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http://abclocal.go.com/wtvd/story?section=triangle&id=4862609

Nifong Rejects Threats of Charges in Duke Case
By Tamara Gibbs

(12/18/06 -- DURHAM) - New information in the Duke Lacrosse rape case. The U.S. Attorney General says his department is considering whether to investigate the Duke Lacrosse rape case.

North Carolina Congressman Walter Jones sent a letter to the Justice Department asking for a federal probe.

Eyewitness News has learned the Justice Department's Civil Rights Division is reviewing the letter.

On behalf of hundreds of Duke alumni, a group issued a statement Monday, not only endorsing Congressman Jones' call for a federal investigation, but also calling for criminal charges against Nifong.

Not since his campaign for district attorney has Mike Nifong faced such a firestorm of criticism. Adding to the flame, the admission by DNA Security's Director Brian Meehan, that he and Nifong agreed to withhold certain DNA test results to protect the privacy of Duke lacrosse players.

Some of those results showed DNA from several men had been found on the accuser. Defense attorney, Joe Cheshire explains, "It begs some very serious questions and I'll let you all ask the questions."

While the defense questions Nifong's motives, Eyewitness News has learned a letter from Congressman Walter Jones sent to the U.S. Attorney General is being reviewed by the department's Civil Right's Division.

There's no word on whether there will be a federal investigation, and no word from Nifong on the possible fallout. "I don't really want to comment on anything involving the case outside of courtroom," Nifong said.

Nifong did tell Eyewitness News that he believes he can fairly prosecute the Duke Lacrosse rape case, and while he prepares for the battle in the courtroom, there's a battle brewing on the outside.

Jason Trumpbour, with Friends of Duke, a grassroots organization comprised of Duke alumni told Eyewitness News that the group endorses Congressman Jones' request for a federal probe.

"This is hardly a witch hunt," Trumpbour explained. He said they're taking it a step further, calling for criminal charges against the Durham prosecutor. "These are willful violations of both the professional conduct and the actual application of a law. It's more than just a mistake," Trumpbour said.

Nifong did tell Eyewitness News that he wasn't concerned about Congressman Jones' complaint to the U.S. Justice Department.

The next pre-trial hearing in the case is set for February 5, 2007. The judge is expected to consider at least two defense motions calling for the photo lineup to be thrown out of court and a request to change the location of the trial.


1,558 posted on 12/18/2006 2:30:51 PM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb

http://www.wral.com/news/local/story/1110918/
Brodhead: Nifong's Case 'Will Be on Trial' Along With Defendants
The case against three Duke lacrosse players charged with raping a stripper at a team party in March "will be on trial just as much" as the defendants, university president Richard Brodhead said Monday.

In a statement released by the university, Brodhead said the defendants should be presumed innocent as the case pushes toward a possible spring trial date.

The statement came days after a lab director said in a pretrial hearing that, following an agreement with Durham District Attorney Mike Nifong, he violated his own procedures and withheld results showing none of the charged players' DNA was found on or in the accuser's body.

It was the latest blow to Nifong's case against Reade Seligmann, Collin Finnerty and David Evans -- whose lawyers have maintained their innocence since they were indicted in the spring.

"As I told Ed Bradley during a '60 Minutes' interview last summer, given the concerns that have been raised, when it goes before a judge and jury the DA's case will be on trial just as much as our students will be," Brodhead said. "In the meanwhile, as I have said before, our students must be presumed innocent until proven otherwise."


1,565 posted on 12/18/2006 2:52:39 PM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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