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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: JLS

"he would not be indicted until after he graduated"

Well you could be right but I don't see that level of common sense or compassion in operation here.


361 posted on 05/23/2006 1:30:54 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Peach
Do these rape nazis really think we're all that stupid?

They really do need to back someone who was actually raped sometime soon to regain any credibility at all, don't they.
362 posted on 05/23/2006 1:37:58 PM PDT by JLS
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To: All
I just saw Abrams, and came here to see if anyone on board has discussed that maybe the NC AG should get involved and ck out this Prosecutor?
363 posted on 05/23/2006 1:39:52 PM PDT by roses of sharon
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To: JLS
They really do need to back someone who was actually raped sometime soon to regain any credibility at all

Well put! I can't believe they aren't recognizing how much harm they're doing to future rape victims.

364 posted on 05/23/2006 1:52:17 PM PDT by Neverforget01 (Proud enemy of the DBM)
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To: ladyjane

She got the eight ball.


365 posted on 05/23/2006 1:55:08 PM PDT by Protect the Bill of Rights
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To: All

This is my first post. Are all these former prosecutors on these television shows just playing a part or do they really believe what they are saying? If they believe what they are saying, it would seem that we all are in danger of having our civil liberties violated.


366 posted on 05/23/2006 1:57:08 PM PDT by TBBBO
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To: pepperhead
Here's an email I just sent to Dan Abrams:

Dan,

I am disgusted with Susan Filan. I remember just after Dave Evans' speech she was outraged that Nifong refused to talk to the players, or view their exculpatory evidence. She seemed near tears, and even said "I'm scared!".

She seems to have conveniently forgotten all that. It would be great to replay that segment, and contrast it with her statements and attitude today. I'd like to hear her explain herself.

I would also like to know why Nifong had no information from the accuser's cell phone in the documents he turned over. It is obvious to a layman like me that it could contain key information. It was the very first piece of evidence he seized over 2 months ago!

Keep up the good work.

____________________________________

abramsreport@msnbc.com

367 posted on 05/23/2006 1:59:07 PM PDT by Ken H
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To: Peach

As to Kim's false name, I thought that whenever you used a false name you are lying (sarcasm), that is what Victoria Petersen said.


368 posted on 05/23/2006 2:01:37 PM PDT by streeeetwise
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To: Protect the Bill of Rights
She got the eight ball.

I have been a bit amazed at the shock on here about the 5 events plus the boyfriend and two drivers. It is what she does for a living. It is what all hooker do. They take on all comers [sic]. Taking on 8 in two or three days is not a busy schedule for a hooker.
369 posted on 05/23/2006 2:04:59 PM PDT by JLS
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To: TBBBO
Are all these former prosecutors on these television shows just playing a part or do they really believe what they are saying?

I think with no evidence that if every panel member's personal opinion is on one side in a case someone probably volunteers or gets assigned to argue the other side.

If they believe what they are saying, it would seem that we all are in danger of having our civil liberties violated.

Certainly the rape nazis want to violate your civil rights. Really this is an MO of the left. They want to make different, ie non-PC views, a crime. Hence the prosecution of Delay, the PC codes on campus, ect. And the rape nazis are saying what they believe as unAmerican as it is.
370 posted on 05/23/2006 2:11:36 PM PDT by JLS
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To: JLS

Nobody wanted to accept the obvious truth, that is why all the talking heads kept talking about Nifong having aces up his sleeve. Nobody wanted to accept that Nifong is a sleazy politician who used the wavering word of a mentally ill hooker to keep the only position he has ever had an attorney with racial rhetoic and at the expense of innocent people and, not incidentally, women who have actually been assaulted. It is all right there in the open and people would rather think that forty duke students are lying, that a no credit twenty seven year old prostitute is actually Julia Roberts with a heart of gold, and that Nifong cares about justice than this is just plain old local political bs. So, when they learn that hookers do have sex for money and lie, they are startled because it calls into question their assumptions.


371 posted on 05/23/2006 2:12:01 PM PDT by streeeetwise
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To: Ken H

I wrote Dan too about Susan.


372 posted on 05/23/2006 2:13:03 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead

Court TV to do DukeLax story coming up next. Catherine Cryer alert, tho...


373 posted on 05/23/2006 2:18:37 PM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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To: Neverforget01

If you remember, Nifong said that the DNA would exclude the innocent. Since he went ahead with the case when the DNA came back excluding all of the lacrosse players, he is really guilty of ignoring a court order. Question is, when he requested that the whole team be screened, making them suspects, did he know about the drivers and the boy friend? He also said they were not "cooperating" but he had made them all suspects by asking for DNA. He is either the biggest liar since Clinton or the biggest dumb*ss since Kerry.


374 posted on 05/23/2006 2:22:42 PM PDT by RecallMoran (Recall Brodhead)
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To: Peach

I bet prostitutes rarely tear.


375 posted on 05/23/2006 2:23:13 PM PDT by RecallMoran (Recall Brodhead)
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To: pepperhead
Hey, wait a minute. She said she was choked by Finnerty and penetrated from behind while Seligmann had vaginal intercourse with her. I'm not sure what she said Evans was up to -- maybe he was helping her paint her nails. What's this groping business? Is it rape, assault, or bad fashion advice. All I have to say is in 15 minutes time, that's a lot of activity in a circa 1900 bathroom.
376 posted on 05/23/2006 2:23:19 PM PDT by Constitutions Grandchild
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To: Constitutions Grandchild

Aldridge: I CAN'T PUT A HAPPY FACE ON THIS!!!


377 posted on 05/23/2006 2:26:02 PM PDT by JLS
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To: abb
Catherine Cryer off the feminist reservation. Gloria well.....
378 posted on 05/23/2006 2:26:27 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: All; streeeetwise

This may have been said, but I think Kim Roberts using the name of Nikky seals the theory that Kim had planned on robbing the AV.

I really doubt she was driving her car, because with an open warrant her license and registration and tags would've been canceled.

She figures if they don't know my name and the car can't be traced to me, I don't have to worry about her Pimp and if he calls the agency the fallback is with how drunk the AV was, she probably dropped it out the window.

;;;;;;;;;;; Also, now that we know the policeman from Kroger that found her passed out went to the Hospital and spoke with the SANE personnel - it's highly unlikely that the medical personnel would NOT have requested the TOX. It looks solidly that the AV declined the TOX and that's why there is none.


379 posted on 05/23/2006 2:26:28 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: pepperhead

Newsweak woman very subdued about being used by Nifong.


380 posted on 05/23/2006 2:27:22 PM PDT by JLS
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