What a mutt. He doesn't have any evidence against the ones he did indict.
Three men none of them Duke lacrosse players and all of whose identities are known by ABC News were listed in the report as providing DNA swabs to be tested against the samples found on the alleged victim.
One of the three men has told ABC News that he spoke to the alleged victim the night of the March 13 party. Another man is the alleged victim's boyfriend, and defense attorneys identified him in a news conference as the "single source" of DNA found to date in vaginal swabs of the accuser.
It is unclear why the three nonlacrosse players were included in the sampling.
Defense attorneys have complained that the report does not say whether DNA was found from people other than those who provided samples the lacrosse players, the boyfriend, and the two other men. There is no way of knowing whether there was DNA from other people found on the alleged victim, the defense argues.
DNA Found Was a 'Mixture,' No Clear-Cut Link
According to the report, the DNA found under the false fingernail was a mixture, containing more than one person's genetic material. The report suggests that one of the possible people in that genetic mixture was the alleged victim.
The report says that genetic material with the same characteristics of two lacrosse players was found underneath a plastic fingernail in a trash can in the bathroom where the accuser says she was attacked. This may have been the link prosecution sources referred to when they told ABC News that test results could be "helpful" to the prosecution.
Neither of the two men linked to the sample were Reade Seligmann or Collin Finnerty, the two Duke lacrosse players indicted in the case. However, the third Duke player who may be indicted soon was in the mixture.
A DNA link is not clear cut with the type of test used in this case, DNA experts told ABC News. ABC News spoke with DNA analysts, including Brian Meehan, head of the Burlington, N.C., laboratory that conducted the set of tests used in the case. All of the analysts agreed that the most one could say about a specific person the alleged third attacker in the Duke rape investigation was that he could not be ruled out, but also could not be definitively ruled in.
"It's not what [prosecutors] were hoping for," said David Rudolf, a North Carolina defense attorney. "It's obviously somewhat helpful, but not nearly as much as if it was a match. Instead it's simply consistent with one of the players at the party."
The fact that the DNA sample found on the nail was a mixture makes it more difficult to be certain that it can be linked to any given person, experts said. Because many people in the general population share the same genitive traits, said Dr. Elizabeth Johnson, a California-based DNA expert, "there would be many people who could have the same traits as what shows up in the mixture."
Defense attorneys are already trying to use the lack of a clear-cut link to bolster their case.
"This report shows no conclusive match between any genetic material taken on, about, in, or from the false accuser and the genetic material of any Duke lacrosse player," said attorney Joe Cheshire in a news conference.
http://abclocal.go.com/wtvd/story?section=triangle&id=4173086