Posted on 10/27/2006 5:00:15 AM PDT by abb
Nifong to give up more documents to defense
By John Stevenson, The Herald-Sun October 26, 2006 9:44 pm
DURHAM -- District Attorney Mike Nifong today will give defense lawyers about 2,000 additional pages of information about the Duke University lacrosse rape case -- the largest single batch of documentation he has surrendered so far.
Nifong turned over some 1,800 pages of information in one previous court hearing and another 615 pages last month.
After they receive today's batch, defense attorneys will have roughly 4,500 pages of documentation about the case that has polarized Durham, brought intense national publicity to the community and sparked a movement to oust Nifong as chief prosecutor.
In addition to paperwork, defense lawyers will receive 3 DVDs from Nifong today. Among other things, they reportedly contain e-mails generated by Duke students and lacrosse players.
The information will be surrendered in a hearing before Judge Osmond Smith, who was specially assigned by the N.C. Supreme Court to shepherd the controversial lacrosse case to completion.
Three suspects in the case, Collin Finnerty, Reade Seligmann and David Evans, are not required to be present today. They are free under $100,000 bonds as they await a trial that is expected to occur next year.
The three are accused of raping and sodomizing an exotic dancer during an off-campus lacrosse party at 610 N. Buchanan Blvd. in mid-March.
All have professed their innocence.
Other than the surrender of information by Nifong, no major developments are expected during today's hearing.
"I don't think anyone knows exactly what will happen, but I don't believe there will be much to it," said one lawyer, asking not to be identified.
Critical defense motions in the case have yet to be heard, but they will not be argued today.
Among other things, those motions accuse police of misleading a judge to obtain a search warrant, and of devising an unconstitutional photo lineup -- a lineup that allegedly was too suggestive because it included only pictures of Duke lacrosse players.
Several national television pundits, along with a host of Internet chatters, have blasted Nifong for allegedly rushing to judgment in the case and getting the three suspects indicted on insufficient evidence.
In addition, the lacrosse incident is responsible for an anti-Nifong movement in the Nov. 7 election.
Voters are being urged to cast their ballots for County Commissioner Lewis Cheek as part of an effort to recall Nifong.
However, Cheek has said he would not serve as district attorney if elected, meaning the governor would have to choose a replacement for him.
Another anti-Nifong faction is led by local Republican Party Chairman Steve Monks, who is running for the chief prosecutor's seat on an unaffiliated write-in basis.
Monks said in an interview this week that a combined oust-Nifong effort would be better than two fragmented ones.
"It is probable that one of us has to withdraw," he said. "It has to happen. Someone has to be the frontrunner for the anti-Nifong movement. Otherwise, Mike will continue to be DA?. I can't scream from the highest mountain loudly enough that we need a combined effort."
And Charlotte Woods, a campaign leader for Monks, said she had told Cheek "a multiplicity of times" that Monks would withdraw from the race if Cheek agreed to serve as district attorney if elected.
"We have made it plain over and over again," she said. "We've told him and told him."
But Cheek said Thursday that, "Service as DA is not an option for me."
He said he made it clear earlier that responsibilities to partners and employees prevented him from leaving his private law firm
"Nothing has changed," he added.
Meanwhile, Nifong said Thursday that he continued to stand by the rape case, and he denied he was responsible for polarizing the community.
"This particular case has not divided the community," he said. "It has pointed to divisions that already existed. It is a signal to us that we need to address these underlying divisions."
Nifong would not be specific, but he apparently referred to town-gown issues and racial issues, among others.
The accuser in the rape case is black. The three suspects are white.
"Another prosecutor might make the case go away, but he can't make the underlying issues go away," said Nifong.
The district attorney, who has been a prosecutor in Durham for 27 years and head of his office since April 2005, said he wasn't withering under a storm of adverse criticism about the lacrosse incident.
"It's the difference between character and reputation," he said. "Character is what you are. Reputation is what people say you are. As long as you know who you are, you don't have to worry over what people say about you. ?
"I might be better off if I wasn't DA," Nifong acknowledged. "It certainly would be less stressful. But this is a path I have chosen to take in my life. I'm seeing some of the not-so-fun part of the job right now, but you can't take a job and just do it when it's easy and fun. URL for this article: http://www.heraldsun.com/durham/4-782289.html
Bump
http://abclocal.go.com/wtvd/story?section=triangle&id=4701415
Ah ha. Thanks.
