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To: Jezebelle; SarahUSC

Sarah, I know there could be a problem putting all four together at the same time, but that goes to proving the case. I was asking Jezebelle as an investigator [or ex-investigtor] whether she viewed what Nifong has makes a prima facie case.

I did not think so, but wanted to see her opinion. As you know I am not an attorney nor an investigator, so I am not sure what it takes to make a prima facie case legally.


507 posted on 10/13/2006 11:24:44 PM PDT by JLS
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To: JLS

A prima facie case means you have sufficient evidence, that unrebutted, proves a certain fact. This evidence, standing alone would compel a conclusion favorable to the prosecution if the defendant produces no evidence to rebut it. Basically this is enough evidence to get you past a motion to dismiss or motion for a directed verdict.

I don't think he has it because he has to have prima facie evidence as to every fact necessary to prove the elements of his case.

Nifong has an accuser with a rambling story and about as weak a medical report as you can get. The medical report certainly doesn't back up the accuser's story of a three person, three orifice gang rape. It doesn't support the notion that she was hit and kicked. He has no corroboration for her story - either eyewitness corroboration or physical evidence such as DNA. He has a big fat zero.


508 posted on 10/13/2006 11:55:58 PM PDT by SarahUSC
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