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Defense Calls for Evidence in Duke Rape Case
WTVD/Durham ^ | May 22, 2006 | AP

Posted on 05/22/2006 4:05:16 PM PDT by 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.

(Excerpt) Read more at abclocal.go.com ...


TOPICS:
KEYWORDS: duke; dukelax; falseallegations; rape
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To: don'tbedenied

>>Yeh but she was sober until they gave her the roofie, put on the rape jackets and body condoms, raped her for 30 minutes in the tiny bathroom while talking on the phone to their girlfriends and ordering takeout. All this while the rest of the team watched and cheered before going home and altering the time stamps on the pictures.
Have you ever heard of anything like this?<<

I think you've about covered it!! ;>)


141 posted on 05/23/2006 8:34:52 AM PDT by sissyjane (Don't be stuck on stupid!)
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To: toldyou

I was just starting to thaw a bit aboiut Feiger--then he went on his rant about the raid in Jefferson's office.

He needed to take a breath.


142 posted on 05/23/2006 8:36:57 AM PDT by Protect the Bill of Rights
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To: Mike Nifong

>>I think this means we'll see an uptick in News stories on Jimmy Hoffa, Katrina, Natalie Holloway, and how vegetables are good for you.

The News Corpse is moving beyond this story. It no longer portrays white men as the scum they are.<<

Oh! How right you are, my friend.

I was away from the computer all day yesterday and signed on this morning to find FR down. So I went to the CTV board where there were numerous posts about the H&C show. Wow! Drivers? Crystal's everchanging story? Rape... no rape... OMG!

Yet... when I went looking for a news story (or even something on the H&C site) there was nothing. NOTHING!!!


143 posted on 05/23/2006 8:37:55 AM PDT by Mad-Margaret
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To: abb; maggief; Peach

Here's what LE took after the search of Seligmann's dorm room:

http://www.wral.com/slideshow/news/8884831/detail.html?qs=;s=9;w=800

I wonder what "evidence" relating to him was analyzed at the SBI "chem lab" per the motion? Wouldn't DNA tests be done in a bio lab?


144 posted on 05/23/2006 8:39:49 AM PDT by GAgal
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To: zaxxon
DNA from boyfriend + two drivers = 3 people.

3 people accused in the rape case. Coincidence?

Methinks that she might be making something up.

145 posted on 05/23/2006 8:39:56 AM PDT by wbill
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To: abb

Apparently WRAL has corrected the oversight. Mangum's name is blacked out in the copy the link leads to.


146 posted on 05/23/2006 8:41:07 AM PDT by Jezebelle
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To: Protect the Bill of Rights

I missed that part.


147 posted on 05/23/2006 8:41:45 AM PDT by toldyou
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To: El Gran Salseron
If the defense asks for a motion to dismiss and it is granted, it lets NiFong off the hook as far as the blacks in the community.

The only problem is that this case will cost him his license and THAT will cost him his job. The Bar Association just won't tolerate this type of conduct from a DA. Be Patient. It'll happen. A DA's duty is two fold...not just to prosecute, but to also find the TRUTH for the People of the State.

148 posted on 05/23/2006 8:44:00 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Jezebelle

Too late for WRAL, I'm afraid. The News Reporting Agency of Record (Free Republic) now has a copy of the document...


149 posted on 05/23/2006 8:45:33 AM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: Sacajaweau

It will happen because...?

I hope it does, if the facts remain as they are. However, given his ties to so many in the legal community in Durham I do not see anything preventing him from just letting the thing disappear. The only hope is that he has upset some heavyweights in NC through his unethical behavior.


150 posted on 05/23/2006 8:47:42 AM PDT by bjc (Check the data!!)
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To: Ken H
Houston A. Baker and Hortense Spillers; each considered a leading figure in black literary studies nationally; will be giving up endowed chairs at Duke and Cornell Universities, respectively, to take endowed slots at Vanderbilt.

