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 ...
Why would only one of the ho's have a driver for this event?
Exactly. A desire to see the falsely accused treated fairly does not mean one favors rapists. If the person is a violent rapist, I want them going away. But they're not guilty simply because someone wants them to be.
I just noticed this thread has been downgraded from "General/Chat" to "Smoky Backroom"!
LOL - smoke 'em if you got 'em, folks!
I suspect CGM's license is probably suspended.
I don't know that plaintiffs would win, but I think they get past Summary Judgment. Once you get to deposition of Nifong, the DPD and the City staff chances are decent that someone cut a corner, destroyed some evidence, suggested something to w a witness. its worth a go and I'll bet you could get a contingency fee lawyer to take the case for just costs.
Alia, there is another case in Durham which deserves much more time & attention from the local authorities instead of a bogus rape charge.
http://www.wral.com/news/9084288/detail.html
One Year After Homicide, Durham Woman's Family Looks For Answers
POSTED: 11:14 pm EDT April 28, 2006
UPDATED: 11:49 am EDT April 30, 2006
DURHAM, N.C. -- It's been one year since 25-year-old Janet Abaroa was stabbed and killed in her Durham home, but her killer is still on the loose. After a tough year without her, her family is honoring her memory.
Durham police say the case was not random, but they still haven’t identified a suspect. Abaroa was killed with her 6-month-old child in the house. There was no sign of forced entry.
One year later, Abaroa's family is desperate for answers.
"We don't feel like we are any closer to an end than a year ago," said Abaroa's sister, Dana Kendall.
Abaroa never made it to her first Mother's Day, or her son's first birthday. Her family didn't know it when she died, but an autopsy revealed she was pregnant again.
"They knew this would be hard on me, so they didn't tell me for quite a while," said Janet Christiansen, Abaroa's mother.
Along with sadness, many family members feel frustration too, but not at police.
"We know they are doing all they can," says Abaroa’s sister-in-law Connie Christiansen.
They feel helpless in knowing their loved one didn't have to die.
"It was a deliberate act of someone taking her life, and it didn't have to be," says Kendall.
The investigation has revealed Abaroa and her husband were having money problems. Raven Abaroa pleaded guilty to embezzling from his workplace. He now lives in Utah with the couple's child.
Abaroa's sisters say they don't speak to him often. Her mother wishes she could just speak to her daughter again.
"I can't call her on the phone," said Janet Christiansen. "I had her message and someone inadvertently deleted it. I was mad and furious for a week. I wanted to hear her voice."
Now, her family and friends are her voice. On Saturday night, they'll light candles to remember her.
The candlelight vigil will be held in Janet Abaroa's honor Saturday at 7 p.m. at the Civic Center Plaza on Foster Street in Durham. Candles will also be lit in several states at the same time.
Reporter: Melissa Buscher
Photographer: Ed Wilson
Yes, but we hear about CGM's drivers and pimp, but no mention of either for Kim.
Has there been any info regarding Kim's biz associates?
Seems odd that CGM has so many associates and Kim has zero.
I'm relatively new around here and I don't get the difference. Can you explain all that to me?
You're older than me, friend! Got me beat by a couple of months, LOL.
Among the subforums, I gather News/Activism gets more traffic than General/Chat than Smoky Backroom. Some time back I noticed the Admin Mods started to reclass the Duke lax threads into General/Chat and out of News/Activism. It appears when there's a bit too much flaming a thread gets moved to Smoky Backroom, and the next step is pulled entirely.
Thanks.
If the plaintiffs get past a motion to dismiss, or summary, durham will fold. The liability is catastrophic. In a typical 1983 case, the plaintiff is an undereducated person who, rightly or wrongly, had little loss of income or reputation. Those plaintiffs receive millions of dollars. OVer forty high performing young people whose lives were turned upside down, the claims would exceed 100 million and going to trial would risk the entire city of durham. If it gets that far, and I hope it does, the city managers will throw somebody under the bus. Partcialy, with a federal jury, the jurors will not all be democrats from durham.
Dream on! No way Bush will step into a racially charged thing like this. The "Rs" would be branded as racsits protecting the children of rich whites, a Halliburton connection would be found... I kid you not. Nope this will stay at the local or state level.
This guy reminds of Dan Blather in the final days of Blathergate - a mindless zombie oblivious to the truth as it overtook him.
On a more serious note, would the fact that Nifong refused to hear exculpatory evidence prior to indictments add to any possible charges of prosecutorial misconduct?
Your commotion is completely unwarranted.
A poster wants to give the SANE nurse the benefit of the doubt, and that means all women are untrustworthy and in collusion?
It appears to me you've already made up your mind about the nurse due to your preconceived notions about women.
And BTW, it rather amusing to see someone complain about insults in the same post you call posters "shrews".
At a lacrosse game? Well if any liberals ask where you were you might want to say you were hanging out with strippers, pimps and escorts, lest they think less of you! LOL.
Seriously though, yes as a general principle the fact that Nifong refused to consider proffered exculpatory evidence prior to making a decision to indict could be relevant to a claim of malicious prosecution or a federal 1983 claim (as well as failure to meet ethical standards), but then we need to consider the particulars of the evidence offered.
For example, if the defense had communicated to Nifong that they had ironclad evidence that the particular suspect was in another city on the night in question, and Nifong refused to even listen to what their evidence might be, that would clearly be probative of prosecutorial misconduct.
On the other hand, if the evidence the defense offers to Nifong has to do with the particular time at which the particular suspect attended the party, and Nifong has not even publicly indicated the exact time during which he plans to prove the rape took place, then Nifong has a basis to argue that that type of defense evidence is something that would be appropriate for a jury to hear, and does not necessarily demonstrate that he abused his office by seeking an indictment based on the evidence he has.
And don't ever think that there wasn't a test done and just not "on the DUKE CASE record". The sign off is that it can't be used for evidence IN THIS CASE. It could have been done privately.
Nose. Blood.
(thank you)
Kim called the Escort Service???That's what we want to know. Now all we need is a phone call on Crystal's phone to the same number....say about 12:15.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.