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Plaintiffs’ Response to Nifong’s Motion to Dismiss
Topic Started: Jan 31 2009, 12:32 AM (8,069 Views)
sceptical

Anyone have any idea when Judge Beaty will rule on the motions to dismiss, now that Nifong replied and the plaintiffs responded in the Evans case?

Any guesses when discovery will start-- this year or 2010?
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chatham
Jan 31 2009, 04:52 PM
There were more than just Kim and Elmo who were offered deals and harassed. There were cops that wanted to talk saying something was wrong. We never heard from them and some of them got promotions later on for their silence. Some sweet deals came to some of the early cop players who also got promotions for putting out the wanted posters from crime stoppers and others who allowed the frame to continue. Shelton got harassed.
.
Think about this, Himan -- after getting caught as the lead detective who swore to false affidavits, left the descriptions of the suspects out of his report, intimidated witnesses, was part of an infamous investigation where evidence was fabricated, and where innocent students were pursued for over a year -- calls Shelton out as an unprofessional officer!

That's really incredible.

Shelton stood steadfast - even when the cable shows pondered how Nifong was going to go after him viciously on the stand. Even when false information was leaked to the media about him. Even when the Mayor of the City and the Manager of the City took a stand against what he had witnessed and determined.

.
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sdsgo

sceptical
Jan 31 2009, 09:23 PM
Anyone have any idea when Judge Beaty will rule on the motions to dismiss, now that Nifong replied and the plaintiffs responded in the Evans case?

Any guesses when discovery will start-- this year or 2010?
Nifong has ten days to reply, and then I would expect Judge Beaty to rule on the motions in about sixty days. He’s had all the substantive motions for several months now. After that it all depends on appeals.
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Bill Anderson
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I need to let all Blog Hooligans know that the newspaper in Pittsburgh refused to run an investigative piece on the hiring of Ben Himan. It is time personally to go to war with this guy, and with the town that hired this rogue cop. I have held back, but no longer. I hate lying cops; they make the good cops look bad, and there are lots of good cops in this country who should not have to work with scum like Mark Gottlieb and others like him.

:bill:
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MikeZPU

Bill Anderson
Jan 31 2009, 10:32 PM
I need to let all Blog Hooligans know that the newspaper in Pittsburgh refused to run an investigative piece on the hiring of Ben Himan. It is time personally to go to war with this guy, and with the town that hired this rogue cop. I have held back, but no longer. I hate lying cops; they make the good cops look bad, and there are lots of good cops in this country who should not have to work with scum like Mark Gottlieb and others like him.

:bill:
One can just imagine how much Himan sugar-coated his involvement in the frame,
but all that police department had to do was read Himan's own notes: they're pretty damning.

There was a poster here a while back who ran into Clayton as part of jury selection
for a case that I think involved Clayton somehow. It was disgusting to hear the story
of Clayton trying to befriend the guy (the poster here) and totally sugar-coating his
involvement in the frame.

Then Baldo reminded us all of what a pychopathic jerk Clayton was when the DPD
first searched 610 N. Buchanan Blvd, playing mind games and all kinds of crap.

I remember one comment in particular that Clayton told the poster here, truly in line
with the ramblings of a psychopath: "It used to be fun being a cop in Durham, but not anymore."
Interpretation: "it used to be fun when we could do things like terrorize Duke
students at will without any repercussions. Ahhh -- those were the days."

Clayton even lamented "Now you have to have all your DNA evidence lined up before
you can even charge someone with rape." Excuse me? That's a bad thing?

Himan should NOT be a policeman -- period. Clayton should not be a cop either.
Edited by MikeZPU, Feb 1 2009, 12:13 AM.
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sdsgo

The easy answer to your comment would simply be to say Gottlieb retired, Himan left town, Clayton was passed over for promotion, and Sgt. Shelton is now a lieutenant. Maybe we could force Durham to fire Clayton, and pressure the Pittsburg PD into firing Himan. But nothing would really change. New people would quickly step into their vacant shoes. Then a year, maybe two years down the road we would be right back to square one.

After almost three years we’re on the verge on a real solution – a legal solution. The three civil cases may shrink a bit, but they’re not going to get dismissed. And, in the not too distant future, everyone’s individual actions will be examined under a microscope. All the facts will be examined, not just the select few which have been published on the web. Abb can rest easy; Michael Seigel can never write the definitive legal text on the Duke Lacrosse case, that job belongs to Judge Beaty and the Fourth Circuit Court of Appeals. Seigel can only comment.

Do you hear the grasshopper that is at your feet?


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sceptical

The wheels of just go slowly...

Evans et al was filed October 5, 2007

McFadyen et al was filed December 18, 2007

Carrington et al was filed February 21, 2008
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Baldo
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Yep, but the wheels are moving and they have mass. I remember hearing through the scuttlebutt channel the City of Durham was presented during the pre-filing settlement phase a list of potential depositions. It was a long long list, something like 70-80 individuals.

How nice it was of Durham to open the Durham Performing Arts Center in November. A perfect place to hold the depositions. I am sure we will see some great performances.

