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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: Neverforget01

Jurors still undecided in home invasion trial

By John Stevenson : The Herald-Sun, Oct 26, 2006 : 8:21 pm ET

DURHAM -- Jurors deliberated all afternoon Thursday without reaching a verdict on whether Thaddius Wright participated in a northern Durham home invasion in which a man was seriously wounded and a dog was shot dead.

Deliberations will continue today.

Wright is accused of first-degree burglary, attempted murder, cruelty to animals and felonious speeding to elude arrest as a result of the November 2004 incident at Foxfire Apartments.

Rueben Garnett shared an apartment with his paraplegic cousin, the cousin's girlfriend and a dog named Jigger. Garnett was shot four or five times in the midsection and the dog was killed by intruders who barged into the residence with guns blazing.

Garnett testified that he could not identify the gunmen.

In a confession, Wright admitted he went to the apartment with two others and helped kick the door open. But he said he ran back to a car before the shooting started.

Prosecutor Stormy Ellis hopes to convict him of all the crimes under a legal theory known as "acting in concert." It holds that someone who shares a "common scheme, plan or purpose" with a criminal is as guilty as the actual perpetrator.

"If you run with the pack, you're responsible for the kill," Ellis told jurors in a closing argument Thursday. "There is strength and bravado in numbers. This is about three men plotting and committing a serious crime, a serious crime against man and beast."

After the home invasion, the three suspects led police on a chase from Durham to Hillsborough and back at speeds of up to 80 mph, Ellis said.

The chase ended when a van collided with the suspects' car at Roxboro and Horton roads. Ellis said officers had to pull Wright from the wrecked car because he "was not getting out."

The officers found a gun near where Wright had been sitting in the rear passenger area, Ellis added.

But defense lawyer Woodrena Baker-Harrell said in a closing argument that Wright's confession was not believable.

She cited evidence that Wright gave officers a false name as he made the statement, calling himself Lee Hawkins.

"He lied," Baker-Harrell said. "He even lied about his name. You think that's the only lie in that statement? That confession is not worth much of anything.

She conceded Wright was in the car but that it wasn't established that he went with the others into the apartment.

"We don't have him in that home," she said. " Mr. Wright was not the shooter. He wasn't the driver. He wasn't part of the plan. That's why Mr. Wright is not guilty."

http://www.heraldsun.com/durham/4-782264.html

* Typical Durham jury trial. Mountains of evidence. Dead bodies and lengthy rap sheets. Everybody's lying.
Who is the jury to believe? This thug may walk. These trials don't take long though.


41 posted on 10/27/2006 8:17:43 AM PDT by xoxoxox
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To: abb

Nifong says he didn't talk to accuser in rape case

By Michael Biesecker, Staff Writer, N&O, Published: Oct 27, 2006 11:15 AM

DURHAM -- Durham District Attorney Mike Nifong said today that he has had no direct discussions with the accuser in the Duke lacrosse case about what happened to her the night she says she was raped.

The statement came at a pre-trail hearing where lawyers for the three lacrosse players charged with rape and assault had asked a judge to order Nifong to produce notes about his conversations with the woman as part of the discovery information prosecutors are to provide to the defense.

Nifong and Durham police detectives met with the accuser April 11 to discuss the mechanics of how the criminal case would proceed, but the woman was still too distraught to talk about what had happened to her at a March 23 party where she was hired to dance. The News & Observer does not typically identify the alleged victims of sexual assault.

"She probably did not speak 15 words," Nifong said of the woman's emotional state. "She had trouble making eye contact. She looked like she was going to cry."

Besides that meeting, Nifong also disclosed a phone call he made to the accuser after an attorney for an unindicted lacrosse player told him the woman had been using the drug ecstasy the night of the party.

"I asked her if she was taking ecstasy that night and she said, 'I have never taken ecstasy in my life,'" Nifong said.

Other than that, Nifong said he had only talked with the accuser to check in on how she and her children were doing. There was no further information to provide to the defense, Nifong said, because there was no further information to give. But even if there were such information in his possession, the prosecutor argued he might not necessarily be required by state law to disclose it.

"She was still too traumatized for any meaningful discussion to take place," Nifong said of the April 11 meeting with the accuser. "They seem not to be satisfied by that, but no matter how many times they ask the answer will be the [same]" sic.

http://www.newsobserver.com/1185/story/503439.html


42 posted on 10/27/2006 8:33:44 AM PDT by xoxoxox
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To: xoxoxox

Maybe if the Duke 3 confessed as Adam, Brett and matt, the confessions would be thrown out because they "lied " about their names. Mind boggling. Get arrested, give a phony name, confess and then the confession isn't "believable."