Don't get me started again on Baker... My thoughts on his thoughts were not appreciated by some here the first time he introduced himself and the sleeping problems of Durham's Pearl Purehearts into this mess...

151 posted on 05/23/2006 8:50:59 AM PDT by darbymcgill
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To: abb

Yes, and it was a good catch.


152 posted on 05/23/2006 8:51:00 AM PDT by Jezebelle
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To: Waterfall
I'm nominating this fine young lady for the Miss Ebonics U.S.A. pageant...she can be "Miss Idaho".
153 posted on 05/23/2006 8:51:27 AM PDT by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: bjc
There are some lawyers in that area who are very PO'd. They are just waiting to start disbarment proceedings. Why they are waiting, I don't know. Probably waiting for the cases to be dismissed and the riots to end before they proceed.
154 posted on 05/23/2006 8:53:17 AM PDT by ladyjane
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To: abb; All

The SANE protocol for NC:

A Toxicology Screening is only necessary when there is sufficient cause to believe that a drug was used to facilitate a sexual assault. The following symptoms displayed or reported by or about a victim would render sufficient cause:

1. Victim appears disproportionately inebriated in relation to the amount of alcohol they consumed. (Victim may not have consumed any alcohol)

2. Victim is unable to stay awake and remain conscious.

3. Victim exhibits sudden and unexplained drowsiness.

4. Victim exhibits trouble with motor coordination.

5. Victim exhibits impaired judgement, lack of inhibitions,
dizziness, or confusion.

6. Victim reports brief periods of memory loss.

If there is sufficient cause to warrant a Toxicology Screening, follow the guidelines below:

1. Collect a urine sample in the sterile cup provided in cabinet#118. Label the urine container with the victim’s name and Medical Record Number, date and time collected, and your signature.
2. Collect two gray top tubes of blood. (This should be collected along with the purple top tube requested in the North Carolina SBI Evidence Collection Kit). Tubes are located in Cabinet #118. Label the tubes with the victim’s
name and Medical Record Number, date and time, and your signature.
3. Samples should be refrigerated at the earliest possible time to ensure that the specimen remains intact. (there is a refrigerator in the lab that can be used if law enforcement is not available to take possession of the specimens in a timely manner (i.e. less than 2-hours).
4. Notify law enforcement of your concerns relating to the
victim. Have specific details available to substantiate your concerns.

http://www.nccasa.org/SANESART/SANE...mHealthcare.pdf


155 posted on 05/23/2006 8:54:21 AM PDT by toldyou
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To: Jezebelle

http://images.ibsys.com/2006/0523/9258201.jpg


156 posted on 05/23/2006 8:55:17 AM PDT by ltc8k6
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To: bjc
I've seen our bar censure and take licenses for less than this. Anyone can file a complaint. It MUST be investigated to its' end. My license (not attorney) operates under the same type of system.

Don't forget, Bubba had his license suspended for 5 years in Arkansas and he can NEVER practice before the Supreme Court and he "never had sex with that girl". Surely, if ANYONE could have gotten away with being disbarred, it was he.

157 posted on 05/23/2006 8:59:44 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: ladyjane
"There are some lawyers in that area who are very PO'd. They are just waiting to start disbarment proceedings."

Oh do I ever hope you are right. To borrow a few words from Paul McCartney:

"Let it be, let it be. Yeah

There will be an answer, let it be."

158 posted on 05/23/2006 9:00:25 AM PDT by Enterprise (The MSM - Propaganda wing and news censorship division of the Democrat Party.)
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To: toldyou

OOPS! Link doesn't work. Sorry.


159 posted on 05/23/2006 9:03:32 AM PDT by toldyou
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To: abb
"Too late for WRAL, I'm afraid. The News Reporting Agency of Record (Free Republic) now has a copy of the document..."

LOL - oops! Looks like WRAL got stung by NRAR.

160 posted on 05/23/2006 9:05:45 AM PDT by Enterprise (The MSM - Propaganda wing and news censorship division of the Democrat Party.)
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