Tuesday, February 27, 2007

Latest Bombshell Motion

The N&O, NBC-17 and WTVD-11 are reporting that the latest in what seems like a never-ending stream of bombshell defense motions was filed today in Durham. The issue? DNA.

After his disastrous performance at the December 15 hearing—when he admitted that he and Mike Nifong had entered into an agreement to intentionally withhold exculpatory DNA evidence—Dr. Brian Meehan filed an amended report, which purported to be the complete results of his findings. That report did little more than confirm what he admitted under oath in questioning from Brad Bannon: that DNA from multiple, unidentified, males was found in the accuser’s rape kit.

Defense attorneys have continued to scrutinize Meehan’s data, however, and today’s motion reveals that they have uncovered even more DNA—from additional unidentified males—that Meehan’s amended report failed to include. According to the motion,

DNA Security discovered the DNA of at least two males in the accuser’s rectum that did not match the Defendants, their lacrosse teammates, or anyone else who provided a reference DNA sample.

Mike Nifong obtained the indictments of three people on a charge of rape, in which the accuser’s then-present version (her April 6 statement) claimed that the crime had included anal rape. Even if North Carolina did not possess an Open Discovery law (which required turning over of all material to the defense), and even if North Carolina law did not require turning over of all test results obtained from a non-testimonial order to the defense, how would it not be exculpatory to have “discovered the DNA of at least two males in the accuser’s rectum that did not match the Defendants, their lacrosse teammates, or anyone else who provided a reference DNA sample”?

After all, this is the same Mike Nifong who in a 2000 case dismissed an indictment on rape because “results of DNA testing exclude the defendant as the perpetrator of this crime.”

Today’s defense motion also provides a statistical summary of the Meehan test results:

A collective review of all materials provided to the Defendants and information obtained by the Defendants about DNA Security’s work shows that at least 12 of the 22 rape kit DNA extractions—in other words, over half of them—contained male DNA that did not match the Defendants. [emphasis in original]

How is it possible that this case is still ongoing, and that a criminal investigation of Nifong has not been opened in its stead?

A copy of the motion is here, while JinC poses three unanswerable questions.

75 comments:

Anonymous said...

The gift that keeps on giving.

Your book is writing itself.

SAVANT

TombZ said...

Absence of the accused's DNA combined with presence of other (presently) anonymous DNA is 100% exculpatory.

No excuses, no alternative explanations are available.

They. Didn't. Do. Anything.

When does the search for the 'real rapists' begin?

Anonymous said...

If I was Meehan the one thing I would have done was written a complete and accurate final report. Why didn't he?

JWM said...

Dear KC,

Great post!

You ask: "How is it possible that this case is still ongoing, and that a criminal investigation of Nifong has not been opened in its stead?"

Please take a crack at answering that question.

Is Nifong's office responsible for "investigating" the man his staff just spent a week "honoring?"

Is the latest DNA evidence supposed to be turned over to Gottlieb and Hyman for their DPD investigation?

Do the NC state attorney general appointed special prosecutors have any duty here to investigate?

Is this evidence that should be called to the Feds attention? Does it make it more likely they'll finally come in?

John in Carolina

AMac said...

Dialog that might spring to mind as The 88, Shadee, et al. read about these latest turns:

Enablers: Ahhhhhhhhhhh!!! You cursed brat!

Look what you've done!! I'm melting, melting.

Ohhhhh, what a world, what a world.

Who would have thought that some little bloggers like you could destroy my perfect victim and perfect accuser.

OHHHHHHH!!! NO!!! I'm going...ohhhhhhh..ohhhhhhhhhhhhh....

Anonymous said...

I’m not sure this matters much. The people who use facts and evidence are already convinced of the Duke LAXers innocence. The people who think that the Duke LAXers are guilty are not looking at the evidence anyway.

Anonymous said...

Looks as though Dennis Miller's "Louvre of DNA" has added more works to the "collection".

Anonymous said...

K.C.: How much more evidence of heinous corruption on the part of the State of NC must be uncovered before the Federal government steps in. Has the U.S. Department of Justice ever responded to the numberous pleas from the Congressmen and Senators that are requesting the Department of Justice to step in. This has gotten to the point where the Federal Government looks real bad nationally and internationally for not looking the other way and ignoring these injustices.

Anonymous said...

