Reply #25: A very minor point

[chookie]

My understanding (please see above) is that the SANE does not perform a tox test as part of the protocol -- it's not what they do, and this is not an indication of incompetence by the SANE.

The ED doctor -- who sees the patient before the SANE, is to deal with urgent medical conditions -- is the one who should assess whether a tox test is called for (again, see the posts above). Why the ED did not order a test, when presented with a highly chemically impaired patient reporting she had been raped, is one of the baffling facts of this case.

Consent to toxicology in a circumstance like this seems to be paramount, if the ED did not order tox tests based on symptoms before the SANE took over. Why the accuser did not consent to toxicological tests is a matter of conjecture. It's a pity, because the results would have corroborated or not the allegation that drugs were involved in the alleged assault. If she did not consent, the reason is a matter of investigation, particularly as not long ago she was involved in a rather dramatic auto theft, seeming to try to run over a police officer during a high speed chase etc, while highly intoxicated (it is reported by police that she passed out several times during their investigation.) Is it a reasonable conjecture that -- at least -- she has a history of lack of impulse control while highly intoxicated (1.9 level), which suggests a pattern of disfunctional behavior?

Again I say, pity the tox tests were not performed -- IMHO they would have provided clues as to the events of that night.

It's kinda weird that Nifong had us all waiting for the tox findings -- and now claims none are available for examination. What the heck really happened? Was he mistaken -- or possibly suppressing the outcome of the tests?

As to whether the case will proceed or not -- my assessment is that it will, not on the basis of available evidence, but because Nifong and the accuser are stuck in a mess of their own creation, which is "politically" supported, but not factually supported.

The case MAY be dropped if the accuser is advised -- by some pretty powerful legal artillery now at her disposal -- that she can do better pursuing this matter in a civil case. Big buckos may lie ahead for her and her attorney....