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Duke Lacrosse: Court Hearing, No Toxicology Report Turned Over

There was a hearing in the Duke lacrosse players' alleged rape case today. Reade Seligman's bond was reduced.

DA Mike Nifong confirmed he had not turned over a toxicology report to the defense -- but he refused to say whether toxicology tests had been performed. Update: Fox News is reporting Nifong said no toxicology tests were conducted. So why did Nifong put out the date rape drug theory?

Among the items Nifong has yet to turn over is an analysis of the accuser's computer, which he said was still pending, and records from the mental health facility where authorities took the woman before she told police she had been raped. The only record from the facility, Nifong said, is a single page from a log book he is still working to obtain.

Also, the judge ordered Nifong to turn over reports from the accuser's 1993 gang rape allegation.

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    TL wrote,
    DA Mike Nifong confirmed he had not turned over a toxicology report to the defense -- but he refused to say whether toxicology tests had been performed. Other items not turned over.
    That's not what I heard. I heard him say there was no such report.

    imho: when a judge interrupts you while you are doing an introductory statement, it is a slapdown. You said,
    Did he sound angry or annoyed to you Sharon?
    No, of course he did not. But unless you have a sense of the dynamics of a hearing before a judge, you might not understand the point. Stevens interrupted Nifong to stop him. Point to the defense, followed up by more than one point for the bond reduction. Your thoughts on that?

    Me too, Newport. Nifong, who has so much recent experience with rape cases, said there were no tox reports to turn over. Now, of course, he could mean "I have tox screenings in the works that I am delaying, in violation of discovery laws and rules and intentions." Do you think he meant that, imho?

    Oh me, oh my...I come back from out-of-town to find a gazillion posts and even more exciting, my own personal Lewis Cheek petition in my real mailbox to sign. Localone, any further updates on whether or not Candidate Cheek will arrive at the party? Our house is signing this baby no matter what. Our bottom line is that whether or not a crime occurred (most likely not,) madman Mikey's methods of, ahem, investigation put us more to mind of a Kangaroo court--albeit a slow one--than to one we'd like to think is the norm for 21st century USA. In that vein, I'd respectfuly like to ask inmyhumbleopinion, Durga, PB, and Lora--if you ladies/gentlemen lived in Durham, would you be disappointed in Nifong, City Manager Baker, and especially in the line-up procedure? Would you be disappointed that the police/Nifong diverted resources from a quadruple homicide to pursue DNA evidence in this case? (I know, Lora, rapes are horrible crimes, but I don't think the families of the four murdered young (black) men would think a rape should take precedent over their sons/brothers case.) Just curious. Because I have to tell you it's enough to make me cry to think that you HAVE to have money in this community to pay for good attorneys to protect you from politically-motivated DAs and the judges who coddle them. Seriously, for most of you people, this is just great television. I envy your luxury. Living here is no fun. Sigh. I need another vacation now.

    weezie posted:
    For the love of Mike (NOT Nifong,) reading that ridiculous line, "Sweetheart, you aren't going anywhere..." over and over again is making me feel like kicking somebody in the butt, too.
    hahaha

    TL, you said, in part:
    So why did Nifong put out the date rape drug theory?
    For the same reason Nifong opined that comdoms being used could account for the lack of DNA linking the accusers to the rape. Even though he knew, or should have known, at that time, that his victim, in at least one of her statements, said no condoms were used. For the same reason Nifong acted out a scenario of a woman being choked from behind while brutalized. Even though he knew, or should have known, that his victim, in at least one of her statements, said she was not choked. For the same reason that Nifong said that the Duke players were not cooperating. Even though he knew, or should have known, that the players who lived in the house had gone beyond cooperation. I think Nifong bought in, early, to his victim's statement. When he was still talking, all he was doing was try to find ways to make her story work, hoping that the evidence would bear her, and him, out. Hasn't happened.

    SharonInJax posted:
    Stevens interrupted Nifong to stop him.
    Point to the defense, followed up by more than one point for the bond reduction.
    Your thoughts on that?
    I didn't see the bond reduction discussion. Did Nifong oppose a reduction? Stephens clearly favored Nifong in both hearings. He ridiculed Osborn about the "complicated" military records. I actually felt bad for Osborn about that. Stephens runs a tight ship, but he wasn't the least bit sharp with Nifong's about the snarky rape kit comment. It was a "now, now, we don't need to get into any of that". You can bet Osborn is glad he won't be before Stephens next time. Last hearing:
    OSBORN: And then, your honor, I understand that it is custom at least in this county that we would be permitted to actually go over to the law enforcement officer's agency and actually go through their files, all their files, all their notes and so forth, personally.
    STEPHENS: Well I'm not aware of that custom. I believe perhaps maybe that's your take on the custom. I'm not aware of that custom. I mean you surely have the discovery process and you have what you're allowed by statute and then, frankly, whatever else the D.A. allows is his call.
    OSBORN: Yes, sir.


    And by "you people," I mean all the posters on this board, not just the four individuals to whom I posed my question. It's hard not to look at a car wreck, isn't it?

    SharonInJax posted:
    Now, of course, he could mean "I have tox screenings in the works that I am delaying, in violation of discovery laws and rules and intentions."
    Do you think he meant that, imho?
    No, I don't think he means it is being tested. It doesn't take that long to test. If his intention is to stall, why hurry? If they have the blood it can still be tested.

    There should be no surprise regarding any of the things that Nifong has said to the press. HE IS NOT GOING BY THE MEDICAL REPORTS AND THE STATEMENTS CONTAINED THEREIN. He is going by the statement that the FA gave to the Durham PD sometime later. Who knows the date of Precious' statement? She probably says that they used condoms in that statement to the police. All the inconsistencies in the prior statements will be chalked up to stress, trauma, etc. He has a statement and an ID and he will get it to a Durham jury. And, he will get a hung jury. He comes out of this as a hero to a certain segment of the population for standing up for the underprivileged. Some jurors in Durham may be like Durga, PB and imho and vote to convict based on the calling of names alone and the broomstick comment. Nifong is both a fox and a fool.

