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Cab driver in lacrosse case acquitted (DukeLax cabbie escapes Nifongery)
Raleigh News & Observer ^ | August 29, 2006 | Staff

Posted on 08/29/2006 1:39:25 PM PDT by abb

The Durham cab driver who has surfaced as an alibi witness in the Duke lacrosse rape case today was found not guilty of a 3-year-old shoplifting charge.

Moezeldin Elmostafa is expected to provide an alibi for Reade Seligmann, one of three Duke lacrosse players indicted in the rape case, because he gave Seligmann a ride after the party that led to the rape allegations.

After authorities learned of Elmostafa's potential role in the rape case, they found an unserved warrant naming him in a 2003 shoplifting case at a Hecht’s department store at Northgate Mall in Durham. A security officer for the store testified today in district court that he saw a woman steal handbags from the store and then jump into Elmostafa’s cab, which sped away.

The security officer testified that the cab pulled away even before the woman had closed to the door. A store surveillance tape, played in court, appeared to show that the door closed first.

Defense lawyers in the lacrosse rape case have said that Elmostafa was charged because he is a favorable witness to the defense. Loflin put one of the lacrosse investigators on the witness stand this morning and produced typed notes from the lacrosse case that show District Attorney Mike Nifong wanted to be informed when Elmostafa was arrested.

Assistant District Attorney Ashley Cannon told the judge the shoplifting case has nothing to do with the rape case.

(Excerpt) Read more at newsobserver.com ...


TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; durham; elmo; lacrosse; nifong
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To: don'tbedenied

That photo reeks of intimidation, doesn't it?


41 posted on 08/29/2006 3:05:28 PM PDT by maggief
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To: maggief
LOL I can hear Gottlieb now: No Blinco's for you!
42 posted on 08/29/2006 3:06:45 PM PDT by Neverforget01
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To: maggief

That photo reeks of intimidation, doesn't it?

Oh yeah.


43 posted on 08/29/2006 3:08:24 PM PDT by don'tbedenied
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To: Perdogg

It was a bench trial.

I suspect tho, Himan, Gottlieb, Clayton, et al best start lawyering up. There's tons of perjured documents out there. And they better have a chair in which to sit when the music stops...


44 posted on 08/29/2006 3:09:03 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: maggief

Clayton looks constipated.


45 posted on 08/29/2006 3:09:12 PM PDT by Locomotive Breath (In the shuffling madness)
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To: pepperhead
Like I said on the other thread. This man didn't deserve to be put through all of this.

Good news for him, but the point is made for any potential defense witness in Durham Co. If you come forward, the DA's office will make you pay if they can.
46 posted on 08/29/2006 3:10:49 PM PDT by JLS
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To: abb

Nifong said there was no tox report. Now a tox report turns up. What a liar.

I wonder where the tox report came from. Duke Medical Center? Durham Access? I can't think of any other place. So where has it been all this time? Hiding in a drawer of Nifong's desk?


47 posted on 08/29/2006 3:11:36 PM PDT by SarahUSC
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To: abb
Loflin put one of the lacrosse investigators on the witness stand this morning and produced typed notes from the lacrosse case that show District Attorney Mike Nifong wanted to be informed when Elmostafa was arrested.

Forum rules prevent me from posting what I really think of this.

48 posted on 08/29/2006 3:13:06 PM PDT by dirtboy (This tagline has been photoshopped)
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To: maggief

"Duke Students Organize To Oust Nifong Over Lacrosse Case"


I Love It!


49 posted on 08/29/2006 3:20:11 PM PDT by toldyou
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To: dirtboy

Can someone find out from the defense, or the court, who the judge was?

(Obviously the media are not interested, or hiding it.)

Also, I'd like to find out the name of the security guard who testified; he works in the same mall where Gottlieb has an office (and where the April 4 photo lineup was done).

Who is he and was he promised something for his testimony?

(How could any reporter leave that info out--NAMES are one thing you are supposed to get straight in journalism, right?)


50 posted on 08/29/2006 3:22:06 PM PDT by CondorFlight
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To: CondorFlight
It gets worse ... they won't even name which investigator ...

Loflin put one of the lacrosse investigators on the witness stand
51 posted on 08/29/2006 3:23:46 PM PDT by maggief
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To: Caveman Lawyer

"Who knew that Hans and Frans had taken jobs as Durham police investigators?"

We are here to PUMP YOU UP!


52 posted on 08/29/2006 3:23:49 PM PDT by toldyou
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To: abb

Taylor really hits on all the points. If Gottlieb had such a dead bang accurate description of Finnerty why didn't he put him in the two line-ups before the final rigged line-up? Finnerty is the only guy on the team that fits the description of tall, lean and baby-faced.

And if there was "blunt force trauma" why did the SANE nurse only list two non-bleeding cuts under physical trauma?

I think Gottlieb has buried himself with these notes. He didn't think it through. He is in for one hell of a cross-examination.


53 posted on 08/29/2006 3:24:44 PM PDT by SarahUSC
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To: SarahUSC

"I wonder where the tox report came from?"

Yes this is yet another interesting side story that probably will end badly for Nifong.


54 posted on 08/29/2006 3:25:31 PM PDT by don'tbedenied
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To: don'tbedenied

"Yes this is yet another interesting side story that probably will end badly for Nifong."

Pray so.


55 posted on 08/29/2006 3:38:31 PM PDT by toldyou
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To: JLS
Good news for him, but the point is made for any potential defense witness in Durham Co. If you come forward, the DA's office will make you pay if they can.

Your right he still "paid" a price. I hope Hannity asks Colmes tonight if he wants to give some money to help pay Elmostafa's legal bills since he thinks everything should be adjudicated.

56 posted on 08/29/2006 3:47:03 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: don'tbedenied

The other thing is, where has this tox report been all this time?

There have been rumors that there was one out there and I guess the defense tracked it down. I'm sure Nifong will deny knowledge of it. HA! He said there wasn't one but the language he used was strange - kind of like he was hedging.


57 posted on 08/29/2006 3:56:58 PM PDT by SarahUSC
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To: SarahUSC

But I thought Nifong turned over everything to the defense. (/sarcasm)


58 posted on 08/29/2006 3:59:07 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead

http://www.wral.com/news/9757789/detail.html


59 posted on 08/29/2006 4:05:26 PM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: SarahUSC
I found this from a post on a previous thread. The URL - http://www.heraldsun.com/durham/4-737491.html - has expired:

Nifong declined to comment to The Herald-Sun.

But he told WRAL: "If there was a toxicology report available, it would've been included in the discovery I handed over to the defense."

60 posted on 08/29/2006 4:13:30 PM PDT by Ken H
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