Nifong was surely right about one thing--it is dangerous to have unprotected sex with a sex worker--although at least 12 males unconnected with the LAX team apparently took the chance!

Diesel

Anonymous said...

Are there copies of the serology reports available online?? I keep reading different interpretations of the results (eg. some say there was semen that matched the accuser's boyfriend, others say his was not found). I would prefer primary source evidence. Does anyone have any links to the original documents?? Thanks :)

Anonymous said...

This may or may not have anything to do with the case, I just don't know...but, 1) is the State Lab where the samples went for testing first so inadequate as to not find any of this stuff out, 2)did someone there aid in a coverup also, or 3)were they given the "safe" samples, where they would find essentially nothing, and Meehan given the ones necessary to lie about and hide?

Anonymous said...

Suppose Nifong is charged by another prosecutor who believes that Nifong didn't exercise discretion but acted to intentionally deny constitutional rights.

Nifong's defenses would be extreme sloppiness, misdirected concern for "privacy" of others and a "confusion" between him and Meehan on what to report and why. "Even if I screwed up," he will insist, "its not intentional conduct so I can't be held accountable for that."

Enter the Bar's charges and findings: Does he prudently need to take the Fifth in those proceedings? If he does, his dismissal from the Bar would be automatic would it not? If he testifies, he runs the risk of waiving his Fifth Amendment privilege. If he doesen't claim the Fifth, what is the exposure to the City?

Is the City providing him with counsel? Should they be? Whatever he says to the Bar will affect them too.

What a mess for them.

Michael said...

Saw a headline that said that 25% of US Women 14-59 have HPV which can cause cervical cancer in women and another kind of cancer in men.

12 guys? She's a walking epidemic. If 25% of women in that age group have HPV, which side of the fence do you think CGM falls on? Anyone that plays with her except at a distance have screwed up the rest of their lives along with their spouses, etc.

I guess this topic will be discussed in the next "Hookup Culture" class.

Anonymous said...

Unless I'm missing something really obvious what new ground does this "bombshell" motion plow?

Hasn't it been known all along that

(1) None of the DNA samples recovered from the FA matched

(2) That semen from multiple men was found in the FA's anal cavity and underwear.

Like I said, unless I'm really missing something this motion seems to be a smear job more than anything else.

Anonymous said...

I'm one that views conspiracy theorists as tin-foil-hat-wearing fools, but one could be tempted to believe there's a reason DPD hasn't investigated - or at least acknowledged - the source of all this DNA. Just customers, or....?

John Kaiser said...

"DNA Security discovered the DNA of at least two males in the accuser’s rectum that did not match the Defendants, their lacrosse teammates, or anyone else who provided a reference DNA sample."

That's just nasty! I wasn't expecting something so, well, gross, to jump out at me like this.

Whether this girl was raped by others she won't admit to or she is just a rather promiscuous get-about, it becomes ever more obvious that these Duke Lacrosse players were railroaded to the highest degree.

Anonymous said...

I didn't quite understand the second quoted passage. What did the other 10 DNA extractions imply? There were 22 told DNA strains found? What is the specific meaning of the 12 and 22 DNA strands respectively?

Anonymous said...

Unless I read the N&O article incorrectly, isn't it actually saying that the defense STILL hasn't received the underlying data from 11 of the 22 samples that were taken?

Michael said...

From the N&O report:

[In Tuesday's motion, defense lawyers said they recently discovered they have received only 11 of the 22 electropherograms from the samples collected at Duke Hospital.]

In reading the articles, it's not clear to me how many different men are involved here. It sounds like it should be a number less than or equal to 22. Does the number 11 above imply at least 11 or could the same electropherograms have been found in multiple places thereby reducing the number of overall people involved.

Nifong's hat trick said...

How is it that despite the fact that the rape kit showed DNA from 4+ unidentified males,the law allowed Nifong to go after the LAX players for rape?

After dropping the rape charges based on the FA's claims that she couldn't be sure of penile penetration (not based on actual DNA evidence or lack of it),how is it possible that the law allowed Nifong to continue to go after the LAX players for sexual assault?

When the FA stated that Reade Seligman didn't participate in her "rape", how is it possible that the law allowed Nifong to then charge Seligman with sexual assault?

It's as if Nifong is a puppet and the FA is pulling his strings! He changes his tune when she changes hers!

