In Haskell rape trial, nurse says she found blood, abrasions during exam; defense questions evidence-collecting procedures

The nurse who was responsible for examining the woman who has accused two former Haskell Indian Nations University students of raping her told jurors Wednesday that she found blood and bruising on the alleged victim.

Elaine Swisher, a nurse at Lawrence Memorial Hospital, testified that she examined the woman on Nov. 15, 2014, and found discoloration on her neck, upper arms and left front thigh.

Fresh blood and other abrasions were also found during the woman’s pelvic examination, Swisher said.

The woman testified on Tuesday that the two men forcefully restrained her and raped her in their dormitory room on the university’s campus.

After the encounter, the woman said she went back to her dorm room, then stopped at a friend’s room and took a shower before another friend called police.

The woman said she told police what happened and then was transported to the hospital, where she told Swisher her story during a rape kit examination.

Swisher told jurors that her observations of the woman’s genitals were consistent with the story she was told.

The two suspects, ages 20 and 21, were arrested on Nov. 15 and were later released after posting a $75,000 bond each.

The trial for the 20-year-old suspect began Monday. He faces two felony charges of rape and one felony charge of aggravated criminal sodomy. The 21-year-old suspect faces felony counts of aiding and abetting attempted rape and two counts of rape; his trial is scheduled to begin July 25.

During Swisher’s testimony, defense attorney Sarah Swain questioned whether she followed proper examination protocol.

Photographs of blood and some skin discoloration were either darkened or out of focus, Swisher admitted. Only a picture of discoloration to the woman’s neck was clear.

“The other discolorations, none of those are visible with the pictures you took?” Swain asked.

“No ma’am, they’re not,” Swisher replied.

Swisher also said she did not collect the woman’s underwear during the examination, despite hospital policies directing her to do so.

Throughout the rest of the day Wednesday, four police officers and two detectives testified.

Swain, alongside defense attorney Cooper Overstreet, questioned police on their preliminary investigation procedures.

During their preliminary investigations the officers and detectives all said they never entered the woman’s room, to collect evidence or otherwise, when the incident was reported.

A bag containing the woman’s clothes, which were worn during the incident, was given as evidence to Lawrence Police Officer Scott Chamberlain, he testified. However, those clothes were collected by the woman’s friend rather than by police, and Chamberlain said he did not verify whether they were the correct items.

Although their procedures were questioned, the officers and detectives said that there were many members of law enforcement at the scene and that all had their own respective duties. Those duties included interviewing the woman and taking her to the hospital, interviewing the suspects and standing guard outside the suspects’ dorm room.

The trial, which is scheduled to last eight days, is scheduled to continue at 9 a.m. Thursday.