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NANCY GRACE TRANSCRIPT.

DAVE EVANS, DUKE LACROSSE PLAYER: My name is Dave Evans, and I`m the captain of the Duke University men`s lacrosse team. First, I want to say that I`m absolutely innocent of all the charges that have been brought against me today, that Reade Seligmann and Collin Finnerty are innocent of all the charges that were brought against them. These allegations are lies, fabricated, and they will be proven wrong.

GRACE: There you see the third indictee, David Evans, speaking out today. (INAUDIBLE) to that grand jury in the Duke University lacrosse rape investigation will be handed down, and it was.

Straight out to Kevin Miller, WPTF Radio reporter. Kevin, bring us up to date.

KEVIN MILLER, WPTF RADIO: Nancy, yesterday, Dave Evans graduated Duke, today indicted. Three counts: first-degree rape; first-degree sexual assault; and first-degree kidnapping. He was flanked by his parents and members of the Duke lacrosse team that graduated with him.

He says he`s absolutely innocent. He paints a different picture than what we`ve heard from prosecutor Mike Nifong. He said he did cooperate. That cooperation was ignored by the Durham district attorney. That was backed up today by his attorney, Joe Cheshire.

GRACE: What have we heard from Nifong regarding cooperation?

K. MILLER: Nifong did not address that. He said that he is satisfied with the three indictments and does not think, Nancy, that he will bring any more indictments against any more members of the lacrosse team.

GRACE: To former federal prosecutor Wendy Murphy, I`ve noticed the district attorney has not taken to the airwaves. Why?

Elizabeth, let me know when I get Wendy. What about it, Kevin Miller?

K. MILLER: I`m sorry, Nancy. What was that again?

GRACE: Why hasn`t the district attorney taken to the airwaves?

K. MILLER: Again, this is a strategy, after 70 interviews, he doesn`t want to talk. He issues statements after things, and I think he`s very frustrated with how deftly, Nancy, that the press has been pretty much co- opted by the defense. The defense had a brilliant strategy today, this imagery of the parents, along with Dave Evans, saying he`s absolutely innocent, also with the lacrosse players as a show of support.

We will see this until the next hearing, until the next trial, as opposed to what we saw with Seligmann and Finnerty, where all of a sudden you had them in handcuffs and posting bond and such. What are we going to see with Dave Evans? We`re going to see him saying, "I`m innocent. These charges are absolutely false."

GRACE: Why is it, do you think, to Patti Wood, body language expert, that this young man has spoken out while the other two have not?

PATTI WOOD, BODY LANGUAGE EXPERT: Well, I think they`re looking for a lead person to create a particular image around the story, so they`ve chosen the captain of the team, because he`s a confident person and he really presented himself well in that prepared statement, specifically at the beginning.

GRACE: It`s interesting to me, Midwin Charles, defense attorney, how he would know whether the other two were guilty or innocent. What, were they all together, holding hands at a prayer meeting?

MIDWIN CHARLES, DEFENSE ATTORNEY: I mean, that`s a good point, Nancy, that you raise. I mean, one of the problems you have here when you have several defendants is that, you know, their defense strategies may turn on each other and one may implicate the other.

GRACE: Well, how does he know the other two are innocent?

CHARLES: Well, that`s the thing. We have no idea here. You know, we have to know what happened at that party.

GRACE: And that is exactly why defendants should not speak because now, when he goes to trial, and if he`s on cross-examination, he can be pummeled on, "What do you know about the other two? Were you all three together or what did they tell you?"

CHARLES: That`s exactly right.

GRACE: "What exactly did they tell you?" And they are going to be up the creek without a paddle.

CHARLES: That`s exactly right, Nancy. I mean, right now it appears as though this is a great strategy, but we all know that defendants, at the end of the day, need to keep their mouths shut.

GRACE: Take a listen to this.

EVANS: Over the past several weeks, I`ve repeatedly, through my lawyer, tried to attempt -- tried to contact the district attorney. All of my attempts have been denied.

I`ve tried to provide him with exculpatory evidence showing that this could not have happened; those attempts have been denied. And, as a result of his apparent lack of interest in my story, the true story, and any evidence proving that my story is correct, I asked my lawyer to give me a polygraph.

GRACE: Back to Kevin Miller with WPTF Radio, this is the only young man that has been indicted so far that has actually spoken out. Now, we`ve heard a lot, lot, lot from the defense team, and they keep saying, "There is no match. There`s no conclusive match."

But, in another statement, they say not all the genetic markers have been matched. So what is the truth about the human flesh found under her fingernail in the trash can?

K. MILLER: Well, Nancy, as you were covering it Friday night, Joe Cheshire did come on and did try and explain that, saying that the captains, Dave Evans among them, did cooperate from that house at 610 North Buchanan Boulevard and gave the trash can to the authorities, helped the authorities.

And in that trash can where the fingernails were, you had things that contained DNA: tissue, toilet paper, Q-Tips, and the like, which could explain which there is some residue on those fingertips.

GRACE: Human flesh on a piece of tissue.

To Dr. Daniel Spitz, forensic pathologist, let`s just get real for a moment. If there was human flesh under her fingernail, what is the likelihood it came off a Q-Tip?

