Tar Heel Fan

Tuesday, May 23, 2006

Game. Set. Reasonable Doubt

The defense lawyers for the accused Duke lacrosse players filed motions to have the Durham DA Mike Nifong release all of the evidence he had to them in a discovery motion. Nifong turned over 1300 pages of evidence which the defense promptly leaked to the media. According to Fox News the evidence basically shreds any and all credibility this woman had left and cast serious doubt on any hope these three men or any others on the Duke lacrosse team did anything but talk nasty to her. Included in the relased documents are conflicting stories, denials that it happened followed by a admission that it happened. The accuser also asserts her fellow dancer was in the bathroom when the raped occured(how big was this bathroom?) The dancer, Kim Roberts, denied to police that she was there but I am unsure if that was before or after the Durham DA attempted to coerce her with an arrest for a parole violation. The report from the nurse who did the rape kit found very little evidence to support forcible rape. Also at the center of the discovery is what is not there and that is toxicolofy reports for the accuser which were either not done at the hospital or were done and not released to the defense. Nifong told WRAL that if there was a report then it would have been in the papers released to the defense. The toxicology report is important because of eyewitness testimony that the accuser was drunk and Nifong has even hinted that a date rape drug may have been used. Which begs the question be asked: If there is no toxicology report then how does he know a sedative was used? If he has a report, why then has he not turned it over? I think the answer is clear. The case is hanging by a thread at this point and I can only assume we are a short while from its complete dismissal and the serving of a civil lawsuit against the players, Duke University, and anyone else who has money.

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