A court hearing is scheduled for the three indicted members of the men's lacrosse team this afternoon.
Bill Thomas, a Durham attorney who represented one of the team members who was not indicted, said defense lawyers will likely stand in for David Evans, Trinity '06, and juniors Collin Finnerty and Reade Seligmann-all of whom were charged with rape, sexual offense and kidnapping this spring.
Thomas added the hearing will involve mainly administrative, pre-trial matters. Seligmann's lawyers are expected to ask to reduce the defendant's $400,000 bond, according to NBC 17.
In a recent discovery motion, Seligmann's lawyers also asked to access the alleged victim's computer and medical records from the night of the alleged incident. The request comes a month after District Attorney Mike Nifong said he turned over all 1,300 pages of discovery to defense lawyers.
A trial date has not been set, but speculation has indicated the case may be prolonged until next spring. Nifong scheduled an additional hearing for July 3 Tuesday.
Next month's proceeding will deal with subpoenas Nifong issued May 31 that ordered Duke to release the home addresses of 47 lacrosse players and two other students, as well as DukeCard tracking data from the night of March 13-when the alleged victim, an exotic dancer, said a rape occurred.
Thomas and attorney Jay Ferguson filed a motion June 8 that called the subpoenas invalid on several grounds.
The lawyers wrote that the subpoenas were unlawfully issued and violated the North Carolina State Bar's Rules of Professional Conduct and the federal Family Educational Rights and Privacy Act.
They added Nifong had inappropriately used the subpoenas as a "broad discovery tactic" instead of employing them to obtain specific information pertinent to the case. "Anything in the nature of a mere 'fishing expedition' will not be allowed," the two wrote. "To hold otherwise would not only cause the subpoenaed person often to be unfairly burdened, but would also obligate him to produce a number of items not material to the inquiry, which is clearly not authorized by law."
Nifong responded to recent criticism Monday, releasing an e-mail correspondence between himself and Newsweek Senior Writer Susannah Meadows, Trinity '95. Meadows and Assistant Managing Editor Evan Thomas wrote in the June 26 issue of the magazine that Nifong "lashed out at 'media speculation'" about the case.
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Nifong accused the writers of mischaracterizing his tone as "angry." "Is anyone surprised that the defense attorneys are spinning this case in such a way that things do not look good for the prosecution?" Nifong wrote in the e-mail to Meadows.
"Their job, after all, is to create reasonable doubt, a task made all the easier by an uncritical national press corps desperate [for] any reportable detail, regardless of its veracity."
The e-mail also indicated Nifong's intentions to continue pursuing the case. "None of the 'facts' I know at this time, indeed, none of the evidence I have seen from any source, has changed the opinion that I expressed initially," he wrote.
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