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Lacrosse players' defense: Documents being withheld
HeraldSun ^ | September 1, 2006 | William F. West

Posted on 09/01/2006 10:19:41 PM PDT by Protect the Bill of Rights

Lacrosse players' defense: Documents being withheld

 




By William F. West : The Herald-Sun
bwest@heraldsun.com
Sep 1, 2006 : 11:20 pm ET

DURHAM -- Attorneys for the three Duke lacrosse players charged with assaulting an exotic dancer claim District Attorney Mike Nifong and police still haven't provided several vital documents in the case, as required by law.

As a result, the defense lawyers have filed papers in Superior Court calling for Nifong to produce those documents.

The request to Judge Osmond Smith comes after Durham County's chief prosecutor told Smith and defense lawyers at a recent meeting that a toxicology report indicated the accuser's tested negative for the presence of controlled substances.

That undercuts public hints by Nifong in April that the woman might have been given a date-rape drug, defense attorney Kirk Osborn said.

In court papers filed this week, the defense argued it hasn't seen the written report despite indications Nifong would provide copies.

In addition, the defense is calling for Nifong to hand over complete copies of information regarding laboratory testing in the case by the State Bureau of Investigation and by the testing firm DNA Security Inc.

The Herald-Sun was not able to reach attorneys for the three indicted athletes -- Reade Seligmann, 20; Collin Finnerty, 19; and David Evans, 23 -- for comment Friday.

Seligmann, Finnerty and Evans maintain their innocence on all counts -- rape, kidnapping and sexual offense -- in connection with allegations surrounding events at the lacrosse team party March 13 at 610 N. Buchanan Blvd., next to Duke's East Campus.

Nifong didn't respond to a request for comment left with his office Friday.

In its filing this week, the defense also is pressing for more information about what happened in the hours after the alleged attack, particularly information regarding the accuser's trip with police to the Durham Access Center, a mental health and substance abuse facility, for involuntary commitment.

The accuser reportedly began making rape allegations while at that center.

The defense cites the lack of a substantive report about the accuser's presence at the center, and the defense points to a blank check-in log as an example of inadequate information.

In addition, the defense wants to find out what was said at a meeting Nifong and police had with the accuser April 11 at the county courthouse.

The defense said Nifong argued to an earlier judge that such information was off-limits to the defense.

More specifically, the defense argues Nifong claimed at a case hearing June 22 that the defense was not entitled to know because facts regarding the legal action were not discussed with the accuser. And the defense adds that Nifong considers that to be a confidential communication.

Debunking that argument, the defense says, is that an investigator -- Sgt. Mark Gottlieb -- in a typewritten narrative said Nifong and the accuser met and talked about the case.

The defense points out, additionally, that a police major issued a memo stating all police personnel involved in the investigation were directed to produce all e-mails to and from one other about the case.

The defense said that while the message specified a June 5 deadline for compliance -- with threats of disciplinary action for failure to comply -- there is evidence police have not fully complied.

The defense argues that, in one instance, a crime scene investigator produced a number of e-mails -- but only after defense attorney Brad Bannon found them in the investigator's case file July 18 while at the police station.

The defense goes on to contend that nearly a dozen law enforcement officers who have been involved in the case have not provided all their handwritten notes.

The defense also wants to know more about what police have on file about the woman's background in Durham and about her interaction with the local criminal justice system.

The defense, again citing the July 18 date, argues that Bannon's review of an investigative file at the police station reflects the accuser was involved -- as a suspect, witness or otherwise -- in at least five other probes.

And the defense wants to see what police may have communicated to the Durham City Council.

According to the defense, Gottlieb, in a typewritten document, said that on April 4, he was asked by a captain to produce a timeline of events for the city manager, Patrick Baker, for possible presentation to the council.

The defense wants a copy of that timeline plus a report of the substance of any meetings between or among law enforcement officers, the manager and any council member.

Baker soon afterward briefed the City Council on several points about the case.
 



TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; dukerapecase; durham; durhamdirtbag; elmo; lacrosse; nifong
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To: Protect the Bill of Rights

Am I mistaken, or did we not hear/read that there was no toxicology report?


