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More Motions Filed in Duke LAX Case
WTVD ^ | February 27, 2007 | Staff

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.


TOPICS: Local News
KEYWORDS: duke; dukelax; durham; nifong
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To: pepperhead

Good point.


41 posted on 02/27/2007 12:30:51 PM PST by Dukie07
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To: CondorFlight

No one of any legal authority pays any attention to online petitions. They are too easily manipulated and can't be verified.

It is much too easy for people to "sign" multiple times using various, fictitious "names."

In other words, online petitions are a total waste of time and bandwidth for all concerned.


42 posted on 02/27/2007 12:34:21 PM PST by El Gran Salseron (The World-Famous, very popular DJ and FReeper Canteen Equal-Opportunity, Male-Chauvinist-Pig! ROFL)
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To: El Gran Salseron

And physical petitions can't be manipulated????


43 posted on 02/27/2007 12:37:54 PM PST by Dukie07
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To: NoBullZone
If the sequence of events clears the kids from the rape, how can he maintain there is still a kidnapping charge?

"Holding" the stripper at the party against her will?
44 posted on 02/27/2007 12:39:33 PM PST by Robert A Cook PE (I can only donate monthly, but Hillary's ABBCNNBCBS continue to lie every day!)
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To: Robert A. Cook, PE

Because its a political persecution - hence, he would be a good fit for Fitz's staff!


45 posted on 02/27/2007 12:44:14 PM PST by NoBullZone (Attempting to dispel ... bull*hit)
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To: Dukie07

Physical petitions can be verified because name, address and phone number are usually included. The bogus entries can be excluded. That is not the case with online petitions that require only a "name" or email address. I, personally, have no less than six email addresses and can create an unlimited number of additional email addresses, if necessary.

For these kinds of polls that require only a name and if one is devious enough to want to vote muliple times then all that is necessary is to vote, leave the site, empty the temporary internet files folder, return to the site and vote again. :-)


46 posted on 02/27/2007 12:46:34 PM PST by El Gran Salseron (The World-Famous, very popular DJ and FReeper Canteen Equal-Opportunity, Male-Chauvinist-Pig! ROFL)
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To: Dukie07

Whoever the 'explosive DNA' belongs to, it will not likely ever be identified in this case as anything more than 'unidentified male'. It's not like all those likely suspects mentioned on this thread have their DNA profiles on file somewhere for ready reference.

All in all, it seems more and more likely to me, at least, that this case will just be dismissed sometime between now and the May hearing--probably just a week or so before the hearing is set to begin.


47 posted on 02/27/2007 1:09:01 PM PST by San Jacinto
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To: El Gran Salseron

Actually, this petition did require an address ~ mailing as well as email.


48 posted on 02/27/2007 1:56:03 PM PST by Dukie07
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To: San Jacinto

A week before the hearing works for me.


49 posted on 02/27/2007 1:57:05 PM PST by Dukie07
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To: El Gran Salseron

Forgot to add: also wanted party affiliation (perhaps to check against voter records?)


50 posted on 02/27/2007 1:58:50 PM PST by Dukie07
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To: Enterprise

What if a lot of the DNA happens to match members of the police force of Durham. All their DNA is on file. hmmm...it just might explain why nobody has seen the chief around this case.


51 posted on 02/27/2007 2:10:13 PM PST by ladyjane
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To: abb

She is a prostitue who is trying to take these rich white boys for all they have got and the PC culture the mainstream media is helping to reinforce her case. They say white priveledge, what a crock. There is a difference between racism and preference. Preference does not make you a racist.


52 posted on 02/27/2007 2:12:24 PM PST by erik22lax
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To: abb

I predict that nothing will happen to Nifong. There will be some motions about getting him in trouble, but as soon as a short-attention-span public forgets about him, nothing will happen to him and he will get away with a felony.
Otherwise the man-hating-spitting-and-clawing feminazis will raise a stink and all politicians will bow down and give in.


53 posted on 02/27/2007 2:20:21 PM PST by Leftism is Mentally Deranged
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To: abb

Hmmm................I wonder if there's a match to some person currently unknown to us, although I don't think a private lab would have that information...........unless they gave their results to SBI who ran it through the DNA profile database........


54 posted on 02/27/2007 2:49:32 PM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: abb

No longer will I refer to her as "Mangum", "Crystal", or "the accuser." Henceforth, it's "swampwoman."


55 posted on 02/27/2007 2:54:20 PM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: FreePaul

I don't think even Nifong would have pursued this if there was the tiniest chance he could be named as one of her "johns", and further, Nifong's DNA profile would not be in any registry anywhere to compare and match with.


56 posted on 02/27/2007 2:57:11 PM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: Dukie07

The only way that the DNA can be matched to a particular person is if that person's DNA profile is in the registry or they give a sample. The only way someone's DNA gets in the registry is through a criminal case against them. Unless the police chief and the mayor gave samples, which would be absurd since they aren't accused, it isn't them.

There has to be a nexus between the profiles found on her and a legally-obtained source against which it can be compared that the lab was asked to compare it with.


57 posted on 02/27/2007 3:02:41 PM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: JLS

I agree to some extent, although I think it would be to the boys' advantage for this to come out whether the charges are being/had been dismissed.

It would have taken time for the defense to have a DNA expert examine the Jan. 10 report for completeness and to assist the defense with putting the shortfalls into a comprehensive motion. The delay in the dismissal, assuming there will be one, may turn out to be a silver lining.


58 posted on 02/27/2007 3:08:26 PM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: Dukie07

I want the charges dismissed immediately, of course, but I also want the hearing to go forward because it can only help the boys in their civil suits against the county of Durham and DPD. There has been so much malfeasance, deceit and corruption in this case that more revelations about the prosecutorial and police misconduct all hearings just strengthen that perception as well as the hard evidence against Nifong and his DPD cohorts.


59 posted on 02/27/2007 3:21:21 PM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: ladyjane

Where did you learn that all of the DPD officers' DNA is on file?


60 posted on 02/27/2007 3:22:59 PM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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