    Stephens clearly favored Nifong in both hearings. He ridiculed Osborn about the "complicated" military records. I actually felt bad for Osborn about that. Stephens runs a tight ship, but he wasn't the least bit sharp with Nifong's about the snarky rape kit comment. It was a "now, now, we don't need to get into any of that". You can bet Osborn is glad he won't be before Stephens next time.
    All of this is true unfortunately. Stephens showed his true colors today.

    Anyone have an answer? How does a 14 year-old go to a hospital after she was gang raped and the facility not notify the authorities?

    Cousin: Students may have drugged dancer
    A cousin of the accuser in the Duke University rape case says she believes the young woman was drugged at the party in Durham, N.C., where she said she was attacked.
    The cousin, who wanted to be identified only as Jackie, suggested in an interview with "Inside Edition" that drugging might account for any inconsistencies in what the alleged victim has said happened.
    "I can't specifically say what my cousin says," Jackie said. "But what I believe is that she was drugged, and if you've been drugged and had alcohol mixed with some kind of cocktail of course you're going to be delusional."
    The alleged victim, a student at a historically black college in Durham, says three members of the Duke lacrosse team raped her in a bathroom during a party where she was working as an exotic dancer.


    Regarding the lack of a tox report, I thought that certain date rape drugs leave the system pretty rapidly. They could have been gone, if she'd had any, by the time the AV got to Duke. Perhaps when the AV talked about the two 22-ouncers and the flexeril, someone decided NOT to run the test because of what it WOULD find. This whole case is such a crock.

    And did Bissey just confuse the lingerie with a short skirt?

    No, no, no, NO. Newport and imho (never did I think I would group you two together). imho: Stevens admitted, in the process, that he either did not have or had not looked at third one of the military records requested by Osborn. He did not interupt Osborn about a point of law, or courtroom demeanor. Yes, I do think that Stevens is a "pro-prosecution" judge, and most of his decisions will relect this. Not to mention (an odd idiomatic experssion because I am about to mention) that just about every and any judge will err on the side of the prosecution. As they should. Test question for everyone here: do you understand why a judge will, by and large, rule in favor of the prosecution? Here's a hint: the prosecution cannot appeal a not guilty verdict.

    imho: are we to infer that the same level of credibility should be given to the "Duke alum payoff" report as to this latest, the "date rape drug"? Read that latest link: does the cousin ever say that the AV said she thought/believed/suspected she was "slipped" a date rape drug? No. So you have a family member trying to . . . what?

    All the Durham judges are liberal democrats that mostly went to UNC law school. None of them are going to put the slightest amount of smack down on Nifong. This is going to the jury, unless the FA can't be found or made to testify.

    Perhaps when the AV talked about the two 22-ouncers and the flexeril, someone decided NOT to run the test because of what it WOULD find.
    That someone would be the FA because she apparently did not consent to the screening. We will never know until the SANE nurse testifies.

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#19)
    by wumhenry on Thu Jun 22, 2006 at 08:25:14 PM EST
    IMHO wrote:
    He [Bissey] heard the b!tch word. He may have heard more.
    If he had heard players yelling the n-word, why would he have omitted that from his account? If he did not hear it, that gives the lie to Kim Pitman's testimony that they were shouting "N*,n*,n*" outdoors while she and the AV were in the car.

    The cousin, who wanted to be identified only as Jackie, suggested in an interview with "Inside Edition" that drugging might account for any inconsistencies in what the alleged victim has said happened. I wonder if cousin Jackie knows about the flexeril and the 44 ounces of beer that her cousin took before showing up at the show. We know that the reporter for the version of this AV puff piece that ran in the local paper didn't include the question in the article. I wonder if "Inside Edition" did. But I'm glad someone is feeding IMHO something that will give her hope for a conviction. This is my last time asking this: What the hell was Bissey talking about when he said that the AV was wearing a short skirt? Bissey supposedly saw the short skirt when he was watching the AV appear sober. If no one has an answer I'll just presume that Bissey just can't tell the difference between a skirt and lingerie.

    SharonInJax posted:
    imho: are we to infer that the same level of credibility should be given to the "Duke alum payoff" report as to this latest, the "date rape drug"?
    Read that latest link: does the cousin ever say that the AV said she thought/believed/suspected she was "slipped" a date rape drug?
    No.
    So you have a family member trying to . . . what?
    Sharon, I posted two articles. I did not endorse either one. I think it is good to know what is out there. Why so sensitive today?

    Moral of the story -- if you value your liberty, stay away from all things Durham. I always heard the best thing about Duke was that it was in North Carolina, and the worst thing about Duke was that it was in Durham. Now I know why.

    Newport:
    Nifong is approaching this case like a civil litigator, just win baby, on whatever set of facts works.
    Nifong is pretty scummy, but connecting him to an Al Davis quote is just low.

    By the way, thanking someone's grandfather for his cotton shirt is perhaps the lamest racial epithet I have ever heard.

    Sorry noname, I'll do better next time.

    Sharon, Is it because the prosecution can't appeal a not guilty verdict?

    By the way, thanking someone's grandfather for his cotton shirt is perhaps the lamest racial epithet I have ever heard.
    Yeah, never heard that one before. Wonder where that came from. I'll bet they were as mad as hornets about the money.

    Does anyone know anything about all the missing pages of the SANE report from the first discovery? Were they turned over today? Were they not turned over?

    Bob, there were no missing pages. Nifong the Great explained all that to the other dunces who should have known that their evidence bag was complete.

