"They don't want to go up against me," Nifong said when asked outside court Monday about the defense request for his removal. He has denied any political motivation behind his aggressive investigation.

"Their way of trying a case in the media is not to call press conferences, but to simply file motions and court papers that contain outrageous or false statements and assume that people will report them as if they were facts," Nifong said.

"I am convinced there was a rape, yes Sir" to Dan Abrams, 3/28/06 and "There's no doubt in my mind that she was raped and assaulted at this location" to Bill O'Reilly, 3/29/06.

He can't take back his 70 media appearances or his prejudicial statements, particularly, "I am convinced there was a rape, yes Sir" to Dan Abrams, 3/28/06

No offense, IMHO, but Nifong's response sounds like a lot of false bravado.

Criminal lawyer Kerry Sutton of Durham, N.C., admires local district attorney Mike Nifong. She thinks the Durham county prosecutor is ethical and honest--in short, a solid lawyer. "I have a campaign sign of his in my front yard," she said last week. But Sutton, who is representing one of the 45 Duke lacrosse players who have not been charged in the alleged rape and kidnapping in Durham last month, takes a different line when it comes to Nifong's handling of the controversial case. "I think he's made some decisions I would not have," she said.

Even Butch Williams, who represents some of the lacrosse players, supports Nifong's candidacy, and says the DA is "honest and forthright, firm but fair. It is never personal with him."

...pictures would seem to suggest that [AV] was severely intoxicated...this is a fact..

complainant was impaired...at the beginning of the dance cannot be seriously challenged.

Roberts said that she thought the other woman arrived sober. But when the two began their strip show around midnight, the other woman began having trouble. "She started stumbling," recalled Roberts. "When I think back on it, she had a glassy look in her eyes." Roberts says she "gave her a look that said, 'C'mon, girl, what's going on?'-but got no response. The dance lasted about 10 minutes, according to Roberts; the defense lawyers say it lasted only about three minutes.

It just occurred to me. Maybe the main reason for filing this recusal motion was to hurt Nifong's reelection chances by making all the allegations of personal misconduct against Nifong.

I am curious why there's been no response to this article in the Charlotte Observer.

The relevant quote is "In 1998 the accuser told police that her ex-husband had tried to kill her, according to the court filings."

It's worth noting that the police report has the accuser's claim that the rape lasted 30 minutes, with no mention of any of the three leaving as the event was occurring.

Are you talking about the search warrant or do you have information from a police report?

Are you talking about the search warrant or do you have information from a police report?

A lot of people, including myself, have tried to come up with plausible reasons or motives why the AV would falsify a claim of rape in the face of 40 hostile witnesses.

I think Nifong may be right, and Defendant filed this motion to simply rehash the same arguments for favorable press coverage.

"I am convinced there was a rape, yes Sir" to Dan Abrams, 3/28/06 and "There's no doubt in my mind that she was raped and assaulted at this location" to Bill O'Reilly, 3/29/06.

chew2, remember I mentioned a possibility of bipolar disorder or schizophrenia last week? And unlike Dr. Frist, I don't even have a medical license.

Investigator Hinman swore under oath on March 23, 2006, that XXXXXXXXX "reported she was sexually assaulted for an approximately 30 minute time period by three males."

Chew2, she not only made this claim the night of the alleged rape, she gave the police the details 31 hours later after she had plenty of time to back out.

Indeed, Nifong counts a number of the dozen or so lawyers on the Duke defense team among his friends and supporters: One of them, Bill Thomas II, gave $1,000 to Nifong's reelection campaign in January, records show. Another, James D. "Butch" Williams, endorses him on Nifong's campaign website.

While some of the players' attorneys criticized Nifong's specific actions in the Duke case in recent weeks, they continued to vouch for his fitness for public office. But Nifong's refusal to meet with some of them and hear exculpatory evidence has been a source of frustration.

A separate motion -- one of several filed Monday -- asks the court to suppress the accuser's identification of the two suspects, arguing that the photo lineup that Nifong and police put her through was flawed.

It also alleges that the accuser has "serious credibility problems." The motion makes reference to a 1996 rape allegation the accuser made, which police did not pursue for reasons that are unclear. It also alleges that the accuser stated that her husband threatened to kill her in 1998, but failed to appear at a hearing to prove her allegations, ending the investigation.

And IMHO, the fiance who urged her to file charges in the first gang rape, that was the guy who was trying to kill her, right? That is, he was trying to kill her because she had no logical reason to lie to the police about that.

It also alleges that the accuser stated that her husband threatened to kill her in 1998

If the DA participated in the photo IDing, he's fair game to be called up as a witness to that, right?

PB, you just don't get it. I suppose until a direct member of your family, or yourself, is a victim of a overzealous prosecutor, you never will.

