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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 06:57 PM
Original message
Lacrosse defense witness arrested

Lacrosse defense witness arrested


Cabbie questioned in 2003 incident

DURHAM - A Durham police detective investigating the Duke University lacrosse case arrested an alibi witness Wednesday on a 2 1/2-year-old misdemeanor warrant.
Taxi driver Moezeldin Elmostafa said Investigator R.D. Clayton and another officer asked whether he had anything new to tell them about the rape case before driving him to the Durham County jail. He said no and was held for five hours, until a friend posted his bail on a shoplifting charge.

Ernest Conner, a Greenville lawyer who represents defendant Reade Seligmann, said the cabbie's arrest amounted to intimidation. "It appears to me they are trying to pressure a witness who supports our defendant's rock-solid alibi," Conner said.

Sgt. Mark Gottlieb, the supervisor of the investigation, refused to answer questions Wednesday night.
http://www.newsobserver.com/1185/story/438305.html


Some thing just seems wrong about this
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 06:59 PM
Response to Original message
1. could be. could also be the dick had a warrant outstanding.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:03 PM
Response to Reply #1
4. Sounds like the putz didn't clear the warrant 5 years ago
and 5 hours in a holding cell is nothing. He needs to stop whining and take it like a man, something he should have done 5 years ago.

I hate that so much of this thing is being tried in the press.
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:07 PM
Response to Reply #4
5. timing is just too convienent
Conner said it was highly unusual for police to arrest someone for a misdemeanor more than two years after the crime.


The timing is just too convienent to convince me it is any thing less then harrassment.

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superconnected Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:15 PM
Response to Reply #5
7. Often they wait till they run into the person to arrest them.
Edited on Thu May-11-06 07:16 PM by superconnected
This guys name probably got ran through and they realized he had the warrant.

I know someone that was arrested over 5 years after a warrant wasn't satisfied in Seattle, for some reason the timing really screwed her life up as she had to spend over a week in jail and then get sent to canada-she's from canada. - It was a failure to appear for a traffic ticket, here in the united states. They deported her for it.... It's coming back to me now.
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:58 PM
Response to Reply #7
18. I'm guessing it's not standard procedure to have an "investigator"..
...who is working on a major case waiting to grill the person in question.

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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 08:31 PM
Response to Reply #5
21. I know somebody who was arrested for misdemeanor
Edited on Thu May-11-06 08:32 PM by Warpy
possesion on a warrant he thought he'd cleared up TWENTY YEARS before the rearrest. He wasn't even involved as a witness in anything, some cop who remembered the whole thing saw his name at the MVD.

It happens. It's likely no conspiracy.

The guy's testimony may be shaky, anyway. He'd better have the trip sheet to back it up.
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 09:04 PM
Response to Reply #21
22. Sure it happens all the time. K.O. did a story about some poor.....
....slob who stopped to help an injured motorist and got picked up for a warrant. I think it made "Worst Person."

But how often is the investigator working on a major case waiting to ask about the case?

>>>Investigator R.D. Clayton and another officer asked whether he had anything new to tell them about the rape case before driving him to the Durham County jail<<<

>>Clayton, who is working under Gottlieb on the case, picked up Elmostafa on Wednesday afternoon.

"The detective asked if I had anything new to say about the lacrosse case," Elmostafa said. "When I said no, they took me to the magistrate."<<

I wonder if he would have made it to the magistrate if he told them what they wanted to hear. This smells of intimidation and grasping at straws.





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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-12-06 08:54 AM
Response to Reply #22
27. Well, he was THERE
so why not ask him if he'd remembered anything else?
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ECH1969 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:00 PM
Response to Original message
2. What an asshole
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OKNancy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:00 PM
Response to Original message
3. after reading the entire article... this is stinky
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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:13 PM
Response to Reply #3
6. Nifong is using Gestapo tactics to coerce a defense witness
and this lends more credence to those that say that he has a weak case.
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:34 PM
Response to Reply #6
9. This doesn't make the case look any better
This doesn't make the case look any better

Taxi driver Moezeldin Elmostafa said Investigator R.D. Clayton and another officer asked whether he had anything new to tell them about the rape case before driving him to the Durham County jail.


