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 ...
So there is either no test, or one that is damaging to Dingdong's case.
Maybe it was Kim that filed the complaint....not getting quite the spin Nifong promised her :)
Is Mr. Nifong implying that maybe, kinda, sorta "exotic dancer" and "ho" might be the same thing? Why who would of thunk it? My-o-my, that coming from a flaming liberal democrat.
That was well after the DNA dragnet and not long before the DNA results became known. I don't know if Nifong knew about the unidentified semen in her at the time he said that, but I suspect he did. At any rate, I don't see a close connection between Nifong's statement about condoms and his learning that there was semen in her from someone other than a lax player. The issue is whether she lied about having consensual sex with anyone prior to Nifong making his confident statements that the DNA would prove who the culprits were, which would have been prior to the dragnet, which was prior to his comment about condoms. Maybe you can illuminate your point for me a bit more.
Thanks.
Yes, the News Corpse has no interest. The print stories are thin to none.
A blood sample has a lower concentration of a drug than urine does, and it is much more difficult to determine when and how much of a drug was taken via a blood sample vs. a urine sample. Even a test done right at the time would not pinpoint exactly when the drug was ingested, which is what would be needed in this case. The only thing about that is is that if a roofy was detected, it would be reasonable to infer she did not take it voluntarily.
ADH is the enzyme that oxidizes alcohol and it is present in red blood cells, so metabolism of the alcohol in blood kept in a test tube is not dependent on the introduction of oxygen to debilitate the sample. Other enzymes that metabolize drugs that are carried in red blood cells would similarly allow for metabolism of drugs in samples. If liver and kidney enzymes were not present in blood, blood tests would not be the method used by doctors when testing patients for elevated levels when diagnosing disease.
By date-rape drug, I mean "roofies".
Anyway, the point is there was no tox screen done, and it's too late to do one now on whatever blood samples were drawn, if any, at the time Mangum was in the hospital. The samples would not be reliable for pinpointing the ingestion of any drug on that particular night, let alone that particular hour.
the Newsweek reporterette (Meadows) has changed her story.
Why?
Her story tonight was totally different from what she told Greta last month.
Was she lying then or is she lying now?
Greta asked her last month - What did Nifong say?
She said then that Nifong said, suppose I have a toxicology report indicating the Victim had a date rape drug in her system.
In print - in Newsweek, in an article she co-authored, it is written: Nifong "hinted to Newsweek that BLOOD and URINE tests of the woman would reveal the presence of a date-rape drug." http://biz.yahoo.com/prnews/060423/nysu016.html?.v=43
This is TOTALLY different from what Mrs. Meadows said last night on Greta.
She said this in many earlier interviews, now the reporterette very critical of the Duke Players for 2 months is suddenly providing cover for Nifong!
;;;;;;;;;;;;;;;;;
READ this by Susannah Meadows, Senior Writer at Newsweek:
"STRUTTING lacrosse players are a distinctive and familiar breed on ELITE campuses along the Eastern Seaboard. Because the game until recently was played mostly at prep schools and in upper-middle-class communities on New York's Long Island and outside Baltimore, the players tend to be at once MACHO and ENTITLED, a sometimes unfortunate combination. They can often be seen driving in SUVs with LAX decals, their DIRTY-WHITE college ball caps turned around, a pinch of SKOAL in their mouths."
http://www.msnbc.msn.com/id/12442765/site/newsweek/page/2/
Do you get the Racist Redneck picture? Dirty-White Spitting Skoal - Macho and Entitled. These are the people covering this case!
If there was a test, even if the result was not submitted in a formal report form and only transmiited verbally, Nifong still has a duty to apprise the defense of that. just because it's not on paper doesn't excuse him of the burden of providing the information. If it turns out there was a blood test done sort of on the Q-T, and Nifong didn't disclose the result, even if it was only verbally transmitted to him, he really will have a BIG problem.
Maybe there's a Bob Bennett connection through other local counsel to the complaint against Nifong?
Excellent post, Protect.
