Posted on 06/08/2006 2:03:55 PM PDT by Mike Nifong
The motion also says the alleged victim told Durham police that she had performed for a couple at a Raleigh hotel hours before the Duke lacrosse party. She told police that she used a vibrator. Osborn suggests that could be the source of the vaginal injuries mentioned in the rape kit report. (snip) Osborn says the accuser gave conflicting accounts of what happened. The motion says medical records indicate she told a doctor that she used no alcohol or drugs. The accuser told the sexual assault nurse that she had consumed one drink of alcohol and was taking Flexeril, a prescription drug used to treat muscle spasms.
The alleged victim told a doctor the next day at UNC Hospitals that "she was drunk and had had a lot of alcohol that night," the motion said.
She later told police that she had consumed a 24-ounce bottle of beer and then told police she had two 22-ounce bottles of beer, according to the motion.
(Excerpt) Read more at abclocal.go.com ...
I still disagree, although what you suggest does happen frequently. But I think it's apparent that Mangum does not want to testify, so that places her in the "NO MONEY" category real quick.
They can sue in their own home jurisdictions. They don't have to sue in NC.
Does NG give any legal reason why she thinks it should be disallowed? Or is just a matter of her preference, lol?
One of the TH's on Greta said that Nifong is going to have to come out of his bunker to respond to the motion to suppress the photographs. Nifong must make a substantive response or risk the identification (including an in court identificaton) being thrown out. Without an identification, there is no case. (as if there ever was....)
Does she say why, in her infinite wisdom, we shouldn't believe her about Kim but should about the boys?
She used mumbojumbo legal reason. Wish I could give you a exact quote.
:)
Well, damn. Now you've piqued my curiosity. I'll have to record it later, then DVR through the whole show to find it.
just damn.
:>
Officer's 'omissions' targeted in lacrosse motion
By John Stevenson : The Herald-Sun
jstevenson@heraldsun.com
Jun 8, 2006 : 10:43 pm ET
DURHAM -- The exotic dancer who has accused three Duke lacrosse players of gang-raping her was drinking while taking medication that night, and had sex with at least four men and a sexual device in the days immediately leading up to the off-campus party, according to court papers filed Thursday.
And despite what Durham police have contended, a medical examination showed no signs of the sort of sexual or physical attack of which the dancer complained, according to the motion filed by defense attorneys for Reade Seligmann.
Among other previously undisclosed details, the motion says the woman at one point accused her female dance partner of helping the lacrosse players rape her and of stealing her money.
And she told one medical staffer she drank at least 44 ounces of beer, and told another she took a powerful muscle relaxant and drank beer before going to the party at 610 N. Buchanan Blvd. on March 13.
Lawyers Kirk Osborn and Ernest Conner contend in the motion that police Investigator Benjamin Himan and the Police Department illegally and deliberately withheld those and other details that were damaging to their investigation.
For example, they say, Himan knew but did not mention in a probable-cause affidavit that two examining physicians said the dancer complained only of vaginal rape, even though some charges in the case are linked to allegations of oral and anal penetration.
Himan also neglected to note that the accuser told one doctor she was not hit and did not complain of any pain, or that she told the sexual assault nurse examiner she was not choked, according to the documents.
That conflicts with statements from police that the woman was kicked, strangled and beaten while being sexually assaulted.
Police officials wouldn't respond Thursday to questions about the documents.
"The Durham Police Department is not commenting on any specifics of the Duke lacrosse case," said police spokeswoman Kammie Michael.
The defense lawyers say the omitted information is critical to the case. Had it been included, they contend, police may not have gotten permission to perform a photo lineup that led to charges against three team members.
As a result, the lineup and any identifications obtained from it should be thrown out, Osborn and Conner argued.
If Himan had been forthcoming in an affidavit seeking the lineup March 23, they said, Superior Court Judge Ron Stephens would have had no legal basis for allowing the photographic identification procedure in the first place.
The new documents come as national media, three months after the alleged attack, continue to zero in on the lacrosse case.
USA Today ran another story Wednesday, Inside Higher Ed had a piece Thursday and the latest edition of the magazine Vanity Fair has an interview with Kim Roberts Pittman, the second dancer at the lacrosse team party. The latest edition of the Duke alumni magazine also features an account of the lacrosse case as its cover story.
The paperwork filed Thursday includes lengthy, handwritten statements from the second dancer and from the alleged victim's "driver," along with insights into the accuser's medical condition on the night in question.
Among numerous revelations, the documents say the alleged victim performed with a vibrator for other spectators before going to the North Buchanan Boulevard house late on March 13.
Defense lawyers said the vibrator, rather than a rape, might have caused "signs or symptoms of vaginal penetration."
In addition, the dancer told her driver she was "involved in some sexual manner with at least four different men" between March 10 and 12, and she admitted to a physician the next day that "she was drunk and had had a lot of alcohol that night," according to the documents.
The accuser's medical records were among nearly 1,300 pages of documentation defense lawyers got last month from District Attorney Mike Nifong.
Although the records remain sealed to the public, attorneys Osborn and Conner quoted from them extensively in Thursday's paperwork.
The other suspects in the case are David Evans, who graduated from Duke in May, and Collin Finnerty, like Seligmann a sophomore at the time of the alleged attack.
All three have claimed innocence and are free under $400,000 bonds as they await further legal developments.
The paperwork filed Thursday largely targeted Himan and omissions he allegedly made in seeking a photo lineup.
After seeing the lineup, the alleged victim said she could identify Seligmann and Finnerty with 100 percent certainty as being among three men who allegedly assaulted her. She said she was 90 pecent certain Evans was among them.
But defense lawyers recently revealed details of an earlier photo lineup in which the woman failed to identify Evans at all.
The lineups reportedly contained only pictures of Duke lacrosse players.
link is up.
http://www.herald-sun.com/durham/4-742621.html
Sorry to put you through all that. ;)
Himan also neglected to note that the accuser told one doctor she was not hit and did not complain of any pain, or that she told the sexual assault nurse examiner she was not choked, according to the documents.
More good news for Nifong's case. LOL
I agree either the chief of DPD wants nothing to do with this, he is somehow linked to Mangum or his mother really turned sick enough that he needed to go care for her. I have no way to know which of the three it is.
Ted - These kids at the party didn't have clean hands.
Yep, Tap and the band with the 12" Stonehenge set and the amps that went up to 11.
Except for the accuser's...
Have to keep a look out for that one.
If some of the players were to sue her, what exactly would they collect? A lifetime supply of free dances?
I think a suit could do a couple of things:
1. Get them a judgement in case she sues and a Durham jury awards her some money against them. They can then just subtract it from what she owes them.
2. Clear their repuations to some exent with a judgement.
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