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Kola_boof
"Cyniquian" Level Poster
Username: Kola_boof
Post Number: 1967
Registered: 02-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 17, 2006 - 05:35 pm: | 
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Two Sealed Indictments in Duke Rape Investigation
DURHAM, N.C. -- Courthouse sources tell AP that a grand jury has returned sealed indictments against two Duke lacrosse players in connection with an exotic dancer's allegations that she was raped.
The Durham County grand jury, which meets only twice a month, adjourned for the day having returned several indictments on a number of cases it heard, but all of the indictments were sealed.
Because the grand jury meets in a closed session not open to the public, it is not known which members of the lacrosse team were indicted. That information would not be made public until arrests are made in the case.
Late Monday morning, WRAL spotted the two lead investigators in the case heading to the sixth floor of the courthouse where the grand jury convened.
Durham County District Attorney Mike Nifong has been silent on a number of unanswered questions, the answers to which may determine whether or not he will be able to win any indictments in the explosive dispute.
At the top of the list: Was there any sex at the March 13 party? Nifong has repeatedly cited a medical exam of the alleged victim as the basis for his belief that a rape occurred. But defense attorneys representing the players insist that not only was there no rape, there was no sex.
They cite DNA test results that failed to find any link between the alleged victim and the 46 white team members who were tested. The team's only black member was not tested because the alleged victim told police her attackers were white.
But Nifong, who placed DNA at the center of the case when he promised early on that the tests would identify "precisely who was involved," responded by arguing that 75 percent to 80 percent of rape prosecutions occur without DNA evidence.
There could be several reasons why the tests did not find any DNA evidence, said Peter Neufeld, co-founder and co-director of the Innocence Project, a nonprofit legal clinic.
"Obviously, if people sexually assaulted her and wore condoms, you would not expect to see any semen left behind. That's No. 1," he said.
"No. 2, in most sexual assault cases, the perpetrator does not transfer his own pubic hairs to that of the victim -- so there can certainly be a rape even in the absence of semen being recovered."
Without such forensic findings, fingering the attackers could come down to an identification made by the victim. From Nifong's public comments about the case, it is unclear if that has occurred.
At a forum last week at North Carolina Central University, where the alleged victim is a student, Nifong told an angry questioner who asserted the woman had identified her three attackers that her information was wrong. But at the same event, Nifong said, "The fact is that anytime you have a victim who can identify her assailant, then you have a case that a judge must let go to a jury."
In a letter to defense attorneys, Nifong refused to say whether the victim had made an identification, telling the lawyers he had yet to receive a written report from Durham police.
"It's my understanding that allegedly she identified somebody," defense lawyer Butch Williams said. "But when was the identification, and what were the circumstances?"
There are others who could also testify to the identity of any attackers.
The alleged victim was joined at the party by a second exotic dancer, but defense attorney Bill Thomas said she "has stated point blank she does not believe this allegation." The woman, who authorities said in court documents was "separated" from the alleged victim before the rape occurred, told WNCN-TV in Raleigh in an interview airing late Sunday that the other dancer was "definitely under some sort of substance" when she left the party.
"She was, um, definitely a totally different woman than she was when I first met her," she told the station.
In a segment of an MSNBC interview played Monday morning on the "Today" show, the woman said she believed her friend's allegations.
"I can't imagine that a woman would do that to herself if she didn't feel like it was worth doing it," said the woman, who was not identified. "And the only reason it would be worth doing it is if she was raped. So, I have no reason to believe she was lying."
The lacrosse players told police, according to court records, they were the only ones at the party. Early in the investigation, Nifong hammered the team for standing together and refusing to talk with investigators, warning he may bring aiding-and-abetting charges against some.
He has not made such comments for weeks, however, leading some in Durham to wonder if a member of the team who was at the party may be cooperating with investigators.
"There is an old saying among defense lawyers: Where there's multiple defendants, it's a race to the D.A.'s office," said John Bourlan, a defense attorney who said he has worked with Nifong on thousands of cases.
The players attorneys, however, are adamant that none of the players have cut a deal.
"Everyone has said from day one, 'There's nothing that happened,'" Williams said. "So far, the findings have been exactly what the boys said -- that it did not happen."
