Posted on 02/27/2007 9:43:42 AM PST by abb
02/27/07 -- DURHAM) - New motions have been filed in the Duke Lacrosse sex assault case.
Defense attorneys for Collin Finnery, Reade Seligmann and David Evans filed the 39-page motion at the Durham Courthouse Tuesday morning. In it defense attorneys for the three former Duke Lacrosse players say the prosecution is still holding out on potentially-explosive DNA evidence.
The DNA was taken in a rape kit the morning after the now-infamous lacrosse party on March 13, 2006 where the accuser says she was gang raped.
This new filing says they've not been given all the DNA evidence that excludes their clients but includes more unrelated male DNA.
Durham District Attorney Mike Nifong dropped rape charges against Collin Finnerty, Reade Seligmann and David Evans last December. All three defendants still face kidnapping and sexual offense charges.
Ping
In unrelated news, we have learned that Mike Nifong has submitted to application to join the staff of Special Prosecutor Patrick Fitzgerald ... :-)
"Explosive" DNA evidence? Good grief, who all layed down with that hootchie?
I dont think the words explosive and DNA should be used in the same sentence. With that said who was with more guys? This bimbo or Anna Nicole Smith?
Can the LaCrosse guys sue the stripper?
Call the law offices of Young & Werther and we'll take your case...Here come duh Judge!
So do we have additional DNA beyond the original 4 or 5 males or the DNA that was found is connected to someone in RDU who is well known? Or is it both?
Howlin--where are you and have you any additional details?
Starting to sound like the lacrosse team were the only guys in Durham who DIDN'T have sex with this "dancer".
http://www.newsobserver.com/1185/story/547801.html
Published: Feb 27, 2007 12:39 PM
Modified: Feb 27, 2007 12:45 PM
Defense waits for DNA test results
By Joseph Neff and Anne Blythe, Staff Writers
Defense lawyers in the Duke lacrosse case still have not received all the DNA test material in the case, according to a motion filed today.
A private laboratory, DNA Security of Burlington, has provided only some of the underlying data in the case, said the motion, which comes a month after the N.C. State Bar charged Durham District Attorney Mike Nifong with withholding DNA evidence favorable to the defense.
Nifong had hired DNA Security to test 22 samples from evidence that a doctor and nurse at Duke Hospital collected from the body of the accuser. The woman, an escort service dancer, said she was sexually assaulted by three men in a bathroom at party in March 2006 attended by members of the Duke University lacrosse team.
The three players have declared their innocence: David Evans, 23, of Bethesda, MD; Reade Seligmann, 20, of Essex Fells, N.J.; and Collin Finnerty, 20, of Garden City, N.Y.
In October, a judge ordered Nifong to turn over all the underlying laboratory documents. Defense lawyers examined about 2,000 pages of documents, including "electropherograms," which map DNA data as a series of peaks.
The lawyers discovered the laboratory had found DNA from at least four unidentified men in samples from the accuser's body and clothing. The DNA did not match that of any of the lacrosse players.
DNA Security director Brian Meehan admitted that he and Nifong had agreed not to report these results, which must be given to the defense under state law.
Meehan submitted a revised report on Jan. 10. In dissecting the report, defense lawyers found DNA from a second unidentified man taken from a sample found on the accuser's body.
In Tuesday's motion, defense lawyers said they recently discovered they have received only 11 of the 22 electropherograms from the samples collected at Duke Hospital.
"The defendants are still in the dark," the motion said. "The statistical likelihood is that such data will show that there was even more exculpatory, unidentified male DNA discovered by DNA Security in the rape kit extractions that had, by Jan. 12, 2007, still had not been reported to the Defendants by Mr. Nifong and Dr. Meehan in any way."
Nifong, who in January asked the Attorney General's office to take over the case after he was charged by the State Bar with ethical violations, could not be immediately reached for comment. Meehan declined to comment Tuesday on the latest filing.
Way back at the beginning of this debacle there were some rumors floating that there was someone of influence who was messing around with the 'hootchie'. Then the rumor went away--looks like 'it's back!'
Getting to sound as if anyone who would have raped her would expose themselves to a fate worse than Nifong.
Well, if it was a certain DA, that would explain a few of the more bizarre aspects of all this.
Nifong????
Does the new prosecution team know about the additional DNA evidence? Are they deliberately hiding it also? If so, why?
another question would be: "How many years ago was that hootchie douched?"
"Well, if it was a certain DA, that would explain a few of the more bizarre aspects of all this."
The private DNA tester did talk about protecting others' "privacy."
Duke is using LAXATIVES!!??? Who KNEW????
This is a warning shot across the bow of the special prosecutors and the AG's office. The defense atttorneys are saying you have had your time. It is time to drop these charges and if you continue this hoax it is now on you and you will suffer the same fate as Nifong, particularly if you won't come clean on the evidence.
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