Friday, May 26, 2006

More Missing Evidence in the Duke Lacrosse Case

In addition to there being no toxicology report on the alleged victim, the defense lawyers have now filed a motion to say that more evidence seems to have been left out of the pile of material given to them last week. There is only one sentence of an investigator asking her what her alleged attackers looked like.
But lawyers for Collin Finnerty say those documents include only one reference to police asking the accuser for a description, in what appears to be an investigator's note.

"I asked her questions trying to follow up on a better description of the suspects, she was unable to remember anything further about the suspects," the note from Durham police investigator B.W. Himan says, according to the motion filed by lawyers Bill Cotter and Wade Smith
It makes sense that the investigators asked her that question more than once, or, if they didn't, it seems like another hole in their investigation. Did she describe one of the attackers as having a moustache? When she identified the picture of David Evans she made a reference to a moustache and it certainly sounded as if she was referring to something she'd told the investigators previously about one of the men having a moustache. Did Nifong leave that remark out of the material given the defense or did these policemen just take her word for it that she had no memory of what her attackers looked like and make no attempt to gently lead her to remember some key details such as height, hair color, clothing, and facial hair? Can the prosecutor's case get any weaker?