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 ...
Why would these guys drug, rape, and grope Crystal but never bother Kim? She would just hang out, a completely sober witness and look on? Does that make any sense that they would attack one ho and not the other ho? Two hos are better than one or a ho in the hand is better than two in the bush? Nifong is nuts.
I think that anyone who has the slightest fantasy the the justice system would protect them should look very closely at this case.
It is absurd to count on these idiots to protect your life, liberty and property. Better to always be prepared to do it yourself.
I think you are not taking into account the fact that these SANE nurses may tend to be SYMPATHETIC and not SUSPICIOUS of the victim.
First point to make: In all the reporting to date, Crystal has NEVER suggested she was date-rape drugged. It's not in the probable cause affidavit, it's not in the search warrants, it's not in the 3-4 page police report that was discussed on Abrams today. It was only a "hint" by Nifong based on the later statements by Kim that Crystal appeared sober early and glassy-eyed later - and the media ran like rabbits with it. To the CONTRARY, in Crystal's various versions of the groping, rape, what have you she is always conscious.
The police may well have told the nurses at the hospital that they thought Crystal was drunk and originally planned to take her to the drunk tank and then the substance abuse facility. But that Crystal then claimed there that she was raped, and thus brought to Duke Hospital. So the SANE nurse probably asked Crystal, have you been using drugs or alcohol tonight? And Crystal, given her past history with the law, probably denied it. And the SANE nurse, tending to be sympathetic to the victim, may well have taken her word for it, and attributed the cops' assessment of being drunk to their "insensitivity" to the obvious trauma and shock of a rape victim. And maybe didn't want to get Crystal in any trouble for taking drugs or getting herself drunk.
So yes, it is possible that Crystal declined a tox screen, but it is also quite possible the nurse never proposed one, when you take into account that the SANE nurse is more likely to be sympathetic than skeptical of a reported rape victim.
Nifong should be removed - tonight. He purposefully misled the media and possibly a judge in his justification of probable cause.
If swelling is injuries consistent with Rape, then they are a lot of women walking round with injuries consistent with Rape.
That's like saying a bloody nose is consistent with Brain damage.
It's possible. All the SANE people I've heard interviewed sound Wacky. They have their own specific political agenda.
It's also clear they have a bias towards a Sexual assualt being commited. Personally, I think they see rapists hiding behind every bush.
Your last post laid it out well.
The SANE nurse may not have been all that professional, or all that objective. She may well have worked to "make" the rape case as best she could.
Most of the time, a SANE nurse could issue the same edict after examining any woman who had engaged in sexual intercourse in the hours preceding - they find indications consistent with rape.
She may have not taken Crystal's urine because she didn't want to reveal what Crystal had in her system.
The man at the court hearing who sat behind Fox reporters called out to Seligman "dead man walking." I'm very worried about these young men. If they are not convicted and jailed for most of their lives, I'm afraid that they could be in physical danger--vigilante justice.
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And I heard that the AV was being chauferred around by 2 cops.
I think her Father said she was in some type of protection.
This whole thing is crazy. The defendants are really the victims
Nifong is Trelane
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Please?
Did Nifong depose the "drivers"? How do we know about the 5 hotel stops?
I thought it was a Star Trek reference but couldn't place it.
Funny, I keep thinking Nifong is saying to the lacrosse team: "There are four lights."
Yeah, not one of the politically correct people want to say what really happened. The lacrosse players probably had the idea that Carmen Electra was going to walk through the door and the skanky prostitutes were ugly and repulsive and had no sexual feelings whatsoever. It is pretty clear that the feelings of repulsion are what drove the dispute--but nobody wants to say that.
I think the evidence for innocence will be overwhelming and almost all the jury will vote to acquit. I can also see one or two holding out for guilt just to prevent acquital and prolong the players'suffering.
This is where I must part company with many. Let me be clear,I am not speaking about this particular individual. Don't know her, don't know her skill, etc.
Most nurses I know including myself, have an antenae. We know the bullshit artists. It doesn't change our standard of care. I have been as caring and empathetic with the patient who shot and killed a cop the night before as I have been with a patient who is a nun.
Even though I was empathetic with the cop killer, I did not buy his bull.
It's what we do. Policy and procedure is very important in a clinical setting, regardless of what initials follow your name. I find it hard to believe any nurse would risk reprimand or loss of lisensure because of the sympathy factor.
I never get snippy except in a few circumstances. This is one of them.:-)
Maybe just maybe, the nurse followed protocol and a tox screen was not warranted. To suggest otherwise is an insult to my profession. A nurse her/his license on the line if she/he would picks and chooses what to document based on a personal agenda.
Kendall on Special Report on FNC:
1. Rehashed the recent news. Mentioned the possibility of evidence from 3 non Duke players that night.
2. Still called this hooker a dancer. Ha!
3. Mentioned the changing story from 20 to 3 attackers.
4. Speculated about a silver bullet.
What I want to know is what silver bullet he could have that would offset the facts in evidence? Other than a video tape of sex between her and one or more of the indicted with her clearly objecting, I can't imagine?
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