Posted on 06/16/2006 10:39:09 AM PDT by freespirited
DURHAM -- Two defense lawyers in the Duke University lacrosse rape case unveiled Thursday what they called a "very significant and disturbing deficiency" in the prosecution's evidence: paperwork indicating District Attorney Mike Nifong began discussing the accuser's medical records even before they were in his possession.
Among other things, Nifong made public statements about possible condom use by the alleged rapists, even though the accuser told hospital officials that no condoms were involved, lawyers Joe Cheshire and Brad Bannon wrote in a new court motion.
The two attorneys represent indicted rape suspect David Forker Evans, who graduated last month.
Nifong declined comment.
Cheshire and Bannon said Nifong's office subpoenaed the accuser's medical information from Duke University Hospital on March 20 -- six days after the sexual assault allegedly occurred during an off-campus party at 610 N. Buchanan Blvd.
However, the records were not printed out in compliance with the subpoena until March 30, and Police Investigator Benjamin Himan didn't pick them up until April 5, Cheshire and Bannon wrote.
As the basis for their motion, the two attorneys cited nearly 1,300 pages of documentation they received from Nifong last month, but which they did not thoroughly review until more recently. The accuser's medical records were included.
Cheshire and Bannon said that, according to the documentation, "It is reasonable to assume that the earliest point in time when anyone involved in the investigation and prosecution of this case could have received any details from Duke Hospital ... about the hospital's treatment of and interaction with [the accuser] was April 5, 2006."
Yet, Nifong began talking publicly about the situation on March 27, Cheshire and Bannon said.
For example, Nifong told a local television station on March 29 that he had no doubt the accuser -- an exotic dancer -- had been raped. He cited a "personal review" of the woman's medical records and added: "My reading of the report of the emergency room nurse would indicate that some type of sexual assault did in fact take place."
The same day, Nifong told a newspaper the attackers "could have used condoms" that might have eliminated any DNA evidence, according to Cheshire and Bannon.
And on March 30, the lawyers added, Nifong stated on a nationally televised morning show that there was "no doubt" a sexual assault took place. He said: "The victim was examined at Duke University Medical Center by a nurse who was specially trained in sexual assault cases, and the investigation at that time was certainly consistent with a sexual assault having taken place, as was the victim's demeanor at the time of the examination."
Ten days later, Nifong granted a newspaper interview after DNA testing produced no matches between any Duke lacrosse players and the accuser, Cheshire and Bannon wrote.
"I would not be surprised if condoms were used," Nifong said at that time. "Probably an exotic dancer would not be your first choice for unprotected sex."
Giving Nifong the benefit of the doubt, Cheshire and Bannon conceded Thursday that he might have gone to Duke Hospital and viewed the accuser's medical records before police picked them up on April 5, or someone at Duke might have taken the records to Nifong or spoken with him about them.
But the latter scenario would not explain Nifong's public statements implying the use of condoms, Cheshire and Bannon said.
By his own count, Nifong granted dozens of media interviews in the early stages of the investigation. He has since adopted a general no-comment policy.
In addition to Evans, two other Duke students recently were indicted on rape, kidnapping and sex-offense charges in the case: Collin Finnerty and Reade Seligmann, who were sophomore lacrosse players at the time of the March party.
All three suspects have proclaimed their innocence and are free on $400,000 bonds as they await a trial that, according to Nifong, might begin next spring.
ping
I still think there should be a federal civil rights investigation of Nifong.
What happens at trial is irrelevant. Nifong is going for a reelection, not a conviction.
Just out of curiosity. Is Nifong a Democrat?
He won re-election knowing he was pushing a no-win case. Now he'll clam up and you know he won't make as much noise about thier innocence as he did pushing the bs story about thier guilt.
Considering that he just won the Democratic Primary on May 2nd, I'd say he could be considered one.
If he's in the wrong and there's no letter after his name you know he's a Democrat. There were no Republicans running in that particular DA election so yes this low-life, lying weasel is a Democrat (sorry for being repetitive).
Do Bears crap in the woods?
Of course he is --- one can usually assume that elected officials within predominately black electorates -- are Democrats, with rare exceptions...
Semper Fi
The way the MSM and Nifong have characterized the LAX players they are a bunch of rich, drunk, devil-may-care, sex-crazed maniacs who didn't care about anything but a good time....why would they stop and think....Hmmmmm.....Do I have any condoms????.....if they were out to rape this poor innocent woman???
Why? They haven't dropped the case against 'Scooter' Libby yet. Justice system. Yeah.
Let's be fair here - Nifong consulted Miss Cleo and she visualized the medical records before they were completed. :)
"Probably an exotic dancer would not be your first choice for unprotected sex."
I agree with you. Of all the asinine things that Nifong has said, this statement may be the stupidest on so many levels. I do not know very much about rape, but my guess is that in a good many rapes there is little premeditation. When it becomes a gang rape, I would think it becomes even less premeditated. Using terms like choice and actually comparing rape to sex is not insightful. It has always been my understanding that rape often has little to do with sexual desire but it is a crime of violence, power, and humiliation. At least that is the way I thought about when I analyzed Clinton's rape of Juanitta Broaderrick, which by the way was premeditated.
Guys, I've not seen this discussed, but does Nifong have some other relationship or association with the Duke Lacrosse team or any of it's members?
This looks like a personal vendetta against these guys.
Does Nifong have a dughter of college age? Could some relative of his had a bad experience with the Lacrosse Team?
This is like adding 2 + 2 and getting Frog Intestines as the answer.
Not only that, he insulted the hell out of the stripper when he said that having unprotected sex with her wouldn't be your first choice! In other words he is admitting that she is a low life scum bag but what the hell, on one is going to point out the obvious about a Dem DA.
Outrageous....is this justice in America?
"Do Bears crap in the woods?"
Not if they live at the zoo! Sorry could not help myself.
>>>"Probably an exotic dancer would not be your first choice for unprotected sex." >>>
Was it "protected sex" or "rape with use of a condom", Nifong can't have it both ways.
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