Another question: Was the alleged victim injured before she arrived at the party, as defense attorneys say is indicated by time-stamped photos taken that night?
Those photos also appear to show the woman impaired, an argument that got a boost last week following the release of police radio traffic on which one of the first officers to see the woman said she was "just passed-out drunk."
But perhaps the biggest unknown: What other evidence might Nifong have to support the victim's allegations? Members of the defense bar in Durham say he is not the kind of prosecutor to try a case without the evidence to back it up.
"Mike the trial attorney is exceptionally prepared, talented, and in regard how he runs a case in court, very professional," said attorney Woody Vann, who represented the alleged victim years ago but is not involved in the current case. "When he was trying cases ... you had to know he was going to be prepared. Very prepared."
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Roxie
"Cyniquian" Level Poster
Username: Roxie
Post Number: 786
Registered: 06-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 17, 2006 - 05:43 pm: |
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Oyeeeeeeeeee! VICTORY!!!
And To everyone who turned their backs on this issue:
[*blows rasberry*]
P-P-P-P-P-P-P-P-P-P-P-P-P-P-P!
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Babygirl
"Cyniquian" Level Poster
Username: Babygirl
Post Number: 281
Registered: 04-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 17, 2006 - 09:42 pm: |
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If only it were that clear cut and easy...
Victory would be a conviction. This is only the devil opening the door to hell and welcoming the "victim" inside to visit a spell....her fight has only begun its uphill climb... |
Shyfox
Regular Poster
Username: Shyfox
Post Number: 47
Registered: 04-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 17, 2006 - 11:30 pm: |
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At least something is being done. |
Babygirl
"Cyniquian" Level Poster
Username: Babygirl
Post Number: 282
Registered: 04-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, April 17, 2006 - 11:49 pm: |
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As the DA would surely want the public to believe...it is an election year by golly, and he has a lucrative job he'd very much like to hold on to...
Sorry, I wish I could be more excited but I've been witness to too much of the back door wheeling and dealing going on to feel anything but utter dispair for what I know they will inevitably put this woman through. To much money and even more power will inevitably rule the outcome of this case...but then, what the hell do I know... |
Tonya
"Cyniquian" Level Poster
Username: Tonya
Post Number: 2303
Registered: 07-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 12:36 am: |
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They found... DNA EVIDENCE... at the crime scene... which MATCHED two of the people that the victim identified both by name and both names were made public.... AND THEY ARE THE SAME TWO PEOPLE THAT WERE INDICTED TODAY.
From what I understand, the defense attorneys are very afraid.
They were the ones who asked (the judge) to have the indictments sealed...
a far cry from how public they were just yesterday.
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Tonya
"Cyniquian" Level Poster
Username: Tonya
Post Number: 2304
Registered: 07-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 12:45 am: |
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Oh... and JESSE JACKSON and "push" will be paying the victim in scholarship funds for the rest of her education. And as it stands, JESSE's behind her 100%. |
Tonya
"Cyniquian" Level Poster
Username: Tonya
Post Number: 2305
Registered: 07-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 12:46 am: |
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Now What? |
Chrishayden
"Cyniquian" Level Poster
Username: Chrishayden
Post Number: 2073
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 10:24 am: |
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People are indicted every day and the cases are thrown out. A Prosecutor can indict a ham sandwich--he is the only one present in the grand jury usually and he only presents such evidence that will convict.
The Prosecutor is grandstanding. The case will not go to trial. |
Chrishayden
"Cyniquian" Level Poster
Username: Chrishayden
Post Number: 2075
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 10:34 am: |
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Don't pop the champagne just yet:
Until Sunday night, the only other witness, the second woman hired to dance at the party, had remained silent. In television interviews, she told her story.
The woman's attorney, Mark Simeon of Durham, declined Monday to make her available for an interview. She spoke on the MSNBC cable news network, which did not identify her and showed her in silhouette. Simeon confirmed that it was his client on MSNBC.
The woman told MSNBC that she did not witness a rape and does not know whether one occurred.
The woman said she arrived thinking that she would be dancing at a bachelor party of 15 people. She was not expecting a party of lacrosse players, many of whom she said were in a drunken stupor. The woman said she was infuriated to learn that some players photographed her dancing.
