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.
This issue becomes moot, in view of the accuser recanting her story.
He might have some interesting things to disclose.
He might have some interesting things to disclose.
Probably will not admit to being the father not matter what DNA tests show.
Not necessarily. If there was ejaculate present in the vicinity of her genital tract (even externally), it is still conceivable that she could have been impregnated.
They may want to check HIS DNA! Remember early on, when it was reported that some DNA was "known to the Durham Police Department"? I am still waiting to hear whose it was.
Since she was impregnated on or about April 11, that ejaculate you mention would have to take a trip back in some sort of time machine.
Mike Nifong... "You are the father!"
Maury Povich
I can't even read these stories anymore.
This prosecution is like the gong show.
Except I'm not laughing because of the vile injustice to the accused.
THE GONG SHOW. I think you're on to something.
I can't believe he's 1)still a prosecutor 2)still on this case.
At this point, the judge probably ordered the test to find out if the child is even the accuser's.
This whole case has been a monumental waste of time and taxpayer money...not to mention the harm done to the accused. Time to end this farce. But if I were the accused, I would pursue civil remedies against Nifong.
Why the hell did Nifong not automatically give the attorneys these transcripts? Sealed means sealed from the public, not from the defense attorneys.
Nevermind, we know why. He's already withheld exculpatory DNA evidence from the defense. His a dishonest political animal, not a DA seeking justice. The NC Bar already has an ethics complaint in against him, and US AG Gonzales may be on him, so let's hope he's disbarred or in jail before this goes on much further.
I'm not betting that the kid is light skinned and has blue eyes.....
"If there was ejaculate present in the vicinity of her genital tract (even externally), it is still conceivable that she could have been impregnated."
Oh it was present all right. From FIVE different guys, none of them on the Duke team.
The NiGONG Show!..........
You sir, are a genius.
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