IMHO,

It's customary for yahoos like us to bandy about terms from the DSM with abandon, but there's a reason real doctors don't do that.

Yes. Especially when ignorant use of those medical concepts don't help us to explain the topic under discussion.

I think that anyone who is serious about this case would be foolish to ignore the pattern here or dismiss out of hand that the woman may have some kind of mental illness which may have something to do with her behavior and her report of gang rape to the police. She may have been angry that she wasn't paid. She certainly was intoxicated, which would cloud her judgment. She certainly would not have appreciated the sexist and racist comments made toward her. All of these things would play a part in her decision-making process.

Kim Cates is furious with Durham police for not arresting a New Black Panther member.

Durham resident Kim Cates said she felt threatened when one of the New Black Panthers took an aggressive stance towards her. She said he looked like he was going to hit her. She wanted police to arrest the man, but officers say he didn't break any laws.

"They don't deserve to be here, they don't need to be here!" Cates shouted. "We have enough problems of our own in this town and we need to take care of it (ourselves.) Let justice take care of itself!

Hey, I didn't call us all "yahoos," that PB character did, though I concur.

More recently, the Supreme Court in Buckley v. Fitzsimmons, 113 S. Ct. 2606 (1993), reaffirmed the principle that "[a] prosecutor's administrative duties and those investigatory functions that do not relate to an advocate's preparation for the initiation of a prosecution or for judicial proceedings are not entitled to absolute immunity," although those duties and functions may be protected by qualified immunity. Id. at 2615. The Court reasoned that, "[w]hen a prosecutor performs the investigative functions normally performed by a detective or police officer, it is 'neither appropriate nor justifiable that, for the same act, immunity should protect the one and not the other. The Court in Buckley held that a prosecutor, who was sued in a § 1983 action by a released murder suspect, was not entitled to absolute immunity because he was not acting as an advocate for the State when he allegedly fabricated evidence against the murder suspect and made false statements to the press about that evidence. Rather, we view Prosecutor Bissell's act of advising Chief Thornburg during the challenged forfeiture negotiations as the functional equivalent of a prosecutor providing legal advice to police during the investigative stages of a criminal proceeding, an act which is not absolutely immunized from liability. Burns v. Reed, 500 U.S. at 496. Burns v. Reed rejected any notion that giving legal advice to investigators is related to a prosecutor's role in screening cases for prosecution and in safeguarding the fairness of the criminal judicial process. The Court reasoned that: Indeed, it is incongruous to allow prosecutors to be absolutely immune from liability for giving advice to the police, but to allow police officers only qualified immunity for following the advice. . . . Almost any action by a prosecutor, including his or her direct participation in purely investigative activity, could be said to be in some way related to the ultimate decision whether to prosecute, but we have never indicated that absolute immunity is that expansive. That reasoning, which we believe applicable here, was reaffirmed by the Court in Buckley v. Fitzsimmons , 113 S. Ct. at 2617 ("When the functions of prosecutors and detectives are the same, as they were here, the immunity that protects them is the same.").

As we stated in Good , "[t]he ultimate issue is whether, despite the absence of a case applying established principles to the same facts, reasonable officers in the defendants' position at the relevant time could have believed, in light of what was in the decided case law, that their conduct was lawful." 891 F.2d at 1092. We note that qualified immunity protects "all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs , 475 U.S. 335, 341 (1986); Schrob I , 948 F.2d at 1421.

Can a defense atty selectively withold evidence in his possession, such as the camera and photos of the party from discovery. What if those photos were incriminating or not helpful to his case?

The proper line-up procedure was a judgement call and not plainly illegal so as to violate the defendant's constitutional rights.

It also alleges that the accuser stated that her husband threatened to kill her in 1998, but failed to appear at a hearing to prove her allegations, ending the investigation. Durham police were unable to verify that allegation Monday evening.

But a number of Durham lawyers -- prosecutors and defense attorneys -- have scoffed at the idea that Nifong would play politics with such a serious matter. Brian Aus, a Durham defense attorney, noted that Nifong shied away from politics for most of his 25-plus years in the district attorney's office. .................. For the first time, Nifong has had to campaign to keep his job. "But he is not a political figure," Aus said. "He's stayed in the past away from politics. ......But I don't believe there was any political idea regarding these indictments." Over the years, Nifong earned a reputation among many Durham criminal attorneys as a tough prosecutor, but also a fair one: Aus said Nifong often gave the defense access to files beyond those he was required to turn over under North Carolina discovery laws. Indeed, Nifong counts a number of the dozen or so lawyers on the Duke defense team among his friends and supporters: While some of the players' attorneys criticized Nifong's specific actions in the Duke case in recent weeks, they continued to vouch for his fitness for public office.

So if the three men gave her a drug in order to knock her out and rape her, they didn't wait for it to start working. What's the point of giving someone a drug to knock them out and not wait for it to start working?

