A defense lawyer in the Duke lacrosse case has requested the removal of District Attorney Mike Nifong, among other things, in motions filed today:
Kirk Osborn, the lawyer for one of the Duke lacrosse players accused of rape, filed legal motions this morning, including one that demanded that Durham’s district attorney drop out of the case.
Osborn, who represents Reade Seligmann, said District Attorney Mike Nifong had made improper comments about the case and sought national publicity in order to win Tuesday’s election.
Defense lawyers and legal experts have said Nifong might have crossed ethical lines in public comments about rape allegations involving Duke University lacrosse players, potentially prejudicing jurors.
For his part, Nifong says that he has done nothing wrong, though he has ceased talking with reporters about allegations made by an escort service dancer hired to perform at a March 13 team party.
Osborn’s filings Monday included an affidavit from Seligmann giving his account of the night, records from automatic teller machines and Duke dormitory entrance logs, cell phone records and other evidence Osborn said gave Seligmann an alibi during the time the rape is said to have occured during the party.
The motions, filed in Durham Superior Court, ask:
— For permission to retest all DNA evidence.
— For Seligmann’s $400,000 bond to be reduced to $40,000.
— The state to preserve rape kit evidence so the defense can do its own tests.
— A judge to throw out the accuser’s photo line-up identifications of Seligmann and his co-defendant, Collin Finnerty. The defense says the procedures used by the Durham police were unfair and violated department policy.
Hopefully Durham voters will help take Nifong off the case by voting him out in the primary tomorrow. If there’s one thing we should all be able to agree upon, it’s that he’s incompetent.