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.
http://media.www.dukechronicle.com/media/storage/paper884/news/2006/09/22/News/Defense.Pushes.Nifong.For.Specifics.In.Lacrosse.Case-2304339.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com
Defense pushes Nifong for specifics in lacrosse case
Several items stand out about that affidavit:
1. The questions asked are fair and straightforward. The affiant lays opinions on thick, characterizing it in a sinister way, but the questions themselves are simple and factual.
2. The affiant is an activist of some sort. There is a lot of opinion and feelings about how terrible defense attorneys are and how wonderful Nifong is but little in the way of facts. If the affiant reflects the Durham jury pool, man that city's got big problems. Frankly, what the affidavit shows is that Nifong did, in fact, poison the jury pool at the beginning because the affiant has a strong opinion formed since April.
3. The questions submitted under seal to the judge will end this. Defense counsel notified the court and the Fong about it in August. The point is to review a change of venue motion. It really doesn't matter; what does the Fong propose the court do about it now? Does he really want to get into a tit-for-tat on poisoning the jury pool?
4. If this is the best the Fong has got, he will make Snapper Garrison look like hte model prosecutor.
Question for our Freeper gang: If there is a change in venue, will the Fong be the prosecurot or will it be sent to someone else.
SATURDAY, SEPTEMBER 23, 2006
The Exit, Return and Five-Minute Theory
In court on Friday DA Nifong's most startling revelation was his new speculation that the entire three-person three-orifice assault "probably took about five minutes, 10 minutes at the outside." This dramatic revision of the 30 minute assault claim filed in sworn affidavits on March 16th, March 23rd, March 27th, and April 18th is intended to accomplish several things for the prosecution, but none more important than accounting for the Seligmann's alibi.
This alibi has been documented extensively and is succinctly presented in a graphic by the News & Observer.
[end excerpt]
Kimberly Guilfoyle's Line Up was nauseating. Where do they find these idiots? The first guy on there said the BOP was denied but didn't mention it could be revisited. He said some more garbage basically saying Nifong won on everything and he made the other lawyers look like amateurs. Then came the rest of the panel with one of them saying this poll was common practice. Then the black DA said it could bad for the defense. The lawyers involved could be sanctioned and possibly kicked off the case. They then motioned the 5-10 theory and said it makes more sense and the defense might be in trouble. I swear, this is the reason I am scared to death for these kids. No cameras in the court room and the talking heads think they can pull this garbage.
mark
SUNDAY, SEPTEMBER 24, 2006
Herald-Sun: We Conceal, You Decide
John Stevenson, author of August's borderline fraudulent article on DNA and the case, was back at work in yesterday's Herald-Sun. Perhaps chastised by the strong criticism his last major effort received, Stevenson adopted a subtler approach in his latest piece" burying the lead, prioritizing Mike Nifong's message, and concealing critical information.
[end excerpt]
I saw a bit of Guilfoyle's show tonight flipping through the channels to various ball games. FNC really should be ashamed they can not get a better host for that show than her.
1. If they think she is a host that knows anything, they are wrong.
2. If they think she is eye candy, they are even more wrong.
http://www.renewamerica.us/columns/gaynor/060923
Duke case defense, respect Durhamites
http://www.news-journalonline.com/NewsJournalOnline/Sports/Headlines/sptGOLFW01092406.htm
Focused Devils up to 3rd
Where is the N&O's promised article "Who is Mike Nifong? Who is the man driving the Duke lacrosse case?"
Kim Brumell's letter sounds like she had one too many. Or is it an attempt at satire? Whatever, someone not too bright wrote it.
a very good question. wonder if the fonger "leaned" on melanie?
Consent Protective Order
http://hometown.aol.com/VIP%20PASSES/cspo.pdf
(from a post on the liestoppers board discussion)--
Heads up:
Don't forget to write your local radio and tv talk show hosts about the case.
