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Depositions, depositions...; what to expect next?
Topic Started: Apr 8 2011, 01:23 PM (4,289 Views)
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Here's a thread from last year on Covington's death.

Covington's response; what we'll never know now
http://s1.zetaboards.com/Liestoppers_meeting/topic/3237823/1/
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chatham
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Apr 10 2011, 01:50 PM
From the Medical Examiner's report on Covington's death, dated 2/5/10. Date/time of death was reported at 10:20 PM, 2/2/10.

"The decedent was a 59 year-old male who reportedly had an argument with his wife and walked out of the residence. His wife later (10-15 minutes) came outside to walk the dog and found him lying in the snow. He has a single contact GSW to his right head. A .380 handgun was found at his feet. He has a history of depression and was taking Wellbutrin. Per discussion with police there is no suspicion of foul play. The bullet remains within his head certified by plain film."

I can't make out who signed it.

Office of the Chief Medical Examiner Toxicology Folder: T201000862
Chapel Hill, NC 27599-7580 Case Folder: F201001319
Date of Report: 17-feb-2010

DECEDENT: John Wesley Covington

Status of Report: Approved
Report Electronically Approved By: Douglas Smith, MS

S100002025: 6.0 ml Blood CONDITION: Postmortem
SOURCE: Subclavian Vessel OBTAINED: 03-feb-2010

Ethanol -------- 200 mg/dL 02/17/2010
hmmmm. Must have been some gun powder residue on his head and hands. He must have been far enough away from his wife and neighbors that no one heard a shot.
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chatham
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from fact checker

Historical note: on April 11, 2007, North Carolina Attorney General Cooper declared the three Duke lacrosse players "innocent."
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jmoo

I just listened to the 7 hour deposition of Brad Cooper who is currently on trial in Wake County for the murder of his wife. He was deposed prior to a custody hearing and prior to his arrest for murder. I was surprised at the questions that were allowed and answered. Thanks Walt for the explanation ... it does seem as if anything goes. Cooper's attorney objected many (many) times and then instructed him to answer the question. I believe, based on the lawyer's comments that a judge can later decide not to allow certain portions of the deposition at trial but, in the meantime the opposing side gets all sorts of good info.

It would be great to hear what Sgt Shelton knows. I think I've read that a party to an action doesn't have to be subpoenaed to a deposition but someone that is not a party does. Could/would Shelton voluntarily offer a statement or require a subpoena? Would he be smart to request a subpoena (to protect his job)?

WRAL published the video of Brad Cooper's deposition... will the public have access to the depositions in the LAX cases?

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sdsgo

I just watched the new Upstairs Downstairs on PBS Masterpiece Theater. Great show! The wife and I used to cuddle on the couch and watch the original series back in the early 70’s. You know, great drama is all about the search for truth. It helps us better understand the important events of our lives and how those events impact the people around us.

Discovery should be no less engaging.
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Walt-in-Durham

jmoo
Apr 10 2011, 09:26 PM
It would be great to hear what Sgt Shelton knows. I think I've read that a party to an action doesn't have to be subpoenaed to a deposition but someone that is not a party does. Could/would Shelton voluntarily offer a statement or require a subpoena? Would he be smart to request a subpoena (to protect his job)?

Parties can be deposed simply on notice. Non-parties can be deposed the same way, but they don't have to attend unless subpoenaed and if they are tendered mileage and the statutory witness fee.

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WRAL published the video of Brad Cooper's deposition... will the public have access to the depositions in the LAX cases?


Normally depositions in civil cases are not "published" or filed unless someone is going to make use of a portion or all the deposition. I do not expect the lacrosse litigation depositions to be filed in court.

Walt-in-Durham
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Kerri P.
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I don't know if this has already been asked and answered.

This is for the lawyers on the board.

Can the depositions that were taken for Nifong's disbarment be used by the lax players and their families during the civil cases?

If they can be used by the players and family can they be used against the defendants if they try and change their stories?
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Kerri P.
Apr 15 2011, 07:23 PM
I don't know if this has already been asked and answered.

This is for the lawyers on the board.

Can the depositions that were taken for Nifong's disbarment be used by the lax players and their families during the civil cases?

If they can be used by the players and family can they be used against the defendants if they try and change their stories?
I ain't a lawyer, but I suggest yes they can. They represent sworn testimony on the record. Period.
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Walt-in-Durham

Kerri P.
Apr 15 2011, 07:23 PM
I don't know if this has already been asked and answered.

This is for the lawyers on the board.

Can the depositions that were taken for Nifong's disbarment be used by the lax players and their families during the civil cases?

If they can be used by the players and family can they be used against the defendants if they try and change their stories?
Oh yeah. Any prior statement given under oath is available to use for purposes of impeachment.

Walt-in-Durham
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