How can you presume that someone's memory will be impaired before the drug starts to work?

(Last I checked this is TL's blog, not that of Chew2 and IMHO).

The defense might be able to ask the AV about these reports on cross, but if the AV said the allegations happened, the collateral evidence rule will probably prohibit the defense from introducing evidence to counter that assertion.

Specific instances of the conduct of a witness, for the purpose of attacking or supporting his credibility, other than conviction of crime as provided in Rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross‑examination of the witness ...

(b) Other crimes, wrongs, or acts. - Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.

Can the defense ask, "Have you ever made charges of a crime committed against you to the police? How many times?

"Did you pursue these charges? Did the police pursue these charges? Why not?"

NC Ev. Code Sec. 404(b) provides: (b) Other crimes, wrongs, or acts. - Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.

If the AV had been taking anti-psychotic medications, for example, and then stopped treatment against medical advice, would that be admissible?

If the other stripper were otherwise occupied (as she apparently was) wouldn't it make sense to wait until the alleged victim began getting woozy (presuming you accept Roberts' opinion of the AV's sobriety and not the lacrosse team's).

And wouldn't it cross their minds that the other one was a potential witness to a felony crime?

Kim Roberts, who at the time was phoning in a false report to the police. She may have been stripper or she may have been a banker or a school teacher or in line for sainthood, but she was lying to the police about the time the comment was made.

12:53 A.M. TELECOMMUNICATOR: "Durham 911, where's your emergency?" CALLER: "Hi, I don't know if this is an emergency or not, necessarily, but I'm in Durham, and I was driving down near Duke's campus, and it's me and my black girlfriend, and the guy -- there's like a white guy by the Duke wall -- and he just hollered out 'n-----' to me. And I'm just so angry I didn't know who to call. [Crying] "I don't know if this is an emergency. They're just hanging out by the wall on Buchanan [Boulevard]." TELECOMMUNICATOR: "On which side?" CALLER: "It's right outside of 610 Buchanan [Blvd]. And I saw them all come out of, like, a big frat house, and me and my black girlfriend are walking by, and they called us 'n------.' [Sobbing] "So I don't know what's gonna happen. I'm not gonna press the issue, I guess. But I live in a neighborhood where they wrote KKK on the side of a white station wagon, and that's near right where I'm at, you know what I mean. And they didn't harm me in any way, but I just feel so completely offended, I can't even believe it. I thought, you know what I'm saying, times have changed, and I don't even know what's going on. "It's right in front of 610 Buchanan. I saw them coming out of this frat house. 610 North Buchanan. ... "So, I'm not going to press the issue, but, whatever, however Durham city feels about racial slurs and stuff, however you guys want to handle it, you can handle it however you do. I'm not hurt in any way, OK. "Thank you .

"Don't forget that they called me a damn n-----," she said. "She (the accuser) was passed out in the car. She doesn't know what she was called. I was called that. I can never forget that.

"piece of paper in vechicle: suckie suckie $5.00"

After all, he supposedly didn't know his daughter was stripping, which she had done at least four years prior to this latest incident

The accuser had worked for an escort company for two months, doing one-on-one dates about three times a week.

"It wasn't the greatest job," she said, her voice trailing off. But with two children, and a full class load at N.C. Central University, it paid well and fit her schedule.

This was the first time she had been hired to dance provocatively for a group, she said. There was no security to protect her, and as the men became aggressive, the two women started to leave. After some of the men apologized for the behavior, the women went back inside, according to police. That's when the woman was pulled into a bathroom and raped and sodomized, police said.

IMHO, Roberts wasn't just "driving by." She was leaving the premises after an apparently bad job with a very negative audience. I didn't say anyone was going to file charges against her for it, I said she was lying. She was trying to make a complaint to the police about the men at the party without saying that she had been stripping there. Lie means not telling the truth. Lying to the police means not telling the truth to the police. Just one lie.

but I'm in Durham, and I was driving down near Duke's campus,

I read in a news report (I forget which publication) a couple of weeks ago that a neighbor said that he saw the accuser re-enter the house at about 12:30.

Posted by sarcastic unnamed one May 2, 2006 03:40 PM I do believe that it would be possible, and likely, that some of the guys in the house could have not been aware if a rape was occurring in the house's bathroom, but I do not believe that it would be possible that all the guys in the house could have been unaware.

sarcastic, it sure would make it easier if Nifong just gave out all the information. We could sort it out. Then I could go back to my work in preventing nuclear war with Iran.

the night she tried out at the strip club, or one could look at that and say:

the night she committed a felony, grand theft auto as well as fleeing and eluding police officers.

IMHO, Don't you get tired of responding and correcting the facts to the same old arguments and speculation? Same argument, different guy. It's like ground hog day over and over.

