DURHAM N.C.
Attorneys for a player charged in the Duke University lacrosse rape case asked late last week for any notes or other material related to the accuser’s medical exam that have not been turned over by the prosecution.
The motion, filed by attorneys for Duke graduate and team co-captain David Evans, is the latest from the defense to suggest that District Attorney Mike Nifong has not turned over all the evidence he might have in the case. Last month, Nifong provided nearly 1,300 pages of discovery, saying that was all he had to turn over.
In the motion, lawyers Joseph Cheshire and Bradley Bannon said Nifong talked to the media about the medical exam a day before it was printed by the hospital on March 30 in answer to a subpoena issued by the prosecution. That means, the defense said, that Nifong must have had notes or other documents related to the exam on which he based his comments.
“One can only conclude that Mr. Nifong viewed a critical medical report that has not yet been provided to the defense in discovery,” the motion said.
The defense also asked to be allowed to personally review the Durham police’s entire investigative file.
Nifong’s office said he would not comment about the filing. He has generally refused to talk about the case since early April, after initially speaking openly about the investigation after it became public in late March.
