Posted on 12/13/2006 1:36:38 PM PST by Howlin
A private laboratory hired by the prosecution in the Duke lacrosse case failed to report that it found DNA from multiple males in the accuser's body and underwear, according to a defense motion filed today. The lab, DNA Security of Burlington, found that the DNA did not match the three defendants, their lacrosse teammates or anyone else who submitted their DNA to police, including the accuser's boyfriend.
The new evidence emerged in thousands of documents handed over to the defense in October.
(Excerpt) Read more at newsobserver.com ...
Not really as my sentence is as follows:
If you'll deign to remember, she initially supported the purported rape victim's account of events.
From the American Heritage Dictionary:
v. intr.
To think it appropriate to one's dignity; condescend: wouldn't deign to greet the servant who opened the door. See Synonyms at stoop.
v. tr.
To condescend to give or grant; vouchsafe. "Nor would we deign him burial of his men" (Shakespeare)
I suppose I could have said:
If you'll condescend/If you think it's appropriate to remember, she initially supported the purported rape victim's account of events.
Or I could have used stoop as it's a synonym for deign or I could have looked up synonym's for stoop. So, you find I misused deign but if I were to use the synonym stoop the sentence would have read:
If you'll stoop to remember, she initially supported the purported rape victim's account of events.
If I were to use one of the synonyms found under stoop, my sentence would have read:
If you'll descend from your level of dignity; (condescend; deign)to remember, she initially supported the purported rape victim's account of events.
Or...
If you'll descend from your position of dignity and/or superiority to remember, she initially supported the purported rape victim's account of events.
stoop /stup/ Pronunciation Key - Show Spelled Pronunciation[stoop] Pronunciation Key - Show IPA Pronunciation,
–verb (used without object)
1. to bend the head and shoulders, or the body generally, forward and downward from an erect position: to stoop over a desk.
2. to carry the head and shoulders habitually bowed forward: to stoop from age.
3. (of trees, precipices, etc.) to bend, bow, or lean. 4. to descend from one's level of dignity; condescend; deign: Don't stoop to argue with him.
5. to swoop down, as a hawk at prey.
6. to submit; yield. 7. Obsolete. to come down from a height.
verb (used with object)
8. to bend (oneself, one's head, etc.) forward and downward.
9. Archaic. to abase, humble, or subdue.
–noun
10. the act or an instance of stooping.
11. a stooping position or carriage of body: The elderly man walked with a stoop.
12. a descent from dignity or superiority.
13. a downward swoop, as of a hawk.
I used deign because I was being condescended to as there were assumptions being made I had "lots and lots of leftist propaganda for (us)" (FR) and/or I was presenting "strawman arguments".
Of course, what wasn't acknowledged is my belief the lacrosse players should be completely exonerated of any guilt and all charges should be dismissed. They should sue Nifong for the mess he inflicted upon them and continues to involve them in.
Wait!!! Now there's the leftist thought...to sue is a leftist belief. Better they should allow Nifong free rein and hope he's punished for gross incompetence.
Silly me! Whatever was I thinking when I mentioned suing
BTW. sorry it took me so long to get back to you, I was taking care of some business which needed my attention.
I had wondered about him. I knew he was a liberal. This certainly explains a lot to me about Prof. Johnsons's understanding of the hard left.
He has on-going battles w/the PC at the school and some of the lib professors as well as the administration's knuckling under to feminists, PC, etc.
(As a former HS senior English teacher, I marvel that he says he failed HS English 4 years straight. LOL...Off topic, but it is an understatement to say that his bio is 'unusual'...a hoot.)
Have any other motions been posted?
Psst, your neurosis is showing.
"BTW. sorry it took me so long to get back to you, I was taking care of some business which needed my attention.
"
Come now, taking a dump is no excuse for ignoring us!
. --- ---
. X X
. O
. _____
. / \
placemarker
"stop that"
Surely you meant to say, "stops dats"
http://www.newsobserver.com/100/story/521389.html
New motion to block in court ID...
In what way? I'm not anxious, insecure or indecisive. I simply took exception to the idea a prostitue is asking to be raped by virtue of their career choice. Sounded rather 'Imanish' to me.
Thanks. I assume you will post the motion if it appears somewhere. It is unclear whether the reporter has read the motion to determine whether there is anything even 1/10 as explosive as showed up yesterday.
Ping. New motion filed...
http://www.newsobserver.com/100/story/521389.html
Lacrosse judge asked to block IDs
By Benjamin Niolet and Joseph Neff, Staff Writers
DURHAM - Defense lawyers asked a judge today to block the accuser in the Duke University lacrosse case from identifying her alleged attackers in court at trial.
