I think it is more serious than previously reported.

McCool said the character witnesses "show the character of the man," but Bayly disagreed in part.

"When he is sober," Bayly said. "Do you think your character witnesses knew your client was using a fake ID to get into bars? People's character changes when they're drunk."

Why does IMHO think so? Mainly because Bloxom, the accuser, testified that Finnerty shouted in his face and called him a fag. IMHO doesn't bother to mention another fact not previously reported: Finnerty never hit anyone! Very sly, IMHO, even for you.

Herndon testified Finnerty punched and kicked him, although he suffered no significant injuries.

Prosecutors said Finnerty instigated an attack on two Georgetown bar patrons in the early morning of Nov. 5. One victim, Jeffrey Bloxsom, testified that Finnerty pushed him, threw fake punches that landed within inches of his face and hurled homophobic epithets.

Superior Court Judge John Bayly said he believed Finnerty was guilty of "menacing" Bloxsom as part of an assault, though it was a friend of Finnerty who admitted punching Bloxsom. Finnerty's two friends admitted criminal responsibility but avoided prosecution under a special program for first-time offenders.

IMHO doesn't bother to mention another fact not previously reported: Finnerty never hit anyone! Very sly, IMHO, even for you.

for a "vicious beating" as imho likes to call it,

His lawyer should have taken a plea to avoid the public spectacle. Another bad tactical move on the part of Finnerty's lawyers, especially since it was being tried to the court and not a jury where he could have hoped for a hold out or two.

This case doesn't say a whole lot for the DC U.S. attorney's office who saw fit to go forward with this case (at Nifong's urging, no doubt)

He never touched Bloxsom. He did punch Herndon. The only question is if Herndon punched him first (Herndon says no, Finnerty says yes).

My source for Nifong talking to the U.S. attorney is what I have read here, I think Photios's previous postings.

I wonder if Finnerty and his parents realize that him being seen with so much as one beer could literally get him killed. He should move to Mexico for the next 6 months.

I'm still working on where the fake mustache came from.

I wonder if Finnerty and his parents realize that him being seen with so much as one beer could literally get him killed. He should move to Mexico for the next 6 months. That's what I would do anyway, find a nice little hacienda by the sea and sit back, brush off my shoulders, grow a mustache and really long hair, and pound cervezas all day.

Oh, and before I sign off for the night, you know why I think Reade Selligman got picked, you know the heavy set one? He got picked because the Durham police, like certain trollish posters on this board, were very very suspicious of the captains leaving Selligman off the list of party attendees. They had a picture of Seligman at the party and their evil genius brains said, "ah, ha," he must be the guilty one. Thus, he got picked.

There is nothing in evidence reviewed by The N&O or filed in court to indicate that Durham police investigated the call made at 12:26 a.m.

And is it only the prosecution that can supoena bank records?

Too bad he was at the Cosmic Cantina.

Finnerty may have been there when Kim arrived and left before the AV got there. Kim got there around 11:00 and it appears the AV didn't arrive until after11:39.

After Finnerty left he went to eat and returned at say 12:30. He would then have been there when Kim arrived & left and not been able to be part of a gang rape.

So what would be the very first opportunity for the defense to walk into court and request that the case be dismissed entirely or in particular, against Seligmann? When does the weight of the new cell phone call and Seligmann's alibis begin to swing his way?

...if you look back at Nifong's public statements on the case, the one thing that really jumps out is his tremendous emphasis on the FA acting in a manner consistent with a traumatic event at Duke hospital. He must have made that point 20 times. This really is the sole basis for him bringing this case as far as I can tell.

The partygoers get nervous about what the women are up to and start slipping money under the door asking them to leave, says Bill Thomas, a lawyer who represents one of the captains. 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.

That quote doesn't state that she ever actually got in the house. I don't read it that way. In any event, Robert's only supports one attempted reentry as does Bissey.

The partygoers get nervous about what the women are up to and start slipping money under the door asking them to leave, says Bill Thomas, a lawyer who represents one of the captains. 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.

Nifong, though, remains confident in the case, according to Durham Mayor Bill Bell.

"It would surprise me if he were not to proceed with the trial," Bell, 64, said. He believes Nifong's support in the city - with a population that is 46 percent white and 44 percent black - is steady.

"I just had a conversation with Mike and he feels strongly about the case," Bell said. "He wants to see it in the court. "

Few who know Nifong well believe he'll be deterred by defense lawyers' public attacks on nearly 2,000 pages of evidence released so far, said Kerry Sutton, a Durham lawyer, who represents a player not accused in the case.

"I spoke with him a couple of days ago, and he is as confident as ever," said Sutton, whose client is Duke lacrosse player Matt Zash, of Massapequa.

BTW, immie, I guess the codefendants didn't have to take the fifth after all.

Cotter said Tuesday's assault conviction was made even more unfortunate by the fact that Finnerty apparently threw only a fake punch at the victim.

After trying unsuccessfully to engage Bloxsom and Herdon in a fistfight, Bonanno said, he and D'Agnes turned to walk away, leaving Finnerty behind. When he looked back, Bonnano said, he saw one of the men hit Finnerty in the back of the head. After rushing to his defense and landing a few blows, he said, they decided to leave.

Finnerty's witnesses may be in a position where they have to take the fifth to avoid incriminating themselves.

I wouldn't underestimate the seriousness of Finnerty's D.C. case. Diversion programs aren't as readily available fo