Medical records of the alleged victim in the Duke lacrosse rape case suggest she might not have been tested for drugs or alcohol, according to a defense filing Monday...
the nurse who filled out a report on that exam indicated no toxicology tests were performed, according to a defense motion filed Monday.
Several attorneys not connected with the case said Monday they were surprised by the apparent lack of a toxicology report.
If such data showed the exotic dancer was intoxicated on the night in question, it could be highly beneficial to the defense, lawyer Mark Edwards said.
"Either way -- whether it was a date-rape drug or voluntary intoxication -- it would affect the reliability of her identification," Edwards added. "It goes to the question of her credibility."
Defense attorneys said there was no toxicology information contained in the 1,278 pages of evidence turned over by the DA's office last Thursday, May 18th.
"If there was a toxicology report available, it would've been included in the discovery I handed over to the defense," Nifong told WRAL on Monday.
Nifong told WRAL he had turned over all the evidence he has to-date and that when any new reports or documents come in, they too, would be handed over to the defense
The evidence provided to the lawyers includes mention of a blood sample and cheek swab taken from the woman, but a nurse trained in sexual assault examination specifically noted that toxicology samples were not collected, according to Seligmann's court papers filed Monday.
The District Attorney, Mike Nifong, in a Newsweek interview had hinted at the presence of a date-rape drug in Ms. Mangum:
Nifong, a white man who is running for election in a racially mixed county, hinted to NEWSWEEK that blood and urine tests of the woman would reveal the presence of a date-rape drug.
Something is rotten in the state of
If there is no toxicology report, the rape examination done on Ms. Mangum by a SANE [Sexual Assault Nurse Examiner] nurse and a doctor at Duke University Hospital on the morning of March 14th was unprofessional and an act of malpractice. How could Nifong then say what he did to NEWSWEEK?
If DA Mike Nifong is withholding the report, that is unprofessional and another act of prosecutorial misconduct.
The only possible out might be that Ms. Mangum refused to take a toxicology screen [urine test]. What does that suggest?
Anyway you slice it, add something else to the list for rotten fish stories coming from Durham.
Defense Attorneys Seek Toxicology Reports On Accuser In Duke Case [wral.com, May 23, 2006]
Defense seeks toxicology reports [Herald-Sun.com, May 22, 2006]
Defense seeking results of tests [NewsObserver.com, May 23, 2006]
What Happened at Duke? [Newsweek, May 1, 2006]
related - "one more cut"
Duke Lacrosse Rape Case: Dying the Death of a Thousand Cuts [TJN, May 20, 2006]