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Duke lacrosse cabbie files suit
Durham Herald-Sun ^ | July 16, 2008 | John Stevenson

Posted on 07/16/2008 4:51:39 AM PDT by abb

DURHAM -- After figuring in the Duke lacrosse case and becoming Reader's Digest magazine's Hero of the Year, former Durham cabbie Moezeldin Elmostafa has launched what his lawyer described Tuesday as a priceless and perhaps unprecedented court claim.

It involves his U.S. citizenship, which Elmostafa contends was delayed for two years by an old and bogus criminal charge that resurfaced in 2006 while the lacrosse debacle was in full swing.

"Citizenship is absolutely priceless," said Elmostafa's lawyer, Tom Loflin of Durham.

Still, Loflin wants several defendants to come up with a figure.

"If they don't agree to my number, we'll let a jury decide what it's worth," Loflin vowed. "We'll ask jurors what their citizenship is worth to them. The jury can put a number on it."

Elmostafa received judicial permission this week to add the unusual citizenship clause to an already existing lawsuit.

Loflin and Senior Resident Superior Court Judge Orlando F. Hudson said Tuesday they were unaware of any previous court claims of the kind.

A Sudanese immigrant, Elmostafa finally gained his U.S. citizenship in April of this year.

Now, he wants reimbursement from those who allegedly delayed the process by once bringing a misdemeanor criminal charge against him. They include a former Hecht's security guard named Jonathan Massey, Hecht's Company Inc. and Macy's Retail Holdings Inc., which has taken over the Hecht's operation.

Raleigh lawyer Dan Hartzog, representing the defendants, said Tuesday he could not comment on the allegation of delayed citizenship.

A warrant had accused Elmostafa of helping a woman steal $250 worth of handbags from the former Hecht's store at Northgate Mall in 2003.

The then-cabbie was acquitted in August 2006 after testifying that he merely gave the woman a ride and didn't know what she was up to.

By then, the handbag incident had been linked to the Duke lacrosse case, in which three student athletes were charged with sexually assaulting an exotic dancer during an off-campus party in March 2006.

Elmostafa became an alibi witness for one of the athletes, Reade Seligmann, since he drove Seligmann to a bank machine, fast-food restaurant and campus dorm while the alleged sexual attack supposedly was in progress.

The way Elmostafa saw it, the 2003 criminal warrant against him was resurrected three years later in retaliation for his anti-prosecution stance in the lacrosse proceedings.

In the end, Seligmann and two Duke codefendants were declared innocent by the state attorney general, and former Durham District Attorney Mike Nifong lost his job and his law license over the affair.

Meanwhile, Elmostafa recently gave up his cab business and now operates limousines to and from Raleigh-Durham International Airport.

Reader's Digest named him its 2008 Hero of the Year in March.


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: North Carolina
KEYWORDS: aliens; dukelax; durham; elmostafa; immigrantlist; judiciary; lacrosse; lawsuit; nifong
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DukeLax Frame news.
1 posted on 07/16/2008 4:51:40 AM PDT by abb
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To: abner; Alia; beyondashadow; Bitter Bierce; bjc; Bogeygolfer; BossLady; Brytani; bwteim; Carling; ..

ping


2 posted on 07/16/2008 4:52:27 AM PDT by abb (Watergate was a Drive-By Media coup d'etat. )
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To: abb
Liberals in Durham lie, bring false accusations and create misery for so many innocent people. Why has only Nifong been charged? He didn't act alone.
This cabdriver stuck to his story and told the truth despite immense pressure and intimidation to get him to submit perjured testimony. There should be a criminal investigation of the liberals in Durham and all those who perverted justice and abused their authority should be sent to prison. And not just for one day like Nifong.
3 posted on 07/16/2008 5:01:36 AM PDT by detective
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To: abb

Good for him! I wish him the best of luck.


4 posted on 07/16/2008 5:03:01 AM PDT by Sue Perkick (And I hope that what I've done here today doesn't force you to have a negative opinion of me....)
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To: Sue Perkick

Good!


5 posted on 07/16/2008 5:09:22 AM PDT by Guenevere (America is great because America is good, and if America ever ceases to be good, America will cease)
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To: abb

Glad to read this! He was and is a hero!


6 posted on 07/16/2008 5:14:25 AM PDT by Freedom'sWorthIt (Tony Snow founnd out - to live is Christ, to die is gain....Thanks be to God for Tony's life!)
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To: abb

Good...I hope he gets $10 mil.