    Newport, I worked for over 25 years in a job with working class people of all races, ethnicities, religions, backgrounds. I have heard them all, and while people snipe and others they're generally most openly brutal about their own self-identified groups. I've never heard that one. It sounds to me like someone wanted to hurl a racial epithet but didn't know how.

    wumhenry posted:
    If he had heard players yelling the n-word, why would he have omitted that from his account? If he did not hear it, that gives the lie to Kim Pitman's testimony that they were shouting "N*,n*,n*" outdoors while she and the AV were in the car.
    I don't know if he did or not, but the quote seems to imply he heard more than one unkind remark:
    "There were no kind words of the things I heard that were directed at the girls," said neighbor Jason Bissey.
    Bissey did not come back out until the car was actually driving away. Kim did not report hearing the "cotton shirt" remark shouted at the moving car. The n!gger comments were made as she "went back to her car. I finally began leaving and the boys began yelling n!gger to us," so they were pretty close in time, but neither person reported hearing the other comment.

    In her show of concern for Sharon, IMHO wrote: Why so sensitive today? Sharon, if you're feeling a little sensitive, may I suggest a concoction of 44 ounces of beer and a flexeril or three. Just don't put on your teddy and go out dancing.

    I've never heard that one. It sounds to me like someone wanted to hurl a racial epithet but didn't know how.
    Agreed, that is the only explanation for something so bizarre. I suspect that the insult came from someone who never really was around people who knew how to throw some insults. Like you, I have been around a lot of people who have hurled racial insults (all kinds Italian, Polish, Black, Jewish, Irish, Asian, etc.) back and forth and I have never heard anything as, well, well, can't come up with the right word -- "nerdy" maybe as that one.

    BTW, my experience with Flexeril is that it is useless. I received a prescription once for a back thing but it didn't do a thing. Didn't try it with alcohol though.

    Bob, another thought on this. Maybe the real answer is that some people are so afraid to say the N word that this is what they came up with for a substitution. To me it almost shows a PC mindset on racially insulting someone. Do you think that is crazy?

    imho: any problems with Seligman's mother? No LPGA connection that I know of. She, like me, does not blame the accused. And I typed this, not being careful of how I phrased it, but I really wonder: Do you care about what the accused's families are going through, if their boys are indeed innocent, not simply not guilty? I am, tonight, sitting here still disturbed and dismayed. Part of that is the fact that this case is still going forward. At the risk of questions and dismissive answers, I will say this: I have never been raped. But there was a time when, if not for a roommate coming back to the room, I would have been. My only point in telling all of you about that is that I do "get it." Luckily for me, I do not know what it would be like to be raped. I do, however, know how it feels to think that there is nothing, nothing, NOTHING I could do. And what the AV in this case has said, the way she has changed her story, according to how sympathetic her audience was, the way her story can be corroborated by no one makes me think I came closer to being raped than she did. My son is the math wiz, not I. But has anyone worked out exactly how many stories the AV told that night? Understand, this is not a simple, "were you raped?" calculation. How many men? How much alcohol consumed by you? Who was there? Does it not bother any of the AV supporters that to believe her (final answer) story, you must disbelieve everyone else who was present at 610? Does it not bother you that you have to strain to define what the word "mustache" means? Does it not bother you that you retreat to condemning the alleged racist comments, even when the only independent witness can only confirm a tasteless, childish (but, and I am willing to admit, it was a Cameron Crazy kind of racial comment) taunt aimed at, perhaps, the stripper who just told them that she had called the cops on them? Do you, any of you, have the slightest bit of honest sympathy for the accused and their families? Do you not, after reading just the affadivits and police reports, see and feel reasonable doubt already? Do you really, still, think that Nifong gives a flying fuc* about the AV other than what she could, and did, do for his election? Ranting, in part, because I've got a leak, somewhere, in the plumbing between the upstairs and downstairs bathrooms - and it's dripping; I've got a daughter in NYC who calls with odd medical issues from time to time, expecting me to tell her what to do; I've got a (reminder of those who do not know what I said when I first posted on this board) son who fits the profile of what Mike Nifong sees as a potential rapist. imho, PB, Durga, and Lora, please tell me: other than the AV's identification of the three accused, other than her depiction of what transpired that night in that house (I will even let you pick which one of her stories you want to use), what evidence do you think is there? I am not trying to be confrontational. When I said, early on, that a part of me absolutely did not want the AV to be proved wrong, I meant it. Hell, even now, I have a hard time accusing her, blaming her. I think Mrs. Seligman and I have a lot in common, in mother terms. Notice, Mrs. Seligman was not asked to comment upon Mr. Nifong. Back to my, imagine if it were your son/brother/father/husband charged with what we know thus far. On the basis of this it is the good, right, thing to do, to protect the possible, potential future real rape victims?

    Durga: I know I said I would not respond to you, but then I read what you wrote about why I made that decision. It's a page or more behind this one, but I did answer you about the "if my son" etc.

    BINGO, Bob. The State gets one shot, the defense can go on and on and on. Think anyone is listening, and paying attention to that concept of jurisprudence? Even "pro-defense" judges err on the side of the side who has an appeal if the verdict goes wrong.

    Very eloquent Sharon, but you are wasting your time. Durga, imho and PB hate these men because of at least two things, 1) the racial insensivities they showed and 2) the sexist thing they did with the broom, nothing else really matters. Same with Victoria Peterson and others in Durham, NOI, New Black Panthers, etc., although they are more concerned strictly with the racial aspects. Why do you think they play all the games with the facts as we know them. If these three had their way there would be the racial vilification statute in play that Alan mentioned in New South Wales Australia -- first amendment be damned.

    Then why is the rate of success of appeals so low, like 1 percent?

