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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: Locomotive Breath

Yes, I believe you are right about the professional organizations for nurses being leftist. One of my best friends is an RN and she is unhappy with many of the policies these organizations come up with, but she admits they do accomplish some good things as well.

I also agree that this particular SANE nurse's study areas and/or specialty raises alarms, but I will not "convict" her of leftist bias until I actually see a factual basis for it relating to her specifically. In my opinion, any nurse merits the benefit of the doubt no matter the implication of her background.

Other than I think it was sex eight times in the previous 72 (or fewer) hours, I agree with all of your post and it was an interesting reply to read.


581 posted on 05/24/2006 6:18:16 AM PDT by Jezebelle
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To: Jezebelle

You're making assumptions that you have no idea whether they're true, and then pretending they have greater validity than the assumptions of others.

Just because the SANE is a female nurse doesn't mean she's Florence Nightengale. She may be Nurse Ratchett, and given today's world, more likely Ratchett than Nightengale.

If this were a male police officer or a lawyer whose conduct you were evaluating, you wouldn't presume that he did his job properly. You're sexist and think because she's a woman, she must be honest and dedicated.

Frankly, your posts read like one of the crazies at DU, a stripper (prostitute) who called herself "torchthewitch," except for the occasional "feminazi" you throw in to innoculate your post.

Are you THAT woman? Because you sure talk like her.


582 posted on 05/24/2006 6:24:14 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: maggief

Your friend better keep a very low profile. She/he would be fired for disclosing patient information to someone who is not a caregiver with a need to know.


583 posted on 05/24/2006 6:24:45 AM PDT by ladyjane
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To: bjc

Measuring metabolites would be different than measuring the drug itself in half-lifes, but neither one would give a pinpoint time of ingestion after this much time.


584 posted on 05/24/2006 6:27:28 AM PDT by Jezebelle
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To: TBBBO

Welcome to Free Republic!


585 posted on 05/24/2006 6:27:41 AM PDT by toldyou
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To: Jezebelle
I don't think there was time for that to have occurred and besides, it was supposed to be a two-hour performance.

You don't think there was time for what to have occurred? For Kim to have taken the $400 out of Crystal's purse? Well, you're wrong there.

Or if you are taking issue with me as to the theory that they met the pimp who beat and raped Crystal between the time they left the house and arrived at Kroger, then you obviously didn't read my post to which you are replying. Or do you only read every other word? I said that theory was absurd in my post.

586 posted on 05/24/2006 6:29:51 AM PDT by SirJohnBarleycorn
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To: Locomotive Breath

You said it very well. More and more, the SANEs are agents for an agenda, and that agenda considers all who report as victims and all complained of as perps. Women are excused from responsibility. If they get drunk and regret having sex, suddenly they're children, and the big bad man is the perp.

There are many SANES who could not stand up to cross examination on the issue of bias.

This is sexism. What man here would pronounce "well, I'm a lawyer, and I think that lawyers work really hard, and this lawyer Nifong, we have to assume he is dedicated, because most DAs are."

See how stupid that is when he's a man and a lawyer, instead of woman and a nurse?


587 posted on 05/24/2006 6:33:31 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: GAgal
This article on gag orders cites several NC cases showing gag orders are often overturned by higher courts. That may discourage a Durham judge from trying to protect Nifong from public revelations of his venality:

http://www.snpa.org/index.cfm?fuseaction=CircuitLegalIssues.gagorders
_____

Didn't Nifong just last week release the partial DNA results about the fingernail to the press???

He cannot possible win a gag order. All the defense has to do is show all of Nifong's public statements on this case since the beginning.

The only thing the media is commenting on is the motions filed in court, and the last time I checked the defense is allowed to file motions in a criminal case. The defense has only been on tv a few times discussing the case. Two press conferences and a couple of individual attorneys were on tv at different times.
588 posted on 05/24/2006 6:38:38 AM PDT by snarkytart
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To: streeeetwise


You have the whole thing right there in a nutshell! You are so right!


