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Duke Lacrosse: New Defense Filing

TalkLeft commenters have been on top of the new defense filing for hours, but I'm just getting to it. Check it out, the defense tells the court Dancer #2 said the accuser's allegations were "a crock," there was no physical evidence of rape, the rape examiner was a trainee who only found signs of edema and did not attirbute it to a cause, and the accuser's father says the accuser is under the care of a shrink and in no condition to testify.

Joseph B. Cheshire, another defense lawyer, called on Mr. Nifong to dismiss all charges. He said there was no medical evidence to show the woman had been raped or injured. "All the things that Mr. Nifong said in his press conferences, the vast majority of those things, except his opinions, have proven to be untrue," Mr. Cheshire said in a telephone interview.

The filing by defense lawyers on Thursday also quoted details from the medical examination of the woman by doctors and a sexual assault specialist. Twenty-three pages of medical records were attached in a sealed envelope.

The lawyers said a trainee working as a sexual-assault nurse examiner at the hospital had reported the woman had "diffuse edema of the vaginal walls," or swelling, but made no conclusion as to whether it was consistent with a sexual assault. They also said the detective had not told the judge that the nurse was a trainee.

Time to dismiss? I think the case should never have been filed.

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    Re: Duke Lacrosse: New Defense Filing (none / 0) (#1)
    by inmyhumbleopinion on Thu Jun 08, 2006 at 08:56:31 PM EST
    SLOphoto posted:
    This may sound odd, but is it possible Kim never did have any racial insults hurled at her that night? "Thank your grandfather for my nice cotton shirt" is singular. Do we know that the "n" word was actually used in the plural that night? When Kim first reported it she was mad.
    WRAL.com
    "There were no kind words of the things I heard that were directed at the girls," said neighbor Jason Bissey.
    It sounds like Jason heard more than just the "cotton shirt" remark. I wonder what else he heard?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#2)
    by Bob In Pacifica on Thu Jun 08, 2006 at 09:22:26 PM EST
    Maybe Bissey heard, "You danced ten minutes for $800. We want our money back." Just keepin' it real, Immie.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#3)
    by Bob In Pacifica on Thu Jun 08, 2006 at 09:25:52 PM EST
    You know, there's the story about the 24 ounce bottle of beer. Then there's two 22 ounce bottles of beer. There are the one and a half mixed drinks. There's the flexeril. I wonder how many she took. A nice buzz. If only there was a taxi to steal. I bet if that cabbie who picked up Seligmann had recognized the AV he kept both hands on the steering wheel and the motor running.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#4)
    by Bob In Pacifica on Thu Jun 08, 2006 at 09:30:59 PM EST
    IMHO, remember how I was castigated for suggesting that since the AV had been hospitalized a year ago, and since she had shown some erratic behavior and a tendency in the past to accuse others of criminal activity against her, that it would be interesting to find out what exactly her mental condition might be. And now "the accuser's father says the accuser is under the care of a shrink and in no condition to testify." I thought I said just the other day that that's how it was going to end. Immie, I'm just keepin' it real, baby.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#5)
    by scribe on Thu Jun 08, 2006 at 09:35:18 PM EST
    TL: You're right about the case should never have been brought, but now we wind up with the defendants in the Sec'y Ray Donovan/Schiavone Construction situation: "Where do I go to get my reputation back?" Even with an unequivocal with-prejudice dismissal, Nifong will never come out and say "the defendants were wrongly accused and were innocent." So, even if he were so inclined, they're still screwed. Nifong has to litigate to save face and win election. Defendants have to litigate to save freedom and demolish false accusation and accuser's credibility. No end in sight.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#6)
    by inmyhumbleopinion on Thu Jun 08, 2006 at 10:10:37 PM EST
    Keepin' it Real BIP posted:
    Maybe Bissey heard, "You danced ten minutes for $800. We want our money back."
    Those are unkind words. A very real possibility.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#7)
    by cpinva on Thu Jun 08, 2006 at 10:19:37 PM EST
    imho posted:
    Keepin' it Real BIP posted:
    Maybe Bissey heard, "You danced ten minutes for $800. We want our money back."
    Those are unkind words. A very real possibility.
    it sounds more like a business deal not lived up to, and a refund demanded. not sure how you get "unkind words" out of that. however, we have no idea what was said, so it's all speculative. what isn't speculative is the huge black hole in DA nifong's case, waiting to be filled with actual pertinent evidence. it will be interesting to see how this motion is ruled on. of course, in the end, it matters only as far as trial costs, and possible loss of freedom is concernced, all parties have had their reputations shot to hell.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#10)
    by inmyhumbleopinion on Thu Jun 08, 2006 at 11:31:37 PM EST
    Bippy posted:
    IMHO, remember how I was castigated for suggesting that since the AV had been hospitalized a year ago, and since she had shown some erratic behavior and a tendency in the past to accuse others of criminal activity against her, that it would be interesting to find out what exactly her mental condition might be.
    That's not how I recall it. I don't recall you having an interest in finding out what her actual mental condition might have been. I recall you entertaining the possibility the accuser had been hospitalized for schizophrenia or bi-polar disorder.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#9)
    by inmyhumbleopinion on Thu Jun 08, 2006 at 11:32:43 PM EST
    BIP posted:
    I bet if that cabbie who picked up Seligmann had recognized the AV he kept both hands on the steering wheel and the motor running.
    I wonder if he saw Finnerty and thought he was going to be taunted and beat up?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#8)
    by inmyhumbleopinion on Fri Jun 09, 2006 at 12:06:51 AM EST
    cpinva posted:
    it sounds more like a business deal not lived up to, and a refund demanded. not sure how you get "unkind words" out of that.
    I agree with you, cpinva. I was being sarcastic. I do not think Bob's offer of what Bissey may have considered unkind words was realistic. Just another example of BIP "keepin' it real."