If they succeed, the lawyers for three indicted former lacrosse players would undermine the foundation of District Attorney Mike Nifong’s case and give the defense a chance to have the charges dismissed before trial. The request came in a motion in Durham County Superior Court that also asks the judge to throw out the photographic lineup procedure that became the basis for the state’s rape case.
The 43-page motion methodically recounts the day-by-day progress of the investigation and the efforts of police to get a reliable identification from the accuser, an escort service worker who said she was raped by three men at a March lacrosse team party.
“Putting to one side the substantial evidence that no sexual assault ever occurred at 610 N. Buchanan, there is quite simply no evidence that any of the accuser’s identifications or descriptions of her alleged attackers are in any way reliable,” the motion states. “Rather the State is left with an incoherent mass of contradiction and error, one which not only raises the issue of a ‘substantial likelihood of misidentification,’ but which establishes that the accuser has in fact misidentified the Defendants.”
The woman has given conflicting accounts of the alleged attack in statements to police, nurses and doctors. She identified two players at the party who were not there. She twice failed in March to recognize the photograph of one player whom she said in April was one of her attackers. She told police in March that she was 70 percent sure one player was at the party; three weeks later she said he was one of her attackers.
Her descriptions of her attackers did not resemble the men eventually charged. Before picking out her attackers three weeks after the party, police told her she would be viewing photographs of all people at the party, meaning anyone she picked out could be indicted.
The document is titled, “Motion to Suppress the Alleged ‘Identification’ of the Defendants by the Accuser.’”
The motion, signed by lawyers for all three defendants, asks Superior Court Judge W. Osmond Smith III to throw out the April 4 lineup procedure in which the accuser identified four men as her attackers. It asks the judge to bar her in-court identification and asks for an evidentiary hearing on the issues raised in the motion.
David Evans, 23, of Bethesda, Md., Collin Finnerty, 20, of Garden City, N.Y., and Reade Seligmann, 20, of Essex Fells, N.J. are each charged with rape, kidnapping and a sexual offense. The men maintain their innocence.
Nifong did not immediately return a message seeking comment and has said he would not comment on the specifics of the case outside of court. The case has a hearing scheduled Friday.
Today’s motion follows another filed on Wednesday, which attacks DNA testing performed by a private laboratory. According to that motion, tests showed that DNA of unidentified men was found in and on the accuser’s body that did not match any member of the lacrosse team or the accuser’s boyfriend. The results of those tests were not revealed to the defense lawyers until they got a judge to order the lab to hand over its complete files, the lawyers wrote.
In the motion filed today, the lawyers highlight evidence that they say shows the accuser incorrectly identified the three lacrosse defendants.
Seligmann
Seligmann’s lawyers had previously made public cell phone records, sworn statements and bank machine records to show that Seligmann had already left the party during the time the accuser said she was raped.
The motion highlights a further contradiction: The accuser told police that a man she later identified as Seligmann dragged her to a car after the assault. A photo taken at 12:41 a.m. shows one player helping the accuser into a car; a Wachovia ATM photographed Seligmann withdrawing cash at 12:24 a.m., about a mile from the party.
Finnerty
Finnerty is 6 feet 5 and weighs 215 pounds, with a “very noticeable freckled face”, the motion said. But when the accuser described her three attackers to police she said one of them was “short,” another was “heavy set” and the third was “chubby.”
“While he could fairly be described as ‘lanky’ no one would describe him as ‘chubby’ or ‘heavy set’,” the motion says.
The accuser would later give conflicting accounts of Finnerty’s role in her descriptions of the assault.
Evans
On March 21, police showed the accuser photographs of 12 lacrosse players. She looked at a photograph of Evans twice but did not recognize him. Two weeks later, as she looked at photographs of every member of the team, she looked at Evans’ picture for about 45 seconds.
“He looks like one of the guys who assaulted me sort of,” the accuser said. “He looks just like him without the mustache.”
Evans did not have a mustache on the night of the lacrosse party, according to the motion, which includes photographs of a clean-shaven Evans taken the day before and the day after the party.
Staff writer Benjamin Niolet can be reached at 919-956-2404 or bniolet@newsobserver.com.
Ping. New motion filed...
http://www.newsobserver.com/100/story/521389.html
Lacrosse judge asked to block IDs
By Benjamin Niolet and Joseph Neff, Staff Writers
DURHAM - Defense lawyers asked a judge today to block the accuser in the Duke University lacrosse case from identifying her alleged attackers in court at trial.