It seems likely that with all the lawyers and wealthy families and threatened futures that someone would have come forward and told what happened if they knew.

she has got to be the unluckiest woman on the planet, gang raped more than once, ex-husband wanted to kill her, cannot find a job and on the only night she decides to steal a cab, the cops find out and chase her.

The odds of 40 duke-educated upper-class kids being totally cool with a violent gang rape just don't seem that high. Nevermind that it's nearly impossible for 40 people to keep a secret.

Malik Zulu Shabazz, an attorney with the New Black Panthers, told Fox News Channel Tuesday that the prosecutor in the Duke rape case shared information and evidence with the Panthers during a meeting. [snip] Shabazz claims the evidence shows the white lacrosse players are guilty of sexually assaulting the victim, who's a black woman.

I haven't gone over to the house to see for myself, but from what I can glean, Bissey can't really tell from his porch when someone enters the back door to the house... So all he really sees is people head around the house and out of his sight.

My life was 3 times as hard as hers has been reported, do I get a medal for overcoming that?

The odds of 40 duke-educated upper-class kids being totally cool with a violent gang rape just don't seem that high. Nevermind that it's nearly impossible for 40 people to keep a secret.

You can kiss your Duke career goodbye.

In short, a rape examination may show that the victim had unwanted sex. It may show that she sustained injuries consistent with being raped. That alone will not prove she was raped by Seligmann, Finnerty and Teammate X, or that she was raped at the frat house, or even that she was raped.

According to the AV, she went in once, came out, went back in and was assaulted and raped for half an hour, and then fled the place. If Bissey saw her go around to the back at 12:30, she a) obviously wasn't fleeing at that time and b) was outside at that time. So according to her story, the rape had to have occurred after that time.

Unfortunately, all the parts in this drama are being played by human beings whose souls are all a bit impure.

were the charges reduced because the prosecutor took into account she had two kids and was attending college? sounds to me like she caught a break.

It is funny to me that the people empathizing with her have no idea what her real background is and talk about overcoming issues as if they have real inside knowledge. My comparison above is no exception.

When you put stuff out there about how someone is overcoming crap, it is as ridiculous as me claiming my life was harder or 3 times as hard.

Even if it was.

Suppose that Bissey's later sighting was simply the woman attempting to go back for her shoe, at which point she was locked out.

In my experience when an ex-lover or ex-spouse has nothing but good to say about a person, they either are telling the truth or they fear for their life.

Did she say that she tried to go back in for a shoe after being raped? I wasn't aware of that.

If I knew how many bathrooms were in that house I'd have a better idea of how many people at the party were aware that the bathroom door was locked.

The one where the DNA was found was the bathroom used only by two of the players who live there.

This is definitely not a case where "the truth lies somewhere in between." Either the AV was forcibly raped by three white guys in that house or she wasn't. If she wasn't, then she is guilty of something that, to my mind, is even worse than rape.

Teresa, thanks, but I'm not sure what you're saying. The one where the DNA was found? As far as I know there was no DNA found (so far) connecting the men to the alleged rape.

If he has anything bad to say about the defendant he might well be afraid to come out with it, when many members of his community seem to regard her as a sort of Joan of Arc and the New Black Panthers are out in force.

According to a timeline put out by defense lawyers, one exotic dancer, Kim Roberts, 31, appeared on time, but another dancer, who was dropped off by a car, arrived a half hour late.

IMHO, just as a reality check. Do you believe the priest at his high school who said that Seligmann would never commit such a crime?

Oops. Mr. Nifong appears to have won the election.

The accuser's ex-husband made these statements about her way before the Black Panthers entered the picture. Do you think he made up the story about her teaching him to read?

Bissey said she went back for her shoe, as did Ekstrand, a defense attorney for many of the players. His model, by the way, has the accuser return to the house for her purse sometime between 12:10 and 12:30 for an undisclosed period of time.

You can't keep 40 people quiet. Somebody's going to talk.

It sounded like a whine-a-thon.

The accounts I've read say that she went in, came out, and went back in. I don't recall reading that anyone said she tried to go back in a third time.

The women go out to the second stripper's car at about 12:20, but the accuser has left her purse behind; she goes back inside to get it, according to Ekstrand. A photo at 12:30 shows the alleged victim standing outside the back door of the house looking down into two bags with what appears to be a smile. She's wearing only her scant red-and-white outfit and one shoe.

By the time she realizes she's missing a shoe--a few minutes later--the guys have locked the door to keep her out

, say the attorneys. A 12:37 photo shows she's lying on the back stoop; she fell, according to Ekstrand. Her elbow is dusted and scraped, and her ankle is cut and bleeding.

Are you calling it whining because you're sure the accuser's story is true?

Or because you think that when white guys are accused of raping a black woman it's unseemly for a white guy who's stigmatized by the accusation to contradict it, whether or not it's true?