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#11)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:39:44 AM EST
    Can you kids stop the endless sniping at each other? You know who you are. This is a good site to follow this case. Having to wade through the endless personal cheap shots reminds me of being at an adult dinner party with two five-year olds at the table. It gets old real fast.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#12)
    by Lora on Fri Jun 09, 2006 at 01:18:08 AM EST
    Defense has been caught in errors before. Until we see the actual complete reports of the hospital exams and police interviews, and not just choice pieces taken out of context that bolster the defense's stance, there is plenty of room for huge amounts of spin. Neither Kim nor Bissey have provided clear, consistent narratives of what happened that night. I do not trust their estimates of how much time passed (how long does a shower last, for instance?) nor do I trust the AV's. It is very difficult for most people to judge how long an event lasts. How clear and consistent the AV was has yet to be determined. The last time she was accused of changing her story, it was nothing close to how the media presented it. If she did recant, (which I am not convinced she did, as we don't really know exactly what she said and in what context) it was only once, to Shelton. She was not inconsistent three times as erroneously reported in the abc11 article, and which I reported twice to two different people at abc11 and never heard back. Since the "AV was inconsistent" turned out to be questionable and mostly wrong, and the "3 vs. 20 rapists" story turned out to be hearsay and never confirmed, I would not be surprised if a great deal of this current defense motion will turn out in a similar fashion. Opera ain't over.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#13)
    by Talkleft Visitor on Fri Jun 09, 2006 at 01:18:35 AM EST
    She shouldn't just be allowed to shrug off the case with the bs excuse that she's under no condition to testify. Given the mounting evidence that there was no rape if the case is thrown out she should be charged with making false statements etc.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#14)
    by Talkleft Visitor on Fri Jun 09, 2006 at 03:53:02 AM EST
    banco55 You wrote:
    She shouldn't just be allowed to shrug off the case with the bs excuse that she's under no condition to testify. Given the mounting evidence that there was no rape if the case is thrown out she should be charged with making false statements etc.
    It's premature to think the complainent is preparing to hide behind a psychiatric excuse. If she takes that road, however, I would not expect the players to push for charges to be pressed against her. It's not in their interest to swap seats with her.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#15)
    by Bob In Pacifica on Fri Jun 09, 2006 at 04:29:50 AM EST
    Of course, the case isn't over. And for my own personal curiosity I like more and more informtion, although I think it's pretty clear to most people here that the case is unwinnable. I did ask a couple of days ago how everyone thought the case would end. I suggested that the AV would have some kind of breakdown and the charges would eventually be dismissed. Nifong could claim he couldn't go ahead without his chief witness and the AV wouldn't have to testify. The father's statement that the AV "is under the care of a shrink and in no condition to testify" is throwing in the towel in all but legal definition. A complainant who is incapable of testifying because she is in no condition to do so, considering there is no physical evidence to support her various versions of reality and no witnesses to support her version of events kills this case. But being in no condition to give a coherent version of events is consistent.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#16)
    by Talkleft Visitor on Fri Jun 09, 2006 at 04:41:03 AM EST
    SomewhatChunky said: June 9, 2006 01:39 AM Can you kids stop the endless sniping at each other? You know who you are. This is a good site to follow this case. Having to wade through the endless personal cheap shots reminds me of being at an adult dinner party with two five-year olds at the table. It gets old real fast.
    Amen to that!!! btw, I like your screen name :)

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#17)
    by Talkleft Visitor on Fri Jun 09, 2006 at 04:44:09 AM EST
    Lora says that the "defense has been caught in errors before". But the NY Times story is pretty unambiguous in reporting that this information is from "documents in the court filing". I can see the benefit of the defense spinning to the media, but what's the benefit of trying to spin what's in an actual court filing? What's the benefit to them of claiming - to the court, rather than to the media - that the documents say something (i.e., Kim says the AV's story is "a crock") if the documents in question (documents that the court has access to) clearly don't say that? Doesn't the defense then run the risk that a blatant, transparent lie is (a) not going to make for a successful motion, and (b) could hurt their chances at trial? Or is the claim that the gullible NY Times reporter got suckered by the wily defense team into reporting the defense's version of what was in the filing without actually seeing it? Given the way the story is written, I find that a little suspect (but maybe Lora's a big-time MSM-basher from the right side of the blogosphere who's wandered over here for a change of pace ...). Further, Lora - who I take to be fairly sympathetic to the AV's story - is now arguing that Kim's estimates of how much time passed have to be discarded. Would Lora make the same argument (Kim's memory is hazy and not to be trusted) if Kim estimated that she was separated from the AV for "about 30 minutes"? And would Lora then be sympathetic to the defense lawyers making that argument?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#18)
    by roger on Fri Jun 09, 2006 at 04:50:09 AM EST
    She only recanted her story once? LMFAO!