If they succeed, the lawyers for three indicted former lacrosse players would undermine the foundation of District Attorney Mike Nifong’s case and give the defense a chance to have the charges dismissed before trial. The request came in a motion in Durham County Superior Court that also asks the judge to throw out the photographic lineup procedure that became the basis for the state’s rape case.
The 43-page motion methodically recounts the day-by-day progress of the investigation and the efforts of police to get a reliable identification from the accuser, an escort service worker who said she was raped by three men at a March lacrosse team party.
“Putting to one side the substantial evidence that no sexual assault ever occurred at 610 N. Buchanan, there is quite simply no evidence that any of the accuser’s identifications or descriptions of her alleged attackers are in any way reliable,” the motion states. “Rather the State is left with an incoherent mass of contradiction and error, one which not only raises the issue of a ‘substantial likelihood of misidentification,’ but which establishes that the accuser has in fact misidentified the Defendants.”
The woman has given conflicting accounts of the alleged attack in statements to police, nurses and doctors. She identified two players at the party who were not there. She twice failed in March to recognize the photograph of one player whom she said in April was one of her attackers. She told police in March that she was 70 percent sure one player was at the party; three weeks later she said he was one of her attackers.
Her descriptions of her attackers did not resemble the men eventually charged. Before picking out her attackers three weeks after the party, police told her she would be viewing photographs of all people at the party, meaning anyone she picked out could be indicted.
The document is titled, “Motion to Suppress the Alleged ‘Identification’ of the Defendants by the Accuser.’”
The motion, signed by lawyers for all three defendants, asks Superior Court Judge W. Osmond Smith III to throw out the April 4 lineup procedure in which the accuser identified four men as her attackers. It asks the judge to bar her in-court identification and asks for an evidentiary hearing on the issues raised in the motion.
David Evans, 23, of Bethesda, Md., Collin Finnerty, 20, of Garden City, N.Y., and Reade Seligmann, 20, of Essex Fells, N.J. are each charged with rape, kidnapping and a sexual offense. The men maintain their innocence.
Nifong did not immediately return a message seeking comment and has said he would not comment on the specifics of the case outside of court. The case has a hearing scheduled Friday.
Today’s motion follows another filed on Wednesday, which attacks DNA testing performed by a private laboratory. According to that motion, tests showed that DNA of unidentified men was found in and on the accuser’s body that did not match any member of the lacrosse team or the accuser’s boyfriend. The results of those tests were not revealed to the defense lawyers until they got a judge to order the lab to hand over its complete files, the lawyers wrote.
In the motion filed today, the lawyers highlight evidence that they say shows the accuser incorrectly identified the three lacrosse defendants.
Seligmann
Seligmann’s lawyers had previously made public cell phone records, sworn statements and bank machine records to show that Seligmann had already left the party during the time the accuser said she was raped.
The motion highlights a further contradiction: The accuser told police that a man she later identified as Seligmann dragged her to a car after the assault. A photo taken at 12:41 a.m. shows one player helping the accuser into a car; a Wachovia ATM photographed Seligmann withdrawing cash at 12:24 a.m., about a mile from the party.
Finnerty
Finnerty is 6 feet 5 and weighs 215 pounds, with a “very noticeable freckled face”, the motion said. But when the accuser described her three attackers to police she said one of them was “short,” another was “heavy set” and the third was “chubby.”
“While he could fairly be described as ‘lanky’ no one would describe him as ‘chubby’ or ‘heavy set’,” the motion says.
The accuser would later give conflicting accounts of Finnerty’s role in her descriptions of the assault.
Evans
On March 21, police showed the accuser photographs of 12 lacrosse players. She looked at a photograph of Evans twice but did not recognize him. Two weeks later, as she looked at photographs of every member of the team, she looked at Evans’ picture for about 45 seconds.
“He looks like one of the guys who assaulted me sort of,” the accuser said. “He looks just like him without the mustache.”
Evans did not have a mustache on the night of the lacrosse party, according to the motion, which includes photographs of a clean-shaven Evans taken the day before and the day after the party.
Staff writer Benjamin Niolet can be reached at 919-956-2404 or bniolet@newsobserver.com.
Fox is going to have BREAKING NEWS on this....coming up with Greta reporting live.
This it!
They are asking to have the accuser's ID of the players blocked.
Ping. New motion filed...
http://www.newsobserver.com/100/story/521389.html
Lacrosse judge asked to block IDs
By Benjamin Niolet and Joseph Neff, Staff Writers
DURHAM - Defense lawyers asked a judge today to block the accuser in the Duke University lacrosse case from identifying her alleged attackers in court at trial.
