Duke Lacrosse: Judge Issues Split Opinions
The Judge in the Duke Lacrosse players' alleged rape case issued a split decision yesterday on the unindicted players' motion to prevent the DA from gaining access to their addresses and information stored on their key cards.
Judge Ken Titus decided that Durham District Attorney Mike Nifong can have the addresses of lacrosse players not charged in the case. However, Titus will not allow Nifong to have information that is contained in the same players' key cards.
Nifong said he needs the information because all of the players could be possible witnesses. Defense attorneys said it is an invasion of the players' privacy and some argue it could compromise their safety.
The judge's decision is here . He found:
- The student's information is protected by FERPA
- There was no materiality or necessity shown to overcome FERPA with respect to the key card information.
- Seeking the players' addresses is justified because they are potential witnesses.
In other case news:
Also Friday, attorneys for the three indicted lacrosse players asked the judge to allow members of the lacrosse team to speak to the media, especially about their assertion that no rape occurred at the March 13 party. The motion was in response to an order from Superior Court Judge Kenneth C. Titus earlier this week that required not only the lawyers and prosecutor but also witnesses in the case to follow a State Bar rule limiting what can be said to the news media about the case.
The next hearing in the case will be the week of August 21. The court refused earlier this week to speed up the process and set deadlines for the prosecution.
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