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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

Wanna bet she'll be offering to dance for those cops before the end of the month!

She did something at a neighborhood barBQ cookout; one of her neighbors told a reporter from the NCCU newspaper. That reporter decided not to print it because it was unflattering to the AV.

Do you think we could find a reporter anywhere that would decide not to print dirt on one of the indicted LAX players?


421 posted on 05/23/2006 3:32:11 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: cdga5for4

"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."

IF this goes to trial, it will not be tried in Durham. You can take that to the bank.


422 posted on 05/23/2006 3:36:26 PM PDT by Raebie
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To: Protect the Bill of Rights
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.

Sure maybe, but:

1. You may well be underestimating how relentless the left is.

2. She lives in an area where acting on her personal agenda will not cause her any trouble.

3. She is a specialist in a small area of expertise where her views and agenda might not be uncommon.
423 posted on 05/23/2006 3:36:42 PM PDT by JLS
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To: streeeetwise

I have consistently held that they would not touch the skank in a million years. I've also held that if the accusation was that they had "trained" some co-ed, I would believe that but never that they had touched CGM. They have paid dearly for their naivete. They had no idea when they called the service, probably out of the phone book, that they would be met by two hos instead of actual strippers like they may have seen at someone's bachelor party. They messed with the Durham underworld and had no idea what it was that they were dealing with. They were grossed out, refused to pay at least in full and were met with street insults. Meanwhile Mike Nifong saw a way to make himself famous.


424 posted on 05/23/2006 3:40:15 PM PDT by RecallMoran (Recall Brodhead)
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To: snarkytart

There were supposedly three guys together raping Crystal. If two were gone at the supposed rape time, it doesn't even matter where the third one was. The two boys that left also became the third guys alibi. Is she going to change her story to "There was really only one"?


425 posted on 05/23/2006 3:40:30 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Protect the Bill of Rights

Do you specialize in SANE ?


426 posted on 05/23/2006 3:42:58 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Sacajaweau

Even 1 has an alibi and her story is toast.


427 posted on 05/23/2006 3:43:22 PM PDT by RecallMoran (Recall Brodhead)
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To: RecallMoran

<< refused to pay at least in full >>

Both women have made clear they were paid. For example, in Crystal's identification report, she is quoted as saying of one of them, to the effect, "he is the one who gave me the $400."


428 posted on 05/23/2006 3:45:27 PM PDT by SirJohnBarleycorn
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To: JLS

Documentation is the name of the game. If she is called to testify after she slanting her report or could not explain why she did not follow policy and procedure with evidence collection, any lawyer would chew her up and spit her out in court.

Maybe y'all are right, I just find it hard to believe any nurse worth her salt would falsify (by omission) records.


429 posted on 05/23/2006 3:46:33 PM PDT by Protect the Bill of Rights
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To: Mike Nifong

No-I don't.


430 posted on 05/23/2006 3:48:27 PM PDT by Protect the Bill of Rights
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To: SirJohnBarleycorn

I thought there was some supposition on the threads that CGM was scared of her pimp because she didn't have all the money she was supposed to have. Her purse was left in the house?


431 posted on 05/23/2006 3:50:26 PM PDT by RecallMoran (Recall Brodhead)
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To: Protect the Bill of Rights

Didn't mean to offend you at all.


432 posted on 05/23/2006 3:50:27 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: Mike Nifong

I know, no offense taken --

shit rolls downhill and everyone always seems to think a nurse is at the bottom, LOL!


433 posted on 05/23/2006 3:54:54 PM PDT by Protect the Bill of Rights
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To: Mike Nifong
Wanna bet she'll be offering to dance for those cops before the end of the month!

Don't you mean, Wanna bet she'll be offering to "dance" for those cops before the end of the month!

Unless they are turning their heads while she gets and uses illegal drugs or whatever crime she wants to commit, I am sure she will be offering to "dance" with them soon if they will turn their heads while she does other things she wants.
434 posted on 05/23/2006 3:55:48 PM PDT by JLS
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To: Protect the Bill of Rights

Or a mother (to clean it up)


435 posted on 05/23/2006 3:56:28 PM PDT by RecallMoran (Recall Brodhead)
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To: Protect the Bill of Rights

I for one am not arguing that the SANE nurse falsified anything.

The criteria are based on a subjective observation and evaluation by the SANE nurse, and it is difficult to second-guess at a later point in time subjective determinations.

And even if the police told the nurse Crystal was drunk, and the nurse suspected Crystal was drunk, that alone does not meet the criteria -- the objective of the criteria is to determine whether there is "sufficient cause to believe that a drug was used to facilitate a sexual assault."


436 posted on 05/23/2006 3:56:53 PM PDT by SirJohnBarleycorn
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To: Sacajaweau
There were supposedly three guys together raping Crystal. If two were gone at the supposed rape time, it doesn't even matter where the third one was. The two boys that left also became the third guys alibi. Is she going to change her story to "There was really only one"?

That's not fair. You're playing the logic card.

437 posted on 05/23/2006 3:58:15 PM PDT by connectthedots
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To: SirJohnBarleycorn

And neither the police nor the SANE knew she had fallen on some brick steps, or arrived at the party banged up. Those external injuries were probably entered as "indications of".


438 posted on 05/23/2006 3:59:58 PM PDT by GAgal
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To: All; RecallMoran

I look for any stolen or missing items to now belong to Nikki.

Nikki lives a lie. She told no one the truth about anything that night. People don't live like that for no reason.

Too many coincidences there with Kim Roberts to be explained away to me. Was it a coincidence that the AV originally reported $2000 was missing? I can see a streetwise cop asking her why she had so much cash and then asking her - her occupation. The AV quickly amends the amount of cash missing. Maybe that's why she wouldn't talk to the COP. On Abrams, they said documents state the AV was changing her story and then told the Cop that had the case from Kroger on - that she wasn't going to talk to him any longer.

Was she angry that he was smelling her out?


439 posted on 05/23/2006 4:00:23 PM PDT by Mike Nifong (Any likeness to persons living or dead is entirely coincidental)
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To: SirJohnBarleycorn
Both women have made clear they were paid.

Yes, but that does not mean someone did not get into someones purse and take some of the money back when they failed to perform.
440 posted on 05/23/2006 4:01:02 PM PDT by JLS
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