Is it that easy to claim rape? Just say it and it's so? How do our laws protect us from false claims and prosecutorial abuse?

Perhaps the best thing that could come out of this Duke Lacrosse scandal will be stricter laws to protect the accused and laws that place more weight on DNA evidence.
("Cheshire's Law")

I hope the Duke LAX players, their families, friends, lawyers, etc. will all fight for reform once this horror is over!

Anonymous said...

Anon 1:03...

Why would the Federal government step in? Yes, Nifong is a horribly corrupt, opportunistic criminal who should be disbarred... and very likely will be.

But the most significant charges have already been dropped. The lesser charges likely will be dropped as well.

Come on people, the criminal justice system is very, very backlogged. Don't think this is the only case where overzealous prosecutors went too far and people are waiting/languishing in the criminal justice system to have their cases dismissed, or even heard (granted, this case was the most PUBLIC example of such corruption and impropriety by the system, but that doesn't make it the only one).

As much as you may dislike the fact that these boys are in this situation, they are no more or less special than anyone else waiting their turn. Charges aren't just dropped as fast as you think, even when the facts that emerge are as ridiculous as the ones in this case.

What else would the Federal government do? Nifong already faces possible disbarment, the most serious charges have been dropped, and it is likely the rest will be as well.

I doubt the Federal government is going to step in because in this one particular case, the three boys who already are on the road to having their charges dropped, have to wait so long for it to happen. Everyone has to wait an incredible amount of time to get the same result... innocent or guilty.

I'm not trying to be sarcastic, contrary, or insulting... but the idea of the Federal government stepping in here is ludicrous.

Chicago said...

Ok I am a bit confused. It was my original understanding that the DNA samples that Meehan produced showed that 4-5 guys sperm were found inside of her and that none matched any LAX players. Now if I understand it correctly, their are two more from different males found?

So the number is now up to 6-7 different males, none of whom are LAX players?

Also, what is the deal with the 12 out of 22? I assume none of the 22 matched any Duke players right? Other than the one where they said Evans "couldn't be ruled out."

I am lost. CGM had way too much sperm inside her (none from Duke Lax players) for me to keep up.

The only thing I can say is that CGM is a walking sperm bank.

Anonymous said...

"But the most significant charges have already been dropped. The lesser charges likely will be dropped as well."

The rape charges were dropped. However the remaining sex assault charges carry the same sentance. These are not lesser charges. The rape charges were dropped because of the very specific legal requirements for a rape charge.

scott said...

Two thoughts come to mind:

1. Anne Blythe's by-line shows up on the N & O story (cowritten with Neff). Given her stance in the early going when the N & O was first-hand evidence of the media's rush to condemn the LAX 3, the N & O management is showing poor judgment to keep her on the front line of the current reporting. They should leave it to Neff. When he came on board, the N & O's reporting finally took a turn for the better. In the meantime, I'm sure Blythe can still rationalize the earlier N & O position that she authored.

2. Are DNA labs required to be licensed by the state to engage in business? If not, that's something else NC needs to remedy. If so, why does Meehan's lab still have a license? This man and his lab are a menace to society. The lab should be shut down immediately and Meehan should never be allowed to work in or own a lab in any state ever again.

Anonymous said...

These revelations could explain her state of mind and reasons for making false claims.

I am no expert on this topic (or even an amateur), but I would guess she makes more as a sperm bank than for dancing. If she expected to provide a broader range of services at the party, she might have been annoyed about the "opportunity costs" of being hired to dance (and nothing else).

Anyway, the DNA tests show that there is certainly a market for what the dancer "uniquely possesses" (to paraphrase that 88 gangster).

SAVANT

PS - Professor Johnson, thanks for providing this "latest bombshell" well before the dinner hour.

Anonymous said...

Someone mentioned this already, but if CGM has so much sperm from so many different sources, why wouldn't the State DNA Lab have found something? It makes you wonder if they aren't hiding something as well.

Inquiring minds want to know, KC.

Anonymous said...

1:31 p.m. says
"Like I said, unless I'm really missing something this motion seems to be a smear job more than anything else. "
The defense counsel is simply asking for what they are entitled to receive--a complete report. Once they receive a complete report, they can evaluate whether the additional evidence adds anything to what they already know. It would be malpractice on their part not to insist that the prosecutor comply with his discovery obligatios.

