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 ...
Did that article say the person was at DUMC? My recollection of the article is that the person who spoke about her behavior and the red nightgown were at Duke Access.
In either case, if she was behaving strangely at either facility, babbling incoherently, yelling and carrying on the way this person described, and was passed out when the cops arrived at Kroger's, drugs should have been suspected.
That leaves us with either the SANE nurse falling down on the job or Mangum refusing the test. Based on what we know about Mangum so far, it seems more likely to me that Mangum refused the test rather than it being a failure of the nurse.
Yes, that would be pretty funny. :>
I'll bet during that time she and her boyfriend were trying to figure out whether they were better off going ahead with the false accusation and making a sworn statement, or changing her story once again and suffering whatever consequences there would be from that. Apparently they came to the conclusion that to press ahead with the false accusation would be better for them.
I have followed this matter closely since it began. In fact, it was this matter that finally compelled me to register and start posting. I started reading posts here, and following links here. Someone linked a crazy thread at DU, so I got to see some of that and understand what the DU talk was all about.
I have lurked over there to read the comments on this subject and the whole thing with Jason Leopold. They're NUTS over there!
I have not seen any mention at DU lately of the Duke scandal. Boy, they were all over the rich, white, males of privilege the past two months. They even had a hooker who posted a bunch as an "authority." Like Crystal and Kim, she claimed to be a "dancer." Right, dancing on genitals for money. It's called prostitution.
It was hilarious. Anyone who didn't toe the party line had their posts removed. It's a snake pit over there.
Duke Hospital, not Durham Access. It didn't say she was babbling incoherently, it said she was screaming and yelling and that she wouldn't allow a male nurse to deal with her.
Thank God the boys were smart enough to take pictures and lock in a time frame.
Some of the freepers with some legal background might want to do some research into the past cases prosecuted by this DA. Does he have a history of playing fast and loose with evidence? I don't believe that someone suddenly starts operating this way. I think there might be some revealing things in previous cases. Wouldn't know where to start looking though.
She really looks fine (not "fine" by not messed up, well you know what I mean) at the top of the steps in the 12:30:12 pic and she's noodling around in her purse or makeup bag at 12:30:47, still doesn't look too bad, then boom... falls down the steps and once in the car she's really messed up (Kim: "you should have seen how out of she was")...
I haven't seen that close of a picture of the back steps but I counted 7 concrete covered brick steps on the front porch.... If she trips on that junk pile on step #2 and goes a$$ over tea kettle down 6 or 7 steps, ricocheted off the house and the guard rail, it's no wonder she went goofy so "quickly".
But in order for her violent rape story to fit, I can't imagine her telling the SANE about the fall...
There is nothing I have seen to indicate that Crystal "moved on her own" after she fell down the steps.
To the contrary, in the news reports I have read describing the photos, she falls down the steps at around 12:32 and lays on the ground pass out for some time, until a kindly lacrosse player helps her to the car at 12:41. And I recall reading one report that indicated she had to be carried. So it appears she was out cold for nearly 10 minutes before being loaded into the car.
Where did you read that Crystal got up on her own?
From The N&O:
"Across the state, rape detectives turn to lie detector tests to gauge the honesty of some women who say they've been assaulted. The tests are rarely imposed on people who report other crimes, such as car thefts or home invasions, officials say. But they say it's sometimes the only way to sort through conflicting, murky testimony on a crime often devoid of solid physical evidence."
http://www.newsobserver.com/710/story/442557.html
They have a photo of her at 12:37 still passed out on the ground from her fall five minutes earlier. So it appears that she was more than just a "bit stunned".
Hey, we all have our own speculation. I simply see no reason to believe that the passing out from the time she fell down the stairs until the cop roused her out of Kim's car was simply "an act."
<< Then she moved and at least they knew she was alive. >>
And actually, we DON'T know if in fact she "moved" prior to the point in time one of the boys went to help her up and get her into the car.
Agreed, this ain't the AV's or the BF's first rodeo... They know how to game the system... If she says she wasn't raped then she becomes the bad guy... If she claims rape then someone else is the bad guy...
And like Kim said... "if they aren't guilty then just brush if off"...
A photo only shows a second of time. You need a series to convince me that she was passed out. Stunned and passed out are two different things. Think about falling. We open our eyes and it is several moments before we "try things out".
When were the boys first interviewed?....Without their attorneys present?
It's not just the photographs. The defense version is that she was lying down on the ground, appearing to be passed out, for some time. Kim's version is that she wasn't conscious enough in the car for her to get any information out of her as to where to take her. And then the cop observed her, and said she appeared to be passed out.
But you're free to believe she was "just acting" if you wish.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.