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#19)
    by Talkleft Visitor on Fri Jun 09, 2006 at 04:53:13 AM EST
    Bob in P,. You wrote:
    The father's statement that the AV "is under the care of a shrink and in no condition to testify" is throwing in the towel in all but legal definition.
    Just because she's in no condition to testify today, doesn't mean she won't be in a condition to testify tomorrow. When's the trial? Surely they can postpone it until at least tomorrow?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#20)
    by Jlvngstn on Fri Jun 09, 2006 at 05:47:00 AM EST
    Bob, it could be she is suffering from PTSD which does not reflect past psychological states, so saying that she is under the care of a professional does not demonstrate or lead one to believe that she made up the story rather if it is PTSD it supports the story.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#21)
    by Talkleft Visitor on Fri Jun 09, 2006 at 06:04:51 AM EST
    Least she'll have the insanity defence if she gets charged with making statements etc.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#22)
    by Talkleft Visitor on Fri Jun 09, 2006 at 06:05:38 AM EST
    Sorry I meant false statements etc. of course.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#23)
    by Bob In Pacifica on Fri Jun 09, 2006 at 06:13:02 AM EST
    Jliv, If you are the chief (perhaps only witness) to events for which there is no physical evidence, you have a history of erratic behavior and recent mental illness to the point of hospitalization a year ago, and now the father says that she is in no condition to testify, that tells me the white flag is being raised. There is no point in saying that she is in no condition to testify NOW, because there isn't a trial now, and wouldn't be one until next year. I haven't seen the context of the father's statement, maybe someone could post a link, but saying out of the blue that his daughter is under a psychiatrist's care and can't testify now isn't the kind of thing you'd make public if you were gearing up for a big fight in court. You'd say something like, "Yeah, she's still shook up from the event, but she's gonna do all she can to get justice when this case comes to trial." That would sound like a resolute father expressing his daughter's desire to pursue this. What the father apparently said sounded like the first in a series of excuses that will end up with the case whimpering and then drying up and going away. Of course, it's the father talking. His daughter and wife apparently lied to him about the last gang rape, so maybe they're lying to him about the AV's state of mental health now.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#24)
    by Bob In Pacifica on Fri Jun 09, 2006 at 06:14:16 AM EST
    SomeWhat Chunky, I can stop sniping, but I'll have to ignore IMHO.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#25)
    by Talkleft Visitor on Fri Jun 09, 2006 at 06:19:03 AM EST
    This is from a post on a courttv message board, a fair description of some of what was said on Greta by Jim Hammer, guest -
    nurse describes diffuse edema - that's a 1 or a 2 on a scale from 1 to 10 as far as sexual assaults go. it means no tearing or even bruising. if he really believes in the case, and really believe this woman was raped, he has the obligation to respond in pleadings to protect the reputation of this woman. the facts that he hasn't said a word speaks volumes if he didn't tell the grand jury about her implicating Kim Roberts in the actual rape, it's wrong, unethical, and the indictment needs to be tossed out
    When the prosecutor-types are saying things like this, it really makes one wonder.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#26)
    by Talkleft Visitor on Fri Jun 09, 2006 at 06:23:22 AM EST
    The sexual assault nurse's report "contains no opinion or conclusion that (the woman) had signs, symptoms and injuries consistent with being raped and sexually assaulted," according to the filing. It's not clear whether sexual assault nurses are required or expected to give those opinions, but they can.
    Here How did the the DA come up with the statement that her "injuries were consistent with a rape"?Was it just his conjecture? Also new to me:
    Defense lawyers also accuse Himan of withholding information about an encounter the woman said she had before going to the lacrosse party. It involved a couple in a hotel room, and she told Himan she used a vibrator. That, the statement said, "clearly could have caused signs or symptoms of vaginal penetration."


    Re: Duke Lacrosse: New Defense Filing (none / 0) (#27)
    by Jlvngstn on Fri Jun 09, 2006 at 06:31:17 AM EST
    I don't know Bob, I take into consideration her past behaviors but I do find it reasonable to believe that if she was assaulted she could be suffering from PTSD and that would not put in her condition to testify. I also find it difficult to srutinize the fathers words after all, he is not a preacher or a politician and may not be able to parse words to say nothing like our represented officials. That said, I tend to agree that there is a direct link to her psychosis and the latest episode but PTSD is a very strong possibility.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#28)
    by Bob In Pacifica on Fri Jun 09, 2006 at 06:41:21 AM EST
    Does anyone know how Roberts helped the three men rape the AV? When Evans got tired of holding her for the other two did she take over? Did she tell the inexperienced young men where to put their little lacrosse sticks? Did she cheer them on? Could one of the defenders of the AV's version of reality explain this? And does anyone agree with the AV that Roberts ripped off the AV's share of the money? And what beer comes in 22-ounce containers? Malt liquor? Did she put down a couple of tall ones over at her driver's place? What's the whole story about a previous engagement that evening? Does that mean that her poppa was hallucinating his daughter's visit and the trip to the grocery store? If the AV had been drinking beer, what does that do to Kim's report that the AV was sober when they arrived? Osborn says the accuser gave conflicting accounts of what happened. The motion says medical records indicate she told a doctor that she used no alcohol or drugs. The accuser told the sexual assault nurse that she had consumed one drink of alcohol and was taking Flexeril, a prescription drug used to treat muscle spasms. The alleged victim told a doctor the next day at UNC Hospitals that "she was drunk and had had a lot of alcohol that night," the motion said. She later told police that she had consumed a 24-ounce bottle of beer and then told police she had two 22-ounce bottles of beer, according to the motion. The accuser told the nurse that Roberts assisted players in the alleged sexual assault and that the second dancer stole her money and property, the motion said. So she told a doctor she hadn't had a drink, she told the nurse she had a mixed drink and a flexeril, and she told a doctor the next morning that she was drunk on beer. This is consistent as the rest of her stories. Why did Nifong pursue this again? Oh yeah, the election.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#29)
    by Bob In Pacifica on Fri Jun 09, 2006 at 06:45:16 AM EST
    Is the 24-ounce beer a different story than the two 22-ounce bottles of beer story, or are they part of the same story? That is, are we talking about 24 ounces of beer, 44 ounces of beer or 66 ounces of beer (and a flexeril or two) prior to her arrival at the party?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#30)
    by Talkleft Visitor on Fri Jun 09, 2006 at 06:48:34 AM EST
    Himan, they say, also left out statements from the nurse that the woman told her she wasn't choked and that no "condoms, fingers or foreign objects were used the during the alleged sexual attack."
    I know this has been stated before, but to me the one thing that indicates these guys are innocent is the fact that everyone of them stated unequivocally that there was no sex between any player and the woman. If they didn't use a object to rape her or use a condom they would have to think there would be DNA, wouldn't they at least say there was sex but it was consensual, or there was a lap dance, or something? They had plenty of time to think about it to come up with a excuse.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#31)
    by Talkleft Visitor on Fri Jun 09, 2006 at 06:53:44 AM EST
    BIP can you link that story?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#32)
    by Bob In Pacifica on Fri Jun 09, 2006 at 06:56:39 AM EST
    GUNSHY, A good point that always bears repeating. All the men repeatedly said that no sex occurred. It's also interesting that the AV herself stated that no foreign objects were used in the rape, which means the defenders of the AV's version of reality can put the broom back in the closet. No choking either. Now, what evidence do we have of a rape? Any defenders of the AV's version of reality help us here?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#33)
    by Talkleft Visitor on Fri Jun 09, 2006 at 06:58:01 AM EST
    I wonder if that mystery "white male pubic hair" that was supposed to be such a smoking gun could have come from her Raleigh-based engagement earlier in the evening. Could the defense subpoena the records of her booking agency? And then her earlier clients? It's mean, but would/could they compel said clients to describe for a jury exactly what they got out of their encounters with the AV? I know that rape shield laws protect against some of this, but would the argument that her changed/incomplete story merits further investigation allow this sort of tactic?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#34)
    by Talkleft Visitor on Fri Jun 09, 2006 at 07:00:09 AM EST
    As someone posted on another board: "At least this clears the broomstick."

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#35)
    by Talkleft Visitor on Fri Jun 09, 2006 at 07:06:34 AM EST
    Well I have to admit I am not too surprised. ( I am shocked at Nifong I thought he must have something to go on). NO I mean as if it never changed anything, a new court filing stills brings howls of the Defense is just spinning. Lora and IMHO will probably go to their grave wanting this rich white boys convicted of just about anything. Virtually all the other skeptics have left the scene as its obvious what happened here now. Gone and wont return this time.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#36)
    by Bob In Pacifica on Fri Jun 09, 2006 at 07:06:54 AM EST
    If we don't dismiss the motion as being an absolute bold-faced lie, what about this: The motion also alleges the police investigator stated the accuser was hit, kicked and strangled, but did not reveal that the examining physician found no neck, back, chest or abdominal tenderness. How does the police investigator say that she was strangled when the AV told the examiner at the hospital she hadn't been choked? Am I missing something here? Doesn't the police investigator look at the hospital report? Did she tell the cops she was choked but tell the hospital personnel she wasn't? I know this is consistent with her version of events, like being raped and not raped. But how did the police investigator come to arrive at the idea that she was strangled? I imagine that one of the first questions on cross-examination for Himan would be, "So before you wrote your report you saw the hospital report?"

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#37)
    by Bob In Pacifica on Fri Jun 09, 2006 at 07:11:39 AM EST
    GUNSHY, I won't even attempt to link the story, but it's on the abctv11.com website.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#38)
    by Jlvngstn on Fri Jun 09, 2006 at 07:17:42 AM EST
    Re: Duke Lacrosse: New Defense Filing (none / 0) (#39)
    by Jlvngstn on Fri Jun 09, 2006 at 07:19:34 AM EST
    Re: Duke Lacrosse: New Defense Filing (none / 0) (#40)
    by Talkleft Visitor on Fri Jun 09, 2006 at 07:19:55 AM EST
    Bob, your post raises an interesting question. I wonder whether the nvestigator would necessarily have had access to the hospital records at the time of the request for DNA to Judge Stephens. In a huge system like UNC Hospital's, getting everything in terms of records can take weeks, even when there's authority to get it, especially when reports may have come from different departments, and different providers. Having said that, the case has gone so totally awry for the prosecution. They can only hope, as we've said before, for a moderately less horrible out (in terms of PR) like the AV's mental condition "forcing" her not to fully prosecute the case. I keep wondering why an independent candidate for DA hasn't emerged yet, given Nifong's fall.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#41)
    by wumhenry on Fri Jun 09, 2006 at 07:33:24 AM EST
    Lora wrote:
    Until we see the actual complete reports of the hospital exams and police interviews, and not just choice pieces taken out of context that bolster the defense's stance, there is plenty of room for huge amounts of spin.
    I thought she was going to say "... plenty of room for *hope*." heh

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#42)
    by Talkleft Visitor on Fri Jun 09, 2006 at 07:47:50 AM EST
    If all of this in fact turns out not to be spin, and as it seems, that the only one that had been "spinning" was the da, I hope they impeach the guy. He will be forever totally unbelievable, and totally ineffective as a prosecutor.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#43)
    by wumhenry on Fri Jun 09, 2006 at 08:06:02 AM EST
    I would not expect the players to push for charges to be pressed against her. It's not in their interest to swap seats with her.
    If she made it up she should be prosecuted regardless of their preferences. Declining to prosecute someone who lodged bogus rape accusations and didn't recant before her story was disproved would be a very perverse object lesson.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#44)
    by cpinva on Fri Jun 09, 2006 at 08:12:02 AM EST
    to all of you wondering why this case has gone on, in spite of the clear lack of any substantiating evidence, i offer a simple answer: DA nifong is using other people's money, to prosecute this case. unlike the accused, mr. nifong isn't reaching into his pocket, to pay the bills, he's reaching into the taxpayer's pockets. it is incumbent upon him to use those funds wisely, he doesn't appear to be doing so.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#45)
    by wumhenry on Fri Jun 09, 2006 at 08:23:55 AM EST
    From the Herald-Sun article:
    Durham Police Investigator Benjamin Himan failed to note that exotic dancer Kim Roberts Pittman submitted a handwritten statement in which she said the rape accusations by her dance partner were "a crock."
    That it was a handwritten statement from Kim Roberts herself is important. If it were merely a report from a police interviewer, Roberts could deny that she said it and contend that the interviewer must have misunderstood.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#46)
    by wumhenry on Fri Jun 09, 2006 at 08:28:32 AM EST
    cpinva wrote:
    to all of you wondering why this case has gone on, in spite of the clear lack of any substantiating evidence, i offer a simple answer: DA nifong is using other people's money, to prosecute this case.
    And, as Ralph Waldo Emerson astutely remarked, a foolish consistency is the hobgoblin of little minds. Small-minded people typically prefer to persist in error than admit they were wrong.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#47)
    by Talkleft Visitor on Fri Jun 09, 2006 at 08:39:53 AM EST
    The full Seligmann motion is now available.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#48)
    by Talkleft Visitor on Fri Jun 09, 2006 at 08:41:44 AM EST
    The accuser told the nurse that Roberts assisted players in the alleged sexual assault and that the second dancer stole her money and property, the motion said.
    Why isn't Roberts up on charges for assisting with the rape? If the da believes the av's story about being raped by the players wouldn't he believe the av's story about Roberts? There would be no way to misidentify her.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#49)
    by Talkleft Visitor on Fri Jun 09, 2006 at 08:51:15 AM EST
    5. Attached hereto ... While the Defendant believes the complainant has waived any privacy rights she may have under any state or federal law, in an excess of caution the Defendant tenders them to Court under seal and requests that the Court issue an order unsealing them.
    We might get to see the medical records!

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#50)
    by Talkleft Visitor on Fri Jun 09, 2006 at 08:54:18 AM EST
    Hoo boy. There is a handwritten statement from Pittman AKA Roberts in the motion.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#51)
    by Talkleft Visitor on Fri Jun 09, 2006 at 09:21:19 AM EST
    Just read the motion. According to Roberts (in her handwritten statement), the only time the AV was alone in the house was when Robert's first went out to the car. That period of time (length not specified, but it was long enough for Roberts to change her clothes) between Roberts leaving and the men carrying the AV to her car would seem to be the only time the AV could have been raped. Unfortunately for the prosecution, Roberts says that upon enterring the car, the AV said they should "go back to the house because there was more money to be made there". What jury will believe the AV was gang raped if just minutes after the alleged incident she was trying to convince her partner that they should go back to the house and make some money?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#52)
    by Bob In Pacifica on Fri Jun 09, 2006 at 09:28:14 AM EST
    Unfortunately for the prosecution, Roberts says that upon enterring the car, the AV said they should "go back to the house because there was more money to be made there". What jury will believe the AV was gang raped if just minutes after the alleged incident she was trying to convince her partner that they should go back to the house and make some money? It must have been post-traumatic stress disorder. Or maybe that's what the AV meant when she said that Roberts stole her money, though. +++ This is the train wreck that keeps on wrecking. +++ So what evidence do we have that a gang rape was committed?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#53)
    by Talkleft Visitor on Fri Jun 09, 2006 at 09:34:51 AM EST
    Are we going to hear from IMHO or PB? Ya'll fought a good fight trying to defend the av's story, even you have to tired of this up hill fight. Assuming that all of this new info ends up being true, do you concede that she's lied?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#54)
    by Bob In Pacifica on Fri Jun 09, 2006 at 09:36:06 AM EST
    Here's another tasty nugget from the Seligmann motion: Sgt. Shelton then determined that she met the criteria for involuntary commitment (i.e., she suffered from a mental illness or substance abuse dangerous to herself or others) and directed another officer to take her to Durham Access to be committed. Must be post-traumatic stress disorder, though.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#55)
    by Talkleft Visitor on Fri Jun 09, 2006 at 09:36:47 AM EST
    It must have been post-traumatic stress disorder.
    Yeah, I figure someone will try to say that. Of course in the same statement, Roberts describes the AV as "uncontrollable at this point" while they are in the bathroom. The AV was again talking about trying to "get more money" (how did she plan on making more money, BTW?). Of course, she was also yelling at the players on the other side of the door. It sounds like the AV was losing it (a non-technical term, I know) even before the alleged rape could possibly have occurred.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#56)
    by Bob In Pacifica on Fri Jun 09, 2006 at 09:37:40 AM EST
    Or post-malt liquor chasing muscle relaxers disorder.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#57)
    by Talkleft Visitor on Fri Jun 09, 2006 at 09:46:51 AM EST
    Of course in the same statement, Roberts describes the AV as "uncontrollable at this point" while they are in the bathroom. The AV was again talking about trying to "get more money" (how did she plan on making more money, BTW?). Of course, she was also yelling at the players on the other side of the door. It sounds like the AV was losing it (a non-technical term, I know) even before the alleged rape could possibly have occurred.
    Probably pre-traumatic stress disorder.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#58)
    by Talkleft Visitor on Fri Jun 09, 2006 at 09:47:03 AM EST
    This is unbelievable. I honestly feel sick to my stomach, thinking of this case. EVERYTHING in the motions thus far seems to support the players' story of that night. Someone PLEASE tell me how Nifong could proceed with getting indictments in this case, with this as his information. I am stunned.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#59)
    by wumhenry on Fri Jun 09, 2006 at 09:54:10 AM EST
    Why isn't Roberts up on charges for assisting with the rape? If the da believes the av's story about being raped by the players wouldn't he believe the av's story about Roberts?
    Going after the players was crucial to his election prospects. Charging Roberts wasn't.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#60)
    by Talkleft Visitor on Fri Jun 09, 2006 at 10:00:43 AM EST
    The av/fa story is ALL a crock! When is Nifong going to get Real?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#61)
    by Alan on Fri Jun 09, 2006 at 10:40:08 AM EST
    Nifong did the AV no favours by bringing these charges. The kindest reading of the Pittman statement (with its brief window of opportunity for the alleged rape) is that the AV has an underlying mental disorder which caused her to fabricate these charges. The alternative is that the AV is a deliberate liar when she imagines she can gain something by lying. Nifong's running with this negligent investigation has done nothing except expose the AV to the real possibility of criminal charges and almost inevitable civil actions. PTSD was mentioned upthread as:
    PTSD which does not reflect past psychological states.
    That is untrue. The PTSD suffered by veterans from the First Gulf War reflects past psychological states. Ditto the PTSD suffered by Vietnam veterans. Ditto the PTSD suffered by survivors of child abuse when the PTSD continues into adult life. Ditto the PTSD which could feasibly be suffered by the defendants in this case. It is possible the AV suffers from PTSD. That would not explain her conduct at this party and afterwards or prove that the PTSD was caused by the alleged rape.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#62)
    by Talkleft Visitor on Fri Jun 09, 2006 at 10:50:09 AM EST
    noname posted:
    According to Roberts (in her handwritten statement), the only time the AV was alone in the house was when Robert's first went out to the car.
    Actually, in the handwritten statement, Kim states that AV came back to the car a first time, then left the car "because she felt there was more money to be made," then came back to the car a second time - this second time she was helped by one or two boys. So, for the record, there may have been two time intervals where AV was in the house without Kim. The first interval is after Kim went to the car and before AV went to the car for the first time. The second interval begins when AV left Kim's car and headed in the direction of the house - wanting to make some more money.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#63)
    by Talkleft Visitor on Fri Jun 09, 2006 at 11:02:19 AM EST
    Alan, I have trouble imagining that any attorney voluntarily would take on a civil case against a prostitute with a mental condition who obviously has few assets...there is nothing to recover even if there is total victory---she doesn't even appear to own a car. Unless it's just for the principle of it, why would anyone throw good money into such a thing?t?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#64)
    by Talkleft Visitor on Fri Jun 09, 2006 at 11:09:06 AM EST
    fillintheblanks says:
    noname posted:
    According to Roberts (in her handwritten statement), the only time the AV was alone in the house was when Robert's first went out to the car.
    Actually, in the handwritten statement, Kim states that AV came back to the car a first time, then left the car "because she felt there was more money to be made," then came back to the car a second time - this second time she was helped by one or two boys.
    I don't think that is true. Roberts'/Pittman's statement is turgid (difficult to read) at that point, but I think that what Pittman says is that she (Pittman) left the AV locked up in Pittman's car and she (Pittman) went back inside to search for the AV's stuff.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#65)
    by sarcastic unnamed one on Fri Jun 09, 2006 at 11:12:46 AM EST
    Oddly enough, Nifong is unavailable for comment.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#66)
    by wumhenry on Fri Jun 09, 2006 at 11:13:22 AM EST
    According to Kim Pittman's handwritten report dated 3/22/06, Kim was with the AV from the time the AV arrived until someone made the notorious ribald remark about a broomstick, at which point Kim (who had never done a stripping gig before) told the players that "the show is over", went into the bathroom with the AV and told her she wanted to leave. The AV told her she didn't want to leave yet because she wanted to make more money. Kim went out to her car and changed clothes, leaving the AV in the house with the guys. After she'd changed, some of the players came out to the car and told her that the AV was passed out and asked Kim "could I please do something with her." Kim told them that if they could bring the AV to the car, she "would get [the AV] out of their hair." A few minutes later, someone helped the AV to the car. After the AV got into the car, she "told me [i.e., Kim] that we should go back into the house because there was more money to be made there." But, according to Kim's report, the AV did not go back into the house. Instead, KIM went back in to look for the AV's bag, after first locking the car with the AV inside. Dan (one of the defendants) helped Kim search for the bag, but they didn't find it, so Kim went back to the car. Neither of them left the car after that until Kim drove away, with the AV, to the grocery store. Main points of interest here: 1) the *only* time when Kim and the AV were separated was from when Kim went to the car to change clothes until someone helped the AV out to the car; 2)*after* that period of separation, the AV tried to coax Kim into returning to the house with her because "there was more money to be made".

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#67)
    by wumhenry on Fri Jun 09, 2006 at 11:16:41 AM EST
    Correction: I should have said that there was only time that they were separated while the AV was *in the house*.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#68)
    by Talkleft Visitor on Fri Jun 09, 2006 at 11:18:17 AM EST
    fillintheblanks - I think you are mis-reading the statement. beenaround and wumhenry did a better job than I could have of showing how.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#69)
    by Talkleft Visitor on Fri Jun 09, 2006 at 11:21:30 AM EST
    I think that the AV is lucky that she does not live in Kenya. They recently change rape laws there to make the penalties harsher, but to also make the penalty for a false accusation of rape the same as the penalty for a proven accusation of rape.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#70)
    by Talkleft Visitor on Fri Jun 09, 2006 at 11:24:49 AM EST
    beenaround, Look at the bottom of Kim's page 6: "- forgot to mention that the first time Precious came to the car she left because she felt there was more money to be made. It was after then that the boys helped her to the car." Seems like she left the car and some time later was helped back in, no?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#71)
    by wumhenry on Fri Jun 09, 2006 at 11:28:58 AM EST
    fillintheblanks, you're right. I missed that.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#72)
    by Talkleft Visitor on Fri Jun 09, 2006 at 11:49:30 AM EST
    In light of these reports, it seems highly unlikely that a rape occurred. But it seems inconceivable that Seligmann could have committed the crime, since the Roberts timeline basically has the AV alone in the house only after Seligmann was either text-messaging or on his way to pick up a cab. But Nifong will no doubt press forward anyway. He can still hope for a jury nullification that will convict despire evidence.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#73)
    by Alan on Fri Jun 09, 2006 at 12:03:06 PM EST
    Alan, I have trouble imagining that any attorney voluntarily would take on a civil case against a prostitute with a mental condition who obviously has few assets
    I'm not thinking about the AV as sole or even principal defendant.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#74)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:04:39 PM EST
    fillintheblanks - Nice catch. So now I'm confused. When was the first time the AV went to the car? After they were both in the bathroom? Doesn't this further shorten the time in which a rape could have occurred? The original timing of the alleged rape would have been between between Roberts leaving the house and the AV being helped to the car. A "first" return trip to the house would have to seperate that one time period into two smaller time periods. The important thing to note is that Roberts says the AV's final trip is the one in which the players helped her to the car ("it was after then [leaving the car] that the boys helped her to the car"). Earlier in the statement, Roberts clearly says that the "we should go back to the house because there was more money to be made there" comment occurred after the players helped the AV to the car. Therefore, the comment was still made after any possible rape, as I understand it.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#75)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:09:42 PM EST
    Interesting to note: Roberts' handwritten report mentions that the players told her they were grad students and played sports. It's Himan's summary that has them claiming to be track/baseball team members. Could be something she mentioned in person, or it could be his conjecture. I do find it interesting to note, as many have suggested that the specific mentioning of which teams they claimed to be on was evidence of nefarious premeditated plotting along racial lines. More understandable is the claim to be grad students as, generally speaking, grad students wouldn't have to worry about underaged drinking.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#76)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:10:16 PM EST
    Fillintheblanks, yes, you are correct. I saw that the first time, but did not note the significance of it. However, as has already been said, Roberts/Pittman has the AV saying that she wanted to go back in and make money after the times she was alone in the house.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#77)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:12:56 PM EST
    Alan says:
    Alan, I have trouble imagining that any attorney voluntarily would take on a civil case against a prostitute with a mental condition who obviously has few assets
    I'm not thinking about the AV as sole or even principal defendant.
    Isn't the DA immune from prosecurion in relation to his job? Or does this not apply in civil cases?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#78)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:20:18 PM EST
    beenaround:
    However, as has already been said, Roberts/Pittman has the AV saying that she wanted to go back in and make money after the times she was alone in the house.
    There is no need to assume the AV was actually in the house when she went back. Wasn't there a defense story about her returning and knocking on the door to get in only to be turned away? She then could have been helped back to the car (at which point she tries to convince Roberts to come with her and try again).