7 posted on 07/16/2008 5:20:50 AM PDT by Sacajaweau (I'm planting corn...Have to feed my car...)
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To: abb

Glad to see it.

And when is someone going to sue Nancy Grace? That woman is a menace. She had all of those boys drawn and quartered in the town square before charges were even filed!


8 posted on 07/16/2008 5:22:42 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: abb

I’m no lawyer, but I’m not sure he has a case here. What would Hecht’s and the security guard have to do with the original complaint getting resurrected by the Durham County DA’s office three years later, to intimidate the guy? If anybody delayed his citizenship proceedings, it was The Fong and crew, not a security guard and store personnel that filed a complaint.

That having been said, I’m really happy he’s finally a citizen, and that he’s doing well here in the Triangle. We need more Elmostafa-type immigrants, and less of the illegals that we’re drowning in here in Durham!

}:-)4


9 posted on 07/16/2008 5:34:20 AM PDT by Moose4 (http://moosedroppings.wordpress.com -- Because 20 million self-important blogs just aren't enough.)
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To: Diana in Wisconsin

She is a lying menace, no doubt about it. She has a very faithful brigade on this website that lap up her insane accusations and lies though.


10 posted on 07/16/2008 5:38:21 AM PDT by commonguymd (Freedom and individual liberty is for everyone, including the odd and weird people like you.)
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To: NCjim

ping


11 posted on 07/16/2008 5:38:58 AM PDT by abb (Watergate was a Drive-By Media coup d'etat. )
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To: abb

Go here:

http://s1.zetaboards.com/Liestoppers_meeting/forum/201036/

for some of the most in depth analysis of the ongoing DukeLAX case and current lawsuit.

It’s most interesting and although closed to new members it’s a totally viewable blog of lawyers and such who have being all over the frameup of the young men and supporting the them from day one.


12 posted on 07/16/2008 5:55:09 AM PDT by Freedom_Is_Good ("A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud)
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To: Moose4
One sues everyone involved, even peripherally. You let the courts decide who's liable.
13 posted on 07/16/2008 6:34:14 AM PDT by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: abb

[Reader’s Digest named him its 2008 Hero of the Year in March.]

Hero? Very low standards. My feelings of RD just went to ZERO!


14 posted on 07/16/2008 6:38:16 AM PDT by dbacks (Taglines for sale or rent.)
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To: dbacks

Excuse me...

All this guy did was stand up to a rouge prosecutor who had the power to put him in jail or worse.

You done anything like that lately?


15 posted on 07/16/2008 6:48:43 AM PDT by rwilson99 (Barrack Obama... more in common with Archie Bunker than Tiger Woods)
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To: dbacks
Hero? Very low standards

He could have gone to jail and been deported for doing the right thing, with nothing in it for him except doing the right thing.

Can I ask you a question? Are you an idiot?

16 posted on 07/16/2008 7:24:35 AM PDT by Nonstatist
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To: abb

Good for Elmo!

Thanks, abb.


17 posted on 07/16/2008 8:21:23 AM PDT by ltc8k6
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To: Nonstatist
He could have gone to jail and been deported for doing the right thing, with nothing in it for him except doing the right thing.

How tempting would it have been for a lot of people to just take the easy way out? I admire this mans courage & have tremendous respect for him.

18 posted on 07/16/2008 8:41:53 AM PDT by Sue Perkick (And I hope that what I've done here today doesn't force you to have a negative opinion of me....)
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To: Nonstatist
[He could have gone to jail and been deported for doing the right thing, with nothing in it for him except doing the right thing.]

A hero is someone who does something above and beyond. What this guy did was nice but he DIDN'T GO TO JAIL and he WASN'T DEPORTED. He was identified by the young Duke player and would have had to testify just the same. In fact, I would guess he was given better treatment because he did volunteer the information before trial.

There was a young soldier that threw his body over a grenade and saved his mates. He is a hero. Hero of the year 2 years later??? I think not.

I don't consider Pat Tillman a hero. I don't consider that gal that got lost and managed to her her pals killed in Iraq a hero either. Good people, certainly but hero?

Audie Murphy was a hero, Sgt. York was a hero.

If these views make me an idiot, so be it.

19 posted on 07/16/2008 8:43:36 AM PDT by dbacks (Taglines for sale or rent.)
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To: abb

It’s no telling how large the peripheral damage is from this case.....and here is another shining example....


20 posted on 07/16/2008 10:12:46 AM PDT by BossLady ("People will do anything, no matter how absurd, in order to avoid facing their own soul" - Carl Jung)
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