43 posted on 10/27/2006 8:38:29 AM PDT by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: Neverforget01

"She probably did not speak 15 words," Nifong said of the woman's emotional state.

"She had trouble making eye contact. She looked like she was going to cry."

"She was still too traumatized for any meaningful discussion to take place," Nifong said of the April 11 meeting with the accuser.

* So the DA is a psychiatrist, also. With 27 years experience
he must be an expert on the workings of the criminal mind.


44 posted on 10/27/2006 8:53:03 AM PDT by xoxoxox
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To: abb

Do you know what time the hearing is today? We got into Durham late last night (snowstorm in Denver made it hard to get out). We haven't had much time to get a feel for what's going on except my son came over to eat with us (at 10:30 pm) and was wearing a blue "innocent" bracelet. Good boy!


45 posted on 10/27/2006 8:54:02 AM PDT by luv2ski
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To: luv2ski

scroll up


46 posted on 10/27/2006 8:58:24 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: luv2ski

Please tell the other parents that they can divert their annual giving directly to Dr. Baldwin for use in his research. All they have to do is call the Chair of the Chemistry department and tell him that they want to make an unrestricted gift.

I wish I had the time and resources to make up a flyer and distribute at parent's weekend. I'd love to see the Annual Fund take a big hit and have it end up supporting Dr. Baldwin's research.


47 posted on 10/27/2006 8:59:25 AM PDT by Locomotive Breath (In the shuffling madness)
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To: xoxoxox
"She had trouble making eye contact. She looked like she was going to cry."

I'm not a psychiatrist, but as a parent of three, not making eye contact would assure me I wasn't getting the whole story.

48 posted on 10/27/2006 9:01:49 AM PDT by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: Neverforget01

The woman was too distraught on April 11 to talk about the rape, but she was able to continue poll dancing?


49 posted on 10/27/2006 9:08:46 AM PDT by CondorFlight
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To: CondorFlight

I hear pole dancing is very therapeutic (/sarc)


50 posted on 10/27/2006 9:10:27 AM PDT by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: All

Now let's see here - the prosecuting attorney never interviews the complaining witness? What the hell?


51 posted on 10/27/2006 9:12:01 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

More updated quotes :

"Defense attorneys expressed doubt that Nifong was providing a full account of his communications with the accuser, with a lawyer for one of the players saying the district attorney's response seemed to "stretch the bounds of credulity."

"Then report me to the state bar, if he is accusing me of not telling the truth," Nifong fired back."


52 posted on 10/27/2006 9:12:51 AM PDT by CondorFlight
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To: abb

Doesn't inerview either the complaining witness or the accused--One hell of a DA!


53 posted on 10/27/2006 9:13:47 AM PDT by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: Neverforget01

The whole story was that there was no rape and she couldn't ID anyone so she had to put on an act.


54 posted on 10/27/2006 9:14:34 AM PDT by Locomotive Breath (In the shuffling madness)
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To: CondorFlight
"Then report me to the state bar, if he is accusing me of not telling the truth," Nifong fired back."

Oh don't worry Mikey, I'm sure the defense has the papers drawn up already.

55 posted on 10/27/2006 9:16:31 AM PDT by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: Locomotive Breath

So the Fonger's gonna dime out the FA? No wonder Cash & Co are still banging pots...


56 posted on 10/27/2006 9:16:36 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: CondorFlight

Nifong, "Prosecutors are not stenographers."

Maybe that is why the tape recorder was invented.


57 posted on 10/27/2006 9:19:24 AM PDT by xoxoxox
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To: abb

I'm not hip enough to know the expression "dime out". Explain for the square please?


58 posted on 10/27/2006 9:25:42 AM PDT by Locomotive Breath (In the shuffling madness)
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To: xoxoxox

Maybe that's why he's making sure that there are no contemporaneous records - so he can lie about it later? Ya think?


59 posted on 10/27/2006 9:27:00 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

A corruption of the term "drop the dime on." As in fink out, rat out, from when someone in the underworld put a dime in a pay phone to call the cops to squeal on a partner...


60 posted on 10/27/2006 9:29:05 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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