Duke Hoax Hearing

At first glance, it appears the lengthy September 22nd Duke Hoax hearing further demonstrates DA Mike Nifong’s reluctance to offer any straightforward description of the details behind the charges he has brought against the Duke Three. Nifong’s prosecution by deception continues as he again offers the impression that he prefers to keep his options open as to what is alleged to have happened, where it may have happened, when it supposedly happened, and how it is imagined it happened. DA Nifong also further reveals his willingness to contradict his complaining witness in order to prolong this farce. In a persecution apparently intent on bending anything that needs to conform to known facts, evidence and witnesses’ statements, Mr. Nifong contends that the 30 minute imaginary rape is now a 5-10 minute dream that may have occurred anytime over the course of an hour and a half, that not surprisingly precedes the accuser‘s arrival and postdates her departure, and that includes undefined objects or body parts.

Among the highlights of today’s hearing:

• Judge Smith declined the motion for the Bill of Particulars.
• Judge Smith granted the motion to modify Judge Titus’s 3.6 order, apparently adding all applicable provisions of the NC Rules of Professional Conduct, and subtracting all persons who are not lawyers, their employees or law enforcement.
• Judge Smith ordered that known outstanding discovery must be turned over to the defense by October 20th, including the underlying data from DNA Securities and the results of the examination of the lacrosse players’ computers and telephone records.
• DA Nifong stated that on April 11th when he met with Sergeant Gottlieb and the accuser, they did not discuss the facts of the case.
• Sergeant Gottlieb’s missing timeline only covered the period between March 14th and March 16th, and the only written evidence Mr. Nifong provided were notes of what was said at a City Council meeting.
• DA Nifong stated that he gave only 15-20 media interviews regarding the Hoax, contradicting his previous estimation that he gave 50-70 interviews, consuming 40 hours of time. News and Observer
• A Consent Protective Order was filed by all defense attorneys and agreed to by Nifong, regarding the accuser's medical records, notes, interviews, etc.
• Nifong backed down from the request put forth in his survey motion that all the defense attorneys be deposed as to their knowledge of the survey of three hundred people. Defense attorneys maintained that Nifong had been informed of this survey in advance. News and Observer. Following an impassioned presentation of the facts concerning the survey by Collin Finnerty’s attorney, Wade Smith, Nifong stated, “I don't know of an attorney in North Carolina that would question Wade Smith's integrity,” while acceding to the defense request that Judge Smith review the survey details in camera.

From a LieStoppers’ perspective, the "highlight" of the Duke Hoax hearing came with the announcement by the prosecution that the recordings of all Durham Police Department radio calls for March 13th and 14th had been destroyed. It seems Durham Police Department tape use policy calls for tapes to be reused after 60 days. So, even though tapes were requested in April 28th motion by the defense, and ordered by Judge Stephens on May18th, the prosecution now maintains that the tapes were destroyed on or after May 13th, just five days or less before Judge Stephens’ order. Yep, we believe that! The defense indicated that they could call all the officers to testify as to their recollection of those radio calls. This was met with the assertion that the police could not be expected to recall their radio communication with accuracy at such a late date. LieStoppers can only wish that all police officers had the same “amazing” memory and recall powers as Sergeant Gottlieb does!