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 ...
Reminder: Abrams coming up.
Thanks. I have it TIVO'd for watching when I get home. Let me know if there is anything I can't wait two hours to find out. : )
Abrams says the new information doesn't help the DA and if it's all true, it's time to drop the charges.
Abrams going through how many times the stripper changed her stories.
No vaginal or anal tearing; just swelling.
After first round of DNA came back without a match to the lacrosse players, the DA asked who else the semen could have come from. The stripper said it could be her two drivers and/or her boyfriend.
Abrams says unless a player is going to testify against another player, it's time to drop the charges. But, he adds, if the DA did have a player who was turning in the other players, he would have to have turned that information over to the defense.
is msnbc available online live?
Filan still hanging with CGM--how pathetic for her.
This thing needs to be dropped before trial. I'm very concerned that voir dire in Durham will produce a predominantly black jury, and that any juror who does not agree with them will be turned into a racist, and succomb to the peer pressure, no matter how utterly ridiculous this case is on its face.
Susan Filan, Rape Nazi, is saying it's not unusual the woman started changing her story.
Abrams says that taking all the information together, not just the changing story, means the case should be dropped.
Susan wants to go through each issue one at a time and Abrams says he won't do that; he want to look at the totality of the circumstances.
I don't know.
Rape Nazi says it's extremely rare to have tearing. Which is absolute BS.
Perhaps this is too obvious, but for one of the players to "turn" there would need to be a crime.
I'm not aware of any evidence for a crime other than underage drinking.
she had sex with 3 men prior to the party....this case is sooooooooo over..
Abrams: I blame the DA for this and doesn't know what led the woman to say this rape happened. Unless the DA has more, it's time to drop the charges.
Yale: In the warrant, the DA wasn't forthright in the information he had. Susan's right - there's tenderness. But let's face the fact, she had sex with 3 men near the time of the Duke party. Yale says he gets this from the defense.
Abrams: If anyone is in with the defense, it's you. You haven't been wrong about anything so far.
Yale: Verified by two independent sources who read the documents to me. The bombshell is that even if Susan is right and rape victmis vascilate, what they don't do is say there was someone else in the bathroom with me! But Kim says that is an absolute crock.
And the stripper told police that Kim was in the bathroom at the time of the rape. Kim denies this.
Apparently it was EIGHT men that weekend. Three didn't wear condoms. eewwwww
Abrams: Not a single piece of evidence consistent with a rape apart from the fact that is what she said at one time as opposed to other times when she said there wasn't a rape.
Abrams: Susa, you're talking like a defense attorney. You take a single piece of nothing and make a case around it. We're looking at the totality of the evidence.
Susan: This case shouldn't be dropped. But it might be difficult to prove it beyond a reasonable doubt.
Abrams: I don't care about the DA's cannon of ethics - I'll let the lawyers dispute later.
break
Coming up, president elect of forensic nurses
Gawd.....so much for being a stripper...
<< 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. >>
toldyou posted this earlier:
http://www.freerepublic.com/focus/f-chat/1636586/posts?page=155#155
A Toxicology Screening is only necessary when there is sufficient cause to believe that a drug was used to facilitate a sexual assault. The following symptoms displayed or reported by or about a victim would render sufficient cause:
1. Victim appears disproportionately inebriated in relation to the amount of alcohol they consumed. (Victim may not have consumed any alcohol)
2. Victim is unable to stay awake and remain conscious.
3. Victim exhibits sudden and unexplained drowsiness.
4. Victim exhibits trouble with motor coordination.
5. Victim exhibits impaired judgement, lack of inhibitions,
dizziness, or confusion.
6. Victim reports brief periods of memory loss.
If there is sufficient cause to warrant a Toxicology Screening, follow the guidelines below:
*******
Okay, so we know that at the hospital she was yelling, and wouldn't let a man deal with her, and claimed she was beaten and sexually assaulted. We don't know, as you say, that she was "behaving erratically," at least beyond what a brutal rape would by itself account for.
1. The yelling, and the refusal to allow a man to touch her, to a SANE nurse, may be consistent with the trauma of having just been attacked, and would not mean to a nurse who did not otherwise have knowledge of what Crystal had drunk or ingested, that she was inebriated.
2. She was clearly conscious at this point.
3. Again, she was up and yelling during this time.
4. There is nothing in what the interviewee at the hospital said to indicate this.
5. Again, there is nothing in what the interviewee at the hospital said to indicate this. The SANE nurse may not necessarily have known everything that Crystal had told police, which might indicate confusion, and anyway may be simply consistent with the trauma of being the victim of a brutal attack.
6. Again, no basis for this at the Hospital.
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