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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: All

They must do things differently in NC. This woman has a history of alcohol and drug use. She still owes money to the court (and others) for trying to run over the cop, among other things. This incident happened when? 2001/2002? She had to do mandatory drug testing as part of her probation. Why is she not in jail for not completing her probation?? And while I'm at it, is the IRS going to investigate this liar's tax returns?


261 posted on 05/23/2006 11:22:06 AM PDT by IamHD
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To: JLS

<< I suspect the money is the key element that caused her not to want to leave Kim's car and led to Kim trying to dump her at Krogers. >>

The cop said she was actually passed out when he first encountered her in Kim's car. Kim said she couldn't get any info from Crystal about where to drop her off because Crystal was passed out.

Are both Kim and the cop lying? Isn't the simplest explanation that Crystal was in fact passed out from the time the lacrosse player loaded her into the car until the cop first encountered her at Kroger? Doesn't that explain why Crystal didn't simply tell Kim where to take her or simply get out of the car when they pulled up at Kroger?


262 posted on 05/23/2006 11:22:19 AM PDT by SirJohnBarleycorn
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To: JLS

I thought I read somewhere??? that it was 36 hours before the police even interviewed Crystal.


263 posted on 05/23/2006 11:22:36 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Jezebelle
The accused may not have to pay for the DNA tests, but you may rest assured that the remainder of the investigation is on the parents' tabs. I would have gladly paid for a DNA test, if that's all that was required. It's all the Private Investigators, the attorneys' time in going over the volumes of nonexistent evidence (in this case). It's getting down to the background of the accuser, its interviewing the witnesses, investigating their backgrounds. A DNA test is a down payment on a hula-hoop by comparison.
264 posted on 05/23/2006 11:22:58 AM PDT by Constitutions Grandchild
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To: Dukie07

Nifong probably did look over the documents being turned over, at least in terms of different major pieces. A subordinate would have prepared and checked the file for completeness first. Nifong was mandated to turn it all over. He's up against a good defense team, and it would be foolish to hold anything back because this team is going to find it out which would place Nifong in jeopardy, whether he intended to use it at trial or not.


265 posted on 05/23/2006 11:25:42 AM PDT by Jezebelle
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To: JLS
Federal Civil rights action. section 1983. Jurisdiction in Federal court. Attorney's fees can collected via the Kennedy amendment. Its coming.
266 posted on 05/23/2006 11:26:25 AM PDT by don'tbedenied
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To: SirJohnBarleycorn
The cop said she was actually passed out when he first encountered her in Kim's car. Kim said she couldn't get any info from Crystal about where to drop her off because Crystal was passed out.

Are both Kim and the cop lying?


Nope, I suspect as other here have conjectured that the "passed out" was an act. Mangum certainly sobered up real quickly when it came to that tox screen, where she wanted to be taken ect.

With Kim, Mangum might have been trying to get her to take her home. Kim might have been afraid someone would search here there and see that she came out of the deal with more cash than Mangum? With the cop, Mangum may not have at first realized it was not the Kroger rent a cop. She did not want to be dumped at Kroger by Kim.
267 posted on 05/23/2006 11:29:13 AM PDT by JLS
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To: SirJohnBarleycorn

You might want to read the criteria again, and think about her condition when the cops arrived at Kroger.


268 posted on 05/23/2006 11:30:34 AM PDT by Jezebelle
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To: JLS

Was falling down the back stairs at the house and lying on the ground passed out (according to the lacrosse players) also "an act"?


269 posted on 05/23/2006 11:31:53 AM PDT by SirJohnBarleycorn
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To: Sacajaweau
I thought I read somewhere??? that it was 36 hours before the police even interviewed Crystal.

Of course you also could have read about a broom handle, terrible injuries etc. In this instance if the press were sort of near the truth, I would suspect it was that she did not sign a sworn statement for 36 hours. They certainly interviewed, ie talked to, her soon. Now maybe their is a formal interview compared to just talking to her in the DPD lingo?
270 posted on 05/23/2006 11:31:56 AM PDT by JLS
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To: Jezebelle

<< You might want to read the criteria again, and think about her condition when the cops arrived at Kroger. >>

You might want to read the ESPN article with the interview of the source AT THE HOSPITAL, and think about her condition when the hospital personnel were observing her.


271 posted on 05/23/2006 11:32:56 AM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn
Great points.... I believe as you do that she was likely konked goofy as a result of the fall on the back porch, more so than drugs or alcohol...

I know from personal experience that immeidately after a concussion you want to lie down and hang on tight to something to keep from moving, period. I've had a few in my younger days...

It would be interesting to know if any of the symptoms of a concussion were observed and noted in either of the examinations...

272 posted on 05/23/2006 11:33:03 AM PDT by darbymcgill
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To: IamHD

No, Mangum paid her fines and restitution when she pled out to the misdemeanors, according to her attorney at the time, Woody Vann. It's Kim who still owes a ton of money for her embezzlement conviction.

The IRS isn't likely to investigate.


273 posted on 05/23/2006 11:33:29 AM PDT by Jezebelle
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To: don'tbedenied
Federal Civil rights action. section 1983. Jurisdiction in Federal court. Attorney's fees can collected via the Kennedy amendment. Its coming.

Great, I am looking forward to it. I would love to see a cross of Nifong.
274 posted on 05/23/2006 11:35:07 AM PDT by JLS
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To: SirJohnBarleycorn

And, with her condition as such, even if she straightened up somewhat by the time she got to DUMC, there would have been enough residual effect of drugs or alcohol that the SANE nurse, if doing her job right, should have wanted a urine test.


275 posted on 05/23/2006 11:36:17 AM PDT by Jezebelle
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To: darbymcgill

It would be interesting to find out if Crystal told the SANE person that she fell down the stairs or that some of the bruises are old. We don't know what the interview with the SANE person contained and/or if it was recorded.


276 posted on 05/23/2006 11:36:28 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: JLS

It was 31 hours before she gave details of the rape allegations, and that was not made up by the press. When questions were first raised as to why it took so long for the police to execute the search warrant at 610 N. Buchanan, that was the explanation for the delay, as reported in the press, which explanation apparently came out of the police department.


277 posted on 05/23/2006 11:37:29 AM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn
Was falling down the back stairs at the house and lying on the ground passed out (according to the lacrosse players) also "an act"?

I am not trying to say she was not drunk. I am saying she was probably not passed out drunk in the car some time later.

She fell. You can do that drunk or sober. She took some time to gather herself. She might have been stunned a bit. I know when I fall down, sober or drunk, I take a minute to inventory myself to see if I am hurt. It is not surprising that someone who fell on steps might be helped to the car sober or drunk.
278 posted on 05/23/2006 11:39:54 AM PDT by JLS
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To: SirJohnBarleycorn
It was 31 hours before she gave details of the rape allegations...

Again that might be the time it took for her to settle on one story [randomly repeat a story twice] and sign a sworn statement. The warrant likely required a sworn statement. That might not mean the police did not talk to her before then.
279 posted on 05/23/2006 11:42:38 AM PDT by JLS
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To: SirJohnBarleycorn
t was 31 hours before she gave details of the rape allegations, and that was not made up by the press.

Correct, that was also the city manager's evidence that the police were "taking seriously" the AV's charges... They "immediately" produced a search warrant right after they got her "finalized" statement on the 16th....

280 posted on 05/23/2006 11:43:49 AM PDT by darbymcgill
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