If they succeed, the lawyers for three indicted former lacrosse players would undermine the foundation of District Attorney Mike Nifong’s case and give the defense a chance to have the charges dismissed before trial. The request came in a motion in Durham County Superior Court that also asks the judge to throw out the photographic lineup procedure that became the basis for the state’s rape case.
The 43-page motion methodically recounts the day-by-day progress of the investigation and the efforts of police to get a reliable identification from the accuser, an escort service worker who said she was raped by three men at a March lacrosse team party.
“Putting to one side the substantial evidence that no sexual assault ever occurred at 610 N. Buchanan, there is quite simply no evidence that any of the accuser’s identifications or descriptions of her alleged attackers are in any way reliable,” the motion states. “Rather the State is left with an incoherent mass of contradiction and error, one which not only raises the issue of a ‘substantial likelihood of misidentification,’ but which establishes that the accuser has in fact misidentified the Defendants.”
The woman has given conflicting accounts of the alleged attack in statements to police, nurses and doctors. She identified two players at the party who were not there. She twice failed in March to recognize the photograph of one player whom she said in April was one of her attackers. She told police in March that she was 70 percent sure one player was at the party; three weeks later she said he was one of her attackers.
Her descriptions of her attackers did not resemble the men eventually charged. Before picking out her attackers three weeks after the party, police told her she would be viewing photographs of all people at the party, meaning anyone she picked out could be indicted.
The document is titled, “Motion to Suppress the Alleged ‘Identification’ of the Defendants by the Accuser.’”
The motion, signed by lawyers for all three defendants, asks Superior Court Judge W. Osmond Smith III to throw out the April 4 lineup procedure in which the accuser identified four men as her attackers. It asks the judge to bar her in-court identification and asks for an evidentiary hearing on the issues raised in the motion.
David Evans, 23, of Bethesda, Md., Collin Finnerty, 20, of Garden City, N.Y., and Reade Seligmann, 20, of Essex Fells, N.J. are each charged with rape, kidnapping and a sexual offense. The men maintain their innocence.
Nifong did not immediately return a message seeking comment and has said he would not comment on the specifics of the case outside of court. The case has a hearing scheduled Friday.
Today’s motion follows another filed on Wednesday, which attacks DNA testing performed by a private laboratory. According to that motion, tests showed that DNA of unidentified men was found in and on the accuser’s body that did not match any member of the lacrosse team or the accuser’s boyfriend. The results of those tests were not revealed to the defense lawyers until they got a judge to order the lab to hand over its complete files, the lawyers wrote.
In the motion filed today, the lawyers highlight evidence that they say shows the accuser incorrectly identified the three lacrosse defendants.
Seligmann
Seligmann’s lawyers had previously made public cell phone records, sworn statements and bank machine records to show that Seligmann had already left the party during the time the accuser said she was raped.
The motion highlights a further contradiction: The accuser told police that a man she later identified as Seligmann dragged her to a car after the assault. A photo taken at 12:41 a.m. shows one player helping the accuser into a car; a Wachovia ATM photographed Seligmann withdrawing cash at 12:24 a.m., about a mile from the party.
Finnerty
Finnerty is 6 feet 5 and weighs 215 pounds, with a “very noticeable freckled face”, the motion said. But when the accuser described her three attackers to police she said one of them was “short,” another was “heavy set” and the third was “chubby.”
“While he could fairly be described as ‘lanky’ no one would describe him as ‘chubby’ or ‘heavy set’,” the motion says.
The accuser would later give conflicting accounts of Finnerty’s role in her descriptions of the assault.
Evans
On March 21, police showed the accuser photographs of 12 lacrosse players. She looked at a photograph of Evans twice but did not recognize him. Two weeks later, as she looked at photographs of every member of the team, she looked at Evans’ picture for about 45 seconds.
“He looks like one of the guys who assaulted me sort of,” the accuser said. “He looks just like him without the mustache.”
Evans did not have a mustache on the night of the lacrosse party, according to the motion, which includes photographs of a clean-shaven Evans taken the day before and the day after the party.
Staff writer Benjamin Niolet can be reached at 919-956-2404 or bniolet@newsobserver.com.
just damn. browser went haywire. sorry for the triple post and triple ping...
sw
I watched Nancy Grace last night to see what she'd have to say; she did 50 minutes about the missing Oregan hikers and 10 minutes about the puppy eating off the baby's toes.
NOT ONE WORD.
Yes!
Read down.
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