Defense team wants rape evidence quickly

Herald Sun (Durham NC) ^ | May 15, 2006 : 10:56 pm ET | By Ray Gronberg : The Herald-Sun

[JLS]

I am not an attorney. I have been in the past surprised what these rape shield laws are able to keep out.

Similarly I found it a bit shocking a judge could prevent someone who killed an abortion doctor from arguing self-defense acting on behalf of the child that was about to be killed. I am not saying a jury should accept that defense, I was just surprised that judges can tell the accused they may not use a particular defense.

So you might be surprised what rape shield laws can do and when the courts are willing to ignor about the Constitution.

[Protect the Bill of Rights]

That was the exact word I used last night after reading his released statement..I forget who I posted it to. it was the only word that worked, LOL

[jimboster]

She's supposedly an honors full time student and, according to the CBS story, she only started dancing two months ago. How did she support herself, her kids and pay for school before that? I wonder when her current "boyfriend" came into the picture. I wonder if it was in the last few months. I'd be curious if this "boyfriend" has a job- can show how he supports himself. I wonder if some of this money from the false accuser made its way in to his pockets.

[Law is not justice but process]

If the prosecution brings up injuries, evidence that may point to other sources for the injuries becomes relevant. For instance, a report about vaginal bruising would open the door to any report of semen of someone other than the accused in said bruised vagina. The rape shield law would only exclude evidence of sexual activity with individuals other than the accused admitted solely to show the accuser is promiscuous.

[writmeister]

Thank you for posting this article. I am glad to see that I am not the only prosecutor who is appalled by the manner in which Nifong is handling this case.

[JLS]

Yes, I said at the beginning I thought the SANE report may not come in. My reasoning is that if it does it lets in the sex with the boyfriend. There is no requirement that the DA claim injury. He could simply go with her claim and ID if that does not get thrown out.

Maybe Nifong does use the SANE report to claim injuries. IF he does, he lets in the DNA which was not from any lacrosse player.

[js1138]

Number four is interesting. Everybody does it. Nice.

[stands2reason]

Read the first two so far. Dangit, it just warms my heart to see these law professionals give the SMACKDOWN! to lil Mikey....

[stands2reason]

Here's another point that's worth repeating (in statement #5 of GAgal's link):

I also find it suspicious that Mr. Elmostafa was arrested by not one, but two persons identified as the same detectives working on the lacrosse case. Serving a warrant does not require any investigation and is usually done by ordinary police officers or, in many jurisdictions, sheriff's deputies. I sincerely doubt that these detectives were trying to finally get to the bottom of The Great Hecht's Shoplifting Caper of 2003.

[Protect the Bill of Rights]

Here is another one for yiou..Nifong's first offical smackdown?
Professional opinion, please :-)

---

http://www.freerepublic.com/focus/chat/1632431/posts?q=1&&page=1801
Breaking news here

http://abclocal.go.com/wtvd/story?section=triangle&id=4176424

Duke Captain Found Not Guilty of Noise Violation
Accuser's cousin speaks out
WTVD and The Associated Press

(05/16/06 - DURHAM) - A judge found a Duke University lacrosse team captain not guilty of vioating the city's noise ordinance on Tuesday, saying authorities "could make better use" of the court's time than by bringing such minor misdemeanors to trial.
Also on abc11tv.com:
Send us news tips | Desktop Alert | ABC11 AccuWeather | Pinpoint Traffic The charge against Dan Flannery stemmed from a party Jan. 10, when a neighbor called police after midnight to complain that she heard what sounded like a drum beat coming from a nearby house.

Two police officers testified they found an ongoing party with loud music they could hear two houses away. Both Flannery and one of his roommates, David Evans, were at the house and appeared to be slightly intoxicated, they said. Both men were cited with noise violations.

Evans, 23, of Bethesda, Md., is one of the three players, along with Reade Seligmann, 20, of Essex Fells, N.J., and Colin Finnerty, 19, of Garden City, N.Y., charged with raping a woman hired to perform as a stripper at a March 13 team party, held at the house Evans and Flannery shared with a third teammate.

District Attorney Mike Nifong has said he does not expect any more indictments in the rape case.

During cross-examination, Flannery's lawyer, Butch Williams, pointed out the officers didn't have a way to determine the decibel level of the music and questioned why they didn't warn the house's residents about the music earlier when they drove by the home.

