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DRUDGE REPORT FLASH 2006�




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DUKE DEFENSE WANTS DA OFF CASE
Mon May 01 2006 10:12:08 ET

Accused Duke lacrosse player Reade Seligmann?s attorneys want Durham County District Attorney Mike thrown off of the case, ABC NEWS is reporting. This morning, they filed a legal motion specifically asking for it.

?DA mike Nifong neglected his duty as a prosecutor to seek the truth and a fair prosecution,? reads the motion for the recusal of District Attorney Nifong.

The motions were filed just twenty-four hours before Nifong?s Tuesday election, in which he?s fighting to keep his seat as Durham County District Attorney. Nifong is challenged by former prosecutor Freda Black and private attorney Keith Bishop.

The motion takes the fact of that election into account, accusing Nifong of using the Duke investigation to his political advantage.

?He [Nifong] created a conflict between his professional duties and the search for truth and his personal vested interest in getting elected,? the motion says.

Developing...

If Nifong loses the election, he could be out of office before any possible rape trial begins. Another motion filed by the defense attacks the photo lineup in which the alleged victim identified accused Seligmann, his co-defendant Collin Finnerty, and a third unknown student as her alleged rapists. The positive identification is the only known evidence connecting the defendants to the alleged crime.



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