Soobs said...

"What else would the Federal government do? Nifong already faces possible disbarment, the most serious charges have been dropped, and it is likely the rest will be as well"

The feds could and should file charges for civil rights violations, at the very least. As a prosecutor, Nifong broke the law. Several of them, if you believe most of what has been reported. Just because charges most likely will be dropped (just because someone returns stolen property) doesn't mean that consequences aren't called for. What about prosecuting him as a deterrant to other rogue prosecutors; let them know if they persist in doing the same, they'll suffer the same consequences. Jail time, not just a slap on the wrist.

Anonymous said...

E-mails to the Department of Justice, including the Attorney General, may be sent to AskDOJ@usdoj.gov

Put "ATTN: AG Gonzales" in the header.

Make some noise...

emmy said...

Really at this point, they'd do better to conduct DNA tests to see whose DNA is NOT in or on her...and of course we already know that not one speck of DNA from ANY of the Laxers is present in or on this false accuser, so why not just flush this turd of a case, once and for all?

Gary Packwood said...

Now CGM, we are not concerned right at the moment HOW the sperm got into the panties, we need to know WHO gave you the panties to wear to the party?

We understand now that you were working with someone to 'set up' a group of white boys from Duke...at A party.

Did you end up going to the wrong party?

Why don't you just tell us what really happened so we can bring the mess to a close?

Anonymous said...

Why would the feds step in?

I don't know. The FBI came to Guilford college in NC when some Palestinian students there claimed they have been attacked, even BEFORE police had questioned the students.

The FBI went to Durham in 2005 after some cross-burnings there (widely rumored to be the work of black teenagers), in order "to reassure the community".

The FBI did NOT come to Durham when a recognized hate group threated the lives of defendants from inside a courtroom; held marches and rallies and met privately with the DA.

The FBI did NOT come when a black cabbie was beaten by drunken off-duty white cops ("Rodney King South"); too bad the cops were associated with the Duke case, I guess.

The FBI has NOT come to Durham to look at conspiracy charges in this case involving corrupt local officials.

It is as if this case has been somehow "unclean" and will ritually pollute the FBI if they come into contact with it.

But this case has changed my opinion of the FBI, as well as of the judicial system; and it's not been a change for the better.

Anonymous said...

Oh, Guess who is re writing his response to the State Bar, which is due TOMMORROW! Mikey can't say now that he is a victim of Menham.

I see this as a VERY strategic move by the Defense. Mikey is going to have to surrender his license and resign and pray he doesn't go to jail. That's his only chance of not seeing the inside of Butner with former Speaker Black.

The Fed's are out there and they are going to strike just as soon as Mikey remembers "he going to regret this the rest of his life"

Book'em Dan O!

Kemp

Anonymous said...

To help those who are misinterpreting the DNA results: My understanding from reading the N&O article is that the rape kit included 22 swabs or collections from various parts of the body or clothing. What the report is stating is that only 11 of those swabs/collections have been given to the defense. Of those 11 that have been turned over, there were at least four unique DNA profiles (as determined by the electrophenograms or DNA fingerprinting). The four unique DNA profiles did not match any of the LAX players. So the question remains as to what profiles are contained in the remaining swabs/collections that have not been turned over to the defense. So there are not 22 strands of DNA, but 22 individual DNA swabs/collections that were tested by the labs for the DNA profiles.

Anonymous said...

JLS says....

1. The absense of defendant DNA in this case shows Mangum lied. It shows nothing more or less. Whether she lied about (a) being raped, (b)the defendants raping her, (c) the defendant's use of condums, (d) her sexual activity around that time or (e) all of the above is not established. She certainly had to lie about at least one of the points above. [I believe she lied about all of the above, but there is no explannation other than that she lied about at least one.]

2. Lying complaining witnesses make cases unwinnable. That is why this case should have never been brought and why it would not have been brought without the election hanging over it and the 88 gangsters.

3. As I said elsewhere, this is the first shot across the bow of the special prosecutors and AG's office. They are now on notice. This case is over. They need to drop in or become part of the hoax.

Michael said...

re: 1:31

What does it show?

- After all of the publicity, something simple that was asked for by the defense still hasn't been delivered.

