sceptical

Jun 2 2008, 09:37 PM

The plaintiffs (the LAX players) are after more than just money-- they want full disclosure, accountability and responsibility. The key to their suits is to obtain the widest possible discovery.

The defendants (Duke, Durham, the police) want to limit discovery because disclosure will reveal that the attempted frame-up was even worse than we believed.

The extent and pace of discovery will be a major battleground in this case. This motion is the first salvo in the battle over discovery.

RighteousThug

Jun 2 2008, 01:22 PM

Tidbits

Jun 2 2008, 01:01 PM

One more indication that, of the defendants Wilson has the best lawyer. See ft 1, page 4

Thought it was interesting that Linwood's lawyer counseled him to confer w/ the plaintiffs.

That's got to cause some sphincters to pucker.

sceptical

Jun 2 2008, 09:37 PM

The plaintiffs (the LAX players) are after more than just money-- they want full disclosure, accountability and responsibility. The key to their suits is to obtain the widest possible discovery.

The defendants (Duke, Durham, the police) want to limit discovery because disclosure will reveal that the attempted frame-up was even worse than we believed.

The extent and pace of discovery will be a major battleground in this case. This motion is the first salvo in the battle over discovery.

sceptical

Jun 2 2008, 09:37 PM

The plaintiffs (the LAX players) are after more than just money-- they want full disclosure, accountability and responsibility. The key to their suits is to obtain the widest possible discovery.

The defendants (Duke, Durham, the police) want to limit discovery because disclosure will reveal that the attempted frame-up was even worse than we believed.

The extent and pace of discovery will be a major battleground in this case. This motion is the first salvo in the battle over discovery.

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Official or unofficial meetings of mayors, city managers, police, and representatives of Duke university are to be considdered public meetings and should have notes, recordings and minutes available for public scrutiny upon request.

If there are none to be turned over, we will assume they are destroyed and what the plalntiff's present in the civil suit concerning the defendants to be true.

Quote:

 

City Manager Baker is an attorney and there is a possibility that attorneys from Duke were present. Attorneys keep notes.

Everyone at that meeting is at risk for Spoliation.

Discovery will be interesting.

Quasimodo

Jun 3 2008, 01:27 PM

Quote:

 

Official or unofficial meetings of mayors, city managers, police, and representatives of Duke university are to be considdered public meetings and should have notes, recordings and minutes available for public scrutiny upon request.

If there are none to be turned over, we will assume they are destroyed and what the plalntiff's present in the civil suit concerning the defendants to be true.

Amen and amen. If the Open Records laws are to have any meaning, they must apply to the above.

I'm surprised (actually, considering this is Durham, I'm not really surprised) that the media have not been pounding the door demanding these types of records.

It really makes them look like they are in the defendants' corner all the way--they are not just neutral entities trying to get at the truth.

Where are the TV stations, the radio stations, the print outlets? Why aren't they making requests for this type of material? This is the biggest story of the decade in Durham; and it's going to be around for a long, long time and impact every Durhamite. And the media, having once led the cheering section, now act uninterested?

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City Manager Baker is an attorney and there is a possibility that attorneys from Duke were present. Attorneys keep notes.

Everyone at that meeting is at risk for Spoliation.

Discovery will be interesting.

Yep. I think the same of DNASI. I do not find it likely nor logical that no one at DNASI kept any notes.

Or that Gottlieg and Himan did not keep any notes.

chatham

Jun 3 2008, 10:09 AM

sceptical

Jun 2 2008, 09:37 PM

The plaintiffs (the LAX players) are after more than just money-- they want full disclosure, accountability and responsibility. The key to their suits is to obtain the widest possible discovery.

The defendants (Duke, Durham, the police) want to limit discovery because disclosure will reveal that the attempted frame-up was even worse than we believed.

The extent and pace of discovery will be a major battleground in this case. This motion is the first salvo in the battle over discovery.

I want to notes, recordings and minutes of ALL the meetings that took place between Durham and Duke administrators early on in this case. I also want all the notes, recordings and minutes of any phone conference calls that took place early on in this case. I also want any notes, recordings and minutes of any meetings when administrators met to discuss the LAX case in person with those on a phone or conference call.

Official or unofficial meetings of mayors, city managers, police, and representatives of Duke university are to be considdered public meetings and should have notes, recordings and minutes available for public scrutiny upon request.

If there are none to be turned over, we will assume they are destroyed and what the plalntiff's present in the civil suit concerning the defendants to be true.

Quote:

 

I thought the definition of a public meeting (in NC) was a meeting of the majority of the members of a public body (i.e. council, board, commission, etc.) or something like that. If I'm right, would any of the meetings of the various parties (i.e. DPD, Duke PD, City Mgr, COP, Mayor, Duke officials, etc.) have constituted a public meeting (thus requiring a public record of the meeting)?

Quasimodo

Jun 4 2008, 07:40 PM

Any communications between the DPD and a city official would not be considered part of investigative work of the police, but a 'report' to a city official; and so is a public record.

It would be absurd to think that the DPD, or any DPD officer, would communicate a report
on the status of an investigation to a public official, and not keep a copy or notes specifying
what he said. And that the public official would also likewise not keep notes and a written
memorandum of what was said to him (if the report was oral).

This was the biggest case in Durham's history, it had the attention of the national media,
there were satellite trucks parked all over town, and it seems like nobody in Durham now
knows anything at all about who did what.

The DPD is a CALEA certified organization, and one of the requirements to be CALEA certified
is to keep accurate notes and reports and be organized along a strict chain of command
with specific areas of responsibility.

The DPD didn't keep any notes or memorandum and doesn't know who talked to whom, or
what was said; and has no chain of command higher than Gottlieb?

I again have to wonder why the local media have not besieged the city to get these records.

(Maybe they just don't want to get at the truth. . .?)

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What constitutes a 'report' to a city official? They met, discussed the situation/case/hoax -- all would have had input not just DPD.

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Based on the 'reports' turned over by DPD in discovery its obvious they'll claim no notes were taken.