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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: PeoplesRepublicOfWashington

... and nose! What more do you want? ;oD


721 posted on 05/24/2006 1:05:52 PM PDT by maggief (and the dessert cart rolls on ...)
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To: SirJohnBarleycorn
You don't need race. Its a politically motivated prosecution denying the plaintiff's rights under the 14th amendment - equal protection and due process violations. Its also false arrest and wrongful imprisonment under the 5th and maybe even an 8th amendment claim off excessive bail. There's enough to get past wummary judgement and then you get to depose Nifong.
722 posted on 05/24/2006 1:11:07 PM PDT by don'tbedenied
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To: Jezebelle

"....I've told you what I know about it in relation to thirty-two years in LE that included the need for a working knowledge of tox screening procedures and specimen handling in relation to evidentiary usefulness"

Then you surely know exactly what the limit of the interval between drawing blood and firing it up the tube to see what is in it, and know exactly where to find it, yes? No?

And as for "evidentiary usefulness".......is that phrase meant to imply that knowing what she actually had on board immediately after deciding to scream rape useless? Eh?

So lets take rohypnol, since you chose to focus specifically on it...How long in time is allowable between drawing and testing?

Not gonna tell me?



723 posted on 05/24/2006 1:11:31 PM PDT by Vn_survivor_67-68
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To: js1138

Nice. Very subtle. How often do pull this little fit? How often do you start in with people implying they'll be banned because they displease YOU?!

You and that other one sling insults and judgments left and right, but you can't handle the reverse at all.



724 posted on 05/24/2006 1:13:27 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: js1138

Hopefully the used litter he's left lying around here will be sent along with him. But maybe his attitude will improve now that you've neutered him with just a couple posts.


725 posted on 05/24/2006 1:13:55 PM PDT by Jezebelle
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To: GAgal

It's funny how the talking heads say there will be "this or that", until it comes out that "this or that" isn't there, then all of a sudden you don't really need "this or that".....

TH1: The medical report will show trauma.

TH2: No trauma in the report.

TH1: Well, you wouldn't necessarily see trauma...


726 posted on 05/24/2006 1:14:15 PM PDT by ltc8k6
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To: Vn_survivor_67-68

Last word.


727 posted on 05/24/2006 1:14:49 PM PDT by Jezebelle
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To: David Allen

"First of all, it's a well known fact that women talk 3 times as much as men. The average woman says 7000 words compared to an average man's 2000."

Actually, this is probably true. Its the Mars vs Venus thing. I love words, they are like jewels to me, the means of expression. Most of the men I have known, including my ex, (really, a very decent fellow), were men of few words. As you say, their 2000 to my 7000 would not be too far off base.

My feelings about the SANE nurse, is that she more than likely followed the protocol of her institution. This is drilled into us, over and over again during our training. I am a nurse, just a garden variety LPN. (Don't understimate the experience and skills of my group. We are the overworked backbone of long term care, along with CNA's. Very Few RNs to be had there. We perform ALL jobs that are left exclusively to RNs in the bigger hospitals. We are trained and competent.) (See, I love words, lol). But it is drilled into the heads of ALL nurses, to follow the established protocal and procedures of our institutions. Justify your actions, or inactions, and document, document, document.

If this nurse was responsive to her training, she acted in accordance to protocol. That being said, there is the real POSSIBILITY, these times being what they are, that what she SAW was colored by her own personal bias. Nurses are human too. If you believe most of the women coming to you for assessment are more than likely the victims of brutal, nasty men, that is what your assessment will reveal.


728 posted on 05/24/2006 1:15:18 PM PDT by pj_627
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To: Jezebelle

The only kitties I see here are you two.


729 posted on 05/24/2006 1:18:24 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: ltc8k6

Yeah, the whole case is a stump that keeps getting whittled away one piece at a time.....with an axe!

They really didn't need the DNA.

They really didn't need a credible "victim."

They really didn't need evidence of condoms.

They really didn't need a broomstick.

They really didn't need an identification.

They really didn't need trauma.


730 posted on 05/24/2006 1:18:37 PM PDT by Jezebelle
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To: David Allen
Nice. Very subtle. How often do pull this little fit? How often do you start in with people implying they'll be banned because they displease YOU?!

You can check out my posts, all 38,000 of them any time you please.

I don't concern myself with people who disagree with me; I just don't like trolls.

Trolling isn't an opinion; it's an atitude. And you have it.

731 posted on 05/24/2006 1:19:32 PM PDT by js1138 (Well I say there are some things we don't want to know! Important things!")
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To: pj_627

I don't disagree with your post. "Probably did it right" versus "might have been influenced" is an important distinction.

I would love to know if the SANE's opinion has changed any since the facts have changed. If she were told the facts about the drivers and the boyfriend, and about the fall, would she be so inclined to act as she did?

People who are good people often make a mistake of judgment in a moment.


732 posted on 05/24/2006 1:21:51 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: zaxxon

These three men are getting an education they never anticipated. If Nifong has no evidence he should lose his license.


733 posted on 05/24/2006 1:24:28 PM PDT by Libertina
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To: David Allen

"I would love to know if the SANE's opinion has changed any since the facts have changed. If she were told the facts about the drivers and the boyfriend, and about the fall, would she be so inclined to act as she did?"

So would the defense like to know, and I'm sure they'll ask.


734 posted on 05/24/2006 1:24:56 PM PDT by ltc8k6
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To: ltc8k6

the SANE could be a good witness for the defense.

She's got to have knowledge that pimps rape and/or have sex with their prostitutes regularly.


735 posted on 05/24/2006 1:34:05 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: maggief

Sorry. I'm not a nose man.


736 posted on 05/24/2006 1:36:50 PM PDT by PeoplesRepublicOfWashington (Enhance Capitol security: Censure Cynthia!)
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To: Libertina

Three lives are destroyed because we have a system that launches into high gear the instant any woman - no matter how many motives she might have to lie - claims she's been raped. So a drunk, cracked out ho suddenly is lifted up and treated like she's the queen of the judicial system.

It's inherent in the system, which has no real checks, no real stoppers.


737 posted on 05/24/2006 1:38:06 PM PDT by David Allen (the presumption of innocence - what a concept!)
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To: David Allen

I think Crystal could have used a "stopper".


738 posted on 05/24/2006 1:39:46 PM PDT by Locomotive Breath (In the shuffling madness)
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To: David Allen

Have an issue with , or about women? Get over it!

Why are you slamming nurses?


739 posted on 05/24/2006 1:40:17 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: Dukie07


Ha! Absolutely, Dukie.

Furthermore, it fits with the patterns of 3's in this case:
3 men attack her 10 years ago.
3 men attack her at the lacrosse house.
3 possible sources of semen. (probably 33 sources)

I'm surprised she wasn't missing 3 SHOES!!!!!!!


740 posted on 05/24/2006 1:40:40 PM PDT by zaxxon
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