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 ...
Thanks for that link; I sent it to a few e-mail friends.
Regarding the Governor, if I were he, I'd sooner say that I made a mistake, that Nifong is in clearly over his head, and remove him. But I've read all your posts about how the Governor will probably not do that and concur.
The story is on Fox now.
OK.
Looks like it is basically the same info as last night.
The SANE report indicates there was no tox screen done in connection with the SANE report. I cannot see how this rules out that one was ordered and done separately. Also, the blood specimens taken are evidence, and the cops/DA could possibly have had the DNA blood specimens from her evaluated for drugs as part of the criminal investigation, of which includes a not-so-secret interest in drugs re CGM, with instructions to the lab(s) for verbal report only at this time.
I believe that the SANE report is a standalone limited by its content.....and the "criminal investigation" has its own independent prerogatives and contingencies.
Dang she is a hard worker. I bet her parents are so proud. ;)
Just bravado. I think Nifong believes that by withholding the evidence & slowing the process down, these boys will cop a plea to just make it go away. Then he can claim again the they don't want to go up against him. Even though they're innocent, he still wins. I also think Nifong has no idea who he's messing with. I just don't see them backing down.
I am so mad.. I have my PVR set to record 24 automatically every week... When I checked early yesterday the menu said the whole 2 hours was scheduled. When I later flipped to the menu to watch it... It showed only 1 hour recorded...
Ohhhhh... I'm mad... Now I'll have to wait til Sunday... Not one of my favorite seasons.... wayyyyyyy too much PC... but still....
Has "Drivers" become slang talk for "Pimp?"
Yes it has, and "Dancer" is slang for "Hooker" in some MSM circles.
I'm saying there is a "NO" box and that is what was checked. The form calls for a yes or no answer to an inquiry of toxicology performed. The answer was "NO". Understand?
"Just bravado. I think Nifong believes that by withholding the evidence & slowing the process down, these boys will cop a plea to just make it go away"
Even Nifong is not that stupid.
I didn't start watching the Sopranos until the third season (after I caught up with the DVDs). Now I'm hooked!
Releasing a past season of a hit show before the next season begins is the smartest thing these TV producers have ever done. They make money off the rentals... they hook more fans... They should have been doing this long ago.
LE would have to get a court order to order a drug testing of a victim's blood or urine. Nobody on that side of the case is going to do that because a date-rape drug would no longer show up in the samples. The time to do that has passed.
The tox screen is via a urine sample. It wasn't done.
Either CGM refused it or the SANE nurse saw no need to do it. I am betting on the former.
Nifong could be playing games with a separate tox screen, but I doubt it. It would look awfully fishy in court. Why couldn't the screen be done during the exam?
Nifong based his whole date rape drug idea on Kim's testimony about the drinks. That's it. That's all he ever had.
"What if I had a witness......"
Nifong's theme song.
Realy fishy.....
The judge, like Nifong, has to get reelected.
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