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Duke rape case set for 2007
Toronto Star ^ | May 19, 2006. 07:02 AM | staff

Posted on 05/19/2006 7:17:27 AM PDT by Perdogg

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To: ltc8k6

LMAO!

The broom has been recovering!


1,121 posted on 05/22/2006 8:16:25 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Mike Nifong

" now we know it was only SWELLING. "

Considering that the False Accuser was apparently trying for the Guinness World Record for the most sexual partners in a 72 hour period- " swelling " must be an understatement.
I'm surprised she could walk or sit normally.
Perhaps that's why she was unable to dance and later fell down the stairs.


1,122 posted on 05/22/2006 8:18:02 PM PDT by Wild Irish Rogue
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To: Wild Irish Rogue

Would anyone be surprised if her enterprising "boyfriend" implemented an EZ pass system for payment?


1,123 posted on 05/22/2006 8:20:12 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Jrabbit
When will Hannity and the Corpse be shown again??
1,124 posted on 05/22/2006 8:28:52 PM PDT by Krodg
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To: Krodg

I believe it comes on at 1 pm Central.


1,125 posted on 05/22/2006 8:30:12 PM PDT by JLS
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To: Mike Nifong
EZ Pass LOL Big Wheels a-turn'n.

I've met some stupid attorneys in my time, but none ever risked their bar card like Nofing has.
1,126 posted on 05/22/2006 8:30:29 PM PDT by investigateworld (Abortion stops a beating heart)
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To: ltc8k6

I think even a STUPID DA would have figured this was one to let someone else deal with.


1,127 posted on 05/22/2006 8:32:24 PM PDT by Alia
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To: All; investigateworld

I did a Web Search and this is from another site where they are discussing this case. This is from the last 30 minutes after the latest news on the story. This gives you an idea of where her supporters are going:

"Now I know there's a ton of evidence that supports the the players's story. But at the end of the day this is a he said / she said case. And if the jury believes the AV on the stand, that may be all that Nifong needs to come out of this thing with at least one and possibly more convictions under his belt."

I think this will be the next argument from Nancy Grace, Wendy Murphy, and their type: Let's let a Jury decide, after all, isn't that all that matters?

We've already seen how the news had died down on this case, it's barely a blip on the screen. They do not want to report this stuff. Suddenly, Katrina stories lead the news.
Expect more of that.


1,128 posted on 05/22/2006 8:45:17 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Sacajaweau

If the "rape time" was approximately 30 minutes like they say, are you telling me that Kim was in the car for 30 minutes and never made a phone call to the Escort Service or someome?
======
I think in Kim's second interview Kim said she was outside talking to some players. And during the police photo lineup identification, CM also said Kim was outside talking to some players. Where are the bathrooms located in the house? They don't look to be on the side facing Bissey's house, so they must be in the back or/and on the other side of the house.


1,129 posted on 05/22/2006 8:47:00 PM PDT by Waterfall
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To: Waterfall; Sacajaweau

there's still the photo of the AV smiling widely before departing the house, and the neighbor saying the women went in at 11:55.

This case is falling apart no matter what angle you view it from.


1,130 posted on 05/22/2006 8:50:17 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Mike Nifong
CGM's supporters are hoping the MSM rescues the FA and Nifong? Why not. It's been done so many times over the past 30 years, I'm not surprised that they expect or hope that to happen.

Stunning, tho, to witness it, no? "no vaginal rips, tears, etc. Just vaginal swelling".

1,131 posted on 05/22/2006 8:59:22 PM PDT by Alia
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To: Alia

Yes, it's sickening to those that believe in our system. Believe this could not happen in the United States.

The lack of reporting - even if it is reported in the context of according to the Defense - is really abominable


1,132 posted on 05/22/2006 9:04:37 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Sacajaweau

No.

http://www.herald-sun.com/durham/4-733339.html


1,133 posted on 05/22/2006 9:23:02 PM PDT by Waterfall
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To: Krodg; JLS

Repeats at 2 am eastern, 1 am central. Be sure to catch Gretta at about 3:30 am eastern. Check your local cable or satellite provider for channel.


1,134 posted on 05/22/2006 9:49:02 PM PDT by Ken H
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To: JLS

Thanks


1,135 posted on 05/22/2006 10:00:46 PM PDT by Krodg
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To: Ken H

Thanks. I have FOX on now.


1,136 posted on 05/22/2006 10:03:26 PM PDT by Krodg
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To: All



Nifong said: IF there was a Toxicology report, it was have been including in the discovery documents.

Guess that settles it. The was no toxicology report.

What did former Prosecutor, Jim Hammer, say on Greta? After what Nifong told Newsweek, that if no such Toxicology report exists, then Nifong should be removed from office and (did he say) disbarred?