The accuser did not appear to be on drugs or to have been drinking when she arrived, the second dancer said. She was "absolutely fine and in control of herself."
When the accuser left, less than an hour after she arrived, she was incoherent and stumbling, the second dancer said.
"She couldn't really walk on her own," the woman said. "She really couldn't get her thoughts together enough to answer any questions. ... She was a different person than I met at the beginning."
The second woman said she was the person who called 911 as the party was breaking up, to complain that some lacrosse players had used racial slurs. "The boys hollered the 'N' word," she said. "I was upset and called 911."
She said she pretended to be a passer-by because she didn't want people in her life to know about her job as an escort service dancer.
It is unclear how that woman's story would affect the case. Players' attorneys have said she would only help them. By day's end Monday, Nifong left without talking to reporters; it remains unclear what evidence he has.
Throughout Monday, there were many more reporters on the sixth floor of the courthouse than the 18 members of the grand jury panel. Reporters tracked the district attorney's movements in minute detail. Just after noon, Nifong emerged from his office and walked across the hallway to the bathroom.
Reporters surrounded the bathroom door in a crowd that included five television cameras, three still photographers, sound men with boom microphones and at least a dozen print reporters. At the sound of flushing, the group tensed, raised cameras and prepared. Nifong did not emerge with news.
"I no longer get to go anywhere in my community without people knowing who I am," said Nifong, who faces two challengers in a primary election May 2.
That gal is going to be sorry she ever even said anything. |
Prettybabygirl
"Cyniquian" Level Poster
Username: Prettybabygirl
Post Number: 285
Registered: 04-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 10:47 am: |
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Chris Hayden,
The woman witness has now come out and said this morning on TODAY that she believes the girl was raped, because she was a totally different person after coming out of the bathroom and it's been revealed there are time-printed photos showing scratches and blood on the victim after she left the bathroom and returned to the party. These are not the same bruises that were already on her legs when she entered the party. The D.A. has photos of the entire night and there's a 27 minute lapse between the time-printed photos which backs up the victim's claim that she was raped while she was in the bathroom for about half an hour. There's also DNA evidence at the crime scene, but not on the victim. This case is going to trial.
DURHAM, N.C. - Two Duke University lacrosse players were arrested early Tuesday on charges of raping and kidnapping a stripper hired to dance at an off-campus party, and the district attorney said he hopes to charge a third person soon.
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The indictments, unsealed Tuesday, did not indicate what possible evidence or arguments led the grand jury Monday to indict Reade Seligmann and Collin Finnerty, both 20. District Attorney Mike Nifong would not discuss the evidence.
"It had been my hope to charge all three of the assailants at the same time, but the evidence available to me at this moment does not permit that," Nifong said. "Investigation into the identity of the third assailant will continue in the hope that he can also be identified with certainty."
Seligmann posted a $400,000 bond shortly after his arrest, and Finnerty was in the process of doing so for the same amount, said Col. George Naylor of the Durham County jail.
Earlier, Seligmann, a 6-foot-1 sophomore from Essex Fells, N.J., and Finnerty, a 6-foot-3 sophomore from Garden City, N.Y., were led out of a police cruiser in handcuffs, one wearing a tie and jacket, the other in a button-down shirt and jeans.
Seligmann is "absolutely innocent," said his attorney, Kirk Osborn. "He's doing great. That's all I have to say."
Asked what led to the indictments, Osborn said: "Apparently it was a photographic identification. And we all know how reliable that is."
Finnerty's attorney, Bill Cotter, said, "We're surprised that anybody got indicted, quite frankly."
"The next jury will hear the entire story, which includes our evidence, and we're confident that these young men will be found to be innocent," he said.
Calls to the Finnerty and Seligmann homes Tuesday morning were not immediately returned. No one answered the door at the Finnerty house, which sits in a cul-de-sac of million-dollar homes on Long Island. A lacrosse net and equipment could be seen in the yard, which abuts a golf course.
The alleged victim, a 27-year-old black woman and mother of two children, told police she was attacked March 13 by three white men in a bathroom at a party held by the lacrosse team.
The racially charged allegations have led to near daily protest rallies. The school canceled the highly ranked team's season and accepted the resignation of coach Mike Pressler after the release of a vulgar and graphic e-mail that was sent by a team member shortly after the alleged assault.
