Posted on 09/22/2006 1:20:40 PM PDT by Howlin
Three Duke lacrosse players took five to 10 minutes to sexually assault a woman hired to perform as a stripper at a team party, and not the 30 minutes she originally described to investigators, a prosecutor said Friday. "When something happens to you that is really awful, it can seem like it takes place longer than it actually takes," District Attorney Mike Nifong said.
Nifong's comments came as Superior Court Judge W. Osmond Smith III denied a defense request that prosecutors provide a detailed accounting of the alleged assault, including the exact time, place and type of sexual act the accuser said each defendant committed.
A grand jury has indicted three lacrosse players _ Reade Seligmann, 20; Collin Finnerty, 19; and David Evans, 23 _ on charges of rape, kidnapping and sexual offense. The accuser, a student at nearby North Carolina Central University, told police she was raped in a bathroom by three men at a March 13 off-campus party. Defense attorneys have strongly proclaimed the players' innocence.
Kirk Osborn, who represents Seligmann, said the defense needed the "bill of particulars" because the accuser has told several different versions of the alleged assault, and his client has a right to know which version prosecutors will present at trial. In search and arrest warrants issued early in the investigation, police stated the accuser told investigators she was assaulted for 30 minutes.
Nifong said he is not required to state the exact time of the alleged attack, but offered that authorities believe it took place between 11:30 p.m. on March 13, when the accuser arrived at the party, and 12:55 a.m. on March 14, when police arrived and found no one at the house.
Friday's hearing was the first since Smith was appointed to take over the case, and it was scheduled to continue Friday afternoon.
Before the hearing began, Nifong gave defense lawyers 615 pages of evidence, a compact disc and a cassette tape. He said it included much of what was requested by defense lawyers, who had asked for handwritten notes from police officers involved with the case, reports outlining procedures used at the labs that tested the DNA of the players and notes from a mental health facility where police took the accuser after the party.
After a night's sleep and a chance to scan all the blogs and bb's, I think we won a significant victory yesterday. Think about it - what's the lede? "Thirty minute rape changes to five minutes." Nifong's flip-flopped and still can't say when or where it happened and who did what to whom. Before, the FA looked like the fool with all her different accounts of the hoax. The Fonger now looks like a bigger hoaxer than the FA. And he did it in public.
As far as Judge Smith, yesterday's hearing was a opportunity for him to really see who has what. The Fonger still ain't got squat and Smith knows it. But Smith, politically, had to give Nifong his opportunity. Smith will cut Nifong to pieces at the next hearing on Oct 27. He could hardly do that at the first hearing he presided over, I would think.
In my opinion, Smith's denial of the BOP is no biggie. He invited the defense to refile the motion at a later date. To me, that's a tacit admission he'll grant the motion then.
Our side is better of than we were Thursday, IMO...
abc11 forum gossip, FWIW ;-D
roper53668
The word on the street is that the Defense attorneys have transcripts and recordings of the interview with Nifong's wife, and that they will be able to prove that she has lied about the nature and content of the interview.
Another lie for Nifong to sweat about.
Posted: 9/22/06 2:46 PM
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Durhamite27707
Believe it or not, I also got a survey call last weekend from the same firm. The descriptions that I've read are extremely accurate and jibe with my own experience. The call was presented as a survey, but the questions were being presented in a way that seemed to imply an answer. The woman taking the survey was clearly responding directly to my concerns rather than reading from a prepared script. I also had concerns that the answers were not being recorded. When I said that I was not comfortable answering the questions without all of the information about the case (for example, "Do you think this woman is telling the truth?"), the woman on the phone spent over 5 minutes reading me the "facts" of the case and then she said the survey was over. It was a very strange "interview" indeed.
By the way, I have no affiliation with Duke, NCCU, or the District Attorney's office.
Posted: 9/21/06 6:47 PM
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try_ton_x
... well if she is in hiding she should not be dancing at The Platinum club over in Hillsborough like she is still.
(wink) i shouldn't know these kinda things should i?;)
Posted: 9/20/06 11:50 PM
At a glance, looks like Bill Clinton.
I am not holding out much hope that this judge is going to cut Mike up on the 27th. Also that is 11 days before the election. I am afraid Nifong is going to get away with all this and get reelected.
He may get re-elected, but he's not going to get away with this. He's got a huge PR problem now. And this is, and always was, a trial by media. As long as this thing drags on, North Carolina and its judicial system looks like a bananna dictatorship. This will bring HUGE political pressure on the Fonger to make it go away. The Rufus clown on Court TV yesterday said as much, and as he's a former Attorney General, he's likely plugged in to the system.
THIS HOAX WILL BE PUT TO REST IN THE COURT OF PUBLIC OPINION, NOT A COURTROOM.
If he wins the election what is going to happen to him?
disbarrment and possible jail time, imo
http://www.renewamerica.us/columns/gaynor/060922
JUDGE OSMOND SMITH MODIFIED JUDGE KENNETH TITUS'S GAG ORDER, UNGAGGING POTENTIAL WITNESSES (INCLUDING THE DUKE THREE) TO SPEAK TO THE MEDIA ABOUT THE DUKE CASE. Cause for celebration for the Duke case defense, "60 Minutes," the people of Durham County, North Carolina and free speech supporters. Calamity for Mr. Nifong and his dwindling supporters:
(snip)
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This is an interesting developemnt. Not only are the three accused allowed to speak to media, other potential witnesses are ungagged. This has the potential for an October surprise, or two. ;)
Not gonna comment on that at all. Nope, you're not going to get me to say anything about that. Forget it! :-)
AFAIK, none of the other news sources have reported this. Our own abb asks Melanie:
09/23/06 at 09:38
Liestoppers.Blogspot is reporting this morning that the Durham Police Department has destroyed evidence in the DukeLax Rape Hoax case. They had a reporter at the hearing yesterday.
What do you people know about this? What did you see/hear about this?
Let us know how Melanie responds, would you?
Will do.
Thanks for the link.
Let me get this straight regarding polling affidavit #2 ...
Polled on 9/02/06
Gives DETAILED affidavit on 9/21/06
Unfamiliar with Duke LAX case, doesn't watch news because of influence on his/her children
Just happened to watch FOX News on 9/21/06, and just happened to catch report that Nifong's wife was polled
Called Nifong's office, talked to Wilson, offended the survey was conducted by DEFENSE ATTORNEYS.
Can't now be an impartial witness, was convinced by pollster they were innocent.
Doesn't want name released for fear they will be harassed by the media and DEFENSE ATTORNEYS.
Guess it's okay to be harassed by Nifong & company. Can you smell AGENDA?
What bullsh!t.
Look in the link at screening question number 3. Certainly Mrs. Nifong knows that she is not eligible to serve on the jury of a case her husband is prosecuting. So she lied to the survey company. That of course is not illegal, but seems to be a family trait.
Great summary - especially the last sentence. : )
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