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Duke Accuser's Father: Assault by Broomstick

Megyn Kendall of Fox News is reporting that she spoke to the accuser's father who relayed to her that his daughter told him she was sodomized with a broomstick and isn't certain of the third player's identity.

Last week I predicted Gloria Allred would show up to represent the accuser. She's in New York tonight on Hannity and Colmes, talking about how the accuser needs excellent representaton.

Is she making a pitch?

Update: Two of the legal commentators on Greta's show just came out opining the accuser needs representation and suggested Gloria. One of them is in California, and said, "maybe she's [Gloria] is in that part of the country right now.] He knows she was on the H & C segment Allred a few minutes before he went on.

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DA Moves to Reinstate Old Charges Against Duke Lacrosse Players

DA Mike Nifong said today he is going to move to revoke diversion deals with several of the Duke lacrosse players who attended the party that was was the site of the alleged rape.

According to court records, 16 players were charged in the past three years with misdemeanor charges in Durham including noise violations, public urination and alcohol violations. The deals placed the men on probation for either six months or a year. They were to complete community service and in some cases were required to abide by the rules and regulations of the university. The deals required the men to pay fees and in some cases remain in school.

Nifong said he will reinstate the charges against players whose deferred prosecution deals are still active, unless they can show they were not at the party.

The first to have charges reinstated: Dave Evans, a team co-captain who lived at the house.

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Duke Lacrosse Defendant Seeks Accuser's Mental Health Records

Lawyers for Duke lacrosse player Reade Seligman today filed a motion seeking the accuser's mental health records.

The motion alleges that ""the complaining witness has suffered from mental and emotional problems for a portion of her life."

Additionally, J. Kirk Osborn, who represents 20-year-old Reade Seligmann, surmises that there is a "good chance" that the accuser "may have been committed, at least once, to a hospital or drug treatment program." As such, Osborn wants material documenting the woman's supposed "drug abuse history," [as well as her] probation, and education records. The material sought, Osborn argues, provides "rich sources of information for impeaching the complaining witness."

The defense is asking that the records be provided directly to them, rather than to the court for an ex parte review.

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Newsweek on Duke Rape Case: Open Thread

Here's an open thread dedicated to the Duke Lacrosse case.

Newsweek has a very detailed 8 page recap of events in the Duke Lacrosse players alleged rape case. If you don't have time to read the whole thing, here are the highlights I found significant. First, the article puts Reade Seligman's alibi defense in a clear and concise nutshell.

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Transcript Details of Duke Accuser Photo Lineup

WtVD, the local ABC news station in Durham has viewed the transcript of the photo identification made by the rape accuser in the Duke Lacrosse player case.

Eyewitness News was allowed to look at the 15-page document describing the process. The accuser looked at pictures of 46 lacrosse players on April 4 in a police department Powerpoint presentation. She would look at a picture, then see a blank screen before looking at the next image.

She identified Reade Seligmann, 20, with 100-percent certainty as the man who forced her to perform oral sex on him. She also identified Collin Finnerty, 19, as the man who raped and sodomized her.

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Duke Lacrosse: The Impropriety of the DA's Comments

Today's News Observer has a very good article explaining why the DA in the Duke case may have crossed ethical lines by proclaiming his belief in the accuser's rape allegation. It also contains the ethical rules in a sidebar. As the excellent, veteran criminal defense lawyer (and TL pal) David Rudolf says,

"When a district attorney talks to the local and national media about his personal belief that certain people are guilty and are 'a bunch of hooligans,' about how horrified he is by the allegation, that 'a bunch of lacrosse players from Duke ... raped a black girl from Durham,' or how alleged racial slurs 'make what is already an extremely reprehensible attack even more reprehensible,' the State Bar would have to be concerned," Rudolf said.

Here's what DA Nifong said, according to the News Obersver which tracked his comments:

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Duke Photo ID: Only Photos of Players Included

This is a continuation of yesterday's post, Duke Accuser's Photo Identifications of the Lacrosse Players.