- The magnitude of CGM's activities has been elevated into the stratosphere. From a purely legal perspective, perhaps it doesn't matter if its 5 or 50. But if I were on a jury, it would matter to me. It would matter to a judge too. He'd have to have a recess every five minutes so that the jury could walk out into a soundproof room, laugh as hard as they can for five minutes and then return to the jury box. For any that could have imagined CGM taking the stand before, can you imagine her taking the stand now?

You didn't have sex with anyone for the last week, right? Uh, maybe my boyfriend.

Okay, he's John Doe #1. Here's a graph of John Doe #2. Could you explain this? Well, uh maybe it's old like a week or two ago.

.....


Could you explain the graph of John Doe #17? Well, this bug saucer-shaped thing came down from the sky with bright lights...

(that will teach you to drink coffee while reading this blog).

Anonymous said...

How many males deposited their sperm in and on CGM in the days that preceded the lacrosse party -- 4, 5, perhaps 6 or even more?

How long will sperm remain in a person's rectum, give that it is necessary to periodically evacuate one's bowels?

Does CGM ever bathe? During the course of her profession, has CGM heard of a douche or an enema?

How about laundry? Are these her regular panties? Does she own a second pair?

But that said, a working girl full of sperm can still be raped, beaten and robbed.

In this case, based on CGM's multiple versions of the events and their utter failure to match the evidence, it seems so improbable as to be virtually impossible that 'something happened' along the lines she claims. Reasonable doubt abounds at every point in the story and no DA should have even considered filing charges.

So how could Nifong go forward with the case, given that CGM is a walking Petri dish -- and none of it belonged to the players? And there appears to nothing else but 'she said, he said'.

Liefong and CGM should both go to jail for putting these three at risk of loosing their freedom for a very long time, and on the way authorities should give her tests for Aids, herpes, HPV, clap, etc.

Anonymous said...

JLS says.....

re: 1:23

I have said over and over that this case can quickly be stopped if Alamance County DA Robert F. Johnson [No relation to the owner of this blog, I presume] will do his job. A conspiracy to obstruct justice was hatched in his county. This has been testified to in open court in NC under oath.

The members of the conspirancy included at least Mr. Meehan, Mr. Nifong, Mr. Gottlieb and Mr. Himan. The ring leader was Mr. Nifong. I feel confident that if DA Johnson were doing his job, he could have turned one or more of the other conspirators by now and have indictments or filed charges against the ring leader, Mr. Nifong.

Do the people of Alamance County want people from out of town coming their to hatch criminal conspiracies? Why are they not demanding their DA act.

Anonymous said...

As much as I support these boys, I think the Attorney General has better things to do.

People paying attention like the posters here and forums like KC's and media scrutiny -- heavily from MSNBC and Fox from the beginning -- and from the State bar and the criminal justice system itself, are all working in the boys' favor.

You are mentioning various different issues where the FBI purportedly "got involved"... regardless of the merit of your statements taken alone... I still don't see why the Federal government would get involved in this case.

If any of the parties were brought up on charges of violating a Federal criminal statute, then okay... but in the absence thereof, this is NOT the kind of thing Alberto Gonzalez has the time to waste on.

As much as I support them, they're three men who were abused by the system, and the system is slowing working the problems out... dealing with the charges, Nifong et al.

FYI, there may be many, many people nationwide who have just as much of a valid claim as to why the Federal government should get involved in their case as these boys do... they'd be joining a long line... and all of them would have dubious claims as to why Alberto Gonzalez should drop everything and deal with their unfair criminal charges.

This is getting ridiculous. Why not call the CIA? Maybe we can get President Bush to send in the Army, Navy, Air Force and Marines!

Anonymous said...

Just when I thought I could no longer be shocked...

Anonymous said...

Wow.

One thing this case is making clear is that, especially if you're innocent, good legal representation is a necessity.

The defense's motions have utterly destroyed this case. Can you imagine what the LAX players' situation would be if they didn't have these lawyers?

That doesn't change my opinion that the families should get every penny back. Still, wow.

Dianna

Gayle Miller said...

The "minor" charges still amount to some 30-40 years in prison for each of the innocent young men this lunatic (or lying - or both) creature has falsely accused. Not so minor, in my view.

I completely agree with tombz - THEY. DIDN'T. DO. ANYTHING.

Cedarford said...

