Court TV Host: Welcome, Beth!

Beth Karas Hello everybody, I'm stuck in traffic!

Question from ctv_warhorse2: Why is there a new judge in the Duke case? What happened to the previous one?

Beth Karas: The previous judges were rotating judges - they are on a schedule where they rotate every six months basically. They took it out of that schedule because the case is complex with a lot of lawyers and motions and will benefit from the continuity of one judge throughout the proceedings.

Question from Guyin50s: Beth, has the DA given any indication at all that he may drop the case against the defendants?

Beth Karas: No, in fact, he said that the accuser will be testifying at the trial. And he said it several times today.

Question from Massviewer: If you were their attorney would you allow them to go on 60 Minutes?

Beth Karas: I understand why the defense attorneys are doing this, and if they're not concerned about inconsistent statements, then there's really no harm. But I don't know if there were limitations on the 60 Minutes interviews - areas that they cannot go into. I would not be surprised if we find that details of the incident are not probed by the interviewer.

Question from tribe: How much of the case is the prosecution mandated to report as discovery? I do not understand the bill of particulars request.

Beth Karas: The prosecution has an obligation to turn over police reports, scientific reports, witness statements. The bill of particulars is a request for more specificity regarding the details of the crime, but the defense is not entitled to any more details than what they know - that was the judge's ruling. The judge will not force Nifong to commit to any more details. Closer to trial, they may learn what they want to know - and certainly at trial - but the judge does not believe that the defense is prejudiced by not having this information now.

Question from ctv_warhorse2: Why were all of the defendants absent from the hearing today? Seems to me they would be interested enough to attend all court procedures involving their case.

Beth Karas: The judge has permitted them not to appear until their arraignment, which may be months away. It may be because it's onerous to get to court. They live out of state, and there's always media hype around the courthouse when they do show up.

Question from Guyin50s: Beth, the other "dancer" who was present when the alleged "rape" took place called the charges a "crock" ... will the DA put her on the stand?

Beth Karas: She will be on the stand - she did say they were a crock, then she also said that she wasn't there every minute and that something could have happened. She also inquired about getting money to sell her story, so there's lots to cross-examine her on, but the DA is likely to put her on the stand.

Question from sdsgo: What new discovery is expected on Oct. 20?

Beth Karas: Results of scientific testing, like DNA testing, will be among the documents provided.

Question from A_mazed: I understood her family does not know where she is ...Am I misinformed ?

Beth Karas: It is true that her family has said publicly, recently, that they do not know where she is. But that does not mean that the prosecution does not know where she is. And with Nifong representing several times in court today that she will testify, that indicates that he's not concerned about locating her for trial.

Question from Massviewer: Do you think the defense attorneys wish that the pollsters had stopped the questions once they realized that it was the DA's wife?

Beth Karas: That's an interesting question - I don't really know - I wouldn't be surprised if they wished the questioning had stopped - or the call was never made, but I don't really know.

Question from ctv_warhorse2: Why the big hullabaloo over the defense conducting a poll? That is done very frequently by both sides.

Beth Karas: Yes, that is true. Nifong's argument was that this is not a scientific poll and that the questions were offering facts about the case from a defense point of view and that the questions were not asked consistently, at least between the two instances that he is talking about. This is what the judge is currently reviewing - the questions and the methodology - and two affidavits submitted by Nifong - one from his wife and another from another Durham citizen.

Question from sdsgo: Do you expect monthly pre-trial hearings to continue through the end of the year?

Beth Karas: Yes, at least court appearances. I don't know if they'll be as long as today's. There's another one scheduled for Oct. 27.

Question from ahhsumm`: Beth, Reade Seligmann, one of the defendants, apparently is shown on security cameras at a completely different location at the supposed time of the 'rape.' Do you think this will be the undoing of the DA's case against him?

Beth Karas: His defense is alibi, and he says he can document a lot of his whereabouts between 12:09 and 12:46 am on March 14, 2006 So, if presented and believed by a jury and if the alleged assault occurred during all or some of that time, that would be the end of the case against Seligmann, but not the other two.

Question from Cindy: Why is it OK for the prosecution to hold a news conference to announce this case and condemn these men and yet the prosecution has such a big fit over a poll the defense has taken?

Beth Karas: Precisely the argument the defense made today - perhaps not quite as directly. The judge is not making any rulings or calls as to Nifong's multiple statements to the media in the early part of the case, but he will not permit such commentary now.

Question from Guyin50s: But the defense attorneys may argue that if she was so "certain" that Seligmann was present, when he really wasn't, then she may be "mistaken" or outright lying about the other two as well

Beth Karas: Good point - and it is true that if the jury believes she made a mistake as to one, it will affect the case against the other two. An error against one can taint her identification of others.

Question from Cindy: How can they charge the last student they did when she said he had a beard or mustache and even the photos from the party clearly showed he did not?

Beth Karas: You're talking about Dave Evans, who was indicted in May. She said she was 90% certain about him and it was discretionary on the part of the prosecutor about whether to proceed. Sometimes people are mistaken about features

Question from tara: Beth, are they being tried all together?

Beth Karas: They have not been joined officially, but Nifong has indicated in the past that he will be move to join them before trial. The defense lawyers are filing motions together - many motions and responses are being filed jointly

Question from Massviewer: On a different topic what do you make of the plea agreement in the Rhode Island fire case? Do you think the DA is distancing himself because of his upcoming re-election?

Beth Karas: I don't know what to make of it politically. I'll be there at the sentencing next week, and I'll be snooping around before then to learn more about it. But I'm not surprised there was a plea - because the stakes were so high. Now one gets 4 years and the other no time. And the four years will mean he only has to do 16 months. Tune in next Friday at the Rhode Island plea and sentencing hearing, and I'll see you at the next live trial.