Posted on 06/11/2006 10:06:55 AM PDT by zaxxon
Early in the Duke lacrosse rape investigation, Durham District Attorney Mike Nifong, who was in a close race to keep his job, spoke about the physical and emotional trauma the alleged victim had suffered at the hands of the players. A police affidavit stated that her medical records revealed the victim had "injuries consistent with being raped and sexually assaulted vaginally and anally." But according to a motion filed by defense attorneys last week, no such physical trauma was found during her exam at Duke hospital. Quoting from the report, which was submitted to the court under seal, the motion states that the nurse—who was in training—examined the woman's entire pelvic region and noted only diffuse swelling of the vaginal walls, a condition explainable by consensual sexual activity.
Police documents indicate that the accuser had in fact engaged in such activity in the days leading up to the incident. The accuser told police that she'd had sex with her boyfriend a week before. She added that she'd also performed using a vibrator in front of a couple. (Though the timing of this incident is not specific, the clear implication is that it had happened near the time of the lacrosse party.) And, according to defense attorneys, the boyfriend's seminal fluid was found in her, suggesting she'd also had sex with him within 72 hours. Jarriel Johnson, who identified himself as the woman's driver, told police in a statement that in addition to sleeping with the accuser himself a week prior to the party, he'd taken her to several appointments at hotels in the days before.
(Excerpt) Read more at msnbc.msn.com ...
" The threats, why am I not surprised? "
Nifong was treated for advanced prostate cancer a few years ago.
He gave an interview to the N&O where he said he had surgery, radiation and hormonal therapy.
I wonder if he could still be on intermittent androgen deprivation therapy to suppress testosterone.
The side effects are similar to what women experience with menopause and PMS- hot flashes, depression, fatigue, breast swelling , emotional outbursts , mood swings, anger and .....decreased mental acuity.
It could be one explanation for his bizarre behavior.
"Still can't figure out why these boys would put so much on the line for a......."
William A. Clement Papers Inventory (#4024)
http://www.lib.unc.edu/mss/inv/htm/04024.html
Respect.
In this motion, you can see that Nifong claims to have 3 items of evidence that he will produce at trial, but hasn't given to the defense.
http://www.kirkosborn.com/Motions/MotiontoDeferTimeDeadline.pdf
Page 1, #1
Evidence from a search warrant
Scientific data
SBI chemical analysis.
What search warrant was conducted while no one was there?
I was passing by the TV and I swear I heard him make some reference to "the Duke Rape Hoax". Am I hearing things.
That would be illegal in NC. How can he not turn over information? He is required to turn over the case file.
It says a search warrant was conducted while no one was home. That would be a new search warrant to me. The two we have seen were signed by residents of the houses.
As far as not turning it over Nifong states some laws that he thinks allow it or something.
I don't fully understand it.
This is SPECULATION, but I'm thinking pills may be been confiscated.
SBI Chemical analysis - of pills found in Seligman's dorm?
SBI witness to testify to Scientific Data indicating the results from what was obtained in the search warrant?
Evidence from Search Warrant - Detective to testify what was found where and how in Seligman's vehicle or dorm?
Remember, Nifong claims, if there was a TOX report, it would've been included in Discovery. Megyn Kendall on FOX reported that the Hospital report was marked TOX NOT performed.
Is this the Date Rape Drug Hints that Nifong was dropping to the media ? His report showing a Date Rape drug wasn't from her system - but from an analysis of pills found
SPECULATING here
Thanks ltc8k6 !
I think you found what Nifong thinks he's building his case around.
Pills were taken with the first warrant, but Dan Flannery was there, so it doesn't seem to fit the warrant mentioned in the motion.
I think there is a warrant we don't know about. Somebody mentioned another house being searched.
My Adobe is acting up at the moment so I can't refer to the motion, darn it!
