What Nifong Knows

District Attorney Mike Nifong knows that Reade Seligmann is innocent.

It defies reason to assume that Mr. Nifong does not know that Reade Seligmann is innocent of the charges he has brought against him. Once upon a time, Mr. Nifong stated that he knew more about the case than the defense would ever know.

"According to [Butch] Williams, when the lawyers got into exculpatory evidence, like the photos, Nifong essentially cut them off, saying that he knew much more about the case than they would ever know, and that he intended to indict two players."- Newsweek

His withholding of discovery indicates that he intends to keep it that way. He knows more about this case than anyone else because he has hijacked and re-invented it. Among the many things about the case that he knows: Reade Seligmann is innocent.

Mr. Nifong knows that Mr. Seligmann is innocent, and yet he persists with his persecution. We believe that Mr. Nifong’s knowledge of Seligmann’s innocence stems from the same source as our certainty. Surely, Mr. Nifong knows what we know and then some.

Mr. Nifong knows that the accuser alleges that the “rape” occurred shortly before she left 610 N. Buchanan, and he knows that she left the house in Kim Roberts’ car moments before the 911 call, that he pretended to not know the source of. He knows this 911 call was made at 12:53AM on March 14, 2006. He knows that Mr. Seligmann had left the house at least 34 minutes prior to this time. Even if, in some self-delusional way, Mr. Nifong believes in hoaxes, he knows that this fictional rape was not committed, nor aided, nor abetted more than 34 minutes before the 911 call. He knows that the non-event did not commence 34 minutes prior to the “to my knowledge not” 911 call.

Mr. Nifong knows that the accuser’s false allegations included the description of her items being taken from her in the course of the alleged assault. He knows that included among the items she claimed taken from her were her cell phone and her purse. He knows this well enough that he intends to use their recovery from 610 as “evidence” to corroborate her story. He knows that the accuser claimed that these items were taken from her by the alleged attackers. He knows that these items were in her possession well after Mr. Seligmann left the house.

Mr. Nifong's ability to reason is no worse than ours. Using that ability to reason, he knows that if she made a cell phone call to her escort service at 12:26 AM then 12:26 AM cannot possibly be after the cell phone was “taken” from her. He knows this indicates that the alleged rape could have only occurred after 12:26 AM. (If he was not afraid to, he could also figure out why she was calling her escort service at 12:26AM.) He knows that at 12:24 AM Mr. Seligmann was photographed by a Wachovia Bank ATM. He knows that the ATM is a five minute taxi ride away from the scene of the hoax. He knows that the ATM photo has been verified as accurate. He knows that Mr. Seligmann did not return to 610 Buchanan that night.

Mr. Nifong knows that the accuser was photographed at 12:30 AM with her purse in her possession, and a smile on her face. He knows this indicates that the non-event could only have occurred after 12:30 AM. He knows that at 12:30 AM Mr. Seligmann was in a taxi with Robert Wellington and Elmo. He knows that Reade was in that taxi until being dropped of at his dorm at 12:46 AM. He knows that if an alleged rape “occurred” after 12:30 AM at 610 Buchanan, it could not have been committed by a person who was not at 610 Buchanan after 12:30 AM. He knows that Mr. Seligmann was not at 610 Buchanan after 12:30 AM.

Mr. Nifong knows from the accuser’s cell phone records that she did not arrived at the house until 11:39 PM at the absolute earliest. Despite this knowledge, DA Nifong insists the rape may have occurred nine minutes before her earliest possible arrival. He knows that it could not have occurred when she was not at 610 Buchanan, yet insists that it might have. Mr. Nifong also knows that the “rape” is not alleged to have occurred immediately upon her arrival. He knows that it is not possible nor alleged that she was pounced upon as she stepped out of Brian Taylor’s car. By offering a time frame that precedes and includes her arrival, he insists, despite his knowledge to the contrary, that it might have.

Mr. Nifong knows (from neighbor Jason Bissey’s and "outcry" witness Kim Roberts’ statements) that prior to the non-event several real events occurred, each of which consumed time. He knows that the total time consumed by these events excludes Reade Seligmann as a possible participant. Among the real events that Mr. Nifong knows precede the invented rape are:

• The accuser arrives at 610 Buchanan.
• The two women [Kim and the accuser] briefly spoke with one of the men who was in the back yard.
• Another young man spoke briefly with the two women just outside the back door of 610, and then proceeded indoors.
• At this point no one was outside of 610 besides the two young women.
• A very brief conversation between the two women ensued.
• Twice that I [Bissey] noticed during this conversation, a man or two different men opened the back door of 610 and spoke to the women.
• The more conservatively dressed woman [Kim] responded both times something to the effect that they would "be right there," or "just give us a minute."
• The accuser went inside to collect her money.
• The accuser showed Ms. Roberts her money.
• The women enter 610 together.
• The women went into the bathroom to change clothes.
• The women conversed about their plan for the dance and about the accuser’s children.
• While they were in the bathroom, there was a knock on the door.
• They were handed two drinks of equal amounts.
• They did sip the drinks.
• The accuser’s cup fell into the sink.
• They finished getting dressed.
• They proceeded to the living room.
• They performed in front of the audience until 12:04 AM.