My ultimate concern are the racial implications. This issue is so polarizing and gut wrenching no matter what side of the fence your on or even if your on the fence all together, its not good.

I'm reading on other forums this thing has turned in a KKK recruiting field day. For no other then that reasoning alone Nifong should be removed from the case. He has mishandled at least the Press Statement aspect of the case where it has become a real deterent to any self respecting human being
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 09:13 PM
Response to Reply #6
23. Guy arrested on outstanding warrant. What evidence of intimidation?
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Speaker Donating Member (225 posts) Send PM | Profile | Ignore Thu May-11-06 07:21 PM
Response to Original message
8. This type of intimidation.....
.....means that Nifong knows the lady's story is a lie.

This is becoming the most clear case of a frameup in American judicial history.
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NaturalHigh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:47 PM
Response to Reply #8
13. Absolutely.
Lynching white guys is apparently okay in Durham.
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:53 PM
Response to Reply #13
15. Stop it
That is the worst part of this case and Nifong's actions.

As I see it Nifong has a weak case and has played the race card to get re-elected. Not to mention this very well may set back race relations 20 - 30 years in the area, just because he had nothing else to run on.

Simply no shame
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:40 PM
Response to Original message
10. I don't give a flying fuck about this
anyone else with me?
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democracyindanger Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:47 PM
Response to Reply #10
12. Good thing you kicked it, then.
I know, I know--now you're faced with the dilemma of posting a cutting reply but kicking it up yet again.

:evilgrin:

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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 08:10 PM
Response to Reply #12
19. It's one of life's great paradoxes, is it not?
:D
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:50 PM
Response to Reply #10
14. NO
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NaturalHigh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:42 PM
Response to Original message
11. Harassment, plain and simple.
Isn't there some sort of law against intimidating a witness?
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Kingshakabobo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:55 PM
Response to Reply #11
16. Not if you are the government, apparently.
The DA has already stated he is going to use old/deferred charges against the other players as leverage.
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truthisfreedom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 07:55 PM
Response to Original message
17. usually you get arrested on an old unpaid parking ticket warrant...
not shoplifting. what an idiot.
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OKNancy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 08:10 PM
Response to Reply #17
20. he wasn't shoplifting, his cab fare was
Edited on Thu May-11-06 08:12 PM by OKNancy
read the whole article, it's enlightening

Edit:
Elmostafa said Wednesday that he had picked up Lisa Faye Hawkins and her daughter at their home and had taken them to the mall. Elmostafa said he waited in the taxi with the daughter while Hawkins shopped and then he drove the two home.

Elmostafa said he later received a call asking him to speak with Hecht's security. The security officer at Hecht's said Hawkins had stolen some purses before getting into the taxi, Elmostafa said.

Elmostafa said he gave the woman's address and a copy of his driver's license to the security guard, who thanked him for his help.

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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-11-06 09:38 PM
Response to Original message
24. Moezeldin Elmostafa..........they must have looked at his name and decided
he is part of Al Qaeda.
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-12-06 12:29 AM
Response to Reply #24
25. Not in the Triangle. There's a substantial international population ..
.. associated with local universities. And the Durham police would really catch it from the community if they arrested people for their names ..
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Karmakaze Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-12-06 12:34 AM
Response to Original message
26. Not even a new trick for Nifong...
Conner said it was highly unusual for police to arrest someone for a misdemeanor more than two years after the crime. He contrasted the treatment of the taxi driver with that of Kim Roberts, the other dancer at the party. Conner said Roberts initially told police no rape occurred at the party but changed her story after she was arrested on a probation violation. District Attorney Mike Nifong later reduced Roberts' bail.


So the other stripper says "no rape" then gets busted and says "rape" and gets her bail reduced. Nope I don't see a trend developing do you?