589 posted on 05/24/2006 6:40:01 AM PDT by toldyou
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To: nopardons
Nifong is just a race card playing, lying through his teeth, evil idiot.

I have no doubt about that. I wonder how he would compare with the late William Kunstler or Morris Dees? If I knew, I could really guage just how evil the scum bag Nifong is.

590 posted on 05/24/2006 6:41:02 AM PDT by Mark17
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To: snarkytart

Nifong wants a gag order because he's gagging on all the bad facts coming out. This is so typical of an unprinicipled man. He completely disregards his duty to NOT try the case in the press, whores himself to get favorable press, and then - when he's said all he can to shore up his position - he wants to shut down the opposition.

As scumbags go, Nifong is one of the worst.


591 posted on 05/24/2006 6:45:18 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: bjc; abb

Well said, bjc....and abb, thanks for the article!!


592 posted on 05/24/2006 6:45:44 AM PDT by Guenevere
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To: Mike Nifong
The Newsweek reporterette (Meadows) has changed her story.

What a nasty passage by Newsweek. Stereotyping the lyin' ho is out of bounds, but not the lacrosse players, according to Newsweek. If I am not mistaken, I thought I heard Miss Meadows say she attended Duke. Were her advances once spurned by a lacrosse player, who decided he would rather be with a nicer person? Or perhaps she was simply the star pupil of the leftist, racist professor Mr. Houston Baker?

In fairness to Meadows, though, I did hear her say the exact thing she said last night last month on Greta, i.e., that the "hint" was a witness, and not a toxicology report. I did read the print article you referred to and was surprised at the time by the discrepancy - either sloppy editing (entirely possible) or Meadows was dissembling (shocking I know, in the MSM).

593 posted on 05/24/2006 6:46:14 AM PDT by SirJohnBarleycorn
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To: snarkytart

Well, Nifong has been leaking all along, but the DNA results are supposed to be given to the accused, I think.


594 posted on 05/24/2006 6:47:06 AM PDT by ltc8k6
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To: David Allen

"She may be Nurse Ratchett, and given today's world, more likely Ratchett than Nightengale..."

Who is making assumptions?
'nuff said


595 posted on 05/24/2006 6:47:51 AM PDT by Protect the Bill of Rights
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To: Protect the Bill of Rights

Thanks for making my point.


596 posted on 05/24/2006 6:54:50 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: Mike Nifong
Was she [Meadows] lying then or is she lying now?

Well she is a member biased old media, so it may well be she is lying or slanting her story to suit her bias both times.
597 posted on 05/24/2006 6:56:03 AM PDT by JLS
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To: SirJohnBarleycorn

What do you expect from some New York lesbitarian pinko writing for a major mag? She sounds exactly like the far left feminazis that have been clacking like cow birds since this case first came to the public eye.

You're right. They wouldn't dare call this skank the terrible, useless person she is.


598 posted on 05/24/2006 6:58:53 AM PDT by David Allen (the presumption of innocence - what a concept!)
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To: Mike Nifong

"And I heard that the AV was being chauferred around by 2 cops."

I think it's ridiculous, too, but can you imagine how many hands went up when they said they needed two cops to protect her? Two more "drivers," added to her list! And she thought she was busy before!



599 posted on 05/24/2006 7:02:09 AM PDT by toldyou
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To: Jezebelle

Thank you for your kind remarks. I'm basing my opinions about "women's studies" on the experience of a few conservative women I knew (years ago now when those programs were just getting started) who took some classes in that program and were quickly run out of town when they made their views known. For those majors I think you really have to drink the kool-aide about women being universal victims. But your point is taken, I obviously know nothing about the motives of the particular nurse in question. However, the question would not come up if she had been a biology major.


600 posted on 05/24/2006 7:06:31 AM PDT by Locomotive Breath (In the shuffling madness)
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