Howard Clement, nephew of William A Clement
Leaders need to face facts
By JIM WISE, Staff Writer
At a candidates' forum the other night, City Councilman Howard Clement reported that, during his 22 1/2 years in office, he has detected no cronyism or nepotism at City Hall.
Contractors, architects, developers and taxpayers all over town must be feeling reassured.
Nepotism had absolutely nothing to do with the council's Aug. 1 decision to overrule city staff recommendations and award the $199,000 contract to design Walltown Park's recreation center to Clement's brother-in-law, George Williams.
And, nine years ago, cronyism had nothing to do with the city awarding the same individual an $11,000 contract to assess the town's cemetery needs -- not long after Williams was fired as Durham County manager.
Nor with the city's temporary early-retirement policy that bid former City Manager Orville Powell goodbye with $70,000 and former Police Chief Jackie McNeil $46,602 when he resigned under fire in 1997. Nor with the $2,600 a week Housing Authority consulting job awarded the inestimable James Tabron after he resigned amid controversy (to put it mildly) from that self-same institution.
heraldsun.com: Clement: Thumbs up to managerClement: Thumbs up to manager
DURHAM -- With all that's been happening lately with the Duke lacrosse case and other events in Durham, elected officials need to give City Manager Patrick Baker a vote of confidence, Councilman Howard Clement said Thursday.
"I think it's time express our support for the manager that we have full confidence in what he's doing," Clement said during Thursday's council work session. "I think it's important to let Patrick know he's not out there by himself."
Clement's suggestion drew a round of jokes from his colleagues, and from Baker himself.
"I always think of a sports situation where a coach gets a vote of confidence and it usually means he's going to be fired," Baker said, to a round of laughter from the council. "It's not necessary. I get plenty of thanks doing this job."
Clement denied any backhanded intent, and the rest of the council eventually agreed that some sort of statement would help. Mayor Bill Bell said he'd bring a resolution to the council's next business meeting, which is scheduled for June 5.
The discussion followed what's been a busy and sometimes bruising couple of weeks for the manager that began when he spoke up to counter allegations that the Durham Police Department had doubts about the credibility of the accuser in the lacrosse case.
The allegations surfaced last week in a report commissioned by Duke President Richard Brodhead that sought to assess the university administration's handling of the case.
The report, from former university leaders William Bowen and Julius Chambers, said Duke officials underestimated the seriousness of the allegations against the lacrosse team because Durham police told them the accuser kept changing her story, and that the case was likely to produce only misdemeanor assault charges.
Baker immediately questioned that, and contacted Duke officials to find out who they'd talked to in the Durham Police Department. They told him the source of their information was a Duke police officer who'd overheard a Durham police sergeant's cell phone conversation at the hospital the night of the alleged rape.
The manager relayed that information to reporters, and said the Duke officer, Christopher Day, had taken out of context things the sergeant had said to his superiors as police were trying to figure out what they were dealing with. Baker insisted that Durham police had taken the accuser's allegations seriously and quickly launched a sexual-assault investigation.
But a defense lawyer for accused lacrosse player Reade Seligmann countered with a court motion that alleged Baker's actions were improper and placed pressure on Durham police to get their stories straight.
Supporters of the lacrosse players have agreed, and e-mailed Durham officials to register their unhappiness. One critic, a person who signed an e-mail only as D. Jones, said North Carolina's attorney general should investigate Baker's actions.
Elected officials fired back. "Mr. Baker is the city manager responsible for the Police Department. He is doing his job," Councilwoman Diane Catotti said in a response to Jones. "It is the defense attorneys' job to raise doubt, question tactics, etc., to benefit their clients."
After Clement spoke up Thursday, Catotti responded that council statements of support for Baker, individually or collectively, "are definitely important." She added, though, that the best way to make them is when it comes time to formally evaluate the manager's performance and decide on his annual pay raise.
Things only got busier for Baker this week, as he's had to contend with the unexpected resignation of Durham's new solid waste director, an accident that demolished a Durham Area Transit Authority bus and a malfunctioning traffic signal control system being installed by the N.C. Department of Transportation.
