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Nifong to give up more documents to defense (DukeLax)
Durham Herald-Sun ^ | October 27, 2006 | John Stevenson

Posted on 10/27/2006 5:00:15 AM PDT by abb

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To: Locomotive Breath
Activity here. Monks campaign advisor being pressed for details of their questionable poll -

http://durhamwonderland.blogspot.com/2006/10/sunday-roundup.html

341 posted on 10/29/2006 5:52:55 PM PST by Ken H
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To: Jezebelle
I keep wanting to ask if Durham doesn't need a city cultural initiative.
342 posted on 10/29/2006 6:03:16 PM PST by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

If I owned real estate in Durham I would sell the first chance I got a reasonably good offer.

If I were a business owner looking to relocate, I would strike Durham off my list. Probably Raleigh also.


343 posted on 10/29/2006 6:15:16 PM PST by ladyjane
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To: Locomotive Breath

Yep, he hit the nail on the head with that one and they sure didn't like it. Their pious attitude regarding revealing the false accuser name makes them appear rather dumb in my opinion. There is no longer any doubt that she was not a victim in any way, but they still hold out hope I guess.


344 posted on 10/29/2006 6:32:09 PM PST by Hogeye13
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To: Locomotive Breath

Durham needs an enema.


345 posted on 10/29/2006 6:41:44 PM PST by helloitsme
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To: Locomotive Breath

"I keep wanting to ask if Durham doesn't need a city cultural initiative."----

Festival a celebration of oneness

BY GREGORY PHILLIPS : The Herald-Sun, Oct 28, 2006 : 9:16 pm ET

DURHAM -- It may not be the biggest festival in town, but the event put on by Southwest Central Durham Neighborhoods on Saturday afternoon is surely one of the most heartfelt.

"We call it a commUNITY festival," said David Ross, one of the organizers of the event at Lakewood Shopping Center on Chapel Hill Road. "We're hoping to bring all the ethnic groups in the neighborhoods together in a spirit of mutual appreciation." -jump-

The festival doubled as the culmination of Make a Difference Day, in which teams of volunteers worked on neighborhood cleanup and improvement projects in the surrounding neighborhoods. Volunteers who had been hard at work all morning got a free lunch and the chance to soak up the atmosphere.

http://www.heraldsun.com/durham/4-782815.html

111 join forces to spruce up, assist the community at Make a Difference Day

BY GREGORY PHILLIPS : The Herald-Sun, Oct 28, 2006 : 10:34 pm ET

DURHAM -- The band of 111 volunteers spread across southwest central Durham on a bright Saturday morning cited myriad reasons for being involved, but they all had the same goal.

"We're just trying to make a difference in our community, building relationships," explained the Rev. Duane Hoskins of Durham Community Land Trustees, one of the agencies behind the second-annual Make a Difference Day in Durham. -jump-

UNC senior Joey Horne got involved in the effort through a service learning class and dragged along his roommate Daniel Lim, an exchange student from Singapore.

"I thought this would be a great opportunity to get to know this area and do some community service," said Lim, who had never been to Durham before.

"It's been quite an eye-opener," he said as he and Horne picked up trash along Chapel Hill Street. "I would have expected the streets to be more ... organized. Hence the need for this project."

http://www.heraldsun.com/durham/4-782817.html


346 posted on 10/29/2006 7:54:26 PM PST by xoxoxox
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To: Jezebelle
I worked for a metropolitan DA's office for thirty-two years. Based on that experience, it's my opinion that a vastly larger number of people beat the rap than there are those who get railroaded

Criminals tend to do better with the "Justice Syetem" than innocent people.

347 posted on 10/29/2006 7:58:18 PM PST by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
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To: xoxoxox; abb; abner; Alia; AmishDude; AntiGuv; BerniesFriend; beyondashadow; bjc; Bogeygolfer; ...

Breaking right now.......ABC11 reports that the second dancer will disclose more BOMBSHELLS on ABC' Good Morning America tomorrow morning.

Said to be "devastating" to the prosecution.