    If, as Kim has stated, the players thought Kim was the Hispanic one, they would have hollered something else.

    Newport, I know, I know, I know. I know I should give up on changing minds about this case. But it maddens me. Are imho, durga, PB, et al, really that resitant to the possibility that the AV, in this case might have been a victim before she got out of a car in front of 610 N. Buchanan? Do any of you, the ones I described before and any others who agree with them, honestly believe the AV's "last answer"? Don't you, at least sometimes, find yourselves straining to make the AV's words fit, struggling to ignore her other words? Do you not find yourselves trying to redefine the meaning of the word "mustache"? Does it not bother you, the different, varying, and internally unreconcilable statements from the one person upon whom this prosecution rests? Are not any of you worried about Nifong's decisions, and the timing thereof? Can you only relate to the accuser, with no sympathy or empathy for the accused?

    Hell, it's too tough for me, in ways I've said before.

    I am very frustrated over this too Sharon.

    Newport -
    Some jurors in Durham may be like Durga, PB and imho and vote to convict based on the calling of names alone and the broomstick comment.
    When did I say I'd vote to convict based on "the calling of names alone"? In the same instance I said something that proved how I was racist? By the way, have you gathered the posts/comments I made that proved to you that I am racist against whites (or is it just white men?) yet? How about in imho's case? inmyhumbleopinion ("inmyhumbleopinion doesn't care about white people!") said -
    Stephens runs a tight ship, but he wasn't the least bit sharp with Nifong's about the snarky rape kit comment. It was a "now, now, we don't need to get into any of that".
    What was it that was said? BiP -
    Bissey supposedly saw the short skirt when he was watching the AV appear sober. If no one has an answer I'll just presume that Bissey just can't tell the difference between a skirt and lingerie.
    What now? That Bissey may have mistaken a lingerie for a short skirt is going to be used by you to undermine his claim that the AV appeared sober? But certainly not the account of the time-line, right?
    If, as Kim has stated, the players thought Kim was the Hispanic one, they would have hollered something else.
    They couldn't tell a mixed Asian woman from a Latina (at the very least they could have thought she was Filipino); they may just be that thick. Plus, if their aim was to insult, I wouldn't think it would matter much beyond being "not white".

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#47)
    by wumhenry on Thu Jun 22, 2006 at 09:49:48 PM EST
    Newport wrote:
    Maybe the real answer is that some people are so afraid to say the N word that this is what they came up with for a substitution. To me it almost shows a PC mindset on racially insulting someone. Do you think that is crazy?
    No. That's exactly what I was thinking. My guess is that the guy felt the sort of impotent anger and frustration one feels after being cheated and that he therefore derived some small satisfaction from reminding the welchers that people like him had ripped off their ancestors.

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#48)
    by wumhenry on Thu Jun 22, 2006 at 09:56:29 PM EST
    Durga_ wrote:
    They couldn't tell a mixed Asian woman from a Latina ... they may just be that thick.
    There's no real evidence of that. Kim Pitman didn't say that any of them said anything that indicated he thought she was hispanic. It was merely a conjecture on her part.

    Durga, I don't think anyone could tell what the racial background of Kim was, she said as much herself when she opined that they must have thought I was hispanic. She said she was frequently mistaken for Hispanic. Not everyone is as obsessed with race as you are and not everyone is as good as you are in ascertaining racial backgrounds. Robert's is a mix of a black father and a Korean mother, a fairly rare combination, and I doubt most people would be able to figure that out from looking at her. It doesn't make someone "thick" to not be able to figure that out. Call the boys what you want, but one thing they are not is thick. I suspect that they would run circles around you in any sort of objective intelligence measurement. It was interesting listening to Victoria Cunningham's questions to Cheshire at his press conference with Evans. She first started off with a tirade about the white players hiring black strippers, when corrected midstream by Cheshire that the players asked for white strippers, she agilely shifted gears. She then went off in a tirade saying, in essence, why didn't the white players upon seeing black strippers just send them packing and further about how evil it would be to have these black strippers enter the house. Cheshire replied that they didn't send them packing because maybe they had too much respect. Just goes to show that you can't win with people like that.

    There's no real evidence of that. Kim Pitman didn't say that any of them said anything that indicated he thought she was hispanic. It was merely a conjecture on her part.
    Of course I was going of the established stipulation that they were unaware she was black at all (ie. "thought Kim was the Hispanic one") and therefore the N-word wouldn't make sense. So, in that case, it would be safe to include as much.

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#51)
    by cpinva on Thu Jun 22, 2006 at 10:11:13 PM EST
    that just about every and any judge will err on the side of the prosecution. As they should.
    why should they? if the prosecution has done its homework, it doesn't need the judge's "help".
    Test question for everyone here: do you understand why a judge will, by and large, rule in favor of the prosecution? Here's a hint: the prosecution cannot appeal a not guilty verdict.
    so what? see above. in fact, that actually gives the defense other grounds for appeal, which is pretty stupid if you're a judge. actually, there are instances where the state can appeal, rarely. both the state and the defendent are entitled to a fair trial. in the instance where the outcome is fixed (due to jury tampering), the prosecution can certainly appeal the verdict obtained by a criminal act. to not allow it would be a gross violation of public policy. i watched the hearing, mr. nifong stated that there is no toxicology report. unless he enjoys his days spent behind bars, i submit that there is none. that being the case, any suggestion of a drug, other than alcohol & flexeril, both of which the AV stated she ingested knowingly, having been slipped to her at the party, is out. old blood is, well...............old. no toxicology report worth a damn will be performed on it, too many chemical changes can occur, to make it valid. just another nail in the swiftly closing coffin of this case. mr. nifong has...................nothing. he should consider himself fortunate if he isn't censured by the court. there is no smoking condom, there will be no last minute surprise witness, there will be no heretofore unknown videotapes or pictures of the act, because they just don't exist. if they did, as much media coverage as this thing has gotten, someone (in deference to IMHO) would have leaked it by now. this is the "DA that couldn't shoot straight". perhaps you're right, judge stephens is being deferential to the prosecution. he's scheduled trials so far down the road, if nifong is lucky, the media interest will die, and it can be quietly disappeared. this isn't to say that the AV wasn't raped, i have no idea whether she was or not. the only people that do were at that party. however, there is currently no tangible evidence to support the allegation.