How many weeks "running" will it be?

Edited by Baldo, Feb 1 2009, 11:55 AM.
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Quasimodo

sceptical
Feb 1 2009, 10:21 AM
The wheels of just go slowly...

Evans et al was filed October 5, 2007

McFadyen et al was filed December 18, 2007

Carrington et al was filed February 21, 2008
However, we now have two SCOTUS decisions which are not at all helpful to the city/university defendants.

Had Nifong not filed for bankruptcy, the case would not have been delayed a year, and perhaps would not have had the benefit of that kind of clear guidance from the Supremes.
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MikeZPU

Lodge Pro 345
Jan 31 2009, 06:35 PM
.
Himan admits that he knew Crystal or Kim was lying in the first days of the case. Yet, they were happy to give Kim a deal to be a prosecution witness.



Posted Image

Posted Image
Yes! Himan is a cop; supposedly he has training and the ability
to reason logically, maybe.

So, who do you believe? Kim, whose story basically matches the
team captains' version of events, and has no reason to lie. Or Mangum:
whose version of events is so wild that it goes well beyond the limits of
believability, who stole a cab and almost ran down a fellow police officer just a
few years earlier, who filed a gang rape claim previously, who admits
to drinking a 24 oz bottle of beer before she arrived at the party, and
who he should have determined was taking various drugs at the same time.

As Prof Anderson says, Himan is a lying cop.
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MikeZPU

Quasimodo
Feb 1 2009, 12:26 PM
sceptical
Feb 1 2009, 10:21 AM
The wheels of just go slowly...

Evans et al was filed October 5, 2007

McFadyen et al was filed December 18, 2007

Carrington et al was filed February 21, 2008
However, we now have two SCOTUS decisions which are not at all helpful to the city/university defendants.

Had Nifong not filed for bankruptcy, the case would not have been delayed a year, and perhaps would not have had the benefit of that kind of clear guidance from the Supremes.
Quasi: very good points! (as always! :) )
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sdsgo
Feb 1 2009, 02:20 AM
Gottlieb retired, Himan left town, Clayton was passed over for promotion, and Sgt. Shelton is now a lieutenant.
.
Remember, too, David Addison was promoted. He lied and his office lied.

He kept the media fed with lies.

.

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Bill Anderson
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Lodge Pro 345
Jan 31 2009, 09:24 PM
chatham
Jan 31 2009, 04:52 PM
There were more than just Kim and Elmo who were offered deals and harassed. There were cops that wanted to talk saying something was wrong. We never heard from them and some of them got promotions later on for their silence. Some sweet deals came to some of the early cop players who also got promotions for putting out the wanted posters from crime stoppers and others who allowed the frame to continue. Shelton got harassed.
.
Think about this, Himan -- after getting caught as the lead detective who swore to false affidavits, left the descriptions of the suspects out of his report, intimidated witnesses, was part of an infamous investigation where evidence was fabricated, and where innocent students were pursued for over a year -- calls Shelton out as an unprofessional officer!

That's really incredible.

Shelton stood steadfast - even when the cable shows pondered how Nifong was going to go after him viciously on the stand. Even when false information was leaked to the media about him. Even when the Mayor of the City and the Manager of the City took a stand against what he had witnessed and determined.

.
And don't forget that infamous sham Bowen-Chambers Report that declared that a Duke cop "thought" he overheard the "20-men-raped-Crystal" claim. Shelton is a hero, an honest cop in a sea of crooks.

:bill:
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Quasimodo

Lodge Pro 345
Feb 1 2009, 06:24 PM

Remember, too, David Addison was promoted. He lied and his office lied.

He kept the media fed with lies.

.

If a presidential press spokesman (or a spokesman for the State Dept., or any other governmental entity) gave out as much wrong info as Addison did, the press would eat him alive and no one would credit his reports in the future; he would have to be replaced.

Has the Durham press criticized Addison?

Does the Durham press ever criticize its local government spokesmen?

Does it just accept whatever its government puts out (as it did with the DNA turnaround by Nifong)?

Has it to this day asked its government and DPD what they knew about the lax frame and when they knew it?

Are these questions somehow out of bounds for the Durham media?

The Illinois press is going after their former governor; the Detroit press is going after their city government. And the Durham press is ... (covering up for their government? JMOO)
Edited by Quasimodo, Feb 1 2009, 09:24 PM.
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darby

MikeZPU
Feb 1 2009, 12:30 PM

So, who do you believe? Kim, whose story basically matches the
team captains' version of events, and has no reason to lie. Or Mangum:
whose version of events is so wild that it goes well beyond the limits of
believability, who stole a cab and almost ran down a fellow police officer just a
few years earlier, who filed a gang rape claim previously, who admits
to drinking a 24 oz bottle of beer before she arrived at the party, and
who he should have determined was taking various drugs at the same time.

As Prof Anderson says, Himan is a lying cop.
Kim really does change her story, several times... If not to the cops at least to the media...

Duke Case: Kim Roberts version 6.0

Hat Tip: The Johnsville News
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