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This just in...

http://www.wral.com/apncnews/9772080/detail.html
Defense Motion Seeks More Reports In Duke Lacrosse Case

POSTED: 6:44 pm EDT August 31, 2006
UPDATED: 6:44 pm EDT August 31, 2006

DURHAM, N.C. -- Attorneys representing three Duke lacrosse players charged with rape filed a motion Thursday seeking additional notes and reports from investigators, including the results of a toxicology test performed on the accuser.

The motion _ filed jointly by attorneys for Reade Seligmann, Collin Finnerty and David Evans _ seeks notes and e-mails outlining activities of Durham police officers involved with the case and a report outlining statements made by the accuser in a meeting with District Attorney Mike Nifong and investigators in April.

It also seeks results of a toxicology report discussed by attorneys during a meeting last week with Superior Court Judge W. Osmond Smith III. Nifong said the report found the accuser's system "was negative for the presence of any controlled substances," though the report has not been provided to the defense, according to the motion.

In a past motion seeking such toxicology reports, defense attorneys have cited a story published in Newsweek in May that said Nifong "hinted" such tests would reveal the presence of a date-rape drug. The accuser told police she was raped by the three players at a March team party where she was hired to perform as a stripper.

The motion seeks handwritten notes from at least 11 Durham police officers regarding their activities in the case; e-mails to and from officers regarding the lacrosse case; reports from labs that performed DNA testing for the case; and an order allowing defense attorneys to view items in a sealed rape-kit box.

The defense also renewed its request for records from the facility where the accuser was taken for involuntary commitment in the hours after the party and where she first said she was raped. The accuser interacted with at least three staff members and was there for 40 minutes, but there is no "substantive report" about her presence there, according to the motion.

Nifong did not respond to an e-mail seeking comment Thursday.

This just in:

Defense Seeks More Reports In Duke Lacrosse Case

DURHAM, N.C. -- Attorneys representing three Duke lacrosse players charged with rape filed a motion Thursday seeking additional notes and reports from investigators, including the results of a toxicology test performed on the accuser.

The motion -- filed jointly by attorneys for Reade Seligmann, Collin Finnerty and David Evans -- seeks notes and e-mails outlining activities of Durham police officers involved with the case and a report outlining statements made by the accuser in a meeting with District Attorney Mike Nifong and investigators in April.

It also seeks results of a toxicology report discussed by attorneys during a meeting last week with Superior Court Judge W. Osmond Smith III. Nifong said the report found the accuser's system "was negative for the presence of any controlled substances," though the report has not been provided to the defense, according to the motion.

In a past motion seeking such toxicology reports, defense attorneys have cited a story published in Newsweek in May that said Nifong "hinted" such tests would reveal the presence of a date-rape drug. The accuser told police she was raped by the three players at a March team party where she was hired to perform as a stripper.

The motion seeks handwritten notes from at least 11 Durham police officers regarding their activities in the case; e-mails to and from officers regarding the lacrosse case; reports from labs that performed DNA testing for the case; and an order allowing defense attorneys to view items in a sealed rape-kit box.

The defense also renewed its request for records from the facility where the accuser was taken for involuntary commitment in the hours after the party and where she first said she was raped. The accuser interacted with at least three staff members and was there for 40 minutes, but there is no "substantive report" about her presence there, according to the motion.

Nifong did not respond to an e-mail seeking comment Thursday.

Greta implied there is a chance - I don't know how good - that Nifong might lose the election.

Put it this way, do you think Nifong has won over any additional voters since the primary as the evidence has become known? Add in Cash Michael's recent change in tune indicating the Durham black community may feel it was played and Nifong may not get as many votes in the general as he did the priamry.

If they get 2,000 new student voters to vote for Cheek, then that would be fairly significant give the size of a typical Durham DA general election total. So I think there is a chance.