    Not everyone is as obsessed with race as you are
    Erm, have you seen your posts? Would you like me to run them by you again? No need to fly off the handle once again anyway. It was all hypothesis.
    Call the boys what you want, but one thing they are not is thick. I suspect that they would run circles around you in any sort of objective intelligence measurement.
    Since you brought it up, I'm a skeptic and actually doubt there is an "objective intelligence measurement" considering it is biased to its time and the person who decides what qualifies as intelligence. But, hey, start a one-sided p*ssing-contest involving absent subjects if you feel it makes you happy.

    Since you brought it up, I'm a skeptic and actually doubt there is an "objective intelligence measurement" considering it is biased to its time and the person who decides what qualifies as intelligence.
    Of course you are. Objectivity in measuring intelligent wouldn't fit with your view of a proper world order.

    cpinva posted:
    old blood is, well...............old. no toxicology report worth a damn will be performed on it, too many chemical changes can occur, to make it valid.
    I've read studies on the storage of blood that was tested for GHB. They compared frozen, frozen thawed then refrozen, refrigerated, and room temperature storage. Even the tubes of blood stored at room temperature for six months had low enough levels of endogenous GHB to determine which samples contained exogenous GHB. The trick is COLLECTING the sample before the drug is eliminated from the blood and or urine. Once the sample is in the tube, it can be tested many many months later.

    cpinva posted:
    if they did, as much media coverage as this thing has gotten, someone (in deference to IMHO) would have leaked it by now.
    Thank you, I honestly appreciate the consideration. Sharon, Why do you consider me an "AV supporter?"

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#56)
    by JK on Thu Jun 22, 2006 at 10:46:22 PM EST
    IMHO posted:
    I've read studies on the storage of blood that was tested for GHB.
    Do you have a link? In any event, even if a test could be performed, the fact that it has not yet been performed strongly suggests to me that it won't be performed. Why would Nifong wait so long if he thought the blood might have useful evidence? Furthermore, IMHO, for someone who believes Mike Nifong to be an ethical (and reasonably competent) lawyer, can you think of any good reason (consistent with Nifong's responsibilities to find the true facts) why Nifong wouldn't have ordered such a test already?

    Defense Criticizes Duke Case Accuser
    DURHAM, N.C., June 22 -- A lawyer for one of the three Duke University lacrosse players charged with raping a woman said a police report released to the defense on Thursday showed that the woman initially claimed five men had sexually assaulted her. That assertion was immediately challenged by an investigator for the prosecutor.
    The lawyer, Joseph B. Cheshire, spoke to reporters after Michael B. Nifong, the Durham County district attorney, delivered 536 pages of documents to defense lawyers. Mr. Cheshire said a quick review indicated that the woman had given other versions of events. Mr. Cheshire described the woman as "the false accuser" and said she had claimed rape by 3, 5 and 20 men.
    Mr. Cheshire's news conference was briefly interrupted by Linwood Wilson, an investigator for the district attorney, who challenged him to show where in the documents the woman had changed her story. In an interview later, Mr. Wilson said he had seen all the evidence and that the woman, a 27-year-old student and stripper, had not changed her story.
    The case stems from a lacrosse team party on March 13, where the woman and another stripper were hired to perform. In a 50-minute court proceeding on Thursday, Mr. Nifong addressed defense lawyers' requests for more information, saying the requests had been mostly fulfilled in the material delivered, added to 1,278 pages released May 18.
    Judge Ronald L. Stephens of Durham County Superior Court reduced the bail for one of the three defendants to $100,000 from $400,000.


    Durga:
    They couldn't tell a mixed Asian woman from a Latina (at the very least they could have thought she was Filipino); they may just be that thick.
    Statements like this do not help your cause, they merely demonstrate your capacity to interpret facts selectively to suit your argument. Where is your evidence that people who cannot reliably distinguish racial characteristics have below average intelligence? The US is a racial melting pot. I see people of mixed racial origins every day without trying to figure out what those origins are, and if asked to do so, I would probably get it wrong a lot of the time. Your claim is as useful as it would be for me to argue that the people who are still not yet convinced that the AV made up the rape charges must be thick.

    Survey finds Durham's image not eroded by Duke case
    DURHAM -- Heavy media coverage of an alleged rape by three Duke lacrosse players has not eroded Durham's image and actually may have provided a positive bump, according to a Durham Convention & Visitors Bureau survey conducted two months into the case.


    Holy st*t, who is Linwood Wilson, and why would he step out of line like that? It doesn't seem remotely possible to me that an investigator from the DA's office would take on the role of challenging the defense at a press conference. Never mind that what he says is obvious bull sh*t given the medical report evidence. What in the world is going on down in Durham?

    imho, your post refers to a study of Durham's self-image:
    The new study said Durham's self-image remained unchanged during the lacrosse coverage for 76.4 percent of residents ...
    While any Convention & Visitors Bureau wants to show its city in the best possible light, in their business I think it's not really Durham's self-image that matters, but Durham's image elsewhere. This case must be hurting that, imho. We have to assume that they have not done that survey. Or if they have, they are not revealing the results.