1,137 posted on 05/22/2006 10:18:28 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: maggief

http://www.newshounds.us/2006/05/22/fox_news_reporter_megyn_kendall_opines_duke_accuser_not_raped_but_suffering_from_premenstrual_syndrome.php


1,138 posted on 05/22/2006 10:22:33 PM PDT by Waterfall
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To: All; Waterfall; maggief; JLS; Alia

Nifong: If there was a TOX, it would've been included in the discovery Docs.

http://www.heraldsun.com/durham/4-737491.html


Defense seeks toxicology reports


By John Stevenson : The Herald-Sun

May 22, 2006 : 10:25 pm ET

DURHAM -- Medical records of the alleged victim in the Duke lacrosse rape case suggest she might not have been tested for drugs or alcohol, according to a defense filing Monday.

Several people described the accuser as being severely impaired the night of the alleged attack, with one of the first police officers to see her describing her a "passed out drunk." But some have suggested that she may have been given a so-called "date rape drug," and Newsweek magazine said District Attorney Mike Nifong had hinted at such a possibility.

Authorities have said a doctor and a specially trained nurse performed a physical exam on the accuser that found her condition to be consistent with having been sexually assaulted. But the nurse who filled out a report on that exam indicated no toxicology tests were performed, according to a defense motion filed Monday.

Several attorneys not connected with the case said Monday they were surprised by the apparent lack of a toxicology report.

If such data showed the exotic dancer was intoxicated on the night in question, it could be highly beneficial to the defense, lawyer Mark Edwards said.

"Either way -- whether it was a date-rape drug or voluntary intoxication -- it would affect the reliability of her identification," Edwards added. "It goes to the question of her credibility."

On the other hand, evidence of a date-rape drug in the dancer's body could have helped the prosecution by showing evil intentions on the part of someone, Edwards said.

"It would help to explain the apparent intoxication when police encountered this woman later," he said. "It also would show that there was likely a sexual assault or at least a plan to commit a sexual assault."

The question of whether a toxicology report was conducted arose in a motion filed Monday by lawyers representing indicted rape suspect Reade Seligmann.

They said no toxicology information was contained in 1,278 pages of data Nifong gave them last week. Nevertheless, if such a report exists, the lawyers said they have a right to see it and asked a judge to force Nifong to turn it over.

Nifong declined to comment to The Herald-Sun.

But he told WRAL: "If there was a toxicology report available, it would've been included in the discovery I handed over to the defense."

Nifong told WRAL he had turned over all the evidence he has to date and that when any new reports or documents come in, they too, would be handed over to the defense.

Theoretically, it could be argued that the failure to obtain and preserve toxicology data had violated the suspects' right to a fair trial, according to Edwards.

"But that would be a tough argument to sell," he conceded.

In a second motion filed Monday, the defense attorneys Kirk Osborn and Ernest Conner said they also are still waiting for a "substantial portion" of police notes and interview summaries in the case, along with access to cell phone records and other, unspecified physical evidence. They reminded Nifong that he was legally bound to make such details and access available to them.

As for the nearly 1,300 pages the defense did receive from Nifong last week, Osborn said he didn't see anything that might significantly hurt Seligmann's case.

"I can say that, after reviewing all the discovery, there's nothing in there that causes us any concern," he said.

Seligmann is one of three lacrosse players indicted on rape, kidnapping and sex-offense charges in the case. The others are Collin Finnerty, a 20-year-old sophomore at the time of the March party, and David Evans, who graduated from Duke this month.

The dancer picked out Seligmann and Finnerty from a police photo lineup and said she was 100 percent sure they were among her alleged attackers, according to a transcript of the photo lineup session. But she expressed only 90 percent certainty about her identification of Evans from the same lineup.

Seligmann, meanwhile, says he has an alibi: cell phone, taxicab and bank ATM records indicating he was otherwise occupied during the only time defense lawyers believe a rape could have occurred.

Scientific testing by the State Bureau of Investigation showed there was no DNA from Seligmann, Finnerty, Evans or any other Duke lacrosse players in or on the exotic dancer's body, on her clothing and belongings or under her fingernails -- even though she claimed she clawed at her assailants to fend them off.

More recent tests by a private laboratory, DNA Securities of Burlington, indicated the woman had engaged in sexual relations around the time of the alleged rape. But it was with an apparent boyfriend rather than a Duke lacrosse player or anyone who attended the March party, according to a defense interpretation of the lab results.

Lawyers said the private lab also found tissue "consistent" with Evans' bodily makeup under one of the dancer's fake acrylic fingernails, which was retrieved from a trashcan. However, attorneys insisted the fingernail evidence was inconclusive and did not constitute proof of a rape anyway.

The Associated Press contributed to this article.


1,139 posted on 05/22/2006 10:25:38 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Mike Nifong
In a second motion filed Monday, the defense attorneys Kirk Osborn and Ernest Conner said they also are still waiting for a "substantial portion" of police notes and interview summaries in the case,

I thought police files on this case were by definition Nifong's files as well, since he has been a hands on investigator.

along with access to cell phone records and other, unspecified physical evidence.

The very first piece of evidence they seized over 2 months ago was Crystal's cell phone, and there is NOTHING in the DA's report on it!

1,140 posted on 05/22/2006 10:57:39 PM PDT by Ken H
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