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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.