Baker acknowledged that it's been a tough few weeks, but added that it's been that way ever since he took the manager's job.
"A lot of people are coming up to me lately and saying, 'Are you OK?' " he said. "It's been surreal since August of 2004, an interesting ride. But I love what I do."
newsobserver.com | Finance group seen as a risk
excerpt
Durham officials should be wary of doing business with a financial company embroiled in a California bribery scandal, a prominent Duke University law professor says.Rice Financial Products Co. is negotiating a no-bid contract with the city that seeks to make money by "swapping" the fixed-interest rates paid on $118 million in municipal debt with the variable rates paid by private investors.
But a lawsuit filed in California alleges that Rice was part of a conspiracy to bribe an elected board member to approve a similar deal.
That official, Tyrone Smith, pleaded guilty in 2003 to accepting $25,000 in cash to steer a pair of contracts to Rice from the West Basin Municipal Water District, which serves about 1 million people in Los Angeles County. Smith's detailed plea agreement with federal prosecutors will be a key piece of evidence at the civil trial of the lawsuit this year.
Duke law professor James Cox examined copies of the legal filings at the request of The News & Observer. He says that the case against Rice is strong and that the company, which has fewer than 30 employees, is at risk of losing a multimillion-dollar judgment, as well as its reputation in the securities industry.
"The civil complaint sets forth very specific facts supporting its allegation that Rice's company was engaged in a conspiracy to bribe," Cox said. "The plea agreement on the criminal action speaks for itself. In combination, they raise serious concerns about the continuing viability of Rice's company and its integrity. I am speechless that our elected officials in Durham are going forward with this transaction."
Cox is a nationally recognized expert in corporate and securities law and a legal adviser to the New York Stock Exchange. A graduate of Harvard Law School, he has published books on financial market regulation and corporate governance. He has been called to testify before both houses of Congress on insider trading and market reform.
The Durham City Council voted 5-2 this month to negotiate a swap transaction with Rice that proponents say could save taxpayers millions in debt payments. It also probably would yield more than $1 million in fees for Rice. Approval could come this month.
Howard Clement III, the council member who has been pushing hard for Rice, says the company should be considered innocent of the accusations until proven guilty.
"People sue each other every day," said Clement, a retired lawyer. "Being sued doesn't make them guilty of anything.
Duke defense lawyers heat it up -- Newsday.com
excerpt
Some have taken issue at what they perceive as attempts to smear a victim of a heinous crime.
"I'm repelled and repulsed by those trying to equate her with Tawana Brawley of decades ago," said city council member Howard Clement III, referring to the 15-year-old black girl whose 1987 claims of being kidnapped and raped by police proved to be false. "That's awful. And, that just compounds the evil of this whole process."
Yes, the 2nd house reports. Seligman lives in a dorm though.
Chemical analysis that makes me think of drugs and explains the comments to S. Meadows by Nifong, suppose I had a toxicology report showing the presence of a Date Rape drug
Not present in the alleged victim, but present in the vehicle, dorm, or residence.
I have to look at the motion again. If he was bound to turn over the DNA results why wouldn't he be bound to turn over the SBI testing results of this "evidence"
That motion only says the Defendant wasn't present, it doesn't say that no one was present.
So, it could be the pills from the search warrant.
SPECULATION:
The SBI may have pulled a fingerprint from the bottle (Seligman's) or Flannery may have said, they are Reade's, OR
the Pill bottle could've had Seligman's name on it (from a prescription).
We don't know. But, that motion doesn't necessarily indicate there was another search warrant. Or, they could've searched Seligman's vehicle with a separate search warrant.
The pills could be CGM's, too.
Why present them at trial if traces were not found in CGM?
OR Nifong is playing games and Nifong is attempting to keep the Defense lawyers from getting their hands on the SBI analysis of the fingernail in the trash can.
Chemical analysis - does that equal DNA analysis?
