Kirk Osborn's Motion File Nos. 06 CRS 4334-356, Dated the 7th of June, (Affidavit of Counsel for the Defendant in support of Motion to Suppress Non-Testimonial Photographs), states on the first page that officers were called to Kroger on Hillsborough Road on March 14, 2006 at 1:22 a.m.
1:22 a.m.
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Yes, I know when the call came in from Kroger. Not disputing that.
Shelton's report bears the same case number and it begins with the call from 610.
So Sutton could not have responded at 1:22 regarding a rape, even if it took her an hour to get to the ER and the AV was in fact there by the time Sutton arrived.
If Sutton responded at 1:22 to a call, it wasn't about a rape.