RN MARY ANN LAGUE

MARY ANN LAGUE

Thursday, September 1, 2011

DIRECT of MARY ANN LAGUE

RN Mary Ann Lague is a forensic nurse examiner in Northridge Hospital at Van Nuys.  Took sexual assault examiner class in 1999 and hired at Northridge. RN Lague was observed and observed at CA Hospital.  She did her pediatric training at UCDavis (didactic) and hands-on.  She has a Certificate in forensic nursing from the University of Colorado as of 2003.  She also completes continuing education.  Prior to 2009, RN Lague performed 12,000-15,000 SART exams.  She examined JT.  JT arrived early around 4:30AM for SART exam.  This was followed with a written report in the waiting room with an advocate.  The interview took place across from the police officer room and was recorded.  JT started with why she went to the house.  JT said the name of the assailant to be “Alex Da Silva.”

In JT’s interview, RN Lague focuses on trauma history to then look especially at sites mentioned and then record injuries.  JT said fingers went into her vagina.  JT said no penile penetration as was moving side to side.  In the Transcript interview given at the preliminary hearing, JT used the word “penetrate” when discussing this wth RN Lague. RN Lague discussed further if D penetrated with his penis.  She asked if D had fingered JT.  JT stated yes. RN Lague then asked if it anything else was used.  JT stated no. RN Lague asked if the penis came close.  JT said yes on the side. RN Lague didn’t show JT a vaginal diagram to point where she was touched. RN Lague doesn’t discuss with JT any anal/gential contact as her focus is not the offense but the injury [nurse not investigator].  After performing the patient history recording, RN Lague gave JT a physical exam.  JT brought her clothes in.  There was a head to toe assessment.  They use an alternative light source to shine over the body to look for saliva or semen, swab that, put it then on a rack to dry.  Then look for bruising, marks, places where D may have touched or kissed, swab that.  The genital exam is conducted with a colposcope, a microscope with a camera on the back that magnifies up to fifteen times. It can take photographs.  They also used a speculum.  Exterior and interior swab are done to look for identification DNA of assailant.  Then sent to the Crime Lab.  JT brought clothes.  RN Lague collected skirt, boyshorts, underwear, and two shirts.  These were placed in a sealed bag and given to the Officer Vanderpoint. (pg.8)  JT mentioned her left breast was painful and there appeared to be a possible bruise, on the areola of the breast, different shade and put it down in the report as a possible bruising.  RN Lague asked JT to come back in three days to follow-up.

Prosecution Exhibit 11

Photo #1: JT’s face

Photo #2: Close-up of JT’s left breast nipple

Photo #3: JT’s left breast

Photo #2: There is a bruise at 5’oclock in the L-ruler

JT gave history of painful sucking and it was still painful for JT the next day.  RN Lague noted the correlation between the finding and her statement.  JT came back three days later on April 1, 2009 for a follow-up.  RN Lague was still able to observe coloration. JT came back because the DA and Detective Derr wanted to interview her that day.  RN Lague normally sees a patient with such injury a week later.  She said it could or could not be a bruise but something was there. 

CROSS-EX of RN MARY ANN LAGUE

JT used the word penetrate in the context of “not able to penetrate” with RN Lague.  D was not able to penetrate JT’s vagina with his penis.  In RN Lague’s report, under Section G, “Penetration of the vagina by penis” there are four possible answers: YES/NO/ATTEMPTED/UNSURE.  RN Lague marked “ATTEMPTED.”  RN Lague conducted a head to toe exam to document every injury.  RN Lague can’t determine why or what caused the bruising.  No injuries whatsoever were visible.  Under pg. 2, Section F, “Methods Employed by Assailant’ part of the “Assault History”: Grabbing and holding are circled.  D’s body was on top of her, staddling with his legs.  JT told RN Lague she was on the couch and then went to the floor. 

Defense Exhibit U

Under Section H, the general physical exam, p.4 there is a Bodygraph displaying female bodyfigure from the front and the back.  On the front, “Tender” is marked on the areola region as are the words “Swab”.  On the back, “WNL” was marked meaning “Within Normal Limits”.

RN Lague admits she should have marked the bruise on the nipple on the report but it is documented elsewhere.  There are no other injuries.  RN Lague did not note any friction burns.  Friction burns are caused by something moving across a surface.  There were no rug burns or carpet burns to her back.  If there were, it would have been indicated.  There are sections for lacerations and even “OI” for “other injury.”  If JT had any, RN Lague would have documented it.  RN Lague wrote that she would like JT to come for a follow-up.  JT came back.  RN Lague wrote her findings upon examination of the areola.  “Discoloration” appeared to be the same on April 1^st as was on March 29^th.  Over course of three days, the discoloration and bruising doesn’t necessarily change.  RN Lague wrote, it is “possible this finding is not due to bruising.”  JT couldn’t tell RN Lague if it was due to bruising.  Often paitents have bruising and are unaware of it.  On March 29^th, JT said she didn’t think she had any bruising.

RN Lague indicates to JT that “she didn’t know either.”  JT never told RN Lague had really dark bruising on her breast.

RE-DIRECT of RN MARY ANN LAGUE

RN didn’t interview JT on April 1, 2009.  RN Lague doesn’t remember talking to JT about discoloration on breast.  She can’t say either way.  The exam was two years ago.  RN Lague didn’t note in the report but does mention that it is harder to tell with darker skin tones (JT is Asian/Polynesian.)