I join 2 other posters in wondering how it is that the State Lab "failed" to detect gobbets of semen spilling out of Crystal Gail's vagina and rectum and all the semen stains on her panties.

Perhaps they didn't.

Perhaps there was Nifongery involved here as well, a 2nd cover-up at the State Lab.

It's hard to imagine that the State Lab failed to note the copious quantities of semen in and on Crystal Gail from the simple tests any crime lab does outside STR DNA testing - UV flourescence 245 and 365nm wavelength, quick amylase, PAP, immuno testing. And straight DNA testing of the gobs.

On just the UV testing, Mangum's clothing and samples should have glowed like campfire embers on a dark night.

Hopefully the lawyers are looking at this. The FBI (which had it's own huge lab scandal) normally comes in when a State forensics lab screws up badly to review and analyze their methodology.

Anonymous said...

JLS says....

re: 4:20

Some of us do not consider the Federal government stepping in to protect the civil rights of Americans who happen to be visiting or temporarily residing in another state to be a waste of time. We consider our civil rights to belong to each of us, not just those who happen to have protected minority status. We consider the right to move freely around the United State without some DA violating our rights to pander to local racists to win an election a pretty important right.

bill anderson said...

As I have said elsewhere, we are dealing with criminal conspiracies. If the State of North Carolina and the federal government are not willing to pursue the matter of criminal conduct on behalf of Nifong and the police, then I can only hope that some lawsuits will be filed.

Furthermore, if Coman decides this piece of garbage must move to trial, then we need to continue to beat the drums. Look, Coman knows that these charges are bogus, and so does everyone else in the AG's office. They are continuing this massive CYA affair in violation of the law and every standard of decency.

Gary Packwood said...

Anonymous 4:012 PM

I have not laughed that hard for a long time.

CGM introduced in court as a walking Petri dish ...which of course requires the judge to give time off to the jury periodically to retreat to a sound proof room to laugh...is just priceless.

Thank you so much

Anonymous said...

Can someone PLEASE help me, I admit, I'm confused. Since additional DNA has been identified as belonging to someone(s) not listed in the prior report and not belonging to the lacrosse players and there are still results from 11 samples not turned over to the defense how are we sure these 11
samples do not contain DNA from lacrosse players.

Sorry for being so dense. An explanation is very much appreciated.

GS said...

4:20:00 PM

I agree.
As much as it sucks, the 3 players are out on bail. Nifong is being investigated, and new SPs have taken over the case. The Feds will not come in now, they will let NC clean house.

The players will need to sue to get back all the money and rep (can't really get that back, but money helps) that Nifong cost them.

In the end Nifong's election strategy will cost the state a fortune.

I still believe the SPs want to make this case go away before the 1 yr anv.

P. Rich said...

You couldn't invent this stuff and put it into a novel because it would be too improbable for a plot line.

Anonymous said...

As much as I support these boys, I think the Attorney General has better things to do.

What does the AG consider important, and the job of the FBI?

If the KKK threatens you, who do you turn to for help, if the local DA is meeting with them and the local police are corrupt?

If the FBI is 'too busy', then do we just have to give up our constitutional rights because nobody will enforce them?

Maybe they think the constitution needs to 'shed a little fat', and guarantee fewer rights (like a speedy trial--that restraint on the power of the state to wear out defendants has been around since Magna Carta. I guess NC hasn't gotten the word yet.)

Anonymous said...

Does anyone have an idea on what the going rate for two 'exotic dancers' is?

$800 sounds kind of like there is an expectation of sex. Anyone have an idea what Bunny Hole is known for?

Anonymous said...

There is no way that after seeing the results of the DNA testing (which he then conspired to hide from the defendents) Nifong believed that CGM was raped. He would have tried to find out just who all that DNA was from and run out looking for the real perps. He knew her body and panties were a cornucopia of Durham males' DNA, and he knew how it all got there. Her hygeine was clearly nonexistent--disgusting!!!!!! This was a railroad job to the DA primary victory, pure and simple.

duke2009mom

Anonymous said...

4:20pm wrote:

If any of the parties were brought up on charges of violating a Federal criminal statute, then okay... but in the absence thereof, this is NOT the kind of thing Alberto Gonzalez has the time to waste on.

Ummm...not to be rude but....DUH!

By the way: people of ALL races, ethnicity, income level have civil right protections.