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#79)
    by Alan on Fri Jun 09, 2006 at 12:20:27 PM EST
    Isn't the DA immune from prosecurion in relation to his job? Or does this not apply in civil cases? You'd have to ask someone who knows something about the laws of North Carolina. In my hemisphere you'd be looking at an action for malicious prosecution and you'd be considering the city of Durham as first defendant.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#80)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:24:21 PM EST
    Alan, it's very very difficult to sue a DA because of their immunity, and likewise the City. The DA has a lot of discretion, and if there is some evidence, even if it's conflicting, I'm not sure it's a case worth bringing. On the point of the trips in and out, what about those pictures of the AV, standing alone on the porch, and allegedly smiling. Was that the second entrance?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#81)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:33:02 PM EST
    noname says:
    beenaround:
    However, as has already been said, Roberts/Pittman has the AV saying that she wanted to go back in and make money after the times she was alone in the house.
    There is no need to assume the AV was actually in the house when she went back. Wasn't there a defense story about her returning and knocking on the door to get in only to be turned away? She then could have been helped back to the car (at which point she tries to convince Roberts to come with her and try again).
    Yes, you are correct. I assumed too much there. Hmmm, I wonder why IMHO or PB or chew2 weren't the ones to correct me? Perhaps they simply hadn't gotten around to it yet.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#82)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:36:10 PM EST
    And she told one medical staffer she drank at least 44 ounces of beer, and told another she took a powerful muscle relaxant and drank beer before going to the party at 610 N. Buchanan Blvd. on March 13
    So if she drank that beer, took the powerful muscle relaxant, drank 1 1/2 mixed drinks once she got to the party, and the players gave her a date rape drug, wouldn't that knock her out for quite a while?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#83)
    by Talkleft Visitor on Fri Jun 09, 2006 at 12:51:39 PM EST
    localone asked:
    On the point of the trips in and out, what about those pictures of the AV, standing alone on the porch, and allegedly smiling. Was that the second entrance?
    That's got to be her second exit. I figure she's on the back porch from 12:30 - 12:40. She fell during this interval and lay there a while and then was helped to the car at 12:40.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#84)
    by Talkleft Visitor on Fri Jun 09, 2006 at 01:06:59 PM EST
    Wow, the statement by her driver Jarriel is interesting. How is it that his first account of their activites in the days prior to and the day of the alleged assault fit with the Brian statement, but then he "remembers" by checking his (faulty (?)) phone's datebook that maybe that the detailed memory of sex and chinese food on the night of the 11th/12th was perhaps a week earlier? Wonder what his cross examination will be like. . .

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#85)
    by wumhenry on Fri Jun 09, 2006 at 01:07:05 PM EST
    One of the interesting aspects of this is that, according to Kim Pittman's statement, the AV was *not* frightened away by the broomstick comment. Rather, she stayed until she collapsed and had to be dragged away.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#86)
    by Talkleft Visitor on Fri Jun 09, 2006 at 01:14:57 PM EST
    Sgt. Shelton then determined that she met the criteria for involuntary commitment (i.e., she suffered from a mental illness or substance abuse dangerous to herself or others) and directed another officer to take her to Durham Access to be committed. Would the state take her kids of that happened? That is a good motive to invent a story.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#87)
    by Talkleft Visitor on Fri Jun 09, 2006 at 01:22:48 PM EST
    beenaround posted:
    However, as has already been said, Roberts/Pittman has the AV saying that she wanted to go back in and make money after the times she was alone in the house.
    Kim's narrative has the revision where she relates the AV leaving the car to go back in to make more money. But my hunch is that that's the only time the AV mentioned going back in. I don't think the AV mentioned going back in after being helped to the car (the AV's second entrance to the car). I've reread the narrative and I think that Kim, in the main part of the narrative, was commingling the AV's statements from both of the AV's entrances into the car. When she revised the narrative at the bottom of page 6, my hunch is that she didn't bother to correct her earlier relating of the commingled events. Besides, it seems incredulous to me that the AV would say she wanted to go back in again after being carried to the car. I think she was too far gone at that point. That's my hunch anyway.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#88)
    by Talkleft Visitor on Fri Jun 09, 2006 at 02:11:10 PM EST
    fillintheblanks -
    Besides, it seems incredulous to me that the AV would say she wanted to go back in again after being carried to the car. I think she was too far gone at that point.
    You could have a point, this does make the AV's actions seem strange, at best. However, Kim described the AV as both "uncontrollable" (in the bathroom) and "talking crazy" (in the car just before Kim went back to look for the AV's stuff). You add that to Sgt. Shelton deciding to commit her, and I can't discount the possibility that she wanted to go back despite being turned away earlier. Here is what Kim actually wrote:
    She was being helped out of the back yard and into my car. At this point, she did not have the bag that I saw her come with and I asked her if she had the most important thing, her money. She told me yes but she did not seem coherent. She then told me that we should go back to the house because there was money to be made there.
    Kim goes on to describe how she left the AV in the car and went to the house to search for the money before driving away. Here is Kim's correction from the end of the statement:
    Forgot to mention that the first time Precious came back to the car, she left because she felt there was money to be made. It was after then, that the boys helped her to the car. They carried her by throwing her arms over their shoulder and assisting her walking to the car.
    This all revolves around the players helping Precious to her car. The first quote establishes that Precious tried to convince the AV to go back to the house after the players helped her to the car. The second quote establishes that Precious' (I like this better than "the AV") first return to the car came before the players helped her to the car (her second and final arrival at the car). Kim's words are pretty clear, here, and the sequence of events she lays out are clear. I wouldn't try to attribute alternate meanings to them just to reconcile irrational behavior by Precious, especially when Kim's statement specifically points out this "uncontrollable" behavior and "crazy talk".

