http://www.newsobserver.com/1185/story/497356.html
Defense files motion in lacrosse case
By Benjamin Niolet, Staff Writer
DURHAM — Lawyers for an indicted Duke University lacrosse player want to know what, if anything, the accuser told District Attorney Mike Nifong about her allegations of rape.
Lawyers for Dave Evans sent a letter to Nifong today saying that they are entitled to a report of anything the woman told Nifong about the facts of a March party where the woman said she was raped by Duke lacrosse players. In a recent court hearing, Nifong agreed that under state law, he would have to hand over a written report recounting anything the woman said about the incident. But Nifong told the lawyers in a hearing last month before Superior Court Judge W. Osmond Smith III, that he had no statements to hand over.
More than 2,000 pages of evidence turned over to the defense contain no record of the woman telling Nifong the facts of the case. But in a letter delivered today and filed in court, lawyers Joseph B. Cheshire V and Bradley Bannon say they believe that she has talked to Nifong.
In a motion Nifong filed Sept. 20, Nifong wrote that the woman told him that she had not taken the drug Ecstacy on the night of the party.
“The necessary implication is that, as of the date of our hearing before Judge Smith, you had spoken with [the accuser] about the facts of the case,” Cheshire and Bannon wrote in the letter.
The News & Observer generally does not identify complaining witnesses in sexual assault cases.
The lawyers also cite a story from the Durham Herald-Sun this week in which the chairman of a political action committee said that during a campaign endorsement interview Nifong said that he was the “only one that’s interviewed this victim.”
In an interview with the News & Observer, David Smith, the chairman of the Friends of Durham, said Nifong did not say much about the case when he sat for an interview with members of the group.
“What he said was he is the only person who has talked to the victim,” Smith said.
Nifong was out of the office at a conference and could not be reached today.
The account of that night by the woman will likely be Nifong’s most important piece of evidence at trial. Written reports contain several conflicting accounts that the woman told police about that night. Lawyers representing the three players say her story is false and that no rape or assault occurred.
Staff writer Benjamin Niolet can be reached at (919)956-2404 or bniolet@newsobserver.com.
I met with her and didn't speak about the case.
I never spoke to her about the case.
I'm the only one that has interviewed her about the case.
That's a good catch by Cheshire. If Nifong asked Precious whether she took ecstasy that night then he was discussing the facts of the case with her. Oops. Nifong's lies are catching up with him.
I like the part about Nifong being out of the office at a conference and unavailable for comment. He may have to go underground permanantly before this is over.
Until a judge forces the issue, we can expect Nifong to continue to lie. Was Judge Smith copied on the letter? The article suggests a motion, bit only mentions the letter. Did I miss something?
In a case this complex, it is beyond credibility to believe that Nifong, who is going to personally prosecute this case, would not have any notes or reports. Once again, this smells.