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)