Defense attorneys have urged Nifong to drop the case, saying DNA tests failed to connect any of the 46 team members tested to the alleged victim.
But Nifong has argued that he has enough evidence to proceed. He has said 75 percent to 80 percent of rape prosecutions lack DNA evidence. According to court records, a medical examination of the woman found injuries consistent with rape.
Defense attorneys have said time-stamped photos taken the night of the party show that the alleged victim was injured and impaired before she arrived.
Nifong has declined to discuss the case. He was appointed to the job last year after nearly three decades as a lawyer in the district attorney's office and is up for election.
Brian Loftus, of Syossett, N.Y., the father of two players on the team, told ABC's "Good Morning America" in an interview broadcast Tuesday that he approached one of his sons and asked him about the alleged attack.
"I asked him ten times. I said, 'Did anything happen?' Both my sons ... all they ever told me was 'Dad, nothing happened. Nobody did anything,'" Loftus said.
School officials said Monday that the lacrosse coach was warned last year that his players had too many violations of the campus judicial code and he needed to "get them in line."
Duke athletic director Joe Alleva said the university's executive vice president reviewed the lacrosse team's disciplinary record last year, then discussed his findings with Alleva.
"He said there were too many incidents, but there's not enough incidents to make a drastic change in the program at this point in time," Alleva told The Herald-Sun of Durham. Alleva told the coach "his team was under the microscope, and he had to do everything he could to get them in line and to not have any more behavior problems."
The review by Tallman Trask III, Duke's executive vice president, was spurred by reports of "boorish behavior" by the lacrosse team, Alleva said.
Sue Wasiolek, Duke's dean of students and assistant vice president for student affairs, said the review showed the lacrosse team had a "disproportionate" number of violations of the campus judicial code. None was particularly serious, but administrators were concerned about the cumulative record and the fact that some players had several violations, she said.
____
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Prettybabygirl
"Cyniquian" Level Poster
Username: Prettybabygirl
Post Number: 286
Registered: 04-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 10:52 am: |
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The photos are going to prove the victim's case!
I took this from CBSNEWS.COM
CBS News correspondent Trish Regan met with defense attorneys, who showed her time-stamped photographs taken at the lacrosse party where the alleged rape occurred. In all, she saw 23 photos, which attorneys say prove their clients’ innocence — in part because they show that the woman was already bruised and cut when she arrived at the house. Because of the cuts, they say if a rape took place, her DNA should have been discovered.
The pictures begin at 11:02:36 p.m. There's a photo of the lacrosse players sitting in the living room.
According to a neighbor’s testimony, the alleged victim arrived at the players' house around 11:50 p.m.
At midnight (12:00:12 a.m.), there is the first picture of the alleged victim. She is laying down on the floor, partly clothed, with the second dancer standing over her. Regan reports that she could see what appeared to be sores, or small open wounds on both of her knees, as well as bruises, and a blister on her right foot.
At 12:03:57 a.m., the women appeared to be leaving the room, Regan reports. The defense says they had finished dancing, and her right shoe was on the floor.
A neighbor says he saw the alleged victim in the front yard some time between 12:20 a.m. and 12:30.
The next photo Regan saw of the alleged victim was taken at 12:30:12 a.m. The woman was on the back porch. In a photo reportedly taken less than a minute later, she's seen with only one shoe and seemed to be smiling.
In a photo taken at 12:37:58, the alleged victim is lying down. It looks like she fell, Regan reports. According to Regan, there appear to be new bruises on her backside and scratches on her legs. In another set of photos, taken immediately after the fall, there are pink splotches on the stair railing the DA believes are blood. The defense believes those splotches are from nail polish. When the alleged victim fell, her freshly painted nails hit the railing, attorneys say.
A photo with the time code 12:41:32 shows the alleged victim being helped into a car apparently before leaving the property.
However, CBS News legal analyst Wendy Murphy tells The Early Show co-anchor Rene Syler that "if you really look at the photographs, they provide a 27-minute gap, which is exactly the amount of time the victim says she was in the bathroom being raped by three of these guys."
