| Why a Bill of Particulars is important; it would have ended the case | |
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| Tweet Topic Started: Nov 10 2010, 08:23 PM (148 Views) | |
| Quasimodo | Nov 10 2010, 08:23 PM Post #1 |
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June 21, 2006 Now Comes the Defendant Reade William Seligmann, through counsel [Kirk Osborn] , and respectfully moves.....the Court to issue an Order directing the State to file and serve a Bill of Particulars setting forth factual information pertaining to charges herein upon the grounds that the Defendant cannot adequately prepare or conduct his defense without the information requested herein: The Defendant has carefully reviewed this entire discovery which consists mainly of extraneous, irrelevant material. None of the discovery shows that any crime occurred. In fact it shows that the accuser Crystal Mangum even stated no rape occurred, and gave approximately one dozen conflicting statements, including one story were she alleged her co-worker robbed her of $2000.00. The discovery provides no account of which story is going to be presented as the "true story" or how any crime even occurred given the number of established facts which contradict every one of Ms. Mangum's stories (except of the true story that she was not raped) With so many different stories floating through the discovery and elsewhere, and with Mr.Nifong having to bolster his reputation which he damaged with premature public statements. It is essential for Reade Seligmann to have a forecast of exactly which of the many stories Mr. Nifong, on behalf of the State and in his own self-interest, will use in his attempt to falsely prosecute the Defendant.. The defense respectfully request, at a minimum the following items of factual information pertaining to the charges herein upon the grounds that Reade Seligmann cannot adequately prepare or conduct his defense without the herein requested information. 1. Exactly where, when, at what time, and how does the State contend the Defendant committed a first degree rape? 2. Exactly how does the State contend the alleged rape was committed with another person by force and against the will of the accuser, and who was this person or these persons.? 3. Was a dangerous or deadly weapon or an article used during the alleged rape, which the accuser reasonably believed to be a dangerous or deadly weapon employed and/or displayed; and if so, by whom was it displayed or employed? 4. Was a serious personal injury inflicted up the accuser or another person during the alleged rape; and if so who inflicted this injury? 5. Was the alleged first degree rape committed by someone aided and abetted by one or more other persons; and if so, who was this person or these persons who aided and abetted, and exactly how did such person aid and abet? 6. The factual information which is the basis for the state's allegations of a first degree rape. 7. Exactly where, when and how the state contends the defendant committed a first degree sexual offense, and a specific description of the exact sexual offense? 8. Was the alleged first degree sexual offense committed with another person by force and against the will of the complaining witness? 9. Was a dangerous or deadly weapon or an article used during the alleged sexual offense which the accuser reasonably believed to be a dangerous or deadly weapon employed and/or displayed; and if so, by whom was it displayed or employed? 10. Was serious personal injury inflicted upon the accuser or another person during the alleged sexual offense; if so who inflicted this injury? 11. Was the alleged first degree sexual offense committed by someone aided and abetted by one or more other persons; and if so who was were the person(s) who aided and abetted, and exactly how did such person or persons aid or abet? 12. The factual information which is the basis for the state's allegations of a first degree sexual offense. 13. In regard to the first degree kidnapping charge, how does the state contend the accuser witness was unlawfully confined, restrained, or removed from one place to another? 14. Was the alleged confinement, restraint or removal for the purpose of holding the accuser for ransom or as a hostage or using such person as a shield; or facilitating the commission of any felony or facilitating flight of any person following the commission of a felony? 15.Was the alleged kidnapping to do serious bodily harm to or terrorize the person so confined, restrained or removed or any other person? 16. Was the alleged kidnapping to hold the complaining witness in involuntary servitude in violation of G.S. 14-43.2? 17. Was the person kidnapped released in a safe place or was the complaining witness seriously injured or sexually assaulted? 18. The factual information which is the basis for such allegations regarding the first degree kidnapping. 19. A detailed statement of the factual information upon which the State will rely to prove each of the elements of each charge in each indictment. 20 The names, addresses, telephone numbers and current occupations of each witness the prosecution expects to cal to establish each of the elements of each circumstances listed in the answer to paragraphs above, along with a statement of the expected testimony of each witness. 21. A copy of any statement obtained from witnesses regarding any charge or element of any charge in this case. 22. Any information in the prosecution's files or known to the prosecution or which with the exercise of reasonable diligence could become known to the prosecution which establishes or might tend to establish the existence of any element of any of the alleged charges. |
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| Quasimodo | Nov 10 2010, 08:24 PM Post #2 |
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| Quasimodo | Nov 10 2010, 08:29 PM Post #3 |
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(This is JUNE 27, long after the DNA results and much more was known... and for the sake of good TV (I assume) some of these "experts" were still willing to treat this as a "game" and stand in support of Nifong's continuing prosecution...) (MOO) |
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| Quasimodo | Nov 10 2010, 08:34 PM Post #4 |
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| Quasimodo | Nov 10 2010, 09:22 PM Post #5 |
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http://www.msnbc.msn.com/id/13155279/ The Abrams Report’ for June 5 (snip) ABRAMS: They’re role models at the university? BONDI: ... you know what I think... ABRAMS: Everyone’s blowing this out of proportion as if the lacrosse team are somehow heroes on the campus. I mean I went to Duke and the bottom line is I can tell you lacrosse players don’t walk around campus as heroes. They walk around as every other students do. (snip) ABRAMS: Wait. You presume she was raped, right? GOSLEE: Yes, yes. ABRAMS: OK. So, therefore, you’re presuming that she’s telling the truth about what happened. GOSLEE: I presume that she was raped. ABRAMS: By somebody. GOSLEE: By somebody, yes. ABRAMS: And that’s based on — even though we learned recently from the medical report that there was no vaginal or anal tearing. GOSLEE: No, that was the defense’s spin... ABRAMS: No, that’s the discovery. That’s a fact. GOSLEE: Well, let me ask you this then. Let me ask you, Dan, if she — if there were no vaginal tears, what was the basis of the indictment for the original medical examination... ABRAMS: That’s a great... (snip) ABRAMS: That was her [Levicy's] assessment. But now we learn it really wasn’t as bad as we thought it was going to be in terms of the medical report. GOSLEE: Well I don’t believe that. I don’t believe that. ABRAMS: All right. So you think... GOSLEE: Because that’s still the defense’s spin. ABRAMS: Wait. It’s a defense spin that the medical report just says that there was no tearing. GOSLEE: Well, there must have been some really significant... ABRAMS: I know. Everyone wants to believe that. I know it. I know it, Georgia... GOSLEE: I don’t want to believe anything... ABRAMS: I know you and the rest of the people... GOSLEE: Nifong would not have indicted... ABRAMS: ... want to get these guys, want to believe... GOSLEE: ... these guys, Dan... ABRAMS: ... that there’s something else out there. GOSLEE: Listen. No, he would not... ABRAMS: You’re praying there’s something else out there. GOSLEE: ... have indicted these guys. He’s not a neophyte prosecutor. (snip) |
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