINGLESS, RIGHT?)

[SarahUSC]

I remember after the second round of DNA testing came back and the only DNA found on/in Precious was from her "boyfriend", Greta and the lawyers on her show said they didn't think the case would be able to proceed. They felt it was finished as a matter of law. Well, it's still proceeding, seemingly at the whim of one man - Nifong.

I'm a third year law student and I have yet to meet anyone who can explain to me why this case is continuing. Everyone I've spoken to is baffled. Based on what I've read from the Jovanovic case, I don't think they even had probable cause to make an arrest. Not if the standard is a "credible" claim. No one could possibly think the accusers ramblings were credible. I hope Collin, Reade and Dave sue everyone in sight for this.

[Mike Nifong]

Yes, spending too much time on one case!

Noise violations, underage drinking charges against 20 year olds.

And I suspect Nifong spent some of his time speaking with the District Attorney from DC (Georgetown).

And look at the parallels - DC and Durham are on-fire with Crime and both are overwhelming black - with White DA's - and they pursue minor cases and spend an inordinant amount of time on the prosecution of certain individuals.

D.C. Declared a CRIME-Emergency due to the legal/L.E. system being overwhelmed - a day or two after the two day trial for shadowing boxing.

Another Parallel - The Media threw their support behind both of these DA's. The Media is partly responsible. The DA's get positive press and accolades by pursuing these Duke guys and pandering to their constituents.

Does anyone thing for a second that these guys are doing it to see that Justice is done? These guys are easy targets.

Why did Nifong decide to take this on personally? The only such case. And why did he say the other case he would have handled personally was the cross burning case in Durham?

Because he wants to seize on the opportunity and be the hero of the people and the press!

Of course, some dogged work by the Defense lawyers have made the road rougher than Nifong had anticipated.

_

[CondorFlight]

"I hope Collin, Reade and Dave sue everyone in sight for this." I hope NEWSWEEK puts their pictures on the cover again, with a banner, "INNOCENT!" Or even better, a picture of Nifong, with a banner, "HOAX!" I think the mag (or rag) owes them that much, just from common decency.

[CondorFlight]

"And I suspect Nifong spent some of his time speaking with the District Attorney from DC (Georgetown)." And the DA in DC (Georgetown) is therefor an accomplice with Nifong, and a part of the criminal persecution (sic) that is going on in Durham.

[NeonKnight]

Does anyone thing for a second that these guys are doing it to see that Justice is done? These guys are easy targets.

Or he thought they were easy targets. Nifong did not expect national exposure. He and his staff are under a microscope now. In fact the entirety of Durham city operations is now on trial. The fractures will soon become evident to all. There have to be many in Durham who are quite unnapreciative of the exposure brought by Nifong.

[Ken H]

Timeline file thread

http://www.freerepublic.com/focus/f-chat/1698215/posts

[xoxoxox]

The Durham County Democratic Party.

The Durham Committee on the Affairs of Black People.

The Durham City Council, Mayor, and City Manager.

The North Carolina NAACP, headquartered in Durham.

The Durham County Bar Association.

The Durham Police Department.

North Carolina Central University and Law School.

**** What do all these entities have in common? ****

THIS AIN'T ABOUT NIFONG.

[Fido969]

And I suspect Nifong spent some of his time speaking with the District Attorney from DC (Georgetown).

IIRC, the judge made a big spectacle of herself in that case.

You can say it's just Nifong, but the whole justice system is rotten with this stuff.

[ltc8k6]

We kept hearing about all of the rape convictions obtained before DNA. How prosecutors don't need DNA. Now we see a lot of them being reversed due to DNA. Where is Nancy Grace?

[Ken H]

Here's a start on the Duke lax file system:

http://www.freerepublic.com/focus/keyword?k=dlx

[Ken H]

I've put up four test models of the file system. None of this is set in stone. Just think of them as collection bins for now and get the links in.

If you click on DLX in the keyword section, you'll bring up the files.

If you find the system practical, then feel free to create other file threads so people can start posting the links.

[Ken H]

Just discovered a no-no. Do not put DLX in other threads. That puts the thread into the file system.

[abb]

The one common keyword in all the post has been "DukeLax." Do we need to put that in the file threads?

[Jezebelle]

Great work, Ken. Thank you for doing that. It's going to be very helpful...........and interesting.