If they have not been following it except through the MSM,
most of them will have NO IDEA of the arrests taking place in Durham, the witness intimidation, the criminal oligarchy which runs Durham, etc. They will NEVER FIND OUT if they have only the MSM to rely on.
There are hundreds of these local hosts; and there are also hundreds of local opinion columnists in newspapers. Email a couple of them and tip them off to what's going on and where they can find out more about it.
(There will be no fire until somebody lights a match.)
NATIONAL RADIO HOSTS
http://www.hannity.com/index/contact-form
http://www.reagan.com/contact.php
http://www.michaelmedved.com/askmike (short questions only, 750 words max)
LOCAL TALK SHOW RADIO HOSTS
dcarson@fisherradio.com
depetro@wrko.com
sykes@620wtmj.com
bigbadjohnlund@earthlink.net
quinn@sgi.net
tom@blowmeuptom.com
roger@regularguy.com
madashell@outrageradio.com
info@theamericanvoice.com
roger@rogerhedgecock.com
chuck@chuckbaldwinlive.com
pov@pointofview.net
dss@dickstaub.com
jill7@cox.net
geoff@geoffmetcalf.com
bill@BILLPRESS.COM
Mayriec1@msn.com
NATIONAL PRINT MEDIA
joseph@sobran.com
writemalkin@gmail.com
Mickey_Kaus@msn.com
fdionisio@worldnetdaily.com
david@davidsirota.com
LOCAL PRINT MEDIA
abock@ocregister.com
jfensterwald@mercurynews.com
dpostman@seattletimes.com
sylvesterbrown@post-dispatch.com
rrosario@pioneerpress.com
andrea.peyser@nypost.com
joe@joeconason.com
ccrawford@cq.com
pinkerto@ix.netcom.com
Richardreevesweb@aol.com
msneed@suntimes.com
james@jameswolcott.com
dana.parsons@latimes.com
jackson@globe.com
katkins@bostonherald.com
cptime@aol.com
chappy22@gmail.com
jsullum@reason.com
bwarthen@thestate.com
nfinley@detnews.com
dgrow@startribune.com
dholwerk@sacbee.com
bbjr@desnews.com
COURT/JUDGE WATCH
badjudge@judgewatch.ourfamily.com
VictoryUSA@jail4judges.org
CourtWatch@EagleForum
info@judicialwatch.org.org
Judical complaints for North Carolina
Deborah R. Carrington, Executive Secretary
Judicial Standards Commission
P.O. Box 1122
Raleigh, NC 27602
(919) 733-2690
FAX (919) 715-4703
NET NEWS
powerlinefeedback@gmail.com
captain@captainsquartersblog.com
MISC.
publiceye@cbs.com
watchdogreport1@earthlink.net
leerodgers@abc-sf.com
SUNDAY, SEPTEMBER 24, 2006
Nifongian Mathematics
[snip]
To help determine which of Mr. Nifong's statements was false, we've compiled the following "brief" list of DA Nifong's television appearances, newspaper interviews, public appearances and press releases. Please note: this list is incomplete and does not include all of Mr. Nifong's public statements before and after April 1 with regard to the Duke Hoax.
[end excerpt]
http://www.webcommentary.com/asp/ShowArticle.asp?id=gaynorm&date=060924
Duke Case Defense, Respect Durhamites
OK, guys, President Bush and Richard Brodhead were classmates at Andover academy (class of 1963) and Yale :
http://www.yaledailynews.com/Article.aspx?ArticleID=15802
(from 2001)
The president graduated in the same class as Yale College Dean Richard Brodhead. With both showing a penchant for Sterling Memorial Library, and its comfortable couches, Bush said he and Brodhead had a mutual understanding.
"Dick wouldn't read aloud, and I wouldn't snore," Bush joked.
Timet to start emailing the White House!
I don't think Bush is going to do a thing about this. Not at this point anyway.
I wouldn't rule him out for the future though. Jimmy Carter pardoned Patty Hearst. If anyone is actually convicted in this non-case, Bush and a Presidential pardon could be a last resort although I pray to Christ it doesn't come to that.
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