Anonymous said...

I just read the motion. Wow! Now why did the attorney’s wait to make this move about a week before the next hearing? I haven’t heard anything about the special prosecutors turning over more discovery to the defense (they are under the same legal obligations). Did they run out of patience? Were they busy with other matters? I read that AV was interviewed by the prosecutors. Wait, could it be, the defense team is gambling that her story has changed again? Will this motion prompt another interview with the AV and another change in her story? If there is a pool put me down for 32 mutually exclusive versions.

Anonymous said...

KC,
Talked with my Bar Buddy this afternoon and relayed to him the latest motion and the fact that Nifungu and Meehan had withheld more evidence. As you know he is a Bar Counselor.
He said without blinking an eye "If this is true, Nifungu is going to get indicted."

Put a fork in Mikey, he's done.

Kemp

Anonymous said...

Did they remember to also check her nostrils and ear canals?

Anonymous said...

How many of Nifong's past convictions will be overturned because of this stunt?

How many millions will Nifong cost the taxpayers of NC in legal fees for re-trials that every one of his convictions will demand (and should demand) based on the fact that Nifong tried to frame innocent people?

Finally how many real rapists will be back on the street because he tried to put three non rapists in prison?

Anonymous said...

So if I read this correctly, the defense is still waiting for Electropherograms for 11 sperm and epithelial cell stains from the various sites: 15768-70,
15773,15779,15781-84 and 15815.

What I don't understand is why the defense waited to file this motion if they knew that Meehan didn't give them all the DNA data the second time around when ordered by the judge to disclose all exculpatory evidence ? Meehan and Nifong are now even in more trouble....

Is this a premptory move by the defense to put even more pressure on the new prosecution team ?
This disclosure of new "sperm donors" and request for all the evidence yet again makes it all the more impossible to put CGM on the stand. The defense could spend literally weeks subjecting CGM to cross examination about each and every sperm sample found in her various orifices. The prosecution, the state, the county, the NAACP and the Group of 88 will be severely embarassed that they believed this woman if this hoax ever comes to trial. One thing is clear - The NC justice system is not even on par with 19th century standards of jurisprudence.

Orange Lazarus

Anonymous said...

The news this evening reported that the latest DNA test results found 12 DNA samples on and in her person from 5 different sources - that is to say, one person contributed more than one sample. It was also reported that the tests were able to detect the DNA from less than a single skin cell - that is even non-sexual contact could have been detected. The tests had to correct for any possible contamination from lab workers, and that opens an avenue for charges of evidence tampering (see OJ's "trial") and other true believers to hang their conspiracies on. This case is far from over. I doubt that the feds will step in as there is no upside potential. The state, being run by corrupt democrats, will not punish their own, and life will go one. Lawyers will make a lot of money, politicians will keep their jobs, except for those that Jim Black rats out, and Crystal will remain the repository for the hopes, dreams, aspirations and DNA of a community.

Anonymous said...

To 3:56:
A reasonable and rationale juror would see things they way you or I would. But isn't it scary that overwhelmy at NCCU, the jounalsim class still beleive Crstal. They still feel the LAX players are guilty!
Colorblind opinions!

Anonymous said...

I don't want to believe that my DOJ has better things to do than investigate a case of such massive civil rights violations. DOJ has enough lawyers to populate Rhode Island. Had President Bush called for an investigation, he would have more supporters at this time - just for doing the right thing.

Anonymous said...

The reason SBI didn't find anything-the Y-STR DNA testing done by Meehan's lab is much more sensitive than testing done by SBI.

KT said...

To the anonymous poster from 5:21 PM:

You can be sure that the 11 samples that haven't been turned over from the prosecution are not from any of the LAX players, because that would've been the very FIRST thing that Nifong would have included in any report! He would have blasted that from the rooftops if any of their DNA had been found!

Anonymous said...

It's unreal to me that all this male DNA is found on the accuser and NONE of it is from any lacrosse player and three lacrosse players are still being prosecuted for sexual assault. Find me a precedent for this. Has there ever been a case with a fact pattern like this that has gone to trial?

This case is dead as a matter of law. If Coman and Winstead can't see that they are blind as a bat or playing politics. It's time for someone to act like an adult and put an end to this.

Anonymous said...