21 posted on 09/01/2006 11:40:47 PM PDT by Howlin
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To: Howlin

It's safe to say she has been probed more than 5 times.....


22 posted on 09/01/2006 11:41:39 PM PDT by Protect the Bill of Rights (quent)
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To: Howlin

parse-o-matic
bubba style.
"Report" is the keyword.


23 posted on 09/01/2006 11:42:41 PM PDT by Protect the Bill of Rights (quent)
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To: Protect the Bill of Rights

What is that???


24 posted on 09/01/2006 11:43:09 PM PDT by Howlin
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To: Protect the Bill of Rights

As in "written report?"


25 posted on 09/01/2006 11:46:54 PM PDT by Howlin
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To: Protect the Bill of Rights

The point to be made:

I-N-F-O-R-M-A-N-T


Well, no wonder Nikki didn't mind
dumping her off to the police.


26 posted on 09/01/2006 11:50:04 PM PDT by xoxoxox
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To: Howlin

That is a different case.
http://www.raleighchronicle.com/2006081804.html

In a separate case, Durham Police say a Durham man, who is already awaiting trial on a murder charge, was also arrested today and charged with killing a 22 month old boy last summer.


Justin Jaquane Hope, 26, was arrested on the one-year anniversary of the death of the child, Deshaun Williamson, say police. Hope was a friend of the child's family and was babysitting Deshaun and two other children when the toddler was injured.


Officers responded to a call about an unresponsive child at 901 Chalk Level Road, Apt. S-4 around 10:22 a.m. on August 18, 2005. When they arrived, they found Deshaun, who was not breathing. The child was taken to Duke University Hospital, where he was pronounced dead.


An initial examination showed no outward signs of trauma, but an autopsy revealed that the child suffered a fractured skull and died as a result of blunt force trauma, say police.


Hope is also charged with assault on a child under 12 for allegedly throwing Deshaun's 5-year-old brother against a brick wall, say police. The brother did not suffer any serious injuries. ...



IIRC, Crystal's aunt (?) lives in that complex and av might have stayed there.

I'll go back and look. But there was a possible connection.


27 posted on 09/01/2006 11:51:41 PM PDT by Protect the Bill of Rights (quent)
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To: Howlin

BINGO!!!


28 posted on 09/01/2006 11:52:09 PM PDT by Protect the Bill of Rights (quent)
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To: xoxoxox

Nikki's hands are not clean in this...at all.

There is a setup here somewhere, at what point it began I do not know.

I do not buy for a minute av and Kim did not know each other prior to that night.

Someone has been singing to the cops.


29 posted on 09/01/2006 11:55:39 PM PDT by Protect the Bill of Rights (quent)
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To: Protect the Bill of Rights

How long could it take to concoct a story that falls apart this easily, maybe 20 or 30 minutes, perhaps while painting your fingernails, in a bathroom or something...


30 posted on 09/01/2006 11:59:38 PM PDT by old and cranky (You! Out Of The Gene Pool - Now!)
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To: All

So DPD knew her well, then?

No wonder they knew to check on her kids that night.


31 posted on 09/02/2006 12:15:36 AM PDT by ltc8k6
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To: Protect the Bill of Rights

I don't know. If it was a set-up, Kim and the accuser didn't do a very good job. None of the versions of their stories match up at all. Kim initially said the rape claim was a crock. She also made some comments that really hurt the accuser's case in her initial statement. She said they were apart for less than five minutes and when they finally were in the car she said the accuser wanted to go back into the house because she thought she could make more money.

Kim changed her story but only after Nifong gave her favorable treatment on a bail issue. And even her final version of the story doesn't match up with what the accuser says.

As for the accuser she said at various points that Kim had assisted in the rape, stolen her money and all her stuff and pushed her out of the car and onto the street.