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#89)
    by wumhenry on Fri Jun 09, 2006 at 02:17:07 PM EST
    fillintheblanks, I agree. (First time I've said anything here that in any way cut in the AV's favor. But I hasten to add that IMO the publicly-known evidence against her story is now overwhelming.) ProzacNation wrote:
    Would the state take her kids if that [i.e., involuntary commitment for apparently dangerous state of mind due to substance abuse or mental illness] happened? That is a good motive to invent a story.
    It is, indeed, though it would be more apt to call it "powerful" rather than "good." As I've pointed out before, it was immediately after learning that she was going to be committed that she cried "rape!" for the first time.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#90)
    by Talkleft Visitor on Fri Jun 09, 2006 at 02:17:45 PM EST
    IMHO, stop using that hyperlink in your name. Either use your own blog site or don't leave it blank. I don't have time to individually edit all 1,300 of your comments on TalkLeft, and you have been warned about this before (albeit different link).

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#91)
    by Talkleft Visitor on Fri Jun 09, 2006 at 02:31:39 PM EST
    To TL, Sharon, LocalOne, and others: As I am not an attorney, could you briefly discuss what happens with the motions that have been filed by the defense. For example, I assume there is some sort of meeting within the judge's chambers with the DA and the defense attorneys to discuss the merits of the motions. Also, in your experience, have you seen a situation that resembles what now seems to have happened (and is happening) with this case? Thank you.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#92)
    by Talkleft Visitor on Fri Jun 09, 2006 at 02:43:08 PM EST
    noname, Sure, I grant you it's quite conceivable Precious was sort of fixated about going back in and mumbled, like a broken record, that she wanted to return. But, I think my interpretation is more true-to-life. My confidence about this is not high, however, nor am I particularly attached to its certainty. wumhenry, In no way am I disputing the (lack of) evidence here nor Precious' motives to fabricate such a story. I simply want to keep us on track and avoid "piling on" after learning what we learned yesterday. There's a tendency to go in for the kill once blood is smelt and I want to avoid that kind of thinking in myself and on this blog. I recognize that you agree with me on this, based on your last post.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#93)
    by Talkleft Visitor on Fri Jun 09, 2006 at 02:48:42 PM EST
    Pat posted:
    To TL, Sharon, LocalOne, and others: As I am not an attorney, could you briefly discuss what happens with the motions that have been filed by the defense. For example, I assume there is some sort of meeting within the judge's chambers with the DA and the defense attorneys to discuss the merits of the motions. Also, in your experience, have you seen a situation that resembles what now seems to have happened (and is happening) with this case? Thank you.
    I second this request.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#94)
    by wumhenry on Fri Jun 09, 2006 at 02:57:02 PM EST
    fillintheblanks:
    In no way am I disputing the (lack of) evidence here nor Precious' motives to fabricate such a story.
    Understood.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#95)
    by Talkleft Visitor on Fri Jun 09, 2006 at 03:00:36 PM EST
    fillintheblanks - Agreed. I'm not married to this interpritation either. I just wanted to flesh out the timeline as it is given in the statement before we started changing of augmenting it.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#96)
    by blcc on Fri Jun 09, 2006 at 03:03:50 PM EST
    TL, et al: I'm surprised I haven't seen or read more commentary related to this story. It's a difficult link to reach in that their server appears to be getting hammered with hits. FWIW, highlights include: 1) "The exotic dancer who has accused three Duke lacrosse players of gang-raping her was drinking while taking medication that night, and had sex with at least four men and a sexual device in the days immediately leading up to the off-campus party," 2) despite what Durham police have contended, a medical examination showed no signs of the sort of sexual or physical attack of which the dancer complained 3) Among other previously undisclosed details... the woman at one point accused her female dance partner of helping the lacrosse players rape her and of stealing her money. 4) she told one medical staffer she drank at least 44 ounces of beer, and told another she took a powerful muscle relaxant and drank beer before going to the party at 610 N. Buchanan Blvd. on March 13. To the attorneys on the forum, what are your thoughts about this vis-a-vis prosecutorial misconduct?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#97)
    by Talkleft Visitor on Fri Jun 09, 2006 at 03:04:46 PM EST
    To be more precise: fillintheblanks - Agreed. I'm not married to this interpretation either. I just wanted to lay out the sequence of events exactly as given in Kim's statement before anyone started changing or augmenting it.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#98)
    by Talkleft Visitor on Fri Jun 09, 2006 at 03:13:55 PM EST
    blcc - These aspects of the motion have been discussed to an extent. Personally, I was drawn to Kim's written statement instead of these equally important subjects only because it was the only part of the motion involving a first-hand description of that night. I would be more willing to discuss the medical report, for instance, if I could see the original as opposed to the defense attorney's or police' second hand account of what it says.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#99)
    by Talkleft Visitor on Fri Jun 09, 2006 at 03:17:38 PM EST
    Anyway, I didn't want to inject myself into the discussion to this extent, so I'm gonna cool it on the posting. I look forward to reading what you all think about this case, as usual.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#100)
    by Talkleft Visitor on Fri Jun 09, 2006 at 03:25:03 PM EST
    Did anyone else hear the Florida DA Pam Bondi on The Abrams Report just now say, "The [Duke] DA is probably trying to keep the second dancer from testifying"? What! Is that how they manipulate evidence?

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#101)
    by blcc on Fri Jun 09, 2006 at 03:31:50 PM EST
    Posted by noname:
    These aspects of the motion have been discussed to an extent. Personally, I was drawn to Kim's written statement instead of these equally important subjects only because it was the only part of the motion involving a first-hand description of that night. I would be more willing to discuss the medical report, for instance, if I could see the original as opposed to the defense attorney's or police' second hand account of what it says.
    I'm sorry, I've been following this conversation off and on. Thus, I beg your pardon as I don't mean to be disrespectful or repetitive. Clearly I've missed the forum's consensus whereby everyone agreed that the AV's accusation wasn't further compromised (much less completely destroyed) by the sum total of these revelations. If someone would just point me to that conclusion I'd be grateful.

    Re: Duke Lacrosse: New Defense Filing (none / 0) (#102)
    by weezie on Fri Jun 09, 2006 at 03:37:07 PM EST
    </