DANIEL SPITZ, FORENSIC PATHOLOGIST: Well, Nancy, the fact that you`re dealing with a private laboratory having to have to do this testing, because it`s a specialized laboratory, indicates that you`re dealing with a minute amount of tissue. And with minute amounts of tissue or even no tissue at all, the likelihood that this is a transfer from something in the bathroom or something in the wastebasket is pretty good.

GRACE: Well, you know what`s interesting to me, Wendy Murphy? That everyone is willing to do a backbend -- a backbend -- to explain why human flesh is under her fingernail. Remember a couple of weeks ago, they actually came out with the outlandish story she went in the bathroom to paint her nails? Then the story, "Oh, no, no, no, she was in there ripping off her nails." Now, there`s flesh under a nail, and the new story is, "It must have come off a Q-Tip." Well, I don`t know where they put the Q-Tip, but that`s the first I`ve heard of that use of a Q-Tip.

WENDY MURPHY, FORMER PROSECUTOR: Well, you know, right, if it had been earwax under their fingernail, I give you that. Q-Tip and earwax go together.

You know, when you really have a strong urge to disbelieve the obvious, people will latch on to even the most absurd explanations. It`s the nature of our culture, and a lot of people don`t want to believe that these seemingly -- especially this guy -- seemingly nice looking guy, who sounds good on camera -- the other two have been silent thus far- could possibly be a rapist.

It`s a really hard for people to accept, Nancy. But you know what? I was taken by the fact that he said, "I can prove where I was every minute, the whole night." Now, come on. First of all, it was a roomful of carousing, drunken guys, and it would have been a lot more credible if he had said, "You know, I`m not sure where I was all the time. I was kind of drunk."

And, look, the most bizarre thing, too, was that he tried to explain why he booked it out of his own house. He lived there; he was over the age of drinking; he`s 23 years old. And his lawyer had the audacity to suggest that he ran from the scene -- the house was empty, remember, when the cops got there, because they were all scared of something bad -- and he ran from the scene why again? Oh, because they were worried about getting in trouble for drinking.

The guy lived there. He was over the age of consent. I don`t buy it. He looks good, but I don`t buy it.

GRACE: Joining us right now is a very special guest. The alleged victim`s father is joining us by phone. How has your daughter reacted to the DNA found under her nail there at the house?

"TRAVIS," ALLEGED VICTIM`S FATHER: I really haven`t talked to her since all this come out today, but I`m sure she`s upset about it. And I know think she`s (INAUDIBLE) devastated about it.

GRACE: Sir, is your daughter prepared to go to trial?

"TRAVIS": I think she is.

GRACE: We`ve heard a lot of rumors that she wants to back out of the charges; is that true?

"TRAVIS": I haven`t heard that she wanted to back out. No.

RICHARD NIXON, FORMER PRESIDENT OF THE UNITED STATES: I`m not a crook. I`ve earned everything I`ve got.

UNIDENTIFIED MALE: How do you plead to counts one and two?

O.J. SIMPSON, FORMER FOOTBALL PLAYER: Absolutely, 100 percent not guilty.

MICHAEL JACKSON, SINGER: If I were to hurt a child, I would slit my wrists.

GRACE: As we all know, just because you say it`s so doesn`t make it so. Today the third indictee declaring his innocence, David Evans.

To Robi Ludwig, psychotherapist and former rape crisis counselor, what do you make of the way Evans spoke today? Body language mean anything to you?

LUDWIG: Well, you know, he was very convincing. He has a very clean- cut look, very confident, but, as we know, you`re right, Nancy, this doesn`t always make somebody an upstanding citizen. But, yes, when you compare his presentation to this woman and her profession, he`s going to come out seeming more positive, at least before we know all the evidence.

GRACE: What about it, Patti Wood, our body language expert?

WOOD: Well, absolutely. He looked very confident. There were certain phrases that he misspoke that I would really like to question him about, and specifically...

GRACE: You mean you think he had a rehearsed speech?

WOOD: Pardon me?

GRACE: Did he have a rehearsed speech?

WOOD: Very, very rehearsed. It was later on in the interview where there was some specific things that he said. For example, he said, "It did not happen," and then he had a significant eye close. Typically, that means he didn`t believe that particular statement.

GRACE: Hold on just a sec, Patti. Let`s go Levi in Tennessee. A question for Patti, Levi?

CALLER: I have a question for Wendy Murphy.

GRACE: Quickly.

CALLER: Wendy, you`re great. Wendy, I want to know: Why is nobody criticizing the defendants and the defense lawyers for speaking out in the media while everybody was outraged at the prosecutors?

GRACE: Wendy?

MURPHY: What an excellent question. I mean, it`s absolutely true that defense attorneys can literally lie with impunity and get away with it, where prosecutors can get in trouble even if they tell the truth, because look what happened here. Defense attorneys filed a motion to dump Nifong from the case just because he was telling the truth. That`s what prosecutors are worried about.

GRACE: Thanks, Wendy. Thank you, Levi. And thank you to all of our guests. We`ll pick it up tomorrow night.