I don't think it was a set-up. Kim had a drunk woman on her hands and wanted her out of her car. She probably drove around for awhile and made an attempt to find out where the accuser lived. Eventually she got fed up and had a security guard call the police and washed her hands of it. The accuser came to at some point and realized she was in danger of being involuntarily committed. She told a lie to get out of that situation. Since she was wasted and making up a story on the fly her narrative is all over the page.

If this was a set-up Kim wouldn't have called the rape allegations a crock. She wouldn't have dumped the accuser in a Kroger parking lot either. Kim isn't stupid. She would have gotten with the program alot quicker if this was a scam.


32 posted on 09/02/2006 12:16:57 AM PDT by SarahUSC
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To: old and cranky

What they had going for them is "hey, this is Durham" and had it stayed in Durham, it might have worked.

But what they forgot was the big fish/small pond factor.
The great white sharks are not to be messed with.


33 posted on 09/02/2006 12:17:55 AM PDT by Protect the Bill of Rights (quent)
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To: SarahUSC

I am having trouble reconciling a 30 minute drive with a stranger in the car. Where did Kim go, who did she talk to?

And why would a prostitute who has not paid back one dime of her obligation be so willing to dump precious in the lap of the cops?

Reading the 911 transcripts, she seemed too eager to tell "what happened."

And it might not have been a setup from the beginning. But at some point someone who wanted Duke taken down decided this was the time to do it.


34 posted on 09/02/2006 12:24:05 AM PDT by Protect the Bill of Rights (quent)
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To: Protect the Bill of Rights

This could be where the "theres more money to be made in there" came from. Kim is the mystery, did she know about and originally not want to go along with or not know at all, but in either case went along when she found a way to "spin it to her advantage"


35 posted on 09/02/2006 12:24:23 AM PDT by old and cranky (You! Out Of The Gene Pool - Now!)
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To: Protect the Bill of Rights

Kim arrived at Kroger well before the 1:22 call, I believe.

She must have been there for at least a few minutes talking to the guard and with the guard trying to talk to Crystal before the call.

I think I read somewhere that Kim actually arrived at Kroger around 1:00.


36 posted on 09/02/2006 12:28:08 AM PDT by ltc8k6
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To: old and cranky
This could be where the "theres more money to be made in there" came from. Kim is the mystery, did she know about and originally not want to go along with or not know at all, but in either case went along when she found a way to "spin it to her advantage"

That very well could be it. An opportunity to be had. I can't remember, have we discussed whether or not precious was just acting? I am going to sleep on that. night,all!

37 posted on 09/02/2006 12:30:16 AM PDT by Protect the Bill of Rights (quent)
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To: ltc8k6

Thanks, I'll check on that.


38 posted on 09/02/2006 12:37:16 AM PDT by Protect the Bill of Rights (quent)
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To: Protect the Bill of Rights

I think Kim called various escort services trying to figure out where the accuser lived. Maybe she drove to a wrong address. I don't know what they did but I doubt they concocted a story. Kim's goal was to get rid of the accuser and she even had the police called to do it. She then said what she had to in order to get herself out of the situation. She then left. She didn't care what the cops did with the accuser.

The cops who initially saw Precious did not believe her story. That seems clear to me. Someone at Duke was informed that the entire thing would blow over and one of the reasons was that Precious had no credibility. They probably knew who she was if she's had this many encounters with the police. They didn't push to get a search warrant or do anything. I don't think they believed her at all.

I think the set-up, if you want to call it that, started when someone else came into the picture and decided to push this case. Nifong had a political motive. Gottlieb clearly hates Dukies. I think they're the ones who set this up. I don't think Kim and Crystal set it up themselves.


39 posted on 09/02/2006 12:43:58 AM PDT by SarahUSC
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To: Protect the Bill of Rights

I just had a crazy idea. I think it was Kim who told the security guard that Crystal was drunk. When the guard calls 911, she does not know what color Kim's car is, she has to ask Kim. So the the guard must not have gone out to see Crystal. So the guard's opinion of Crystal's condition must have come from Kim.

Kim is telling the security guard what to say. You can hear Kim in the background of the 911 call.


40 posted on 09/02/2006 12:56:22 AM PDT by ltc8k6
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