Would never show up on a typical tox screen.
Tox screens are generally worthless as well.
It’s not something that would be routinely tested for. Someone would have to be suspicious that it happened and test for that specifically. And very likely they would have to send the specimen to some outside lab to actually do the test.
Also, I’m kind of guessing here, but I don’t think that knowing whether the drug was present or not is actually going to change what the hospital will do to take care of her. So it’s not clear why anyone taking care of her would order it unless there were some sort of investigation for it was requested. This isn’t like a sexual assault case where it is clear that critical evidence needs to be collected.
I could imagine some kind of hormonal test being done with illness and a miscarriage but IANAD and just guessing. Caffeine?
I assumed that the allegation against Miller was that he obtained commonly used drugs given for abortions (e.g. misoprostol, mifeprestone) and mixed them in the smoothie.
If that is the case, it would be damning if such medication was found in her blood. But I don’t think that one could prove they were there without testing for them specifically. I’m extremely doubtful that any test of hormone levels could conclusively prove that such medications were given (and I’m not motivated enough to look into it). So someone would have to suspect that they were given without her knowledge and go out of their way to test for their presence.
EDIT: After looking into it some more misoprostol has an extremely short half-life, so unless someone tested her pretty fast, it will be gone. Mifeprestone has a longer half life, but still need to check in under a week of the smoothie. Normally the two drugs are given together, but it does seem that misoprostol alone can cause abortions. So if Miller put a fuckton of that into the smoothie, and no one suspects it in under a day, it would likely be extremely hard to detect even if someone was looking for it.
Yeah it sucks in America you’re a good chance to get shot. My father and I used to vandalise right wing signs on our neighbours houses with no worries in Australia. Was one of the few father son moments we enjoyed.
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Nope. You test for bhcg level, blood counts, blood type. None of which would prove some sort of med given
This is mostly right, but misses a few key points.
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You’re right about hormone levels. If they did test, if they were low/high it would just be chalked up to the pregnancy not working. Miscarriages happen all the damn time. Seriously see one per shift.
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Not sure about the half-life stuff. You can test for metabolites of other drugs, that might apply to misoprostol too.
If you had some fancy schmancy mass spec you might be able to do it. But I don’t have it available as an order.
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So assuming he did it, sounds like he will get away with it. Even if it could be shown he obtained the drugs, bought a smoothie, and texted ex, “Hey I’m on my way with a special treat for you!” that doesn’t seem like enough, short of an admission or witness.
So it’s basically just like Postle, where there’s insufficient evidence to convict him, but also enough evidence where his defamation lawsuit gets LOLed out of court hard enough for him to have to pay attorney fees?
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What’s Postle up to right now? Surely not still grinding games? I lost track of that because I barely check 2p2 anymore.
Miller isn’t suing the ex he allegedly smoothied, is he? If he is, that seems… dumb. But ianal.
Not exactly, it was posted above that he sued Gizmodo for reporting about the court filing that alleged that he smoothied her.
Ah. That got pushed out of memory somehow. It was dumb. Idk how the hell these people manage such complicated lives.
There was a youtube of him getting owned representing himself in court, but it went private.
Michael Postle vs. Veronica Brill
Nature of Proceeding:
Filed By:
Motion for Attorney FeesBensamochan, Eric
Defendant Witteles’ Motion for Attorneys Fees incurred in connection with defending the SLAPP suit and filing the anti-SLAPP motion is unopposed and is ruled on as follows.
Plaintiff’s claims in this action for defamation and libel against moving party arose from a few phrases contained in a single post by defendant on a website on the issue of plaintiff’s alleged cheating at on line poker games. Defendant has established that Internet post and the phrases therein were not only fully protected by the First Amendment, but also concerned matters of public interest, including “consumer information affecting a large number of persons.” Carver v. Bonds (2005) 135 Cal. App. 4th 328, 492-93(issues pertaining to consumer protection are matters of “public interest.”) Therefore, the allegations fall squarely within the definition of a SLAPP suit.
Defendant seeks $43,314.50 for attorney’s fees and costs associated with defending the SLAPP lawsuit file by plaintiff.
…
The Court is limiting the fees for the research and drafting of the anti-slapp motion to 20 hours at the $695 rate. Therefore, the Court is subtracting 23.5 hours of time (excessive hours for drafting and research (23 hours) plus .5 hour for reserving the hearing date) which equals $16,332.50. Thus, instead of the requested fees in the amount of $42,879.50, the court is awarding reasonable attorneys fees incurred in defending this SLAPP suit in the amount of $26,547.00,plus costs in the requested amount of $435 for a total award of fees and costs of $26,982.
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Both with him and Miller, the lesson for these cases is always call, never fold. They don’t have a hand, even if they aren’t aware of it. This goes for 90% of Trump’s cases as well.
I need to write an email to opposing counsel telling them they need to either drop a case or just lose. The ultimate result is inevitable but plenty of unnecessary effort can be avoided.
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Yeah, I didn’t want to look into this stuff either, that’s why I said it would “likely be extremely hard to detect”. Not a certainty.
The drugs disappear because the body eliminates or metabolizes them? Columbo would have the fetal remains recovered and tested, but I have no idea if that’s possible or any more likely to yield evidence.
I think bolded, if it existed, would be a huge extra piece of evidence that doesn’t currently exist. It also sounds like her miscarriage was somewhat atypical. I haven’t read any primary sources but it was described in this thread that she “nearly died”. There might be something there for an expert witness to work with.
But as it is now, I don’t know how you get him on criminal charges. I think he is a piece of shit, and even I wouldn’t convict him on this. And I would have snap convicted Postle. I don’t think there was an evidence problem there. It was a case of getting lay people to understand the evidence.
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Basically the drug is metabolized into other molecules, which may in turn be metabolized further into other breakdown products. Eventually all this stuff is somehow excreted and/or turned into something that can’t be determined to have come from an exogenous source. If someone had some highly sensitive detection methods they could maybe figure that she was given a certain drug. But in this case one of the potential drugs is metabolized very quickly, so you would likely need to get a sample of something pretty early after the smoothie consumption to have a good shot.
Also IIRC she was about 8 wks pregnant when this happened. If that’s right I don’t think there would be any remains for Columbo. After looking into it for a couple of min it looks like embryo at that gestational age weighs about 10g or so (the estimates on this I found were varying).
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No, he’s in a custody battle with a woman he had an affair with. The smoothie story was weaponized for use against Miller. It sounds like the story was known in local Republican circles and was uncovered because someone was tweeting hints about it.
This is just a reminder that AJ Delgado was an early Trump supporter and had her affair with Miller while working for the campaign. She’s unhappy that her role was reduced on the campaign, allegedly because she was pregnant, and that she didn’t get an administration job, leading to a sex discrimination law suit.
I don’t know what the status of that custody battle and, frankly, I don’t care. Fuck 'em both. We can use this story to disparage Miller without allowing Delgado to look sympathetic and give her an avenue to rehabilitating her image.
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