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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: pepperhead

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.


221 posted on 05/23/2006 10:28:50 AM PDT by ltc8k6
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To: sissyjane
I think you've about covered it!! ;>)

He missed Evans wearing a Groucho Marx mask. Because you know the FA was 90% on him if he had a mustache. ;)

222 posted on 05/23/2006 10:30:09 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: snarkytart

Nancy Grace must be having a fit....

Still, this case will go on. Something is driving it on. Wish I knew what.


223 posted on 05/23/2006 10:30:30 AM PDT by ltc8k6
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To: snarkytart

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?


224 posted on 05/23/2006 10:30:43 AM PDT by Mad-Margaret
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To: twigs
Did someone get to her and convince her to change her story? Why?

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...

225 posted on 05/23/2006 10:30:57 AM PDT by darbymcgill
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To: billbears
This isn't news!! Every station here in Raleigh is doing extra due diligence on hurricane week. I swear I've never seen so much coverage on getting ready for hurricanes. Duke case? Maybe in October when hurricane season is over.

_____
That is Durham local news. Unfortunately for NiFong, the cable news shows that are seen internationally,
like Abrams, H & C and Greta need stories to fill their 60 minute show everyday, and they will not let this case go.
**SEE ARUBA**

I will not let it go either, not until this young men are acquitted or charges are dropped.
226 posted on 05/23/2006 10:34:03 AM PDT by snarkytart
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To: darbymcgill

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.....


227 posted on 05/23/2006 10:34:14 AM PDT by ltc8k6
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To: Vn_survivor_67-68

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.


228 posted on 05/23/2006 10:34:52 AM PDT by Jezebelle
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To: GAgal

"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!


229 posted on 05/23/2006 10:34:55 AM PDT by toldyou
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To: All
I watched H&C last night and received the news I had been waiting for from Sean and Meghan. Even the Prosecutor, Jillian Whatever, said this revelation is a block buster. We all have the same questions, why did Nifong proceed.

My gut instinct is Nifong didn't bother to investigate beyond his nose because the cost would have been extraordinary. You will find (as in our case) the bulk of investigatory work is paid for by the families of the accused. What did Nifong have to lose. He gets the publicity, saves the taxpayers money by throwing the weight of the cost of investigation on the accused, he gets elected and it's no skin off his nose if AV loses. She wasn't going to be one of the pillars of the community anyway. It's a win-win situation. I felt better after Locomotive Breath scared the liver out of me yesterday with speculation over the photographs not be admitted :-) when I saw the reaction of the panels on H&C and Greta. I believe, however, that's why Nifong went ahead -- callous indifference -- no dog in the fight -- except his re-election.
230 posted on 05/23/2006 10:39:09 AM PDT by Constitutions Grandchild
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To: Jezebelle

>>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.


231 posted on 05/23/2006 10:40:47 AM PDT by Mad-Margaret
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To: darbymcgill

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.


232 posted on 05/23/2006 10:43:54 AM PDT by SirJohnBarleycorn
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To: pepperhead

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.


233 posted on 05/23/2006 10:44:18 AM PDT by Sue Perkick (...heavy strings, tune low, play hard and floor it. Floor it. That's technical talk....)
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To: ltc8k6

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.


234 posted on 05/23/2006 10:44:52 AM PDT by Jezebelle
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To: pepperhead; All

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.]


235 posted on 05/23/2006 10:46:19 AM PDT by JLS
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To: snarkytart

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


236 posted on 05/23/2006 10:47:56 AM PDT by billbears (Those who do not remember the past are condemned to repeat it. --Santayana)
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To: JLS

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.


237 posted on 05/23/2006 10:48:22 AM PDT by Sue Perkick (...heavy strings, tune low, play hard and floor it. Floor it. That's technical talk....)
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To: ltc8k6

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.


238 posted on 05/23/2006 10:49:09 AM PDT by Jezebelle
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To: JLS

No leg to stand on, either.


239 posted on 05/23/2006 10:49:23 AM PDT by toldyou
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To: Jezebelle

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.....


240 posted on 05/23/2006 10:50:15 AM PDT by ltc8k6
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