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Chrishayden
"Cyniquian" Level Poster
Username: Chrishayden
Post Number: 2077
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 01:07 pm: |
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Too bad you're not going to be on the jury. The woman was drunk out of her gourd and don't remember nothing. The defense attorneys would eat her alive on the stand. I bet she is getting death threats every hour. None of you remembers the William Kennedy Smith case, do you?
They are not going to send these good white boys to jail for raping a black stripper (notice how that's what they keep calling her? Not mother of two. Not college student) in North Carolina.
You know that, don't you? |
Mzuri
"Cyniquian" Level Poster
Username: Mzuri
Post Number: 384
Registered: 01-2006
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 02:45 pm: |
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Here are the indictments:
http://www.thesmokinggun.com/archive/0418061duke1.html |
Kola_boof
"Cyniquian" Level Poster
Username: Kola_boof
Post Number: 1973
Registered: 02-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 05:50 pm: |
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Hi Chris!
Unfortunately, you may be right. This is America. But I'm just very pleased to see something being done, and I was happy to hear the DA on t.v. this morning announcing that he will arrest a 3rd suspect in a few days.
PrettyBabygirl, HIIIIII!!
I love this from CBS that you posted, it's very very good evidence:
In a photo taken at 12:37:58, the alleged victim is lying down. It looks like she fell, Regan reports. According to Regan, there appear to be new bruises on her backside and scratches on her legs. In another set of photos, taken immediately after the fall, there are pink splotches on the stair railing the DA believes are blood. The defense believes those splotches are from nail polish. When the alleged victim fell, her freshly painted nails hit the railing, attorneys say.
A photo with the time code 12:41:32 shows the alleged victim being helped into a car apparently before leaving the property.
However, CBS News legal analyst Wendy Murphy tells The Early Show co-anchor Rene Syler that "if you really look at the photographs, they provide a 27-minute gap, which is exactly the amount of time the victim says she was in the bathroom being raped by three of these guys."
Now if only the people are right who are saying that the DA has a few "bombshells" that he's been holding back. ABC was reporting that he has two extra Top Secret surprise witnesses.
If that's true, then Chris Hayden may truly have to eat his words.
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Roxie
"Cyniquian" Level Poster
Username: Roxie
Post Number: 788
Registered: 06-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 06:01 pm: |
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Still Happy day!
Oyeeeeee! |
Kola_boof
"Cyniquian" Level Poster
Username: Kola_boof
Post Number: 1974
Registered: 02-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 06:09 pm: |
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Hi Roxie!!!
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Roxie
"Cyniquian" Level Poster
Username: Roxie
Post Number: 789
Registered: 06-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 06:57 pm: |
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Hello!
I just finished "Diary" over the Spring break!
Expect a review soon!
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Yvettep
"Cyniquian" Level Poster
Username: Yvettep
Post Number: 998
Registered: 01-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 07:38 pm: |
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More news about one of the indicted from 365gay.com:
(Durham, North Carolina ) One of two Duke University students charged Tuesday with raping a female dancer also is accused of an attack on a gay man in Washington DC.
University lacrosse players Collin Finnerty and Reade Seligmann were arrested early Tuesday and charged with first degree rape, first degree sexual offense and kidnapping.
Bond for each was set at $400,000.
Finnerty, of Garden City, N.Y, is already facing an assault charge in Washington DC, the Durham Herald-Sun reported on Tuesday.
The charge stems from an incident on Nov 5 in which a gay man was attacked by three men in the Georgetown area of the district.
The victim in his report to police said that the three assailants hurled homophobic remarks while they beat him. He suffered a cut lip and multiple bruises.
Finnerty did not enter a plea in the case and was ordered to perform 25 hours of community service in Washington. He also entered a District of Columbia diversity program and his lawyer said he understood the assault charge would be dismissed when he returns to court on Sept. 25...
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Tonya
"Cyniquian" Level Poster
Username: Tonya
Post Number: 2317
Registered: 07-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 07:48 pm: |
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I, for one, can't wait until they get that bigot off the streets. He, and his homophobic, nigger hating Klan buddies, is through! |
Roxie
"Cyniquian" Level Poster
Username: Roxie
Post Number: 792
Registered: 06-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 18, 2006 - 08:45 pm: |
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One more time!:
Oyeeeeeeeeee! |
Chrishayden
"Cyniquian" Level Poster
Username: Chrishayden
Post Number: 2081
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, April 19, 2006 - 01:31 pm: |
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In order to have a chance the Prosecutor will have to get a change of venue someplace where he can get an all or mostly black jury.
