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To: Locomotive Breath
let's do some math. In a city of Durham's size, how many phone calls would you have to make, at one hour each, to substantially influence public opinion? And what would that cost?

I would guess a professional polling organization would be in the range of other professional services like lawyers, accountants, and so forth. Let's go cheap and say $100/hr. That's $30,000 right there.

125 posted on 09/20/2006 6:42:16 PM PDT by Ken H
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To: Ken H
http://durhamwonderland.blogspot.com/2006/09/cracking-up.html

[snip]

The odd item about Nifong's motion? His only affidavit about the poll's terms comes from . . . his wife. (Seeing that Nifong previously had his sister write in to defend his integrity, this seems to be part of a pattern for him.) I suppose next up will be an affidavit from his dog.

So, the DA is sending crank emails while his wife is detecting grand conspiracies of defense lawyers to undermine him. Just another week's work for Durham County's "minister of justice."

126 posted on 09/20/2006 7:06:35 PM PDT by Ken H
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To: All

DA asks judge to stop questioning tied to Duke lacrosse case

By SAMUEL SPIES, Associated Press Writer
September 20, 2006 7:39 pm

DURHAM, N.C. -- The district attorney prosecuting three Duke lacrosse players accused of rape asked a judge Wednesday to put a stop to defense polling of Durham residents about the case.

District Attorney Mike Nifong made the request in a motion filed in Durham Superior Court, saying the polling could damage the chances of a fair trial in the case and should stop immediately.

Lawyers for the three players responded by saying that the polling, which the defense conducted jointly, was legitimate and necessary in light of prejudicial public comments made about the case by Nifong.

"(The) polling was necessary to determine the extent and nature of that prejudice and other issues related to the defendants' jury trial rights," defense lawyers wrote in a response released to reporters within an hour of Nifong's filing. "The polling was scientifically conducted, limited to 300 interviews and terminated thereafter."

Lawyers on both sides in high-profile cases frequently use surveys, focus groups and consultants to fine-tune courtroom strategies and jury selection.

The Duke case stems from a March 13 incident at an off-campus house in which a woman told police she was sexually assaulted by three men in a bathroom after being hired to perform as a stripper at a lacrosse team party. A grand jury later indicted three players with rape, kidnapping and sexual offense; defense attorneys have strongly proclaimed their clients' innocence.

Nifong's motion included an affidavit by the district attorney's wife, Cy Gurney, who said she received a call on the evening of Sept. 11 in which a surveyor asked about attitudes in the community and the lacrosse case.

In her affidavit, Gurney said the person who questioned her about the case asked how likely she would be to believe a stripper who said she was raped and whether she believed Durham investigators conducted an unfair lineup of suspects in the case.

"My overall impression was that the purpose of the survey was not to assess community attitudes about this case, but rather to bias or influence potential jurors toward a pro-defendant/anti-prosecution point of view," the affidavit said.

The defense's response noted that the players' lawyers had previously told the court and Nifong that they intended to conduct polling on the case and that similar polling by defense lawyers has been approved by the state Supreme Court in the past.

Nifong's motion said the survey was conducted by Central Research Services Inc., a research firm with offices in New York. The company did not immediately respond to a telephone call Wednesday seeking comment.

A second motion filed Wednesday by Nifong asks the court to pay for a toxicology test for the drug Ecstasy that was done on a hair sample from the accuser.

In the motion, Nifong said he was told in April by a defense attorney representing an unindicted player that the accuser was on Ecstasy the night of the party, but that the accuser has said she never knowingly took the drug, also known as MDMA.

The motion did not disclose the results of the tests, which were conducted July 24 and faxed to Durham investigators two days later.
URL for this article: http://www.heraldsun.com/state/6-771569.html


127 posted on 09/20/2006 7:09:18 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Ken H

It will not be $100 per hour professionals - more likely grad students at $30-50 plus a margin. But this is hardly the issue. Nifong would have to show that the sample size was material and would compromise the jury pool - an efficient sample size is around 450, leaving around 99,500 in the jury pool!! It would be easy for the judge simply to ask who in the jury pool had been polled. End of story.
This is pure Nifong spin. Remember he is still in an election fight and needs to be seen by at least is core constituency as a "victim".


149 posted on 09/21/2006 5:06:01 AM PDT by bjc (Check the data!!)
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