Defense Calls for Evidence in Duke Rape Case

WTVD/Durham ^ | May 22, 2006 | AP

[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.

[Neverforget01]

Susan: This case shouldn't be dropped. But it might be difficult to prove it beyond a reasonable doubt.

No case but prosecute anyway--Imagine these poor kids and their families.

[Locomotive Breath]

I posted a long time ago that Nifong is counting on just what you describe.

[pepperhead]

Filan still hanging with CGM--how pathetic for her.

You know some anchor should ask all this pathetic people still sticking up for the FA if they will be willing to pick up the court cost for the defense if they are found innocent.

[JLS]

Then the second DNA "linking" DE to CGM made it certain enough to charge DE.

According to defense attorneys, the second DNA showed nothing about the third player indicted. The inconclusive results were what the state crime lab found or the private lab found the same thing the state crime lab found. Nifong asked the grand jury to indict the third player with the same evidence they had on him when they did the first two indictments.

[Locomotive Breath]

Susan: If this case goes away then I'll have to find some other damn thing to talk about and I don't wanna.

[Neverforget01]

One would think these people would have more pride in themselves and their profession rather than looking so foolish.

[Locomotive Breath]

I had not recalled that the first DNA found the fingernail evidence. Or did it and the defense just not talk about it?

Nifong may have been hoping that the more better private lab was going to produce a complete match with their "more sensitive" methods. When it didn't he went with what he had on hand (sic).

[JLS]

Rape Nazi says it's extremely rare to have tearing.

Remember in CO v. Bryant when the rape nazis tried to argue it is very common for rape victims to go have sex with their boyfriend/husband right afterwards?

[Peach]

Abrams: Susan Chassens, president elect of Academy of Forensic nurses and an expert in rape cases. Focus on what we know about the medical report. How significant that no tearing and that she changed story.

Nurse: Not unusual that no physical findings were found. So many factors regarding injuries. Injuries aren't always present in a sexual assault.

Abrams: In an affadavit for a search warrant they say there are signs of a rape, it seems there would be some evidence that she was assaulted.

Nurse: There could be redness in the area. Abrams confirms there was redness. It's not conclusive because sexual assault is a legal term, not a medical term. It's difficult to come up with conclusive medical evidence.

Yale: Defense attorneys are elated after gonig through treasure trove of material. We thought case was weak before, but it's worse than imaginable. We know she told inconsistent stories. But lte's look at bottom line story. Nifong indicted boys because they presumably raped her for 30 minutes in the bathroom without using condoms. We know no DNA and no toxicilogy done. If they had intercourse with this woman, some of there DNA would be there. There would have been a transference of some skin cells.

Abrams: Karen Costello has seen some of the documents.

Carolyn: 3-4 pages of officer who responded at Kroger. He indicated accuser was unconscious but perhaps she wasn't really. Waved amonia under her nose. Another officer takes he rto psych facility. She says that she and Nicki were at party and when they went to leave, the boys came to the car and she and Nicki got into an argument and the boys took her from the car and groped her but didn't rape her.

At this point, she's saying she wasn't raped. Then a doctor comes out and says she was raped. So the officer goes back to the accuser and she says she won't talk to him.

Then the case becomes a rape investigation.

[Peach]

Abrams: Rape victims who face trauma have trouble opening up to a uniformed officer. What I don't buy is why did she lie and say that Kim Roberts was in the bathroom with me when I was getting raped.

Susan: We don't know she specifically said Kim wasin the bathroom during the physical assault. We could be taking it out of context or she was hysterical. If they were groping her getting out of the car, that could be the physical assault.

Abrams: They were charged with rape and if that's what happened, this is an outrage. Either a rape happened or it didn't. I don't want to hear about groping on the front lawn.

[Locomotive Breath]

Thanks! Who's "Nicki"?

[Peach]

Nicki is apparently the name that Kim was using that night; Nicki is Kim.

[mystery-ak]

Thanks! Who's "Nicki"?



Kim...I guess Nicki is her stage name...lol

[Locomotive Breath]

Ah ha.

[SirJohnBarleycorn]

Who's "Nicki"?

They said it's the name Crystal apparently was using to refer to Kim.

[Peach]

That argument used by the rape nazis during the Kobe case was the most unadulterated baloney I've heard in a loooong time.

I know someone who was raped and most women do NOT go home and have sex with their boyfriends/husbands after being raped.

Do these rape nazis really think we're all that stupid?

[pepperhead]

Either a rape happened in that bathroom or it didn't. I don't want to hear about groping. - Dan Abrams

Way to Dan, don't let Susan get away with that garbage.

[Howlin]

What a mess. I wish I had time to read it all.

Back later tonight.

[JLS]

I had not recalled that the first DNA found the fingernail evidence. Or did it and the defense just not talk about it?

They did talk about it sort of. They said the DNA matched no lacrosse team member. That is true. There is not a match. Not all team members could be excluded and the third indictee was one of those, two I think, who could not be exluded. [Remember the DNA that did not exclude the third indicted player also could not exclude some number in the private labs 5000 or so control samples.]

Nifong may have been hoping that the more better private lab was going to produce a complete match with their "more sensitive" methods. When it didn't he went with what he had on hand (sic).

I agree. I also wonder if in an attempt to lower future Durham liability someone made the call that he would not be indicted until after he graduated.

[Peach]

Thinking about you.