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 ...
I can't get over CGM saying that Kim was there when it happen..
"....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...."
I've spent considerable time looking at the literature and the sites of various edu and govt/private forensics labs. I simply cannot find a statement or criteria for specimen submission that indicates the deterioration clock is running after the blood is drawn, for recreational or "date-rape" drugs. Perhaps you can direct me to an authorative webpage that backs your contention?
Me too, Peach. :^(
I don't disagree with your analysis of what a date rape drug in her system would mean. It just goes to show how weak the case is that it wouuld greatly increase his evidence.
I said much of what you said about him need a tape. I went futher than you and said Mangum would need to be visibly objection on the tape.
Not on my life what? I said your post and its snarly nature illustrated well my point that today's nurse is more likely to be Ratchett than Nightengale.
You made my point with it, and I thanked you.
As for your "sweet cakes" comment, I'm sure you'd yell like a stuck pig if I had said that to you. But then, that's how it is dealing with the entitled gender.
That's the fear Osborn expressed to Judge Stephens, but the judge brushed it off. ABC must have followed up to see if Osborn's fear was justified, and apparently it is.
I don't think the Durham PD, from what we've seen, has either the competence or desire to preserve anything that would undermine the accuser's already unsubstantiated claims.
It does show why local defense attorneys like Butch Williams supported Nifong's election. Nifong has single handedly undermined most people's belief that prosecutors act in good faith and bring charges based on the evidence alone.
IMO one does not hire a stripper to come to a hotel room. One hires a hooker. Not that I know anything about it, but just seems to me that a stripper is hired to go to a party etc where there are a lot of men. One goes to a hotel room to "strip" for one guy for another reason other than dancing.
I wonder if CGM managed to call her "drivers" before she fell down the stairs? I wonder if the "drivers" have an old white car?
The DA needs to go to jail.
My favorite post of the day. I just don't see how this could happen and how innocent college kids can be indicted for a heinous rape with no evidence--I'll never get it.
I am not a nurse but I have worked with a few. They are absolute sticklers for following procedures exactly. If you need three items before ordering a test or asking a certain question - there will be three items!
In the current health care system there are a lot of people who look like nurses who are not nurses, they are some kind of aide or technician.
A professional nurse, as distinct from a practical nurse or an aide, at a major institution such as Duke, will have at least a bachelor's degree and probably a MSN. She will not be cutting corners or neglecting details.
You have NO IDEA how process, detail oriented they can be.
The only reference to a white car in anyone's account of the evening is ONLY from the taxi driver, Elmostafa. He originally said he picked up the second group at 1:07, and then later corrected himself to say it was earlier, before 1:00 a.m.
Elmostafa said he saw a woman walk from around the house and get into the driver's side of the car, which he remembered as a white car. He says the woman was arguing loudly with the boys.
Doesn't it make far more sense that this woman must have been KIM??? And that Elmostafa was simply mistaken about the color of car, which clearly has peeling paint on it from the photograph? Especially since the revised time period Elmostafa is saying he now saw this woman arguing with the boys and getting into the "white" car roughly coincides with the time the defense says Kim left the house, and also with the time Kim called 911 in the first call?
Why do you need to invent a pimp in a white car when it does not fit the reported facts?
I've heard that Alan is married to a babe--the sister of some actress.
Here comes Jeanie with her new boyfriend
They say that looks don't count for much
And so there goes your proof
Is she really going out with him?
Is she really gonna take him home tonight?
Is she really going out with him?
'Cause if my eyes don't deceive me
There's something going wrong around here
Around here
-Joe Jackson
That picture is scary. No wonder the lacrosse guys wanted to shut down that preformance and leave. They were expecting 19 year old virgin hotties and got that.
I didn't invent the pimps driving a car.
I meant that maybe CGM called her "drivers" to pick her up because she and Kim were arguing about continuing the "show".
CGM's drivers might have arrived too late to pick her up because she'd already left in Kim's car.
Maybe the taxi driver saw the white car on the second trip?
Who knows? I sure don't.
I love the conclusions you and your cohorts so blithely and so ignorantly draw. Like this one:
"You have NO IDEA how process, detail oriented they can be."
Lady, YOU have no idea what you're saying. You're attempting to take your personal knowledge - such that it is - and presume your perceptions exist at every facility.
You and your all-girl posse need to get a grip. You're being shrews just because people like me disagree with you. You girls need to quit slinging insults and grow up.
Maybe the taxi driver saw the white car on the second trip?
Yes it is the SECOND trip I was talking about. It is the SECOND trip in which Elmostafa says he saw the white car. In the FIRST trip he picks up Reade Seligmann and one other guy and takes them home. If you've ever read the articles or seen the interviews relating to Elmostafa you should already know it is the SECOND trip, in which he picked up four boys, we are talking about.
If the "drivers" pulled up in a white car AFTER Kim had left with Crystal, then WHO was the woman Elmostafa saw walk around from the back of the house, arguing loudly with the boys, and get into the driver's side of that white car???
Look, speculation as to what might have happened is perfectly legitimate, but it needs to have SOME rational relationship to what has been reported about the case, or all you are going to end up doing is hopelessly confusing people who may not be all that familiar with what's been reported.
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