Mr. Nifong knows that the rape is not alleged to have occurred until well after the dance was concluded at 12:04 AM. Mr. Nifong knows that by 12:05 AM, Mr. Seligmann was on his cell phone with his girlfriend and others. Mr. Nifong knows that Reade was using that cell phone almost continually from 12:05 AM until he left the house. Mr. Nifong knows that it is not alleged that Mr. Seligmann was using his cell phone while committing, or aiding, or abetting an alleged rape.

Certainly, Mr. Nifong has knowledge that the “rape” is not alleged to have occurred prior to the dance, nor immediately after the dance ended at 12:04 AM. He knows also that after performing, the women adjourned, together, to the bathroom where they remained for some amount of time. He knows that neither the accuser nor anyone else alleges that the “attack” occurred before the dancers have both first exited the bathroom and then exited the house.

Mr. Nifong has read by now, Kim Roberts’ statement to the police:

“I went to the bathroom with Precious and I told her I wanted to leave. Precious felt we could get more money and that we shouldn't leave yet. She was uncontrollable at this point and was yelling at the boys who were knocking on the door to leave us alone. I finally decided to leave the house. I left the bathroom, grabbed my bag and exited the house with my dancing gear on.”

Regardless of what value Mr. Nifong places on the veracity of all of Ms. Roberts’ words of what transpired in the bathroom, her account of entering the bathroom with the accuser after the dance ended, and then exiting the house is confirmed by the descriptions given by the players. Furthermore, the accuser herself claimed (in her April 6th written statement to the police) she exited the house with Kim Roberts after the dance ended, and went to Kim’s car.

Even if Mr. Nifong has not yet read our post from the other day, all accounts of the allegation describe the alleged rape as having occurred not only after the conclusion of the dance, but also after the dancers have exited the house and then returned to the house. Additionally, multiple statements [Himan’s several affidavits, the accuser’s written police statement, Ms. Roberts written statement, Bissey’s written statement] indicate that a conversation took place at Ms. Roberts’ car prior to the alleged re-entry to the house that preceded the alleged assault. Regardless of the nature of this conversation, whether it was meaningless or whether it was, as Himan indicates the accuser stated, an apology and coaxing, the conversation had to take time.

As with each of the other events that are known to have preceded the alleged rape, Mr. Nifong knows that the actual events that occurred after the dance ended at 12:04 AM consumed time, the total of which erases any possibility that Reade Seligmann is anything but innocent. He knows the rape is alleged to have “occurred” well after 12:04 AM. He knows that it could only have occurred well after 12:04 AM by the amount of time it would take for the following to transpire:

• Dancers exit the room in which they performed.
• Dancers enter the bathroom.-Dancers stay in the bathroom.
• Kim Roberts exits the bathroom and then leaves the house.
• The accuser leaves the bathroom and then exits the house.
• The women enter the car.
• Kim Roberts changes out of her dancing gear and into her clothes.
• One or more young men converse with the women.
• The accuser attempts to reenter the house in search of her shoe.
• Kim Roberts reenters the house.

Knowing that the rape is not alleged to have occurred until after each of these events have concluded, and knowing that none of them could have commenced prior to 12:04 AM, Mr. Nifong insists that the assault may have begun 34 minutes before the preceding activities began. He knows this is not possible.

Mr. Nifong also knows that Mr. Seligmann’s first post-dance phone call was made at 12:05 AM, and there is no physically possible way that the 10 listed events could be completed between 12:04 AM and 12:05 AM. He knows too that Mr. Seligmann used his cell phone at 12:06, 12:07, 12:09, 12:09, 12:10, 12:12, 12:13, 12:14 and 12:16 AM. He knows that there is no gap between any of those phone calls long enough for a 5 -10 minute rape to have been committed, aided or abetted even if, however unfathomable it might be, all of the post-dance / pre-alleged rape events could have taken place by the conclusion of any of those calls.

Mr. Nifong also knows that by 12:19 AM, Mr. Seligmann was in a taxi that picked him up at a location that required time to walk to. Mr. Nifong knows that from 12:16 AM until 12:19 AM there is no physically possible way for Mr. Seligmann to have had the time to participate in a 5 to 10 minute assault.

Mr. Nifong knows several times over, by way of several proofs, that his persecution of Reade Seligmann defies truth, evidence, and the ethics of his profession. Mike Nifong knows that Reade Seligmann is innocent. While the indictment of Mr. Seligmann appears to have been initiated by a false accusation, instigated by a contrived identification, and motivated by personal and political ambition, it continues based on willful disregard for justice and continued political necessity.

Mr. Nifong knows that Reade Selgiman is innocent.