Posted on 05/17/2006 2:44:58 AM PDT by abb
DURHAM -- One of two Duke lacrosse-playing tenants of 610 N. Buchanan Blvd. was found not guilty Tuesday of violating a noise ordinance during a January house party that took place two months before the alleged rape there that has dominated headlines since.
Daniel Flannery, who is not listed as a suspect in the rape case, was found not guilty by Judge David LaBarre on Tuesday but Dave Evans, who on Monday became the third player indicted in the rape case, remains scheduled to be tried on the same noise violation next week. Evans is being targeted, one of his attorneys said after Tuesday's hearing.
The charges stemmed from a party at the house that led to a 911 call from a neighbor in the early hours of Jan. 10. The complaint involved a noise the neighbor, Joanna Darby, described in court as "like drumming on a trash can."
Officers at the scene testified they didn't find anyone beating trash cans, but charged Flannery and Evans with violating the city's noise ordinance for the loud music they said was coming from the house. LaBarre found Flannery not guilty Tuesday after Flannery's attorney, James "Butch" Williams, argued that no one had complained about loud music that night.
"This court can make better use of its time than engaging in such cases as this," LaBarre said after a 45-minute hearing that was moved to an empty courtroom to accommodate media interest.
Brad Bannon, who represents Evans and sat through Tuesday's hearing, said he'd find it "fairly astonishing" if the state persisted with the ordinance violation charge against Evans in light of LaBarre's verdict and comments.
"It's the same exact case," Bannon said.
Ashley Cannon, the assistant district attorney prosecuting the cases, wouldn't comment on Bannon's remarks after the hearing but said the state will proceed with the noise ordinance violation charge against Evans.
Evans, 23, had a leniency deal on the noise ordinance violation and an open alcohol container violation revoked last week because of the underage drinking prosecutors said took place at the March party at the center of the rape case.
Bannon said it appears District Attorney Mike Nifong is targeting Evans, but wouldn't elaborate.
"I can't begin to know what's in his mind," Bannon said.
Nifong couldn't be reached for comment Tuesday.
A noise ordinance violation is a class 3 misdemeanor, the mildest crime in state statutes, and normally wouldn't raise eyebrows in any courtroom. But when the defendants are Duke lacrosse players -- one of whom was indicted the day before in the nationally known rape case -- it becomes big news.
Cannon argued the music constituted a violation on its own because the officers heard it from two houses away and it was being played in the early morning hours on a weeknight in a residential neighborhood. But Williams argued neither Darby nor anyone else ever complained about loud music that night, so it couldn't be construed as the "unreasonably loud and disturbing noise" detailed in city ordinances.
"The one thing she didn't say is, 'They're playing loud music over there, there's a party going on and it's disturbing,' " Williams said.
Two police officers testified they heard the music when they drove by the house earlier that evening, but didn't stop. The officers said that when they responded to the call around 1 a.m., they heard loud music and saw beer cans and trash cans on the ground, but didn't see anyone hitting them.
Officer E.C. Peterson testified the music was "louder than I would have played it at that time of night." He said he had a "candid conversation" with Flannery and Evans while his partner wrote up the violation. Peterson said the two defendants were reasonably polite but appeared intoxicated.
"They were slurring their words some," Peterson said.
Peterson said Flannery told him students should be allowed to have parties.
"People should understand if they live that close to Duke, people are going to be having parties," Peterson said Flannery told him.
Pinging with fresh information...
"I can't begin to know what's in his [Nifong's] mind," Bannon said."
That's legalese for "WTF??"
;)
Thanks for the ping.
Sounds like Evans' "preppy looking" mother is a Republican who represents the Girl Scouts and the Salvation Army. To Nifong that's probably as low as someone can descend:
http://www.nydailynews.com/front/story/418544p-353382c.html
Someone peripherally connected in this case is also in charge of ZONING. I'll have to look over my notes. Would Lavonia be demanding that this area be turned over for "low-income housing"? NCCU students? Hmm.
L
Mr. Nifong's vendetta against these boys is a wonderful stroke of luck for every defense lawyer in that area.
It casts doubt on every legitimate convenience store stickup, meth lab bust or mattress tag ripping case his office brings to court.
Thanks for the info. One Not Guilty down, a few more to go!!
*hopefully*
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