Next court date Dec. 15.
Good grief.
Nifong named lead investigaor March 24th. DPD told to report to Nifong.
So, the lead investigator has not spoken to the victim.
what victim?
Well, the lead investigator says he has a victim, so he ought to know.
We are now expected to believe that the lead investigator in a gang-rape case has not spoken to the victim about the case.
Bizzarro world.
Nifong is an incompetent moron. That's the only thing that explains this case.
Incompetent? I don't think so. I believe he knew what he was doing. Got him through the primary, did it not? And if that poll is to be believed, it could very well get him elected.
fresh reporting...
http://durhamwonderland.blogspot.com/
fresh reporting...
http://durhamwonderland.blogspot.com/
Incompetent as a DA, not as a politician.
Another Hearing in Duke Rape Case
AP
(10/27/06 - DURHAM) - The district attorney prosecuting three Duke lacrosse players accused of rape said during a court hearing Friday that he still hasn't interviewed the accuser about the facts of the case.
"I've had conversations with (the accuser) about how she's doing. I've had conversations with (the accuser) about her seeing her kids," District Attorney Mike Nifong said. "I haven't talked with her about the facts of that night. ...We're not at that stage yet."
Defense lawyers said outside of court that they found Nifong's admission surprising.
"One of the most interesting things to me of course is Mr. Nifong did admit that he in fact has basically never talked to this woman and has absolutely no idea what her story is, and yet he has chosen to continue to go forward with this case," said defense lawyer Joseph Cheshire.
Nifong made the statement in response to a defense request for any statements the woman had made to him about the case.
"I can only tell you what happened," the prosecutor said after the hourlong hearing. "I understand the answer may not be the answer they want but it's the true answer. That's all I can give them."
Cheshire and Brad Bannon, attorneys for indicted player Dave Evans, wrote in a letter to Nifong earlier this month that they believed he had talked with the accuser based on a court motion in which the prosecutor stated the woman told him she had not taken the drug Ecstasy on the night of a March 13 team party where she was hired to perform as a stripper.
"This is another false issue to make it look like I call her up everyday and say, 'Tell me more about the case,"' Nifong said.
In response to a claim by a lawyer for an unindicted player, Nifong said he called the accuser to ask her whether she had used the drug.
"She said, 'I've never taken Ecstasy,"' Nifong said. "That was the extent of the conversation because that's all I had to know."
Nifong said he met with the accuser and an investigator on April 11, but didn't discuss details of the case because the woman was "too traumatized." Nifong said the woman didn't make eye contact with him and often seemed on the verge of crying. Their discussion centered around how the case would develop, he said.
"She probably did not speak 15 words during the meeting," Nifong said.
Defense lawyers said they still wanted copies of any statements that the accuser may have made to Nifong or any of his assistants about the case.
"She has spoken to him and we know that," Bannon said.
The next court hearing has been scheduled for Dec. 15. Defense lawyers said they may be ready by then to ask the court to schedule a trial date.
From ABC11 site.
I think that if he was a competent DA and dropped this case a long time ago, he would not be a DA today.
Is he an incompetent DA or did he know what he was doing?
"I think that if he was a competent DA
and dropped this case a long time ago,
he would not be a DA today.
Is he an incompetent DA or did he know
what he was doing?"
All these people know exactly what they
are doing. Except maybe Precious.
They didn't talk about the case. She was too traumatized. Yes, she was screaming and yelling....because Nifong is white. Later that day, she was writhing around a may pole at some club....which I'm sure is "blacks only"??
Updated...
http://www.wral.com/news/10171851/detail.html
Nifong Admits No Talks With Accuser On Details Of Duke Rape Case
Durham District Attorney Hands Over More Evidence In Case
http://www.wral.com/dukelacrosseheadlines/10171851/detail.html
Judge Osmond Smith said he received medical records involving the accuser from the hospital. Those documents are currently under seal until the judge looks at them and decides whether the prosecution or defense can use them.
Wonder what that concerns?
Probably her medical history.
Ex-social workers have all those skills, plus the ability to predict this year's Super Bowl winner and next year's World Series winners!!
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