They still wanted toxicology reports on the accuser, who police first thought was drunk when they found her after the party. Nifong said on his way out of court that he had no report to turn over. The lawyers also awaited records from a Durham detoxification center, where the woman first reported she was raped. Nifong said that he is waiting for the record but that it would be only a single-page log.
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One document missing was toxicology reports. Nifong told the court he didn't have a toxicology report to turn over, although he later refused to say if such a test was performed. Defense attorneys said later they don't believe one was.
"I thought when you went, and somebody looked like they were drunk or on drugs or something that somebody would do toxicology," Cheshire said. "I mean, I'm just surprised they didn't, that's all."