I think assuming that the nurse failed to do her duty or has a heavy bias is jumping the gun. I have said all along, and find it much more likely, that if the nurse thought tox was warranted, then Mangum declined, rather than assuming the nurse failed in some manner. Of course it is possible that she's a heavily biased man-hating feminazi, but it's much more likely that she is similar to the vast majority of nurses who are the dedicated, caring, hard-working, "heavy lifters" of the medical industry who rightfully take great pride in their work. Until I see facts to indicate otherwise, I assume the SANE nurse is among the majority and either she saw no need for a test or, more likely in my opinion, Mangum declined. Someone posted that blood had been drawn. I have to wonder if the SANE nurse assumed the test should be done and drew the blood, but when it came time to sign the consent forms and other statements, Mangum declined to consent to the testing of her blood for toxic substances.
It all depends on the patient. Anybody can sue, but that opportunity is drastically reduced by close attention to protocols, rules and policies.
And remember, while she may work in a community that is leftist, it's also a community that tends to not like Duke University, much as they need their med center. Besides, acting on her personal agenda will get her into trouble, no matter how disposed the surrounding community may be to her viewpoint. The lawyers doing the suing couldn't care less about that. If they can show a bias that affected her treatment or her medical reportage of their client, she's dead meat, be she a lefty or a righty.
The SANE nurse may have more than one specialty or assignemnt.
I don't think so. I think professional nurses are among the hardest working and most responsible citizens we have, and they carry out one of THE most important jobs in our society.
But if Nifong did have anything, and it was turned over to the defense, the defense is not going to leak that.
I don't think there was time for that to have occurred and besides, it was supposed to be a two-hour performance. Crystal would not be expected to be finished until 1:30. BUT!! If Crystal didn't have her money, and knew her pimp would rough her up for it, she would have reason to not want to get out of Kim's car, AND, Kim would definitely have reason to want to get rid of her before her pimp showed up (based on the possibility that there was a pre-arrangement that Kim would drop Crystal at Kroger's to meet the pimp) or to at least get far gone so the pimp wouldn't get a look at her or her car and track her down later because he smelled a rat.
If Crystal thought the guys took their money back instead of realizing it was Kim who took it, she may have levied the rape charge partially as a vendetta and partially to get out of a public intoxication (alcohol or drugs) arrest and partially to avoid confrontation by her pimp.
She had bruises on her when she arrived. Her shoe was off. Either she falls down a lot or somebody's been beating her. Maybe her pimp or one of her "drivers" (pimp and assistant pimp) just pushed her out of the car in front of the Duke house because she was saying she didn't want to do the gig. If she's like other women in the business, she lives in fear of her pimp and would not have wanted to meet up with him if she didn't have her money. Pimps are among the worst scum on earth. They really are some of the worst human beings on earth. They're right up there with coyotes smuggling illegals and human slave traffickers. The physical and psychological damage they cause in these women is horrific. Human bondage.
The really ugly thing is that Kim is also a whore and would know what Crystal would be facing if she had no money to turn over. Geez.
Articles in today's Durham rag....
http://www.herald-sun.com/durham/4-737909.html
http://www.herald-sun.com/durham/4-737916.html
http://www.herald-sun.com/durham/4-737896.html
It's usable in court in relation to the medical findings because of the closeness in time to the lax party.
Patrick Baker is VERY involved in this case. I saw this from over a month ago. Why the **** is Patrick Baker so wrapped up in this case?
http://www.newsobserver.com/1185/story/430111.html
Baker's detailed involvement has really piqued my interest.
He was involved before he got the Police stories all on the same page about the accuser's story.
Except for this letter to the editor, bupkis in today's N & O. Nifong needs no gag order. The DBM's going mute on their own, lol...
http://www.newsobserver.com/580/story/442695.html
The local media (well, almost all media) really are hopeless.
Ya know, we all (myself included) bitch and complain about Hannity (Russert inteviews, Ruth's Chris, did I tell you about my new book, Maaaaaaartyyyyyyyy, etc., etc.), but on this thing he's been a real hero...
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