    Of course you are. Objectivity in measuring intelligent
    Measuring "intelligent" what ...?
    wouldn't fit with your view of a proper world order.
    ??? The whole point is that ideally we could objectively measure intelligence, but not when we can't even decide what it is. What is my world view? Did I mention it in the same place where I show I hate white people?
    Statements like this do not help your cause,
    What is my "cause"?
    they merely demonstrate your capacity to interpret facts selectively to suit your argument. Where is your evidence that people who cannot reliably distinguish racial characteristics have below average intelligence?
    I said - They couldn't tell a mixed Asian woman from a Latina (at the very least they could have thought she was Filipino); they may just be that thick. Plus, if their aim was to insult, I wouldn't think it would matter much beyond being "not white". I didn't say people who cannot reliably distinguish racial characteristics have below average intelligence. I said, first, based on a hypothesis put forth they weren't even able to tell she was mixed Asian. If you saw that I was actually responding to somebody pointing out that if in fact they thought she was Latina then it doesn't ring true for them to use the N-word, it was to spring-board my point that them calling her the N-word if they didn't know she was black wouldn't be far off. They would indeed be "thick" for 1), calling her the N-word, and 2), using the wrong ignorant slur to boot. I do hold that they seem a bit non-worldly to not note the Asian in her (it is just the way I feel. Sorry. Maybe it is a decade of studying Cambodia) if in fact that is the case, but the "thick" did not refer to that. I was going to explain as much to Newport, but that is like trying to pee in the corner of a round room. But since you brought it up, you know that if they were able to tell she was Korean/black, then people here would be talking about how bright they are.

    Sharon, You wrote:
    imho, PB, Durga, and Lora, please tell me: other than the AV's identification of the three accused, other than her depiction of what transpired that night in that house (I will even let you pick which one of her stories you want to use), what evidence do you think is there?
    I am not privy to the Prosecution's case, and I don't expect to be until the trial. What I know of the case mostly comes from the defense, and what I find surprising is that despite the presence of so many witnesses, the defense is publicly pussyfooting around a very important part of the case... Were the defendants in the bathroom with the accuser? For example, take note of Seligman's alibi witness, Wellington... He signed the following document [excerpted]...
    2. I was at the lacrosse party at 61 0 N. Buchanan Blvd. in Durham, NC on March 13 running over to March 14, 2006. After the two women danced for a few minutes in the main livingroom, they then left the main living room. 3. Shortly thereafter, I then left the residence through the back door and talked to Reade. As, I went out the back door, I did not see or hear anything unusual. Once outside, I saw Reade, who appeared normal in all respects. We were both tired fiom playing golf that afternoon, and we had practice the next day. In addition the dancers had stopped dancing and were obviously impaired when they left the main living room. Reade said he had just called a cab and asked if I wanted to leave with him.
    Notice, please that between the time the dance ended and the time Seligman told Wellington that he had already called the cab, the following events occurred. 1. Wellington walked out the door. 2. Wellington saw Seligman. According to the defense's timeline, which has yet to face any of the challenges which customarily come with a trial, there were at least ten minutes between the time the dancers quit dancing and Seligman called the cab. That's a long walk out the door, no? Having had my deposition taken in a similar case, I can tell you with confidence that Wellington probably did not write the statement that he signed, and that the statement is carefully worded to avoid the mention of anything at all prejudicial to Seligman. Because the pertinent gaps in Wellington's testimony are where they are, Seligman has not successfully exonerated himself, even if we accept Welligton's statements unchallenged. And there is no reason but our internal prejudices to be doing that. You wrote:
    Does it not bother you that you retreat to condemning the alleged racist comments, even when the only independent witness can only confirm a tasteless, childish (but, and I am willing to admit, it was a Cameron Crazy kind of racial comment) taunt aimed at, perhaps, the stripper who just told them that she had called the cops on them?
    Before Kim Roberts found herself being used by disingenuous defense attorneys to further their agenda and resisted that she would have been considered an independent witness. She is characterized now as a company shill ONLY because of that resistance. It's a Machiavellian game. The only way to see through the machinations is through skepticism and disinterest. If you only apply your skepticism to the accuser and her story, particularly given the certain knowledge that the evidence is being selectively filtered by the defense, you are simply being dishonest with yourself. As for whether the gentleman who shouted the "Cameron Crazy" style taunt can safely come out of hiding, I think the answer is pretty much no. If the paper's ever get ahold of HIS name, he's going to get the Fuhrman treatment, there's no doubt about that. But he may find it isn't that bad. He can always take a page from WumHenry's book and dismiss the criticism as political correctness gone overboard. That's what I do when Newport accuses me of being a racist... It's just sticks and stones. Much ado about nothing. It's a coping strategy. You wrote:
    Do you care about what the accused's families are going through, if their boys are indeed innocent, not simply not guilty?
    Sure. But it would be disingenuous of me to start praising the game of golf simply because this particular family is going through the ordeal of a trial. Golf represents the most resources dedicated to the least people for the least exercise at the greatest expense of any sport I can think of. I would vote to criminalize it if someone else will go through the troublesome effort of getting it on the ballot. I'm afraid I'm not very good at the procedural stuff. I couldn't even get the ERA passed, and that was a serious no-brainer. Right Newport?

    Ah, but it is the greatest game invented by man and it teaches humility, honesty, and perserverance. It is an avenue to enjoy the friendship of others of all ages and provides an opportunity to see all kinds of natural wonders, it purifies the very sole. PB hates golf too. LOL!!!!!!!!! What sport do you prefer PB? Lacrosse?

    What about Reade's phone records PB? Do those count for anything? Or, was he committing the oral rape while talking to his girlfriend on the phone. She might be somewhat displeased to learn this. I guess it's possible like everything else in this case.

    I have learned a great many things on this board and I thank all those who have contributed to my education. By far, however, the most important thing I have learned from my experiences here is that there is no chance of an outright acquital in this case. Anyone reading the posts here will quickly recognize as much and wonder what this means for our system of justice now and in the future. I know I do.

