Posted on 05/19/2006 7:17:27 AM PDT by Perdogg
DURHAM, N.C.—One of three Duke University lacrosse players charged with rape wants the case resolved in time for the next school year, his lawyer said in court yesterday. But the judge warned he will not fast-track the proceedings.
The case "is not going to jump ahead of the line and be handled any differently," Superior Court Judge Ronald L. Stephens said at a hearing for sophomore Reade Seligmann.
After the brief hearing, District Attorney Mike Nifong said he does not expect any trial to begin before next year.
(Excerpt) Read more at thestar.com ...
An exotic dancer who says she was gang-raped and beaten at a Duke lacrosse team party where she was hired to perform was given a test at a hospital to determine if she had a date-rape drug in her system, WRAL has learned.
http://www.wral.com/news/9256654/detail.html
Defense Attorneys Seek Toxicology Reports On Accuser In Duke Case
UPDATED: 5:52 pm EDT May 22, 2006
DURHAM, N.C. -- 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 indicated no toxicology tests were performed, according to the defense motion.
Nifong declined to comment.
Last week, Nifong gave defense attorneys 1,278 pages of evidence, along with two VCR tapes and a CD of photos.
In a second motion filed Monday, the attorneys said information was missing, including "a substantial portion" of a report on the sexual-assault exam.
"It is clear from the discovery provided that discovery in this matter is nowhere near complete," the motion states.
Osborn and Wade Smith, who represents Finnerty, said they had reviewed the evidence provided by Nifong. Smith declined to comment on its contents, but Osborn said he wasn't worried.
"I can say that, after reviewing all the discovery, there's nothing in there that causes us any concern," he said.
Nifong was relying on Kim's testimony regarding the date rape drug. He already knew there was no tox screen done when he made the drug comments. He is relying on Kim, and he will do so at trial, imo.
Note the statement below from Nifong. Note how he has already changed Kim's "1 and a half drinks" to "a few sips." Kim said CGM drank half of hers and all of Kim's.
I believe his total evidence for a drug was Kim's testimony, and it still is. He will use her in the trial as his date-rape drug evidence, imo. He had to have already known that he had no tox report to work with.
http://www.msnbc.msn.com/id/12357584/site/newsweek/
"When asked about the alleged victim’s evident intoxication the night of the party, District Attorney Mike Nifong told NEWSWEEK several weeks ago that her impaired state was not necessarily voluntary. Refusing to speak about the evidence in this case specifically, Nifong, in retrospect, now appears to have been offering a clue: “What does it mean that she was intoxicated?” said Nifong. “Just as an example--speaking hypothetically--if I had a witness who saw her right before this and she was not intoxicated, and then I had a witness who said that she was given a drink at the party and after taking a few sips of that drink acted in a particular way, that could be evidence of something other than intoxication, or at least other than voluntary intoxication,” Nifong told NEWSWEEK. “There are many explanations for someone appearing to be intoxicated,” he said. Asked if he had any evidence suggesting this scenario took place the night of the alleged rape, Nifong responded, “I don’t have any evidence that I want to talk to you about right now.” Still speaking hypothetically, he went on to say that depending on the circumstances, an alleged victim’s intoxication might make her a more credible witness."
Thank you, maggief. So WHO told WRAL that the tox test HAD BEEN DONE?
>>The source says the woman entered the hospital well after midnight March 13 wearing a red nightgown and nothing on her feet. <<
Where did she get the red nightgown??
She went from Krogers, to the druggie hospital, to the hospital...Red nightgown??
Is the "date-rape" screen not a part of the "tox" screen?
If it is, it tells me that she must have been lucid sufficient for SANE etc., to not think she'd been slipped "the" mickey.
Was she still in her dancing costume? Could that be mistaken for a nightgown? I admit I don't see how!
Thanks for the ping, Perdogg.
I seem to recall that a test for a date rape drug must be requested seperately, not part of a standard tox screen.
When asked about the alleged victim’s evident intoxication the night of the party, District Attorney Mike Nifong told NEWSWEEK several weeks ago that her impaired state was not necessarily voluntary. Refusing to speak about the evidence in this case specifically, Nifong, in retrospect, now appears to have been offering a clue: “What does it mean that she was intoxicated?” said Nifong. “Just as an example--speaking hypothetically--if I had a witness who saw her right before this and she was not intoxicated, and then I had a witness who said that she was given a drink at the party and after taking a few sips of that drink acted in a particular way, that could be evidence of something other than intoxication, or at least other than voluntary intoxication,” Nifong told NEWSWEEK. “There are many explanations for someone appearing to be intoxicated,” he said. Asked if he had any evidence suggesting this scenario took place the night of the alleged rape, Nifong responded, “I don’t have any evidence that I want to talk to you about right now.” Still speaking hypothetically, he went on to say that depending on the circumstances, an alleged victim’s intoxication might make her a more credible witness. FROM NEWSWEEK Susannah Meadows April 18, 2006
Technically the blood would have been drawn for DNA testing. If there were any evidence of drugs in the blood, it is no longer detectible. Too much time has passed.
If only! Nifong in a jumpsuit!
So what did Nifong present to the grand jury?
I know you don't need much, but still. I wonder if he said anything that he couldn't really back up?
Did he just ask them to sign some papers for him?
Basically DA around the country are scared of the Wendy Murphy's of this world and the anger they can gin up if they don't prosecute on a woman's word alone. Only if DAs start taking heat for prosecuting flimsy cases like this one, the one the guy tried to bring against Bryant in Colorado etc. will things change.
This is not unlike the Anita Hill v. Linda Tripp. Hill falsely accused Justice Thomas of something, yet the left sees that she is taken care of forever. Linda Tripp provides the government evidence that President Clintion lied under oath to a Federal Court and she benefits not a fraction that Hill did. The left is relentless. Conservatives unfortunately are too busy living their lives or trying to convince the mush center they are liberal too.
Do you think they really didn't do a tox screen or is there just not one in the file Nifong gave to Osbon?
This is a separate thread that says the box was checked that no tox test was done.
http://freerepublic.com/focus/f-news/1636545/posts
SANE Clinical Requirements
http://www.nccasa.org/SANESART/SANE/Certification/ClinicalRequirements.html
Toxicology Screening Protocol. A Toxicology Screening is only necessary when there is sufficient cause to believe. that a drug was used to facilitate a ...
http://www.nccasa.org/SANESART/SANE/SANEProgramDevelopment/Protocols/MariaParhamHealthcare.pdf
LMAO
When he tried to get her out of the car, it sounds like she was screaming etc and might have said to the cop: "Leave me alone. Take me to the station and I'll say you raped me".
He might have initiated the SANE thing to protect himself and she had to change her story because of others around.
Like the female guard at Kroger's said: "There is no way she was raped." That gives me the impression that she was referring to the cop and not the Duke boys. The guard would have been the cop's witness.
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