Defense Calls for Evidence in Duke Rape Case

WTVD/Durham ^ | May 22, 2006 | AP

[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.

[Enterprise]

Hey Nifong - looks like yer big mouth is biting you in the butt! HAHAHAHAHA

[Always Right]

The only evidence the defense needs is they are rich and white. Guilty as charged.

[geezerwheezer]

I'm just waiting for the hairy dog that's coming along that will bite this dipstick Nifong in the ass and get this stupid case dismissed with prejudice on the d.a.'s part. It is coming, just don't know when it will get there.

[don'tbedenied]

After following this case closely from the beginning I am sure that;

Nifong does not have an ace up his sleeve, he doesn't even have a sleeve.
Nifong is willfully not collecting evidence or keeping it because almost all of the evidence is exculpatory.
The defense will continue to drop poop bombs on Nifong because they have tons of exculpatory evidence.
At some point the case will be dismissed, either by a defense a motion granted or the AV (aka False Accuser-CGM) withdrawing because of pressure, nervous breakdown, Duke Lax KKK members, whatever.
Nifong will never admit he was wrong.

[SE Mom]

Hannity is reporting defense says :

She changed her story multiple times- in the beginning she didn't say she was raped. Also claimed the other dancer was in there- and she (Kim Roberts) said that was a crock.

Main story leading Hannity tonight.

[flalib]

I am no attorney, but somewhere I heard something about never asking for anything in court unless you already know the answer. Thats why the defense is pushing so hard. I believe the toxology tests were done (per the news report), but not published because the FA declined the test. I can't imagine a hospital in today's day and age not testing someone in her condition - if she left and keeled over they would be liable. Now, if the tests showed anything to help the FA, you better believe it would be part of the case. The reference to the newsweek article is simply cover - I believe the goal is to force Nifong's hand as to the test results. I believe a similar strategy exists with the cell phone.

Now my question for the attorneys? If the hospital has such records (even though the AV/FA indicated they didn't want the test performed), are they discoverable.

[SE Mom]

Yikes...also- according to the defense - when she was asked who might test positive for DNA inside her- she named her boyfriend and her two "drivers"...

On Hannity now.

[zaxxon]

Just saw that.

HUGE revelations on Hannity.

And Liefong knew ALL of this stuff.....absolutely unbelievable. This man has NO shame. Disgusting.

[Howlin]

Major Duke LAX ping!

She had two drivers who took her to FIVE 'events' the weekend before this happened?

The girl is D O N E!!!!

[Howlin]

What I heard on Hannity was unreal.

No brusing, no tears, no bleeding?

Just swelling?

[Jet Jaguar]

Agreed.

[OldFriend]

Wondering if the Justice Department will get involved in this case.

Seems that this travesty has gone on long enough.

[Tarheel]

I am going to crude but no wonder she had evidence of sexual assault. Oh Tarheel don't say this but she was a busy little beaver! Shut my mouth!

[Howlin]

I cannot believe they charged those boys.

I just cannot believe it.

[SE Mom]

I could NOT believe what I was listening to. And- when questioned who might have left some DNA inside her...she gave 3 names- her boyfriend and her DRIVERS???

Just beyond comprehension..

[Jet Jaguar]

DRIVERS

Yep, she said it.

[SE Mom]

You'd THINK so, wouldn't you?

I really hope Greta covers this tonight and lets Aruba rest.

[Howlin]

What in the world do people like Alan Colmes think Nifong could "have" that would warrant these charges?

[Sacajaweau]

btt