Is Nifong trying to pass off DNA analysis as Chemical analysis?
Proposed strip club draws fire; East Durham activists say they don’t want ‘that’ kind of business
RAY GRONBERG gronberg@heraldsun.com; 419-6648
The Herald-Sun (Durham, NC)
November 30, 2005
Copyright 2005 The Durham Herald Co.
East Durham activists are criticizing plans for a strip club off U.S. 70 Business at Ashe Street, going so far as to say they'll picket the home of the man who wants to build it.
City/county planners confirmed Tuesday that they're reviewing a Nov. 10 permit application from roofing and insulation firm owner Larry Jones, who wants permission to build a 68-seat adult nightclub on a 1.5-acre parcel he controls through a firm called The Galley Inc.
A local architectural firm headed by George Williams -- a former Durham County manager and the brother-in-law of City Councilman Howard Clement -- is designing the 7,223-square-foot building for Jones.
Activists notified of the application's filing by the city/county planning office say their community doesn't need the sort of business Jones proposes.
"We have not been able to get developers like George Williams, the architect for this nightclub, to bring a bank to East Durham or a library to East Durham," said the Rev. Melvin Whitley, who's spearheading opposition to what the application calls the Paradise Nightclub. "The best they can offer is a strip club. That kind of bothers me. What are they thinking?"
Neither Jones nor Williams could be contacted Tuesday.
For Jones, the permit filing is his second attempt to build an adult nightclub along U.S. 70. The first occurred in 2000, when he tried to secure permits for a 16,000-square-foot, 112-seat establishment he intended to call Diamond Girl.
That plan collapsed after the City Council changed the zoning regulations that cover adult establishments to say they can't be located within 1,000 feet of residential zones, churches, day cares, schools, parks and libraries.
Jones indicated at the time that he didn't intend to give up without a fight. "It's against my nature to walk away," he said in an interview shortly after the council's vote.....
[snip]
He nonetheless signaled the start of a largely political fight, one that would highlight Williams' involvement in the project and East Durham's experience with similar clubs.
Whitley noted that East Durham has a well-known problem with crime and prostitution.
In the first eight months of this year, police responded to 116 calls for service to quell prostitution in the area bounded by U.S. 70, East End Avenue, Angier Avenue and Harvard Avenue.
Activists and city officials also struggled for a long time to close two strip clubs along Angier Avenue, Whitley said. Their work started paying off last year when authorities shut down the Club Royale in April after accusing it of operating without a license. Two months later, they won a rare nuisance-abatement case against the Brothers III club, securing a court order that forever barred its owners from reopening......
[snip]
The mayor has asked City Manager Patrick Baker for a briefing on the application. Activists "say they don't need any more nightclubs in the neighborhood, and I tend to agree with them," Bell said....
[snip]
Williams benefited from a divided City Council vote in August that awarded his firm a $199,620 contract to design the Walltown Park Recreation Center. The 4-3 majority, which included Clement, overrode Baker's advice to give the work to a Charlotte firm.
Clement also could not be reached for comment Tuesday.
In October, Bell persuaded an architect who works with Williams, Bill Gordon, to give up the liquor license used by a West Main Street nightclub known variously as Club 1000 or MK's House of Jazz and R&B that was the scene of three different shootings. Gordon's decision forced the club to close.
Why present them at trial if traces were not found in CGM?
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
They theory is (if they are pills) that these have no other purpose . no legitimate purpose.
They can't be tied to the AV with TOX, that weakens it.
I thought way back .. that like the Porn introduced at Scott P and many other trials that they would try to sully the players. Paint them as bad people and then say it all fits - without ever tying it to the crime. Porn on those computers and e-mails will be coming in too.
And Nifong on has to convince a Durham Jury waiting with baited breath.
But, I'm speculating
I'm sorry - there's something wrong with me...
I'm sorry - there's something wrong with me...
I didn't know that. Bated breath. thanks
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