Defense Calls for Evidence in Duke Rape Case

WTVD/Durham ^ | May 22, 2006 | AP

[zaxxon]

Lawyers representing one of three Duke University lacrosse players charged with rape want details about any toxicology tests performed on the accuser, asking in a motion filed Monday whether such evidence even exists.

"No such toxicology report, if it exists, was provided to the defense," wrote attorneys Kirk Osborn and Ernest Conner, referring to nearly 1,300 pages of evidence prosecutors provided to defense attorneys last week. The attorneys represent Reade Seligmann, one of three lacrosse players charged with raping a woman hired to perform as a stripper at a March 13 team party.

Seligmann's attorneys want a judge to order prosecutors to provide any reports "generated from blood, urine or other biological samples" collected from the accuser. In the motion, they cited a story published in Newsweek earlier this month that said District Attorney Mike Nifong "hinted" such tests would reveal the presence of a date-rape drug.

Authorities have said a doctor and specially trained nurse performed a physical exam on the accuser that found evidence of sexual assault. But the nurse who filled out a report on that exam indicted no toxicology tests were performed, according to the defense motion.

Nifong declined to comment.

[maggief]

Excellent catch, BTW. :)

We captured it just in time. Now the FA has someone else she can sue. ;)

[Jezebelle]

Thanks for that link.

I wonder if Mangum learns of her name being temporarily published and what, if anything, she's going to try to do about it. Will she claim the revelation led to untold distress from harrassment and threats? Will she sue them?

[maggief]

WRAL, that is.

[Sacajaweau]

That's VERY clever!! Kudos!!

[Locomotive Breath]

I just got back on line. What's the source for the statement about Crystal's "business" the weekend before the party? (drivers and 5 one-on-ones, etc.)

What were all you people doing watching H&C when last night had the season finale of "24" and the series finale of "Alias".

[Jezebelle]

Can you be more specific? Who are these lawyers and what steps have they taken to register their complaints? Have they contacted the state bar? If they're serious, there's no reason for them to wait. Otherwise it's just lawyer hot air.

[Jezebelle]

I cannot believe we have not yet found out who those guys are that have been running Logan. I AM INCENSED!!!!!!!! :>

[Jezebelle]

Megyn Kendall reported it to Hannity last night. Her source is the defense team for Reade.

[Locomotive Breath]

Thanks - and how did the defense team find it out? Is it in the discovery material or does the defense team have it from some other source?

[Jezebelle]

The information is in the 1278 pages of discovery documents.

Sorry for not clarifying that. I assumed everyone knew we were speaking of the discovery documents.

[BeHoldAPaleHorse]

Thanks - and how did the defense team find it out? Is it in the discovery material or does the defense team have it from some other source?

Other source. The discovery material does not include a toxicology report, and part of the hospital report on the alleged victim says that no toxicology screen was done.

The "other source" is DA Mike Nifong's big mouth--he apparently hinted to Newsweek that blood tests indicated she'd been given a date-rape drug--in other words, the prosecution stated that she HAD gone through a toxicology screening at the hospital.

Confronted by this mismatch, the defense filed a request for the alleged toxicology report.

Failure to produce same is going to be serious--the defense may end up (through the total sum of Nifong's legal miscues) subpoenaing Nifong as a hostile witness, and the cat will then truly be among the pigeons.

[abb]

LB, what are you hearing from your fellow Duke Alums? Are y'all still keeping the heat on Brodhead?

[Mad-Margaret]

Don't feel bad. I missed it all too. Wasn't online yesterday and last night I watching Sopranos, Big Love, and Apprentice. Couldn't watch the first two Sunday because of the Desperate Housewives finale.

(I watch too much tv. Didn't realize that until now....)

[Sacajaweau]

Crystal WAS a busy little beaver that wekend. I'm sure there's a record. After all, she has to file a 1040. Wonder how she "expenses" her drivers?? Courtesy Reimbursement?

They should pull her 1040's. It's called FRAUD.

[Jezebelle]

I just saw a report on Fox News that a 44 year-old teacher in North Carolina is out on $5,000 bail for having sex with a 16 year-old student. Must have been a white student with a good reputation; otherwise the bail figure would have had a couple more zeroes on the end. ;>

[GAgal]

Apparently when the DNA came back showing the semen didn't match a player, Nifong asked the accuser whose it could have benn. She gave three names - her boyfriend, and two men referred to as her "drivers". Then someone got from the "drivers" that they had taken the FA to five motel/hotel "dates" the days/weekend preceding the party.

[Peach]

LOL. We watched "24" last night and so I didn't see any of the reporting about the stripper but was fascinated to read freeper reports.

Things really aren't looking good for the stripper or Nifong and I would love to see a campaign to write the Governor to get him removed from office.

[Protect the Bill of Rights]

They have since blacked it out, LOL!

[Locomotive Breath]

To the extent possible. The people who really matter are the ones with the deep pockets and I am, alas, not one of them. I'm finding that some of my alum friends are reading only the MSM reports and then only occasionally. Let's just say that some of them are behind the curve.

[Jezebelle]

Well, not quite. The medical report within the discovery documents indicates specifically that no tox screen was done. That, as has been noted before, conflicts with the hypothetical scenario that Nifong gave to Newsweek several weeks ago concerning a date-rape drug.