Reply #34: Point taken... so let's get into that conjecture

[BrownOak]

You are correct, it is the ED who has to make the call to run a tox screen.

As for why the AV would possibly refuse the tox screen, I can't think of a single reason that would not be helpful to the defense's case. The only realistic possibility in there is that she didn't want the police to know what was or was not in her blood at the time. I suppose that it could be possible the AV had some illegal substance in her blood but was still drugged with roofies and didn't want to get in trouble for the illegal substance. But given the way Nifong has cut corners and made deals to pursue this case I find it hard to believe he would prosecute the AV for any illegal drugs that may have been in her blood.

As for your other points, I agree that this case is going to go forward because of the political situation. That's why I've repeatedly said he has no choice at this point. I don't think we can state that it is not factually supported since we don't know all the facts. Remember that we've only seen what the defense has shared from the investigation and the discovery. Who knows what else is in there.

I also think the civil action is going to depend largely on what comes out from the criminal trial.