348 posted on 10/29/2006 8:07:50 PM PST by Howlin (Why Won't Nancy Pelosi Let Louis Freeh Investigate the Page Scandal?)
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To: Howlin
Said to be "devastating" to the prosecution.

It's hard to imagine anything more devastating than what has already occured.

If it weren't happening to a bunch of innocent kids, it would be a really funny joke.

L

349 posted on 10/29/2006 8:09:40 PM PST by Lurker (“A liberal thinks they can sleep in, and someone will cover their lame ass.” Ted Nugent)
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To: Howlin

It's beginning to look as if someone has an "October surprise" for Nifong. I hope so anyway.


350 posted on 10/29/2006 8:12:04 PM PST by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: Howlin

TFTP! I hope someone here has the stomach to watch that show and post the gist of what was said.


351 posted on 10/29/2006 8:12:29 PM PST by secret garden (Dubiety reigns here)
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To: Howlin

Dang! I hope I can wake up that early.


352 posted on 10/29/2006 8:16:22 PM PST by F.J. Mitchell (Look for a Elephantastic party win ,so painful the dims charge us with abusing jackasses.)
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To: Ken H

Originally published in Herald Sun on October 29, 2006.

What happens next in the lacrosse case?
by Robinson O. Everett

What is going to happen next in the Duke lacrosse rape case? Here is my summary of some of the possible events.

Until recently when I saw the “60 Minutes” program, I thought the least probably alternative would be for District Attorney Mike Nifong to dismiss the charges against the three defendants before trial. However, the information presented by CBS – especially the comments of the second dancer – certainly makes the case against the players seem shaky. With that in mind, Nifong might choose to rethink the suggestion I made several months ago [Herald Sun, May 25], that he ask the claimed victim to take a lie detector test and, if she refused or took the test and flunked, then drop the case. Admittedly, to dismiss the charges at this point late date would seem like an admission of error on Nifong’s part, but that might be better than a long trial and a likely acquittal or hung jury.

Perhaps, the accuser – especially if she saw “60 Minutes” – might decide that a trial would be unduly stressful for her and she might request Nifong to dismiss the charges. Admittedly, gag orders and rape shield laws are intended to reduce the possibility that a woman who has been raped will choose not to file a complaint or will ask that charges be dismissed; but even so, in some instances a rape victim might choose not to undergo the ordeal of a trial.

If the accuser were to request Nifong to dismiss the charges, he would face a dilemma. He would not wish to inflict additional trauma on a female whom he believes has been victimized; but he might feel that there is a strong public interest in assuring that allegedly rapists are brought to trial.

Moreover, if Nifong dismissed the charges at this stage, he would undoubtedly be criticized, for not having done so months ago. Thus, unless he can explain that new information has recently come to him (such as lie detectors results raising questions as to the accuser’s credibility or new information revealed on the “60 Minutes” program that contradicts what the accuser told herself), he will probably conclude that it would be better to go ahead with the trial. If Nifong were to be defeated in the November 7 election, his successor might choose to dismiss the indictments; but he would probably be deterred from doing so by the likelihood of criticism for “being insensitive to the right of women and African-Americans.”

I have heard comments that Nifong should request appointment of a special prosecutor. That he would do so at this point seems implausible because this decision would be construed by many as an evasion of responsibility. Also, there would be additional delay in getting the special prosecutor up to speed. Likewise, if Nifong were defeated in November, his successor would probably hesitate to request a special prosecutor and would feel a responsibility to handle the charges.

If the case proceeds to trial, where and when will that occur? All the alleges crimes occurred only in Durham County, where the grand jury indicted the three defendants. The district attorney has no discretion to move the trial away from Durham. On the other hand, the defendants may choose to seek a “change in venue” – a transfer of the trial to another North Carolina county. Apparently defense counsel jointly contracted for a recent survey to help determine whether a jury selected from Durham County would be biased against the lacrosse players. (Amazingly, Nifong’s wife was among those polled). In view of the national media coverage, it is likely that whatever the results of the survey, Judge Osmond Smith – the trial judge – would be skeptical that transferring the trial to a different county would enhance its fairness.

