Lab in lacrosse case found many DNA sources (DUKELAX)

The News and Observer ^ | December 13, 2006 | Joseph Neff and Benjamin Niolet, Staff Writers

[Howlin]

I'll bet you $10 they don't get a change of venue.

I can't imagine a judge in Durham County -- especially one who hasn't bothered to reel Nifong in or make him COMPLY with any of the rulings so far -- would want another jurisdicion taking a look at this, can you?

[Carolinamom]

What was her description of the FOURTH "rapist"?

[Howlin]

She's in the courtroom?

I doubt that.

[Carolinamom]

The poster at Liestoppers who posted it was not sure. I tend to discredit too.

[GAgal]

I wish there was a way to capture talk radio comments from Durham callers reacting to the change of venue motion. That would surely prove the necessity for the move.

[JLS]

Smith is not a Durham Co. judge. I bet he moves it to Greensboro where he is a judge. One reason he will do this in my view is that this is a ruling that can be appealed immediately.

[Howlin]

What station??

[Howlin]

One reason he will do this in my view is that this is a ruling that can be appealed immediately.

Can you explain that to me, please?

[don'tbedenied]

Unless I'm mistaken your reasoning is incorrect:

1) they got a new judge because it was an extraordinary case, he's not elected by Durham and his term expires in 2010. (I'm working on memory here)

2) If venue is changed, the Judge doesn't necessarily change, (neither does the prosecutor).

3) This Judge and every Judge knows that an appellate court will review his rulings, so he's going to be scrutinized.

4) this Judge has made some rulings for the defense, e.g. the lab discovery and the removal of the goofy "gag" order.

What is shocking to me is the slowness of everything, but I am not yet believing that this judge has a dog in the fight.

[Howlin]

You may well be right, I'm just going by what the talking heads have been saying.

[JLS]

As you remember, I am not an attorney. But my memory is that some issue can be appealed immediately and some only after a trial.

I believe that change in venue is one that the defense could appeal immediately if the judge rules against them. If so, one factor the judge has to at least implicitly consider is that he does not want to start this out by under mining his own authority by issuing a ruling that gets reversed. Of course again I am not an attorney and could be wrong on this.

[Jrabbit]

I wish they'd take a break so Greta could hoof it out of there and report! Before, during these hearings, weren't cameras in there?

[GAgal]

Aren't there news/talk stations in the area that are talking about the hearing today?

[Howlin]

No!

[Neverforget01]

I agree!---The suspense is killing me and I'm going to throw something at my TV! CTV not covering anything!

[JLS]

There have been no cameras since Smith took over the case. This is his second hearing without cameras. There were cameras throughout the summer under the two prior judges.

[Jrabbit]

Really? I thought that there were.....

So far, Fox reporting that Dashole hovered over Tim Johnsons bed all night.....3 hikers still missing.....and E.D. is going to tell us how to spice up our sex lives.....~sigh~

[Howlin]

I only listen to Raleigh and they have pre-programed stuff. I wondered if you had a Durham station I didn't know about.

The local show at 3:00 on WPTF will certainly have it.

[Carolinamom]

CTV's question for the day re: the Duke case is (paraphrased) How much of the accuser's sex history should be permitted to be brought out in court?

IMO Certainly her past charge of being raped by 3 men before this latest accusation should be included if nothing else.

[Howlin]

Daschle, the Ghost of (Senatorial) Christmas past? I guess he wants the job......