Like the DNA evidence. The state labs test everything and find NO DNA. Then Nifong sends the samples to a PRIVATE lab and suddenly there is a partial match? How convenient.
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Moosepoop Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-12-06 09:15 AM
Response to Reply #26
28. You're implying that Nifong FABRICATED this DNA?
Like the DNA evidence. The state labs test everything and find NO DNA. Then Nifong sends the samples to a PRIVATE lab and suddenly there is a partial match? How convenient.


You're saying he had the private lab FALSIFY the results?? :rofl:

You must be unaware of the fact that the STATE LAB found the DNA under the nail, but couldn't match it to anyone (despite what the defense attorneys have said to the press). The state lab is only certified to do DNA testing of a certain sensitivity, and using the testing that they are certified to do they couldn't get a match on the DNA that they found under the nail. It was on THE ADVICE OF THE STATE LAB that Nifong then sent the samples to the private lab, which IS certified to do the more extensive testing. That lab came up with the "partial" match to the player that the AV had identified with 90% certainty.

Conner said it was highly unusual for police to arrest someone for a misdemeanor more than two years after the crime. He contrasted the treatment of the taxi driver with that of Kim Roberts, the other dancer at the party. Conner said Roberts initially told police no rape occurred at the party but changed her story after she was arrested on a probation violation. District Attorney Mike Nifong later reduced Roberts' bail.


Conner said this, Conner said that. Conner is Reade Seligman's defense attorney and will say whatever sounds good. It is not "highly unusual" to execute an arrest warrant for a misdemeanor long after it was issued.
This warrant was found during a routine search of records pertaining to a possible court witness, so as to not have surprises come up during the trial. The same thing happened with Kim Roberts, and she was arrested on the outstanding warrant for probation violation.

One more thing: Nifong is not the judge. The judge reduced the amount of Kim Roberts' bail, at the request of Roberts' defense attorney.
He argued for the reduction on the grounds that Roberts was no longer a "flight risk", as she could have been considered during her original proceedings on the charges of embezzlement. Nifong did not object to the reduction, which does mean that he effectively agreed to it. The judge agreed to it too, and HE reduced the amount of her bail, not Nifong.

Only a judge can make actual rulings concerning a defendant's bail.

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Karmakaze Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-12-06 11:32 AM
Response to Reply #28
29. Not at all...
What I am suggesting (although fabricating evidence is NOT beyond a crooked DA, I am not saying that) what I am saying is that the state lab that originally tested the DNA could not match it. So a private lab ran another test that partially matched. Now does this not suggest that that DNA match is itself rather shaky? If it took some sort of special test just to get a partial match, how sure can you be of the results?

Secondly, how sure can you be that there wasn't contamination? You have two seperate test run by two seperate labs with inconsistent results. It also smells of trying to make the evidence fit the scenario, rather than the other way round. They had a known suspect, and then they kept testing till they got the result they wanted, at least in part. Doesn't sound very scientific to me.

It is not "highly unusual" to execute an arrest warrant for a misdemeanor long after it was issued.

Maybe not, but I would suggest that it IS unusual that TWO witnesses were arrested for prior warrants and then were asked again what happened. In the case of the second dancer, her story changed. In the case of the taxi driver his didn't. But in both cases it appears the arrests were tied into the alledged rape case.

One more thing: Nifong is not the judge.

No, but as prosecuting attourney, he can make submissions in regards to the bail. If he agrees with the defence attourney on a bail amount, the judge will grant that as bail. He doesn't just pick a number out of the air. So by not objecting, Nifong sent a clear message to the judge: "I agree with the bail being reduced".
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FreakinDJ Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-12-06 12:10 PM
Response to Reply #29
30. WITNESS INTIMIDATION
If it were anyone else pulling stunts like this they would be charged with Witness Intimidation.

It is almost getting to the point the Feds step in and take over the case before Nifong incites racial violence by using this case as his lead campaign issue
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