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 ...
Okay, I'll take your word for it that it was at DUMC, not Duke Access.
If she was behaving erratically at DUMC, it still follows that the SANE nurse should have suspected drugs, especially in view of the condition she was in when the cops picked her up, so I still don't see your point. She was yelling and behaving erratically at the hospital and picked up heavily under the influence of something, and that's that.
Somebody with local knowledge would be in a position to do that.
I don't know either way, but I'm having trouble reconciling passed out drunk with the death grip on the brake handle.
Yah... "immediately", right before then...
If, as Crystal told police, Kim was in the bathroom during the rape, then perhaps Kim was the one applying fingernail polish to Crystal's nails as she was being raped (hence the pink streaks on the back railing from her fall). And since Reade was on his cellphone to his girlfriend while he was raping Crystal, perhaps he was asking her for advice on the fingernail polish matter.
I seem to recall the defense believing CGM had not had sex with anyone which leads me to believe Nifong either left out evidence or doctored evidence. Nifong knew, since he asked whose it could be.
Could ethics charges be brought against him for not disclosing or misleading defense attorneys?
At the risk of being ostracized by my fellow freepers (lol), I must report that Hannity will be reporting on the DukeLax case today. Probably in the last hour. Unfortunately, he's got Mr. Potato(e) Head (Russert) on his show today...
I've seen it before, but thanks for posting it again. It's hard to tell from that if she still owes the money or not. It hasn't been updated since a month after the conviction date. Her attorney at the time said she paid it immediately as a term of her probation, so it's hard to say. I tend to not trust the information on the record, and it's not clear if they're saying that's what she paid or was supposed to pay. If the date wa current, I would trust it more. Her lawyer said the sum she paid was about $4000 and she paid it the day after her plea was entered. Besides, that information is for a public access website, and it may not update automatically from the source. I don't put a lot of stock in it.
<< When someone is passed out when it suits them and sobers up quickly when it suits them, I suspect an act. >>
I actually agree with that. But in this case, based on what has been reported, it appears that the cop grabbing her and physically removing her from Kim's car and then physically taking her to the police car and placing her inside is a logical and natural explanation for what caused her to wake up, or begin to wake up (together with about an hour of time having passed since her fall).
Hmmm... bright red or pink with a red see through teddy, mesh nylons, garder belt, and one white six inch heel?
Go with the pink... definitely...
Two of the supposed perps left 15 minutes before she fell for cripes sakes. If there were three boys in the bathroom, the two having left would exclude the third player as a perp. Either they were all together or they were separated. You can't have it both ways.
So why did NiFong only go for two indictments at first? Excluding the element of time, it's the third indictment that messes things up. Think it has something to do with WHO his parents are??
I have yet to see a definitive statement that only one person's semen was found in the AV. It's been said that 'some' was found and a single match made.
I suspect there were multiple different types found. That's why three players were accused and three 'friends' were sampled.
I don't suppose it's very relevant at this point. Imagine, *eight* in one weekend!
My apologies, I misread your post... If I recall DE's statement, he went down following the execution of the search warrant which was the evening of the 16th... I think that's right...
<< I don't know either way, but I'm having trouble reconciling passed out drunk with the death grip on the brake handle. >>
My take is that when the cop grabbed her body and started trying to pull her out of the car, she began to come to and, not fully realizing exactly where she was or what was happening to her, instinctively resisted. As someone just posted, when one comes to, it takes a few moments to become aware of things.
Not for that alone. Remember, there were no indictments at that time.
Same day their house was searched - March 16.
Thanks for your answer. I remember there were no indictments, but all 46 gave DNA (therefore all suspects). Had defense attorneys been told there was semen DNA from a non lacrosse player would indictments ever have come at all? Something seems very wrong about a DA withholding this information.
I guess I still can't get over indictments without the accused ever being brought in for questioning or given an opportunity to present exculpatory evidence. There's something "third-worldly" about this whole NC process.
I read they used smelling salts, so she may have been jarred awake,
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