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 ...
The Chinese syndicate also mistook Nifong as an Asian name.
He certainly is an embarassment to Moravians everywhere, I'm sure they'd be happy if the Chinese were to claim him!
Have to wonder how forthcoming the accuser was about those scratches and bruises when meeting with the cops, the SANE nurse, etc. Megyn Kendall inferred that her physical condition (scratches/bruises) may have lent to her credibility at least in the eyes of the nurse (maybe Nifong as well?). Kendall also said that she herself had seen the photos taken by the Lacrosse players and that the accuser clearly had those bruises upon arrival at the house.
Makes you sorta wonder about her job discription...but then you have to stop. I'm sure when she said she was raped the first people that popped into the Dr's head was not "lacrosse team".
Supposedly Mangum told the SANE nurse she hadn't had consensual sex for three weeks, but I don't know if that's been confirmed. The defense hasn't released that aspect of the medical report so far. The three week answer came out early on and I was never sure what the source was, but I have always tended to believe it could be true because Nifong was so sure the DNA test would come back positive on the boys. Obviously, if the SANE report indicated she said she hadn't had sex for three weeks, any DNA present in her body would have to have come from the suspects.
If that were the case, they would have kept the girls around...not helped her into the car an hour later. I'm absolutely sure that for a few more bucks, the girls would have been more than willing. $50 x 20 =
Newsweak reporterette just explained yet again on Greta that the "hint" from Nifong as to the date rape drug had to do with a hypothetical witness (obviously Kim) and NOT a tox report.
I disagree with your notion that it's an insult to your profession to question whether the SANE nurse might be biased in favor of the alleged victim. I don't think there's any question that SANE nurses tend to be predisposed to support alleged victims. There's no reason to believe a random SANE nurse on a Monday night in Durham would be competent and unbiased, given the nature of the job and the pressure to make findings consistent with a rape having happened.
You don't know this nurse any better than I do, so you don't know what she is like. It's reasonable, however, to infer she CHOSE to be a SANE nurse for a reason, and that reason may make her hopelessly biased in favor of the alleged victim.
1. if a blood specimen exists that was drawn immediately subsequent to the alleged event on Mar 14, it is non-negotiably pimpointed as to quantitave drug blood level and in time.
2. whatever you mean re "date-rape drugs" is not real clear, but you ought to have a look at this....it a menu of forensic services available for blood and urine specimens:
http://isdt.iusm.iu.edu/forensic_lab.htm
Lastly, if you think I have said that drawing a specimen now and testing it would produce worthwhile data, you have misread my posts.
One other thing.....in a blood specimen in a tube, metabolism and/or excretion does not exist.....so any specimen drawn Mar 14 would still reveal her body-burden of any drugs at the time.
In an interview with the Charlotte Observer last month, Nifong said, "I would not be surprised if condoms were used. Probably an exotic dancer would not be your first choice for unprotected sex."
I am OUTRAGED!! What a stereotypical statement by Nifong. Where's the outrage by womens' groups over this statement.
Re the toxicology report question. Crystal was first taken to a detox center, and was there for a brief time before going to Duke Medical. Would it be standard for a detox center to do a drug/alcohol screen on an intoxicated person brought in by police?
Now THAT is an interesting question!
1. I think a drug-screen would be required upon admission. (She had her prior alcohol/drug restrictions as part of her probation in effect and would have been fearful of getting violated)
2. It was at the detox center that she made the transition from slug to rape accuser.
3. If specimens were taken, did Nifong attempt to get the results, or did his "case" begin only shortly thereafter with the SANE exam?
Well Allred etal on Gretta and other shows tonight were asked what might be the silver bullet. The consensus seemed to be what we have discussed here:
1. A witness who was at the party willing to testify. I guess this could be IDed player number 4? Or maybe one of the non-lacrosse guests if there were any. As many have stated here, it is hard to believe if there was not rape anyone could have turned or could turn and tell a consistant story.
2. A tox screen someplace with a date rape drug in it. They discussed that it should have been in the discovery.
Even Allred found it hard to come up with anything else that might save Nifong. But of course she thinks the players should still be dragged through this.
I would guess she was not admitted to the rehab or it would not have been a simple thing to transfer her to DUMC. I suspect that she became a rape victim before admission to the rehab, maybe as you suggest when faced with a tox screen.
LOL. How about Freepers v. the People?
HaHaHa!!!!!!!
Who filed the malicious prosecution?? Enquiring minds NEED to know!! ;>)
They said an ethics complaint associated with this case. They also said someone not connected to the defense.
But that doesn't say who filed it.
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