The Herald Sun reports on a new round of attacks on the Duke lacrosse accuser's credibility in the alleged rape case.

For example, three defense sources, who asked not to be identified, said a forensic examination of the alleged victim found no tearing, bleeding or other injury associated with a sexual assault. Instead, the exam detected only swelling in the accuser's vagina and tenderness in her breasts and lower right body, the sources said.

by Last Night in Little Rock

Over the weekend, the FBI searched the Congressional office of Rep. William Jefferson, and Republicans in the House are crying "foul" and "separation of powers." See House Leaders Question F.B.I. Search on NYTimes.com today.

As readers of this website and FourthAmendment.com have undoubtedly noticed, I tend to lean toward the citizen on Fourth Amendment claims. I also read the cases everyday, and I know the trends and what the courts can do and not do with particular facts. I am also a Fourth Amendment realist seeking to balance individual privacy and government need.

by TChris

Electronic information identifying every veteran discharged since 1975 has been stolen. If you're in that group, you should be aware of what was taken.

The data included names, Social Security numbers and dates of birth for the military veterans and some spouses, the department said, although there had as yet been no indication it had been used for identity theft.

The data was stolen from the residence of a Department of Veterans Affairs employee who violated a Department policy by bringing the information home.

Durham County DA Mike Nifong has hinted for over a month that a toxicology report may show the accuser in the Duke Lacrosse players' case ingested a date-rape type drug.

When the case first broke in the press, Prosecutor Mike Nifong, a white
man who is running for election in a racially mixed county, hinted to
Newsweek that blood and urine tests of the woman would reveal the presence
of a date- rape drug.

Last week, the DA turned over more than 1,200 pages of discovery. Guess what? No toxicology report was included.

With over 300 comments on Friday's thread, it's time for a new one. This is for all topics related to the rape accusation against the three Duke Lacrosse players or the legal proceedings . What's in the news? I like Joanna Spilbor's take at Findlaw on the D.A. refusing the defense's attempt to provide evidence.

I can't help but believe that, were any of these defendants to assert that they had proof that a crime was indeed committed, this district attorney would be all ears. Suppose, for instance, that Seligmann or Evans were to turn on Finnerty, to try to save themselves - surely Nifong would happily hear them out. So how can the prosecutor justify, then, turning a blind eye to evidence of any of the accused's innocence?

Our last Duke thread on this week's court hearing is full. Here's a new one for all topics related to the Duke lacrosse player's rape case.

by TChris

James Tobin, the Republican party official who orchestrated a plot to jam telephone lines set up by the Democratic party in New Hampshire on Election Day 2002, has been sentenced to 10 months in federal prison and ordered to pay a $10,000 fine. That sentence doubles the 5 month sentence imposed on co-conspirator Allen Raymond, President of GOP Marketplace, LLC. Another co-conspirator, Charles "Chuck" McGee, the former executive director of the New Hampshire Republican Party, was sentenced to 7 months in federal prison.

The judge explained why this wasn't a simple case of prank calling:

"I'm not sure you recognize that the nature of this offense is extraordinary," Judge McAuliffe said Wednesday in imposing Tobin's sentence. "It was a direct assault on free and fair elections. ... Our democracy is fragile, it cannot afford assaults on the integrity of that process.

"It wasn't just about Shaheen and Sununu," he continued. "It was about an entire election. We'll never know if the wrong people are sitting in government. It had an impact. We just can't measure it."

Accused Duke Lacrosse player Reade Seligman has a hearing at 2:30 ET this afteroon. So do 9 other defendants. Seligman's lawyers want to raise some discovery issues, and it's not clear whether there will be enough time to battle over what they are entitled to.

In other case news, lawyer Mark Simeon, who reprsesents Dancer #2, Kim Roberts and may come to represent the accuser, is asking that the accuser's family lay off their media appearances so they don't hurt her case.

The Enron jury is deliberating the fate of Ken Lay and Jeff Skilling. Here's a recap of the witnesses who testified.

Andrew Cohen at WaPo's Bench Conference has been following the closing arguments. Today he discusses deliberations. I agree with him the jury won't return a very quick verdict. They have four months of evidence to pour through.

by TChris

People who are injured by the design or neglect of another are entitled to seek redress in civil court, but most crime victims wait for the criminal prosecution to resolve before they consider civil remedies. Eyebrows raise when an alleged crime victim is eager to pursue civil remedies. The prospect of a cash settlement can be a powerful incentive to embellish or fabricate a criminal accusation, and questions about the credibility and bias of a complainant who has a financial stake in her accusation are sure to arise.

The mother of the accuser in the Duke case says she is "very interested" in retaining a high profile civil litigator for her daughter. This story says the lawyer in question is playing the role of "family adviser" and hasn't spoken to the alleged victim.

With 232 comments on yesterday's post with news of Dave Evan's indictment, it's time for a new one. Just remember to put urls in html format so they don't skew the site. Instructions are in the comment box. And please, keep the dicussion civil.

Former Solicitor General Ted Olson will be representing Michael Skakel in his appeal of the CT Supreme Court's affirmance of his murder conviction to the U.S. Supreme Court.

Attorney Hope Seeley, who also represents Skakel, has said the appeal would likely focus on the statute of limitations, evidence not turned over during the trial and the decision to try Skakel in adult court even though he was 15 at the time of the crime.

Skakel was convicted of murdering Martha Moxley when they were both 15. I think the statute of limitations is a great argument. As I wrote here when the opinion (pdf) came down: