Defense Calls for Evidence in Duke Rape Case

WTVD/Durham ^ | May 22, 2006 | AP

[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.

[Mike Nifong]

this is EXTREMELY TROUBLING: Nifong said at NCCU, a Historically Black College, at an election forum:

"Nifong told the forum crowd at NCCU that his presence there meant the case was "not going away.""

This sounds like a campaign promise to a special interest group. This would also explain why Nifong seems to be continuing with a case with absolutely no incriminating Evidence.

http://www.newsobserver.com/1185/story/427860.html

[Locomotive Breath]

My wife has been a nurse since 1979. The professional organizations for nurses are very leftist and my wife is continually ticked off that her dues are used for leftist political campaigns. Many of her friends I have met are leftist/feminists as well. As conservatives this drives us both nuts.

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.

From first hand experience, I agree. But when the nurse is a "women's studies" major and she goes into a speciality evaluating potential rape victims you can bet the two are not unrelated.

And to be fair to the nurse, if a women presents who has had sex five times in the last 72 hours, has fallen down the steps, and is high/mentally ill, then I can see how the evaluation of her condition would be "consistent with rape".

[PeoplesRepublicOfWashington]

Colmes is a brain-dead, knee-jerk liberal who probably buys into the feminazi theory that all heterosexual sex constitutes rape by the man. His wife likely doesn't allow him to touch her.

[Mike Nifong]

What most likely happened to my mind, is that Kim took the money when Crystal was passed out. The police recovered her makeup purse at the house but apparently never recovered the SECOND purse Crystal is holding in the photo on the back porch at 12:31.
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

Yes I agree.

I expect that at trial we will find out that Kim / Nikky refused to answer Police questions or totally denied involvement when she made her first statement - 8 days after the party. We were told police went to question her and after posing questions, they arrested her and took her to the station. We'll find out, in my opinion, that Kim's first statement was evasive, a denial, refusual to answer, or total B.S. Kim acts so guility it ain't even funny

[pepperhead]

His wife likely doesn't allow him to touch her.

Can you blame her?

[pepperhead]

Who filed the malicious prosecution?? Enquiring minds NEED to know!! ;>)

Yeah, I can't wait to find out. I think it would be funny if it was Frieda Black on behalf of a grand jury member. Or anyone on behalf of a grand jury member.

[pepperhead]

Baker's detailed involvement has really piqued my interest.

Yes this stinks. Why does the city manager feel the need to send out detectives to question the lacrosse players? I wish the feds would go down there and investigate what is going on down there.

[Protect the Bill of Rights]

I am going to be pulling for Duke on Friday. Does anyone know if it will be televised?

[maggief]

Another Durham rape case ...

http://www.herald-sun.com/durham/4-737899.html

Taxi (Hasan Ateya Kafi) driver allowed to plead guilty only to misdemeanor


By John Stevenson : The Herald-Sun

May 23, 2006 : 7:54 pm ET

DURHAM -- As the Duke University lacrosse rape case continues to grab national attention, another sex-assault accusation with a Duke connection has quietly faded away.

It involved taxi driver Hasan Ateya Kafi, 45, who was accused last year of feloniously kidnapping a Duke student and committing misdemeanor sexual battery against her.

Court records show that Kafi was allowed to plead guilty this month to only the misdemeanor, receiving a 60-day suspended jail sentence and 18 months of probation.

The kidnapping charge was not prosecuted, and an apparently unrelated allegation that Kafi took indecent liberties with a child was dismissed, the records indicate.

Assistant District Attorney Tracey Cline, who handled the case, did not respond to a request for comment Tuesday.

The kidnapping and battery charges arose on the night of April 1, 2005, after a female Duke student called Durham's Best Cab Co. for a ride home, police said at the time.

A cab driven by Kafi picked up the woman near Duke's East Campus, according to Durham police.

But instead of taking the student home, Kafi drove around with her for about an hour along areas around Hillsborough Road and Broad Street, reports indicate.

Arrest warrants state that, during the ride, Kafi groped the woman and touched various parts of her body, including her buttocks, while keeping her in the car against her will. She reportedly was unable to get away or call for help on her cell phone.

Kafi was the subject of a January 2005 Duke Chronicle story that portrayed him as "a bona fide Duke pimp" due to his popularity with female students.

Defense lawyer James D. "Butch" Williams said the case was resolved under a seemingly paradoxical provision of the law that allows someone to plead guilty without actually admitting his guilt.

"Looking at the totality of the circumstances, it was in Mr. Kafi's best interests to enter this plea and move on with his life," the attorney said Tuesday. "No one did me no favors. This was a fair resolution of the case, given all the facts and circumstances."

[abb]

No dobut Nifong thought this was how the DukeLax case would turn out. Most of the lowlifes that DA's regularly deal with usually take this out...

[bjc]

But surely a "silver bullet" witness would have to be identified in the discovery documents?

[pepperhead]

Your right that is normally how things go. I also wonder if all his time in traffic court might not have made Nifong think he was unbeatable.

[bjc]

I greatly appreciate the scientific input. Surely if a metabolizing process is taking place then itis possible to calculate when a drug was taken, assuming the metabolizing leaves definitive and identifiable by-products.

[maggief]

What was his bond set at? Check out the cabbies record:

http://webapps6.doc.state.nc.us/apps/offender/raw1


Enter: 0953384

(check all the boxes)

[Protect the Bill of Rights]

A misdemeanor?

I'm surprised they did not charge the Duke student for staying in the taxi. \sarcasm

[Protect the Bill of Rights]

Shaking my head in disbelief

[maggief]

... or an accomplice. LOL

From the cabbies record:

COUNTRY WHERE OFFENDER BORN: NAMIBIA
OFFENDER CITIZENSHIP CODE: UNKNOWN

[abb]

As they say on the old timey TV shows, "He's got a rap sheet as long as your arm."

As far as the bond amount, I'm sure whatever it was, it was within "guidlines." Wasn't that the term the clown judge used in last Thursday's hearing?

[Protect the Bill of Rights]

Did I hear correctly last night?
Did Megan say Alan interiewed the accuser?

[maggief]

I would wager it was not $400,000.