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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: BeHoldAPaleHorse
NiFong went to the second lab "Personally" to pick up the report. Did he also handle the evidence?

Did he also go "Personally" to pick up the first report from SBI?? AND handle the evidence?

Did he go to the second lab because he has a "friend" there and not because the first lab couldn't certify to some things which is what NiFong said.

OR was it that between the first lab tests and the second lab tests, he found out about the boyfriend and the 2 drivers.

181 posted on 05/23/2006 9:41:33 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Mad-Margaret
I TIVO'd both "24" and "Alias". My wife and I watched 24 last night and saved Alias for tonight.
182 posted on 05/23/2006 9:41:58 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Sacajaweau; LK44-40

http://www.newsobserver.com/208/story/232426.html

If I recall, these prosecutors got a written reprimand.


183 posted on 05/23/2006 9:42:19 AM PDT by Protect the Bill of Rights
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To: Jezebelle; Locomotive Breath

Re: Alias and 24

Please NO SPOILERS!!!! I had to Tivo both shows and cannot watch until tomorrow!!

:)


184 posted on 05/23/2006 9:43:37 AM PDT by Dukie07
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To: Peach

Gov. Easley (Democrat)appointed Nifong interim-DA, so publicly sanctioning him would reflect badly on his (Easley's) judgment. Easley supposedly has presidential ambitions and needs all the black voters he can get to even remain governor. The AG is another Dem who has gubernatorial ambitions.

Add in the corrupt Dem. Speaker of the House who is being investigated by the US Attorney's Office: http://www.news-record.com/apps/pbcs.dll/article?AID=/20060522/NEWSREC0101/605210332

No way will the Dems come down on Nifong. He's the least of their worries. Unfortunately, too many North Carolinians seem happy in their servitude.


185 posted on 05/23/2006 9:44:11 AM PDT by GAgal
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To: Fido969
If it is dropped, dismissed, of even if the girl recants - the left will scream conspiracy all day long.

The man at the court hearing who sat behind Fox reporters called out to Seligman "dead man walking." I'm very worried about these young men. If they are not convicted and jailed for most of their lives, I'm afraid that they could be in physical danger--vigilante justice. What could happen to Nifong for malpractice? Could HE go to jail? Or do we have to wait for him to be voted out of office?

186 posted on 05/23/2006 9:45:29 AM PDT by twigs
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To: Jezebelle

Well, what's interesting is that a "Tox Screen Performed" box is NOT checked. What that paperwork really needs is an alternate box to check "NO Tox Screen Performed". Otherwise the result is left ambiguous. Sorry, just being a compulsivo engineer.


187 posted on 05/23/2006 9:45:53 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Peach

The Governor will let it run its course since he was the one who originally appointed NiFong. NiFong will get reamed by the Bar Association. No License!! No DA job!! Governor gets to make another appointment and doesn't even get a scratch on himself. You think the Gov's laying low for nothing??


188 posted on 05/23/2006 9:46:19 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Dukie07

I wouldn't do that to you. And, as I said, I myself haven't seen Alias yet.


189 posted on 05/23/2006 9:46:51 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Peach

Fox article with last night's info:

http://www.foxnews.com/story/0,2933,196631,00.html


190 posted on 05/23/2006 9:47:51 AM PDT by GAgal
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To: Peach

I doubt that the governor can remove him, even though he appointed him, unless the documentation surrounding the appointment indicates it was a temporary appointment until revoked. Once his position in the seat changes to that of an elected official, the only way to get rid of him is to recall him, and that won't happen.


191 posted on 05/23/2006 9:48:32 AM PDT by Jezebelle
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To: Locomotive Breath

I'm gonna have to rent 24 on DVDs. Too many people I respect have recommended it.

As for the Duke rape scandal, when is this thing going to be dismissed? This is outrageous.


192 posted on 05/23/2006 9:48:56 AM PDT by Mad-Margaret
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To: GAgal
Regarding the 1,300 pages of evidence, sources told FOX News that the accuser allegedly did not tell the officer who met her at a supermarket after responding to a 911 call that she had been raped. Later, the woman told a doctor at a mental health facility that she had been sexually assaulted. She later denied that claim to a police officer when she arrived at the Duke hospital for care.

So the rape claim was simply to get out of the booby hatch.
193 posted on 05/23/2006 9:50:06 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Jezebelle
Quo bono? Who benefits from Nifong continuing this case?

You're asking the right questions. Certainly re-election is a strong motivation. But I've begun to wonder if there isn't more. The Black Panthers need an issue to appear relevant and they certainly don't care about truth or justice. And there's Crystal herself. Apparently, she didn't call it rape at first either, although there's differing reports on that. Why did she jump in with both feet when she knew that she had had sex with every man she came across that weekend--apparently except the lacross players. Did someone get to her and convince her to change her story? Why?

194 posted on 05/23/2006 9:50:43 AM PDT by twigs
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To: sissyjane

Don't forget, it was the special ruffie that the Duke students sit around and invent all day long as Wendy Murphy contends.


195 posted on 05/23/2006 9:51:37 AM PDT by Perdogg
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To: Mad-Margaret

I may have to do something like that once my homeschool year is finished (this Friday - YEAH). It seems like for all the good shows on TV these days, you have to be watching from day 1 to know what's going on. Basically this means I watch nothing but Fox and the occasional movie.


196 posted on 05/23/2006 9:52:48 AM PDT by wiltale
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To: El Gran Salseron
Has "Drivers" become slang talk for "Pimp?"

Always has been...in certain circles that is.

197 posted on 05/23/2006 9:53:00 AM PDT by jiggyboy (Ten per cent of poll respondents are either lying or insane)
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To: GAgal

Sounds little better than what we've seen with Louisiana.


198 posted on 05/23/2006 9:53:07 AM PDT by Jezebelle
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To: twigs

>>The man at the court hearing who sat behind Fox reporters called out to Seligman "dead man walking." I'm very worried about these young men. If they are not convicted and jailed for most of their lives, I'm afraid that they could be in physical danger--vigilante justice. <<

Does anyone really believe that either Reade or Colin will ever return to Duke? Even after they are exonerated, they're not gonna return. If they were my kids, I'd send them to Australia or Europe to finish their educations.


199 posted on 05/23/2006 9:53:16 AM PDT by Mad-Margaret
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To: twigs

Let's eliminate the simplest explanations first before exploring possible conspiracies. There is enough to suggest that Nifong conjured this up all on his own: Means, motive and opportunity.


200 posted on 05/23/2006 9:53:59 AM PDT by bjc (Check the data!!)
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