In guest column in mid-summer I urged that District Attorney Nifong bring the case to trial promptly – preferably before November 7 election. Although I still believe that my suggestion was not unrealistic, I recognize that the extensive pretrial discovery process made some delay necessary. If trial occurs in Durham, it probably could not start until January 2007. In the unlikely event that the venue was changed to another county, March or April, 2007 would probably be the earliest start time; and if a new district attorney takes over, some additional time might be necessary to prepare for trial.

A trial jury selection will present problems wherever or whenever the case is tried. In view of the massive media coverage, it is unlikely that here in Durham a prospective juror can truthfully say that he or she has nor formed an opinion as to the guilt or innocence of the defendants. Nonetheless, with suitable “coaching” from the judge and counsel, many of the prospective jurors will probably say that they can put aside any opinions that they have formed and, if selected as jurors, will decide the case solely on the evidence. In that event they are likely to survive the challenges for cause.

The prosecutor and the defense counsel will also have a number of peremptory challenges – challenges for which reason or explanation is required. However, the Supreme Court has ruled that a peremptory challenge cannot be motivated by race or gender. In this case, if defense counsel peremptorily challenge some African-American jurors, the prosecutor may raise an issue as to the presence of an improper racial motive; and vice versa, if the prosecutor challenges white jurors on the basis of race. However, in either event, the attorney making the peremptory challenge will persuade Judge Smith that no racial motive exists to the challenge.

We already know what most of the evidence will be at trial. No one can predict with certainty what a jury will decide on such evidence; but I must admit that if all – or any – of the defendants are convicted, I shall be surprised.

The writer is a professor of law at Duke University.

http://friendsofdukeuniversity.blogspot.com/2006/03/expired-documents-2.html#c116215826595135506

[For the record]


353 posted on 10/29/2006 8:19:53 PM PST by xoxoxox
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To: Lurker
It's hard to imagine anything more devastating than what has already occured.

Isn't that the truth!

354 posted on 10/29/2006 8:21:26 PM PST by Howlin (Why Won't Nancy Pelosi Let Louis Freeh Investigate the Page Scandal?)
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To: F.J. Mitchell

I'll be up on my way to Capital Ford, dang it!

You all take good notes!


355 posted on 10/29/2006 8:22:38 PM PST by Howlin (Why Won't Nancy Pelosi Let Louis Freeh Investigate the Page Scandal?)
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To: xoxoxox
The DA race of the century has its finish line in sight

Interesting - the Durham race of the century because it's the Durham case of the century.

When the N&O started backpedaling on their coverage of The Hoax, many posters to the editor's blog demanded that they cover all the little quirks in the case. Melanie looked down her nose and sniffed an excuse that after all, this WASN'T the "case of the century".

356 posted on 10/29/2006 8:27:15 PM PST by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
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To: Howlin
Well this should be interesting

As it is .. the idiot DA should lose his law licenses
357 posted on 10/29/2006 8:32:28 PM PST by Mo1 (GET OUT AND VOTE - SAY NO TO DEMOCRATS)
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To: Howlin

What to do???

Go to bed or wait up? LOL!


358 posted on 10/29/2006 8:33:30 PM PST by Protect the Bill of Rights
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To: Protect the Bill of Rights

-- Second dancer's BOMBSHELL ----

"Said to be "devastating" to the prosecution."

We already know everyone's lying ten different ways.

Could it be the GOOD stuff?

Who is sleeping with who?

Who is extorting who?

Who is framing who?

Many, many possibilities in wonderland.


359 posted on 10/29/2006 8:36:21 PM PST by xoxoxox
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To: xoxoxox

That is what I'm hoping!

Kim has been around the block a time or 2 (90, 100). I do not like her. She is in it for Kim and Kim alone.

But I'll giver her this, she's tough.

Cross her (Precious and Nifong come to mind) and she will be your worst nightmare until it snows in hell.

My God I hope it is the good stuff.


360 posted on 10/29/2006 8:39:51 PM PST by Protect the Bill of Rights
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