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#67)
    by january on Fri Jun 23, 2006 at 12:51:46 AM EST
    from PB
    Before Kim Roberts found herself being used by disingenuous defense attorneys to further their agenda and resisted that she would have been considered an independent witness
    For saying the rape charge was "a crock?"
    She is characterized now as a company shill ONLY because of that resistance. It's a Machiavellian game
    Don't think so, PB. She's characterized as a company shill because she got a deal from the prosecution and changed her story.

    Newport, I don't know if you're right on the inability to get a unanimous jury vote. It's all so easy to hide behind the cloak of anonymity on a blog. Things are different in person.

    Durga:
    What is my "cause"?
    Having your arguments taken seriously. You now say:
    I said - They couldn't tell a mixed Asian woman from a Latina (at the very least they could have thought she was Filipino); they may just be that thick.
    but also:
    I didn't say people who cannot reliably distinguish racial characteristics have below average intelligence.
    So what is your definition of "thick"? Failing to see the contradiction in your own statements also does not help your cause. Good night, and good luck with getting people to follow your tortuous logic. You'll need it. You've already said enough to convince me that you do not respect logical argument, so I won't bother trying to follow any more of your posts.

    jk said:
    More importantly, as Bob has repeated many times, none of these statistics has any bearing on whether this case involves a false accusation.
    Lots of people say stuff like this but it isn't true. If a woman reports she was abducted and raped by space aliens the fact that abductions and rapes by space aliens are statistically rare does have a bearing on whether the report should be believed. That is an extreme example of course but in less extreme cases the statistics still have a bearing although it may be slight.

    SharonInJax said:
    Yes, I do think that Stevens is a "pro-prosecution" judge, and most of his decisions will relect this. Not to mention (an odd idiomatic experssion because I am about to mention) that just about every and any judge will err on the side of the prosecution. As they should.
    Test question for everyone here: do you understand why a judge will, by and large, rule in favor of the prosecution?
    I don't agree that judges should favor the prosecution. However many judges do favor the prosecution for basically the same reason that cops generally don't give other cops speeding tickets. The fact only the defense can appeal does encourage the defense to make long shot motions. If they are successful than the defense gains an advantage at trial, if they are unsuccessful than the defense has a possible basis for appeal. On the other hand if the prosecutor wins a dubious motion he is just setting self up for getting a guilty verdict overturned and if he loses a dubious motion he has wasted his time. If the defense is being paid by the hour and the prosecutor is on salarly that just increases the incentive for the defense to offer mnay more motions with little chance of success than the prosecution. When this happens even a neutral judge will rule against the defense more than against the prosecution but this does not mean he is biased.

    inmyhumbleopinion asked:
    Why do you consider me an "AV supporter?"
    I consider you a AV supporter for the same reason I consider Bob in Pacifica an AV detractor, you both consistently slant your posts albeit in opposite directions. You are smarter than Bob in Pacifica, it is too bad you can't find a better use for your brains.

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#73)
    by Alan on Fri Jun 23, 2006 at 02:13:41 AM EST
    january posted:
    Don't think so, PB. She's characterized as a company shill because she got a deal from the prosecution and changed her story.
    She's characterised as a shill also because it's a long way from Pittman's original 'krock' to her current position and she's on record wanting to spin this to her advantage. Indeed if you read the various and multiform Pittman statements with the same calculation PB demands in reading Wellington's statement her evidentiary value evaporates.

    SomeWhatChunky (what a great name).
    Newport, I don't know if you're right on the inability to get a unanimous jury vote. It's all so easy to hide behind the cloak of anonymity on a blog. Things are different in person.
    I hope you are right and you may be, but I think there is too much race pandering and racial animus in this case for an outright aquital. Jury selection can only do so much. I just don't see 12 Durhamites voting to acquit no matter how powerful the evidence is with respect to innocence. There is also no chance of conviction either, which is good unless you were hoping for an acquital to clear your name. Have you ever heard of a case where it was the prosecution that sought a conviction on the theory of "reverse jury nullification?" Have you ever heard of a rape case being prosecuted where the only semen found in the vaginal cavity of the alleged victim was not that of the accused? I wonder if there has ever been such a case in the history of American jurisprudence? Is Innocent around? Maybe she could look that up.

    Mr. Cheshire's news conference was briefly interrupted by Linwood Wilson, an investigator for the district attorney, who challenged him to show where in the documents the woman had changed her story. In an interview later, Mr. Wilson said he had seen all the evidence and that the woman, a 27-year-old student and stripper, had not changed her story. These guys are a joke.

    Morning everyone, Durga: The question about what Bissey saw, a short skirt versus what the AV actually saw, was raised to me by someone else, but I did notice it. One can argue that Bissey knew what time it was by looking at a clock. In fact, that's the only way that a person's testimony about the time can be judged. If Bissey said the women arrived at midnight but had no "clock" to verify it (time-stamped photo, watch, computer, TV program, etc.) the time hangs up there. Therefore, the time he reports is not independently arrived at. On the other hand, any observations are subject to all sorts of human imperfections. Seeing a short skirt when the woman wasn't wearing a skirt is a pretty big error in observation, especially when he was watching her walk a long time. I've gone into detail in the last string about Bissey's limitations regarding whether or not he could see the extent of the AV's intoxication.

    I don't know if you're right on the inability to get a unanimous jury vote. It's all so easy to hide behind the cloak of anonymity on a blog. Things are different in person.
    Doesn't that work both ways? A black juror may not relish the prospect of going back to their community and telling them they voted 'against' their icon.

