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Sunday, August 6, 2006

Duke Case: Dead Horses, Blind Squirrels, Acorns & Nuts

Cash "in the bag" Michaels is still beating his $2 million hush money story to death. Here is this week's installment of the dead horse smack down:

The cousin of the accuser in the controversial Duke lacrosse rape case insists that she was told by the alleged victim of a $2 million hush money attempt to have the woman back away from her charges...

"Jakki," the alleged victim’s older cousin and designated spokesperson for her and the family, was shocked and outraged last week after a reporter for The Carolinian and Wilmington Journal newspapers made her aware of a copy of the discovery document, which has been confirmed as an internal Durham police memo from one Duke rape case investigator to another, saying that the accuser denied the claim to police when asked days after the explosive story came out in June.
However, put this next Cash tidbit under the category of even a blind squirrel bumps into an acorn. Michaels actually stumbles across a major discrepancy that has been sitting out there since mid-June.

The Johnsville News first pointed out on June 17th that Investigator Himan cited subpoenaed medical records in his March 27th Probably Cause Affidavit for the Search Warrant for Ryan McFadyen's dorm room.

However, according to a defense motion filed on June 15th for David Evans by his attorneys, the police and prosecution, based on their own documentation, did not have the the subpoenaed medical records until April 5, 2006. The subpoena statement is also not supported by the actual medical records.

Michaels said:
But after D.A. Mike Nifong turned over several hundred pages of discovery evidence to defense attorneys on May 18 as required by law, they immediately determined in a June 15 motion that Himan did not obtain "medical records and interviews" until April 5, and no medical personnel were legally allowed to release details to him prior because of the federal Heath Insurance Portability and Accountability Act.

Defense attorneys say the discovery documents show Nifong didn’t issue a subpoena for the material records until March 20; it wasn’t served until March 21; they weren’t printed, dated and stamped for compliance until March 30; and Det. Himan didn’t pick them up from the hospital until April 5.

Defense attorneys add that contrary to Himan’s March 27 affidavit, none of the medical records obtained confirm the alleged victim’s condition as the investigator described.

Neither the Durham police Dept. nor D.A. Nifong has explained the defense’s allegation against Det. Himan, who, after four years on the force, became an investigator last January.

Though not specifically referring to this instance, Nifong did tell reporters last week that though he still believes a rape took place, "Obviously, there were some things we hoped we would have as evidence that we ended up not having," a remark that could be a reflection of Himan’s work on the case.
Wow! "The Bag Man" taking shots at Mike Nifong and Det. Himan. That is one very solid good point. Did the cops tow his car or something?

"The Bag Man" closes up shop this week by returning to his favorite nut, cousin Jakki:
Jakki, who told The Carolinian/Wilmington Journal newspapers in its June 22 story that beyond being her cousin and family’s spokesperson, she is also an actress, makeup artist and nightclub comedian/entertainer by trade; has been the target of scurrilous attacks from Internet blogsites supportive of the three indicted Duke lacrosse players ever since the alleged hush money story broke.

Those who were already questioning how truthful her younger cousin was about the rape allegations, based in part of select portions of discovery evidence released by defense attorneys, have also been highly skeptical and critical – some to the point of racist cynicism – about Jakki...

Jakki says she has read some of the cruel and hurtful comments about her, her cousin and their family, but that doesn’t change anything.
Jakki's proclivities even caught the attention of the News & Observer's own hatchet lady, Ruth Sheehan. Ruth said: "Now I've heard everything."

Play Alvin & The Chipmunks song to close.

COUSIN DEFENDS HUSH MONEY CLAIM [Cash "in the bag" Michaels | Wilmington Journal, Aug. 4, 2006]