You see what that all white jury did up in Milwaukee. |
Chrishayden
"Cyniquian" Level Poster
Username: Chrishayden
Post Number: 2082
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, April 19, 2006 - 01:37 pm: |
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ABC NEWS EXCLUSIVE: Key Evidence Supports Alibi in Potential Rape Defense for One Indicted Duke Player
Reade Seligmann Was At Party, But Has An Alibi and Taxi Driver Witness and a Call to Girlfriend
By CHRIS CUOMO, ERIC AVRAM, and LARA SETRAKIAN
April 19, 2006 — - On Monday, they were indicted for allegedly raping and kidnapping a 27-year-old woman at an off-campus party. On Tuesday, they turned themselves in and were released from custody after posting a $400,000 bond. For Duke University sophomore lacrosse players Collin Finnerty and Reade Seligmann, a long legal battle has just begun.
Over the last few days, sources close to the defense have given ABC News an exclusive look at the evidence behind one player's alleged alibi -- evidence that includes electronic records, photographs and witness statements. If that material is authentic, it could prove that it was practically impossible for him to rape, kidnap or assault the alleged victim.
Seligmann's argument is simple: He is innocent and he has an alibi. He attended the party that night, but documents, photos and witness testimony show that he wasn't there long enough or at the right time to attack the alleged victim.
Around midnight the night of March 13, Seligmann was already at the party when two women hired from a local escort agency arrived to dance for the boys -- $400 each for a two-hour performance. A series of time-stamped photographs viewed by ABC News show the girls dancing at midnight and at 12:02 a.m.
By 12:24 a.m., a receipt reviewed by ABC indicates that Seligmann's ATM card was used at a nearby Wachovia bank. In a written statement to the defense also reviewed by ABC, a cabdriver confirms picking up Seligmann and a friend a block and a half from the party, and driving them to the bank. By 12:25 a.m., he was making a phone call to a girlfriend out of state.
What did Seligmann do after leaving the bank? The taxi driver remembers taking him to a drive-thru fast-food restaurant and then dropping him off at his dorm. Duke University records show that Seligmann's card was used to gain entry at 12:46 a.m.
In addition to bolstering Seligmann's alibi, the taxi driver's written testimony provided a rare glimpse of color in an otherwise darkened night.
"I remember those two guys starting enjoying their food inside my car, but I'm glad I end up with a nice tip and fare $25," the taxi driver said in his testimony.
Small Window of Time for Defendant and Alleged Victim
ABC News traced the steps of Seligmann's story, timing how long it took to get from place to place. In repeated trials, the drive between the Wachovia branch and the corner where the cab picked him up took approximately five minutes. This suggests that Seligmann must have left the house by around 12:19 a.m.
So, Seligmann's alibi suggests, he and the alleged victim were in the house together for less than 20 minutes. According to defense sources, based on the alleged victim's affidavit, all of the following would have transpired within that time period: She and her dance partner performed for several minutes, left after feeling threatened by the boys' growing "excited and aggressive," returned after being persuaded by team members to dance some more, and then she was forced into a bathroom, beaten and raped.
Within those same minutes, phone bill records reviewed by ABC show that the defendant's cell phone made at least two outgoing calls.
Seligmann and his co-defendant were presumably among the players identified by the alleged victim last Thursday. According to defense attorneys, the prosecution said the woman picked out two of her alleged attackers with 100 percent certainty and one other attacker with 90 percent certainty while examining pictures. But did Seligmann have the time, much less the will, to commit a violent, sexual crime?
Though he was indicted, Seligmann is presumed innocent until a jury says otherwise. No one knows what evidence District Attorney Mike Nifong will bring as he looks to convict Seligmann and Finnerty. If that conviction occurs, the two young men face mandatory jail time. Whether the evidence above will clear their names -- in either a court of law or in the court of public opinion -- will become clear in the weeks and months to come.