The defense received a copy of the lineup details Friday. Sure enough, the only photos shown were of Duke lacrosse players.

To obtain the identification, Durham police showed the woman photos of the 46 lacrosse team members one at a time, sources said. The woman said she was 100 percent certain that Finnerty and Seligmann were involved and 90 percent certain that a third player was involved.

....Defense attorneys also noted that two people at the party who aren't on the lacrosse team weren't included in the photos shown to the woman. Those two people also have never submitted DNA samples to authorities for testing, attorneys said.

This increases the chance for misidentification. But, as I wrote yesterday,

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Duke: Second Dancer Comes Forward, Identifies Herself

The second dancer -- not the accuser -- in the Duke Lacrosse story has identified herself as Kim Roberts and tells her story.

She's angry -- and if the slur she describes actually were made by one or more lacrosse players, and I don't doubt her on this since the defense lawyers seem to concede the racial slurs, she has every right to be.

"Don't forget that they called me a damn n*gger," 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."

But Roberts acknowledges she doesn't know if the accuser was raped.

Update: It seems the second dancer is reaching out to pr firms like 5W Public Relations to "spin this to her advantage." More on the CEO of the company who wrote the blogpost here.

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Duke Accuser's Photo Identifications of the Lacrosse Players

Last week I questioned the accuser's reported photographic identification of the accusers:

The D.A. said the accuser last week, three weeks after the incident, was able to identify one attacker. Reports are it was from a photo lineup.

Who wants to bet the only persons in the lineup were Duke Lacrosse players? If it didn't contain any foils (persons resembling her description of the perpetrators who have nothing to do with events of that evening) it's a bad lineup. One of the four key rules in proper eyewitness identification procedures is that the lineup must contain known innocents.

Defense lawyers in the case are asking the same questions. Let's examine the issue. Here are the suggested guidelines of the North Carolina Actual Innocence Commission on eyewitness evidence.

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Duke Lacrosse: New Search Warrants, Cabdriver Talks

Update: The cab driver's story about his second trip to pick up players at the party becomes even more suspect. CNN reports:

Less than an hour after he says he picked up Seligmann and a friend, Mostafa says he got another call -- at around 1:07 a.m. March 14 -- to pick up people at the same North Buchanan address. He said he saw about 20 people on the lawn of the home, "yelling, talking back" to each other, including one African-American woman who he said didn't appear to be injured.

Four men got into the taxi, Mostafa said, and they appeared to be drunk. One of them said, "She's just a stripper," Mostafa quoted.

When the police arrived at the house at 12:55 am, two minutes after the second dancer's first 911 call, the house appeared deserted. The women were already gone. They left at 12:41.

*****
Original Post:

In the Duke lacrosse players case, the search warrants of the indicted players' rooms were filed today. You can view the warrant here.

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Duke Indictment and Status of the Two Charged

Smoking Gun has the Indictment of the two Duke Lacrosse players. Reading between the lines of this statement from Duke University today, the two indicted players have been suspended.

So, two young men, accused but not convicted, have their faces and names plastered on television screens and in newspapers across the country, are required to post $400,000. secured bonds and get kicked out of school, based on allegations by an accuser who is allowed to retain her anonymity and her privacy.

This is like Alice in Wonderland. Sentence first, verdict afterwards.

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Duke Defense Lawyers Offer Alibis to Press

by Last Night in Little Rock

CNN reported at 2:01 pm ET today that the defense lawyers for the two Duke lacrosse players arrested this morning (arrest noted by TChris here, which has an update from ABC News with similar information) offered alibis for both men. Both claimed to be elsewhere at the time of the occurrence, with witnesses and time stamped video from an ATM. CNN.com alluded to it in a post at that same time:

Sources close to the investigation told CNN Tuesday that the defense will present evidence -- including ATM receipts and a cab driver -- that neither Seligmann, 20, nor Finnerty, 19, were at the team party at the time the alleged rape took place.

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