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 ...
The case should have been dropped when CGM had to name 3 guys who might have donated their semen to her recently.....
Nifong couldn't have known she had sex with 3 men when he was so sure the DNA would tell him who assaulted her. CGM must have lied to Nifong.
If Nifong knew about the 3 "partners" from the beginning, then he'd have to be insane to say what he said about the DNA test early on.
He missed Evans wearing a Groucho Marx mask. Because you know the FA was 90% on him if he had a mustache. ;)
Nancy Grace must be having a fit....
Still, this case will go on. Something is driving it on. Wish I knew what.
Is all of this latest stuff coming out what Hannity and Kimberly alluded to last Thursday when they said there was a rumor and it was a bombshell exonerating the boys, and if it were true, the charges should be dismissed immediately?
Is this it ... or is there even more?
Great question... These are my views as I've pondered that question recently.
The first cop on the scene was a male, calls in that she's drunk. She is being transported to the drunk tank by a female cop. Who would be more sympathetic to the plight of a single working mom, been in trouble before and about to lose her kids if busted again, than another woman in a similar position.
Granted this is 100% speculation, but how does she get herself diverted from the drunk tank to the rehab center in a matter of a few minutes? Also, how would she know that she could refuse a tox test during the medicals? Has she been through this before or did she get some counseling in route?
Something happened in the cop car on the way to the drunk tank that changed this from "I'm just another drunk ho", to "them rich white boys raped me"...
Osborn probably won't find any extemporaneous notes documenting the conversation during the ride away from Kroger's no matter how much "free will" search he gets to the DPD...
These days, if you are in the back of a police car, you are being recorded.
Would love to hear more details about Kim's response to CGM's claim that Kim was in the bathroom with her. Kim said "It's a crock!" apparently. Would love to hear the rest of that.....
Also, the report that shows that no tox was done is part of the entire medical report which is mainly the SANE report. When the patient meets certain criteria, the SANE nurse is supposed to try to get a sample for a tox screen. But this is something the patient has to consent to - it's not automatic. But because it's something they often do, there is a provision to note that on the SANE report. On the SANE report for this case, the box indicating no tox was done is checked. So, either the SANE nurse didn't obeserve any of the factors that would make such a test desirable or else Mangum did not consent to it.
Date-rape drugs are found in urine. There is no indication that we know of that a urine sample was taken. Even if there was a urine sample taken, it would have to have been tested within three days because the drug is not detectable beyond that. If that was ordered at the time, the SANE report would indicate that a toxicology test was done. The SANE report indicates that it was NOT done.
The point of the motion to get the report is most likely filed not because the defense believes there is a tox report but to call to the attention of the court that Nifong has misreprented this issue by implying through the media that a date-rape drug was used.
"Then someone got from the "drivers" that they had taken the FA to five motel/hotel "dates" the days/weekend preceding the party."
I'm so glad you posted that. I thought I was hearing things (on Hannity last night). Now look at Fox's article you posted:
http://www.foxnews.com/story/0,2933,196631,00.html
They refer to them as "gigs...dancing engagements."
The media is still trying to portray her as a "dancer."
Ugh!
>>The point of the motion to get the report is most likely filed not because the defense believes there is a tox report but to call to the attention of the court that Nifong has misreprented this issue by implying through the media that a date-rape drug was used.<<
Another motive might be to get a definite admission from Nifong that there is no tox report. He's been so cagey about whether such a report even exists.
The Fox reporting seems to be that she first cried rape at the Durham Center Access.
I'm thinking that what may have happened is, the first cop thinks she's drunk, and plans to take her in for a 24-hour hold. Another cop arrives on the scene, and they finally manage to identify the woman. They run her name, and discover that she has a history of mental issues and/or substance abuse with treatment having been done at Durham Access, so naturally the cops decide to take her there for evaluation and treatment by people familiar with her mental/substance abuse history, instead of to the drunk tank.
As the cops pull up to Durham Access (or maybe even after being taken inside), she realizes she doesn't want to be admitted (perhaps this incident would have been a final straw triggering some involuntary form of treatment) and then she comes up with the rape story.
Once free of Durham Access and when taken to Duke Hospital, she tries to change her story, but then realizes she'd better stick to the rape story throughout the evening until free of the authorities. She then manages to intimidate the hospital personnel by screaming and yelling at them and refusing to having anything to do with male hospital personnel.
I wonder if he thought at least something consensual happened. He probably thought he was at least going to have DNA. I would have like to have seen the look on Nifing's face when the results came back. The boys may be jocks but they're not as dumb as Nifong thought. It's going to cost them a fortune but hopefully they can get their lives back. A lot of others probably haven't been so fortunate.
I thought for sure Kim came up with the "drinks" AFTER Nifong alluded to a witness who could say that a drug was administered. The only ones who could say that would be the medical staff or the pers(s) who adminstered it. Kim could suggest it, but she would not be a witness to drugging - only the SUSPICION of a drugging. Of course, Nifong can and may well have intended to imply it was Kim who was the witness. But I'm almost positive Kim came up with that story after Nifong's hypothetical suggestion that he had a witness to a drugging of Mangum.
Ok let's review. Nifong now has:
1. Mangum's ever changing story or rape, IDs of four people who she claimed raped her, but curiously Nifong only indicted 3.
2. Kim's story that is was a "crock of [bleep]" that she was in the bathroom when Mangum was raped.
3. DNA from bodily fluid that is not consistent with any Duke lacrosse player.
4. DNA ON one "press on" nail from a trash can that is not inconsistent with with one of the residents of the house who also handled the nail in giving it to the police.
5. A SANE report consistent with PMS or sex or rape depending on how you want to look at it, I guess.
6. No tox report. [There may be one or not, but for evidentuary purposes he is saying he does not have one.]
7. Non-sexual injuries on the body and extremities of Mangum.
8. The New Black Panthers!
9. The Judge who is his former boss and needs to be reelected in Durham too?
Am I omitting anything? Can any one imagine a ace up Nifong's sleeve now? [BTW, someone on the CourtTV board cleverly said not only does not have an ace up his leave but he does not have a wrist or an arm.]
I know that. Most of the stations (except for the NBC affiliate) have dropped it. Which is sort of strange. The ABC affiliate, also in Durham, probably should have more on than they do. But they're knee deep into hurricane preparedness. I'm to the point I don't really care as I've heard about every angle imaginable through the local news (I don't waste my time on primetime opinion shows like H&C) but if they went back to it right now, it'd be a good respite from hearing Greg Fishel and Elizabeth Gardner talking about dern hurricanes that aren't here yet
I didn't expect it. But I'm glad to see the turnaround. Of course there are a few who will hang on to the bitter end.
Supposedly Mangum told the SANE nurse she hadn't had consensual sex for three weeks, but I don't know if that's been confirmed. The defense hasn't released that aspect of the medical report so far. The three week answer came out early on and I was never sure what the source was, but I have always tended to believe it could be true because Nifong was so sure the DNA test would come back positive on the boys. Obviously, if the SANE report indicated she said she hadn't had sex for three weeks, any DNA present in her body would have to have come from the suspects.
No leg to stand on, either.
I think I looked into that, and the newsweek story claimed Nifong hinted at it weeks earlier.
So we now know that CGM must have lied to the investigators at first. She must not have said anything about recent sexual activity to Nifong initially. That's why Nifong was so sure about the DNA tests.
I would be furious at CGM if I were Nifong.
Why would Nifong keep going after he CGM lied to him?
I wonder what's really going on here? I am not much of a conspiracy buff at all, but this is looking really strange.
Nifong appears to have had nada from the get go, and he appears to have known it as well.....
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