When will the attorney general of North Carolina, Mr. Cooper, bring on the criminal investigation of Nifong and bring charges against him? When will Mr. Cooper and Mr. Coman drop this absurd case against the three lacrosse players? When will Mangum be prosecuted? When will U.S. Attorney General Gonzales do his job? When will the Governor of North Carolina, Mr. Easley, act in the best interest of the citizens of the state? The legal clock is ticking; this could one of the biggest civil suits ever.

Anonymous said...

Anon 1:24AM above misses the point.

Like I said, unless I'm really missing something this motion seems to be a smear job more than anything else.

This is not a smear job. This is the defense attorneys putting the SPs on notice that:

* the boys, their families, and their attorneys have been patient long enough.

* that the SPs have had sufficient time to evaluate the evidence and reach the conclusion that this "case" is a farce.

* and that if the SPs don't hurry up and drop the charges, then they'll start to look complicit in the ongoing prosecutorial misconduct - and they don't want that now do they?

~Duke '91

Daryl Herbert said...

Like I said, unless I'm really missing something this motion seems to be a smear job more than anything else.

Falsely accusing a person of a serious sex crime is a "smear"

Being exposed as having lied to the police in order to fabricate a case against an innocent man--that's not a smear.

You will take the side of a lying prostitute who collaborated with a corrupt D.A. to bring charges against innocent men.

At least the American people hate you--heck, even the Democratic party hates you, which is why Edwards had to fire Marcotte. We will never stop working to deny hateful people like you from achieving a place in mainstream American politics. And we will never apologize for it!

Anonymous said...

Those currently controlling the case are nasty bastards - not all that different from Nifong.

Anonymous said...

I am embarrassed to say I'm a North Carolinian. I have utterly lost respect for our "laws" and our representatives. And if USAG Gonzales fails to intervene, the same goes for my U.S. citizenship!
Fed Up

Anonymous said...

Anon 7:22...

This case really makes you embarassed to be a North Carolinian and US citizen (assuming the likely -- i.e., that AG Gonzalez sees he has no place in this case)?

I'm getting jaded by some of my fellow supporters here... its great that this case caused such a groundswell of attention for civil rights and civil liberties... but the fight has been going on forever.

If this is the only time you've ever been embarassed, when the rights of these three particular boys were trampled upon... well I'm glad to have you aboard, but still... please don't accuse ME of being late to jump aboard because I happened to find out about this website much later than you. You're really the ones who seem to be jumping on a civil rights/civil liberties bandwagon.

Anonymous said...

kt, thank you for tour explanation. This case is so incredible, I just keep thinking, "is it possible it is a set up and a bomb will go off"

Anonymous said...

"How is it possible that this case is still ongoing, and that a criminal investigation of Nifong has not been opened in its stead?"

Perhaps because the civil suits can't begin until the criminal charges have been dropped? The SPs aren't there to protect the civil liberties of the Duke 3, they're there to protect the $$ interests of the City of Durham and the State of North Carolina (and to give political cover to Gov. Easley). If they drop the charges too quickly, isn't that a tacit acknowledgment that the charges should never have been brought and that the prosecution was, in fact, malicious? And that the State of North Carolina shares Nifong's culpability to some degree? Whereas, if they drag their feet it buys them time to formulate a strategy, and helps to suggest that there were in fact some evidentiary grounds for this case to have been brought. Ergo, the misconduct is strictly Nifong's but the state should not be held to account ($$) for that. Oh - and Gov. Easley shouldn't suffer any political fallout either.

~Duke '91

Anonymous said...

USA Today.com mis-identifies State Bar with Bar Association --- again --- and claims CGM was only 18 at time of the rape. So much for a year's worth of investigation.

Craig said...

The defense strategy seems clearly to put the new SPs on the defensive. Given notice of a continuing breach of law by the prosecution (which they now control), it is the new SP's obligation to comply with law and provide full disclosure of evidence. This is the first act by the defense lawyers that absolutely requires action by the new SPs. The defense showed patience by waiting a few weeks for the SPs to get familiar with the case, but now the SPs must act to comply with law or they become accomplices by continuing in a breach of law.

This is very shrewd by the defense. The honeymoon with the new SP team is over.

Anonymous said...

Craig @ 1:46PM

"This is very shrewd by the defense. The honeymoon with the new SP team is over."

Bulls-eye!

~Duke '91