District Court Judge David Labarre found Flannery not guilty. Flannery, 22, of Garden City, N.Y., declined to comment. Brad Bannon, one of Evans' lawyers, said he expects the complaint against Evans to be dismissed.

Alleged victim's cousin speaks
The cousin of the alleged victim, known as "Jakki" responded to Evans' news conference. She called it a well-rehearsed production, designed to make the accuser look bad.

"I was angry and I was hurt that they were attacking her and that this young man was saying listen, we're the lacrosse team, we're unified and we're standing here and my cousin is basically not speaking up, not because seh's lying or because she's this gold digger, it's because she's frightened." Jakki said.

She says her cousin is still in seclusion and is physcially and mentally exhausted.

Still, Evans said he had done nothing wrong and that he had "told the truth from Day One."

Defense attorneys have insisted all the players are innocent, citing DNA tests they say found no match between any of the team's white players and the accuser.

Evans' attorney, Joseph Cheshire, said the woman identified Evans with "90 percent certainty" during a photo lineup. Cheshire said the accuser told police she would be 100 percent sure if Evans had a mustache -- something he said his client has never had.

After the woman reported being attacked, Duke canceled the rest of the lacrosse team's season and accepted the resignation of its coach. Duke President Richard Brodhead initiated a series of investigations, one of which concluded administrators were slow to react to the scandal in part because of initial doubts about the accuser's credibility.

1,863 posted on 05/16/2006 7:08:51 PM EDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)

[stands2reason]

As much as we have laughed about this, it's sad, though, isn't it?

I really want to believe justice will win in the end, but I am seriously beginning to get scared that that might not happen.

As little as the Republicans are doing for me, it's stuff like this that will eventually get my butt to the polls to vote for em. Democrats can destroy you personally. No one is safe.

[ladyjane]

Not sure the girl will kill herself. Maybe.

There are some people in Durham, however, who will not want this case to go to trial. We've seen only the tip of a dirty iceberg.

In the last mayoral/city council race half of the candidates had police records. There's a lot to cover up.

[NCjim]

Did you see this?

Durham Manager Fends Off Criticism In Duke Case

http://www.nbc17.com/news/9222110/detail.html

DURHAM, N.C. -- City Manager Patrick Baker on Monday defended his interaction with police officers, after attorneys for a Duke University lacrosse player accused him of pressuring police in a rape investigation.

A 27-year-old woman told police she was beaten and raped by three lacrosse team members while she performed as an exotic dancer at a March 13 team party. Two players were indicted last month and a third was indicted Monday on rape and kidnapping charges.

Attorneys for Reade Seligmann, one of the indicted players, served Baker court papers regarding pretrial motions in the case.

"From reports in the paper, the city manager, who hires and fires the Durham city police chief, has personally interviewed all officers in this matter, and the defense is concerned it may be improper and will impose pressure on Durham city officers to get their stories straight," Baker said, reading the notice at a Durham City Council meeting Monday night.

Baker said he interviewed the officers who initially handled the case after the March 13 party to see what happened that night. A Duke campus police report said Durham police didn't believe the woman was credible, noting she had changed her account of the alleged rape.

"As the city manager, the buck stops with me regarding my police officers and the quality of their investigation," he said. "I'm not asking them to get their stories straight at all. But as the chief executive officer of this organization, it's my duty to know what's going on, and I am in touch at all times."

[GAgal]

http://sbbs.dukebasketballreport.com/dbrboard/bin/bplist.cgi?submit=Read+the+Article&article=/home/dbr/dbrboard/boards/44468/3/4/message.txt

"If no 'stache's on his face, you must drop the case"

[cherry]

"I maintain that Nifong is the real villain of the piece, she's just a stupid ho who tried to save her own butt (or her kids) and it got out of control because of Nifong's political needs."

same feelings here......I feel she is a probable druggee, known stripper, probably a slut as well.....probably also has a personality disorder....

my anger has always been with the Ni..In..a...Fog......

I believe sluts, and strippers and druggee's and drunks can all be redeemed and reformed, but a crooked lawyer......not a snowball's chance in hell......LOL

[JLS]

I agree that Nifong is the sleaze. She did what people in her position do all the time, tried to deflect blame.

Nifong used this for his election purposes. I also blame the feminazis at Duke who stirred up much of the publicity. Mothers don't let their sons grow up and go to Duke.