There are some interesting developments in the lacrosse case and in the
circus surrounding it. First, as we mentioned earlier, Lewis
Cheeks has enough signatures to get on the ballot, although they have not
yet been certified. The other candidate did not, meaning that the prospective
vote will be a referendum on D.A. Mike Nifong, and will not be split three
ways. This is a healthy thing for Durham.
Colin Finnerty's parents say
he can document his whereabouts pretty thoroughly on the night of the
lacrosse party, and has also passed a polygraph test.
And while this isn't actually a development, it's very interesting:
Steven D. Levitt, who wrote Freakonomics, has some interesting things to say about
the way the lineup was handled and the odds of it happening the way it did.
Meanwhile, attorney Kirk Osborn, who represents Reide Seligmann, is boring in
on Mike Nifong's handling of the case. Arguing that the vast majority of
the documents turned over to the defense were just meaningless, he is asking for
some pretty specific information, to which he is entitled, as we understand the
law (limited, but we can read):
1. Exactly where, when, at what time, and how does the State contend the
Defendant committed a first degree rape?
2. Exactly how does the State contend the alleged rape was committed with
another person by force and against the will of the accuser, and who was this
person or these persons.?
3. Was a dangerous or deadly weapon or an article used during the alleged rape,
which the accuser reasonably believed to be a dangerous or deadly weapon
employed and/or displayed; and if so, by whom was it displayed or employed?
4. Was a serious personal injury inflicted up the accuser or another person
during the alleged rape; and if so who inflicted this injury?
5. Was the alleged first degree rape committed by someone aided and abetted by
one or more other persons; and if so, who was this person or these persons who
aided and abetted, and exactly how did such person aid and abet?
6. The factual information which is the basis for the state's allegations of a
first degree rape.
7. Exactly where, when and how the state contends the defendant committed a
first degree sexual offense, and a specific description of the exact sexual
offense?
8. Was the alleged first degree sexual offense committed with another person by
force and against the will of the complaining witness?
9. Was a dangerous or deadly weapon or an article used during the alleged sexual
offense which the accuser reasonably believed to be a dangerous or deadly weapon
employed and/or displayed; and if so, by whom was it displayed or employed?
10. Was serious personal injury inflicted upon the accuser or another person
during the alleged sexual offense; if so who inflicted this injury?
11. Was the alleged first degree sexual offense committed by someone aided and
abetted by one or more other persons; and if so who was were the person(s) who
aided and abetted, and exactly how did such person or persons aid or abet?
12. The factual information which is the basis for the state's allegations of a
first degree sexual offense.
13. In regard to the first degree kidnapping charge, how does the state contend
the accuser witness was unlawfully confined, restrained, or removed from one
place to another?
14. Was the alleged confinement, restraint or removal for the purpose of holding
the accuser for ransom or as a hostage or using such person as a shield; or
facilitating the commission of any felony or facilitating flight of any person
following the commission of a felony?
15.Was the alleged kidnapping to do serious bodily harm to or terrorize the
person so confined, restrained or removed or any other person?
16. Was the alleged kidnapping to hold the complaining witness in involuntary
servitude in violation of G.S. 14-43.2?
17. Was the person kidnapped released in a safe place or was the complaining
witness seriously injured or sexually assaulted?
18. The factual information which is the basis for such allegations regarding
the first degree kidnapping.
19. A detailed statement of the factual information upon which the State will
rely to prove each of the elements of each charge in each indictment.
20 The names, addresses, telephone numbers and current occupations of each
witness the prosecution expects to cal to establish each of the elements of each
circumstances listed in the answer to paragraphs above, along with a statement
of the expected testimony of each witness.
21. A copy of any statement obtained from witnesses regarding any charge or
element of any charge in this case.
22. Any information in the prosecution's files or known to the prosecution or
which with the exercise of reasonable diligence could become known to the
prosecution which establishes or might tend to establish the existence of any
element of any of the alleged charges.