Copyright © 2006 ABC News Internet Ventures
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Chrishayden
"Cyniquian" Level Poster
Username: Chrishayden
Post Number: 2083
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, April 19, 2006 - 01:43 pm: |
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Eyewitness News Looks at Party Photos
By Steve Daniels
(04/18/06 -- DURHAM) - Eyewitness News and the ABC News law-and-justice unit are getting a chance to examine time-stamped photos taken inside the home on the night of the controversial Duke lacrosse party.
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The photos are believed to be authentic and taken by one of the students at the March 13 party. The time stamps on the photos appear to be accurate. Pictures of a wristwatch magnified for clarity correspond with the time on the photos. The players are sitting on three couches in a semicircle with the dancers in the middle.
11:02 p.m.: The first picture shows at least 10 students hanging out in a living room, apparently waiting for the dancers to arrive. Most of the students appear to be drinking. By the number of people in this photo, it appears only a fraction of the 47 lacrosse team members are there.
12 a.m.: This is the first picture of the strippers. Students are watching the show, but not grabbing or attempting to touch the women. Bruises are clearly visible on the legs and thighs of the alleged victim.
12:00:40 a.m.: Another picture taken 40 seconds later shows bruises on the accuser's knees. Her right knee appears to have an open cut.
12:03:57 a.m.: About four minutes after arriving, a picture shows the strippers leaving the room. The photo clearly shows that the alleged victim left behind one of her shoes.
Between 12:10 a.m. and 12:30 a.m.: No photos were taken between this time.
12:30:12 a.m.: The next photo shows the alleged victim on the back porch, carrying what appears to be her purse and a makeup bag. Her clothes are intact.
12:30:47 a.m.: A photo taken 30 seconds later shows the alleged victim on the porch and she appears to smile.
12:31:26 a.m.: But 30 seconds after that, a photo shows the alleged victim stumbling down the back steps of the house.
12:37:58 a.m.: A series of photos are taken, all showing the woman lying on her left side on the back porch, seemingly passed out or asleep. She had visible cuts on her legs and buttocks that did not appear in the previous photos.
The cuts may be from falling. The cuts on her buttocks line up with the edge of a screen door she may have hit on the way down.
12:41 a.m.: The final photo shows the accuser and the second dancer in a black car. The accuser is in the passengers seat.
Many of the photos taken on the back porch show pink splotches, which the defense says is undried nail polish. They claim the accuser was polishing her nails in the bathroom between 12:10 a.m. and 12:30 a.m. - - not being raped.
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Tonya
"Cyniquian" Level Poster
Username: Tonya
Post Number: 2322
Registered: 07-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, April 19, 2006 - 07:15 pm: |
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Did the prosecutor give a time line?
And have you ever heard of the word "SPIN?" |
Babygirl
"Cyniquian" Level Poster
Username: Babygirl
Post Number: 283
Registered: 04-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, April 19, 2006 - 07:27 pm: |
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Those connected with the Rape Crisis Center and other venues to aid victims of sexual assault are now working double time. Seems that the power base funding the defense want to release the name and identity of the victim. They claim that with all the negative press it's only FAIR and in this day and age the moral and ethical tactic of protecting the victim from further harassment and assault should cut both ways. Since the "boys" have been ID'd and their photos splashed over the news, hers should be as well. Since they can bear the burden of the negative attention then there is no reason why she can't. They're arguing that Kennedy's "victim" was ID as well as Tyson's with no repurcussions and since there is no LEGAL grounds to prevent such from happening, she has to hope the media will follow the ethical codes most have in place as policy.
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Chrishayden
"Cyniquian" Level Poster
Username: Chrishayden
Post Number: 2085
Registered: 03-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, April 20, 2006 - 01:10 pm: |
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Babygirl:
They are going to destroy this woman. Those pictures are already on the net. Someone is going to identify her and her life is going to be hell.
Tonya:
You can't get it through your head that the power structure does not think a crime was committed--even though it was.
You young black people need to wake up. You are viewed as a different kind of being not deserving of being treated like a human being. Young black women, you do what this lady did at your peril. You are going to be victimized and nothing is going to be done about it. |
Tonya
"Cyniquian" Level Poster
Username: Tonya
Post Number: 2326
Registered: 07-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, April 20, 2006 - 07:51 pm: |
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It only hurts when I'm viewed that way by men like you. If I'm out of line, you need to make yourself more clear. |
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