    Well, it's clear that even the prosecution knows the case is a joke if Nifong needs to release an email exchange, his investigator resorts to heckle at a news conference over his shoddy work, and the cousin feels compelled to shift the focus away from the accuser's lies to alleged pay-offs and really turn this into Tawana Brawley 2. I'm frustrated too. So much for the truth. If a ton of money paid into Durham defense attorneys can't stop a disgraceful, oppressive justice system, then no one is safe. Fortunately the national focus on this story has shined a light on the problem. We now just have to be patient.

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#79)
    by wumhenry on Fri Jun 23, 2006 at 04:58:08 AM EST
    PB wrote:
    Because the pertinent gaps in Wellington's testimony are where they are, Seligman has not successfully exonerated himself, even if we accept Welligton's statements unchallenged.
    But putting Wellington's together with the AV's and Pitman's and Seligman's phone log does exonerate him. According to the AV, the rape did not occur until after she and Pitman left the house, were entreated to return by one of the players, were persuaded, and went back in. According to Pitman, before they left the house she and the AV locked themselves in the bathroom and had a conversation that lasted long enough to exhaust the patience of some members of their erstwhile audience. And according to Seligman's cellphone log, he was occupied in phone conversations with his girlfriend almost continually between 12:05 and 12:14, when he called the cab.

    Re: Duke Lacrosse: Court Hearing, No Toxicology R (none / 0) (#80)
    by Alan on Fri Jun 23, 2006 at 05:06:04 AM EST
    BIP posted:
    On the other hand, any observations are subject to all sorts of human imperfections. Seeing a short skirt when the woman wasn't wearing a skirt is a pretty big error in observation, especially when he was watching her walk a long time.
    One of the fiendish players could easily have put on a short skirt to confuse Bissey, perhaps while wearing a condom on his head. After all these, are the same people who concocted something which effected the Precious and Pittman differentially, and had the effect of de-intoxicating the Precious from the effects of the muscle relaxant and 40+ ounces of beer before re-intoxicating her from the effects of the concoction alone.

    A slightly more detailed interaction between Linwood Wilson and Joe Cheshire is here:
    When Cheshire told reporters that the woman claimed five people attacked her, investigator Linwood Wilson asked Cheshire to show him that page in the evidence. "You're welcome to come get it," Cheshire said. "Yeah, I'd love to see it," Wilson said. Wilson walked away, and Cheshire continued talking with reporters.
    You're right, banco. Wilson and Nifong seem to be cut from the same cloth. All bluster, no corroboration to their statements.

    James B. Shearer posted:
    I consider you a AV supporter for the same reason I consider Bob in Pacifica an AV detractor, you both consistently slant your posts albeit in opposite directions. You are smarter than Bob in Pacifica, it is too bad you can't find a better use for your brains.
    I don't consider Bob in Pacifica an AV detractor because he makes legitimate arguments that point out the weaknesses in the prosecution's case or corrects misstatements than impugn the defense's case. I consider Bob in Pacifica an AV detractor because, back when I read his comments, he continually lied about the accuser and her family. I do have a better use for my brains, it just doesn't require much of my time.

    Newport, regarding Flexeril and pain meds generally: Pain meds affect different people in dramatically different ways. When I worked in a hospital emergency room there were people who would come in routinely for sickle cell episodes and the standard opiate painkillers wouldn't touch the pain. Some nurses and doctors presumed substance abuse, and there is always the question of building up a tolerance, but it turns out that there is a significant segment of the population that does not get pain relief from opiates. Flexeril isn't an opiate, but I'm sure there's similar guidelines. A small woman should get a bigger kick from flexeril. If she were going to a dancing job and didn't appear otherwise injured so as to impair her ability to dance, one might surmise that taking the flexeril along with 44 ounces of Ice House was done with the intention of getting high. I've had several prescriptions of it over the years. I've found that the first one brings quite a bit of relief along with a pronounced drowsiness but after the first day or so it's lost its punch.

    Maybe this Linwood Johnson was the source for the City Manager's famous early investigation whereby the City Manager proclaimed to the media that as far as he knew the story has always been the same. It is starting to look like what we have in the Durham PD and DA is a set of people that can look at a set of inconsistent statements and somehow not see those inconsistencies and further can not see how others could not come to the same conclusion as they when viewing the statements. It really is quite remarkable what is going on.

    Good point Bob, I probably needed to take 2 or more. I always wondered why medication for humans is not prescribed by weight whereas it is for dogs and cats. The dose given to a 120 lb woman is not going to work on a 200 pound man.

    Good Morning...While I see that Lora has not been posting since I asked the above question, I note that Durga, imho, and PB have and wonder if you all missed the question or are perhaps ignoring it:
    In that vein, I'd respectfuly like to ask inmyhumbleopinion, Durga, PB, and Lora--if you ladies/gentlemen lived in Durham, would you be disappointed in Nifong, City Manager Baker, and especially in the line-up procedure? Would you be disappointed that the police/Nifong diverted resources from a quadruple homicide to pursue DNA evidence in this case? (I know, Lora, rapes are horrible crimes, but I don't think the families of the four murdered young (black) men would think a rape should take precedent over their sons/brothers case.)
    I'd appreciate your thoughts on this, especially because you seem to be the most inclined to believe the AV. Thanks. Hope the kitty's okay, imho.

    IMHO posted this, from a news story: In an interview later, Mr. Wilson said he had seen all the evidence and that the woman, a 27-year-old student and stripper, had not changed her story. Now, I'm not sure where the five rapists story appeared, but we do know about the flipflopping between the rape and no rape stories, and we know about the Duke cop overhearing the twenty rapists story. We have documents where the AV has differing accounts totally at odds with each other. For a DA's investigator to say that the AV "had not changed her story" may be an expected spin for someone out of Nifong's office, but it would be a lie. Did the reporter actually give examples and ask him to explain the AV's inconsistencies? Apparently not.