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Acosta plans to call a toxicologist to testify in the civil privacy suit, where the standard of proof is lower than in a criminal case. But John Gorman, a spokesman for the Cook County state's attorney's office, said prosecutors couldn't confirm the presence of a date-rape drug because the girl didn't come forward until nearly three days after the incident. By then, any such drug privacy would have left her system. "We didn't put a toxicologist on because there was no toxicology evidence," Gorman said. He said the prosecution only repeated the alleged quote from Missbrenner in closing arguments Friday -- privacy although it could be heard on the tape during four replays during the trial -- because "we had no physical evidence to back up what he was saying." The acquitted man's mother, Dobrila Missbrenner, said Saturday her son does not recall making the statement and said he might have been referring to liquor.
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