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Title: Duke Lacrosse Case Charges to Be Dropped
Source: ABC News
URL Source: http://www.abcnews.go.com/US/LegalCenter/story?id=3028515&page=1
Published: Apr 10, 2007
Author: LARA SETRAKIAN
Post Date: 2007-04-11 09:21:29 by JohnGalt
Keywords: None
Views: 836
Comments: 10

April 10, 2007 — The office of North Carolina Attorney General Roy Cooper will announce that he is dismissing all charges against three Duke Lacrosse players, ABC News has learned from sources close to the case.

The three players, Reade Seligmann, David Evans and Collin Finnerty, were facing charges of first degree kidnapping and first degree forcible sexual offense. The charges stem from an off-campus party on the night of March 13, 2006.

* Duke Lacrosse Case: Complete Coverage

In the hours after the party, one of two dancers hired to perform for the players claimed she had been violently raped in a bathroom by members of the lacrosse team. The players had also been indicted for first degree rape, but that charge was dismissed on Dec. 22, 2006.

Special prosecutors from the Attorney General's office took over the case after Durham District Attorney Mike Nifong recused himself in January, citing charges of unethical conduct filed against him by the North Carolina Bar. Since then, Jim Coman and Mary Winstead have examined the case from scratch, interviewing key witnesses and working through reams of evidence.

The reasons that will be cited for the dismissal are not yet known, though the case has been riddled with criticism and colored by controversy since its early months. Defense attorneys released documents showing the accuser changed key details of her story in the weeks and months after the alleged assault.

Legal analysts and forensic experts have criticized what they call a critically flawed photo identification lineup — a lineup that led to the identification and indictment of Evans, Finnerty, Seligmann. No DNA evidence was found matching any lacrosse players with samples from the rape kit, while DNA from unidentified men was found on the accuser's body and clothing.

On Tuesday, a spokeswoman for the Attorney General confirmed to ABC News that his office had completed its investigation into the Duke lacrosse case. A press conference on the outcome of their inquiry is widely expected sometime this week, though members of that office have not yet revealed a date and time.

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#4. To: JohnGalt (#0)

Special prosecutors from the Attorney General's office took over the case after Durham District Attorney Mike Nifong recused himself in January, citing charges of unethical conduct filed against him by the North Carolina Bar.

I wonder if Nifong will be dis-barred or sued for malicious prosecution or both.

scrapper2  posted on  2007-04-11   18:02:55 ET  Reply   Untrace   Trace   Private Reply  


#10. To: scrapper2 (#4)

I wonder if Nifong will be dis-barred or sued for malicious prosecution or both.

The correct answer is "both".

Withholding exculpatory evidence will anger juries and judges alike.

leveller  posted on  2007-04-11   21:06:03 ET  Reply   Untrace   Trace   Private Reply  


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