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Judge in Duke lacrosse case orders paternity test
Associated Press via ESPN.com ^ | Thursday, January 11, 2007 | Asociated Press

Posted on 01/11/2007 8:55:24 AM PST by jpl

DURHAM, N.C. -- The judge in the Duke University lacrosse case has ordered a paternity test to determine the father of a child born to the woman accusing three players of sexual assault.

Superior Court Judge W. Osmond Smith III requested the paternity test in a written court order filed Wednesday.

Defense attorneys had first requested the test in December before the child was born to eliminate any paternity question. The woman said she was attacked by the players during a team party in March.

Smith approved the paternity test during a hearing in December, but didn't make the order official until Wednesday.

The accuser gave birth to a girl last week at UNC Hospitals in Chapel Hill, a person familiar with the case has told The Associated Press. The source spoke anonymously because the information had not yet been made public.

Durham County District Attorney Mike Nifong has said the pregnancy is almost certainly unrelated to the night of the team party. Both sides agreed the test should be conducted to silence any doubts about a connection to the case.

Rape charges were dropped against the three players last month though they still face charges of sexual offense and kidnapping. All three maintain their innocence.

Smith also ordered that attorneys be given transcripts from a closed-door hearing they attended in December to discuss sealed records in the case. The transcripts were ordered sealed, and no details were provided about what was discussed during the hearing.

Defense lawyers have asked for records detailing the accuser's military service, social services interaction and medical information.


TOPICS: Local News
KEYWORDS: duke; dukelax
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To: Mount Athos
Thanx, bu I'm not genius, just observant. Pity, what passes for genius nowadays.......
21 posted on 01/11/2007 9:35:36 AM PST by Red Badger (New! HeadOn Hemorrhoid Medication for Liberals!.........Apply directly to forehead.........)
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To: Red Badger

Come on! NiGong show is pure genius!


22 posted on 01/11/2007 9:36:38 AM PST by Mount Athos
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To: jpl
Rape charges were dropped against the three players....

I applaud the court for endorsing the idea of Immaculate Conception.

23 posted on 01/11/2007 9:44:33 AM PST by Always Right
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To: wideawake

Not her father, I think. He appeared to be a decent man. But her boyfriend is another matter. I always thought he was part of this deception.


24 posted on 01/11/2007 9:46:23 AM PST by twigs
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To: Always Right

That ain't Immaculate Conception. It's Virgin Birth.


25 posted on 01/11/2007 9:47:37 AM PST by wideawake
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To: brittmac
it is still conceivable that she could have been impregnated.

I think a live and kicking baby is proof positive that it was conceivable.

26 posted on 01/11/2007 11:00:48 AM PST by VRWCmember (Everyone is entitled to my opinion.)
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To: jpl

This piece of trash must go to jail, along with her enabler, Nifong.


27 posted on 01/11/2007 11:05:37 AM PST by Leftism is Mentally Deranged
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To: brittmac
Oh it was present that night. It just didn't originate from ANY member of the LAX team. None of the Duke boys be the baby daddy. Of course the timeline itself should make that clear.
28 posted on 01/11/2007 11:06:17 AM PST by Sue Perkick (Just a water spider on the pond of life.)
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To: TommyDale

Suppose the DNA matches one of Meehan's lab samples. Suppose the baby is white...(mulatto).


29 posted on 01/11/2007 11:40:26 AM PST by Sacajaweau
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To: TommyDale

Anyone who handled the samples SHOULD HAVE submitted DNA to the lab. Meehnan's showed up but it was a "limited" show and deemed "contamination".


30 posted on 01/11/2007 11:43:49 AM PST by Sacajaweau
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To: The KG9 Kid

I think the judge knows something....(sorry for this)...like her menstrual cycle. The lab should have that info also.


31 posted on 01/11/2007 11:47:06 AM PST by Sacajaweau
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To: MPJackal

I thought the DNA samples came from the anal swab. My recollection is that the vaginal swelling resulted from the vibrator she used earlier in the day for a "performance" to a couple in their hotel room.


32 posted on 01/11/2007 1:43:23 PM PST by Burkean
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To: Burkean

5 dudes in the back door? Impressive.


33 posted on 01/11/2007 2:54:23 PM PST by MPJackal ("If you are not with us, you are against us.")
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To: antiRepublicrat

Why the hell did Nifong not automatically give the attorneys these transcripts? Sealed means sealed from the public, not from the defense attorneys.
_________________________________________________________
Sounds like that movie about the teenager and his dad going to prison for an IRA related terrorist attack they weren't involved in. I think it was "In the Name of the Father."

There was evidence in the government records office marked "Not to be given to the defense under any circumstances."


34 posted on 01/11/2007 2:59:27 PM PST by Grizzled Bear ("Does not play well with others.")
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To: Burkean

The DNA samples came from "everywhere".


35 posted on 01/11/2007 5:40:39 PM PST by Sue Perkick (Just a water spider on the pond of life.)
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To: The KG9 Kid
At this point, the judge probably ordered the test to find out if the child is even the accuser's.

That's right, she could have picked up an embryo during one of her 2 girl sex-dancing gigs.

36 posted on 01/11/2007 8:54:13 PM PST by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
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