2nd DNA results out until May 15

Herald-Sun ^ | Apr 23, 2006 | KELLY HINCHCLIFFE

[Jrabbit]

Nifong, a white man who is running for election in a racially mixed county, hinted to NEWSWEEK that blood and urine tests of the woman would reveal the presence of a date-rape drug.

http://www.msnbc.msn.com/id/12442765/site/newsweek/

Some info in this article I never heard before...and some of the "facts" are wrong.

[snarkytart]

http://www.msnbc.msn.com/id/12442765/site/newsweek/

[Jrabbit]

defense lawyer Bill Thomas told NEWSWEEK that in the first round some DNA showed up under the woman's fingernails, though tests were inconclusive about identity.

I didn't know this....maybe this is why the re-test is being done?

[Locomotive Breath]

Rita Cosby quoted him as saying "I noticed a car drive up and two young women get out," so he is wrong on that account. He also says "And at that point, the young women were coming back out of the house, getting into the car and driving away." No way that's true either because Mangum was helped/carried to the car with the help of a player. Anything the guy says is suspect

Well you know, if Mangum and Roberts had been sitting in the car with the engine running to keep warm (they had on nearly no clothes), he could have come out of his house and seen them turn off the car and get out and simply inferred that they had just driven up without actually seeing the car in motion.

[snarkytart]

If he had a tox report that helped his case, he'd have leaked it long ago. He's getting killed in the PR part of the case, which, IMO is more important than the legal part...

________________

True. Maybe he actually kept something secret from the press.

I will bet however, the TOX report will show some type of drug, and that's why NiFong won't let go of this case.
Even though people take drugs on their own, and there is no DNA, and the accused appear to have alibis.

Doesn't matter, Nifong is hanging on the medical tests with all hope.

[Perdogg]

"But results from a second round of DNA tests are expected back this week, and defense lawyer Bill Thomas told NEWSWEEK that in the first round some DNA showed up under the woman's fingernails, though tests were inconclusive about identity. When the case first broke in the press, Nifong, a white man who is running for election in a racially mixed county, hinted to NEWSWEEK that blood and urine tests of the woman would reveal the presence of a date-rape drug. It appears from medical records that the woman was sexually abused, though the precise timing is unclear. "

Maybe Nifong was uncertain that even if any traces of a drug was found, he did not have the evidence to go with a charge of using a drug, or whatever, but was going to use it as bases for to gain an overall rape conviction.

"were inconclusive about identity." The defense's words or newsweek's? The defense was VERY clear.

[Peach]

Yes, the defense was very clear and I tend to believe them since I believe the lacrosse players vs. the stripper.

And regarding the date rape drug, if tox tests showed that such a drug had been used, I'm virtually certain Nifong would have found a way to leak it to the press to bolster his extremely weak case.

[snarkytart]

Sounds like Newsweeks words.
I could be wrong though.

I am sure the dna did not match any of the players.

[Perdogg]

However, there is still the matter of the other two people who were not members of lax team. The defense said that the DNA did not match any members. This would technically correct.

[Perdogg]

http://www.freerepublic.com/focus/f-chat/1619985/posts?page=289#289

[Peach]

There were two people at the party who weren't members lf the lacrosse team? I wonder why their photographs weren't shown to the stripper.

[abb]

What we have here is exactly what it looks like. Nifong's dug himself in too deep to back out. He read his own press clippings early on and talked himself into a dead end alley. Human nature is such that he cannot admit he screwed up. He'll ride it down into the ground...

Just like the DBM knows exactly why its circulation and viewership is declining. Deep, deep down they know. Oh yes, they know. But they'd rather wreck their companies and go out of business before admitting wrong.

Business history is chock full of examples of this happening...

[I want to know]

Only if a "source" leaks it to a reporter, or the occupants of the house confirm that a search took place. Supposedly the warrant was unsealed after the Herald-Sun threatened to challene the sealing in court.

On Tuesday, an attorney for The Herald-Sun questioned both Stephens and Senior Resident Superior Court Judge Orlando F. Hudson about the sealed warrant. The attorney told Stephens he planned to challenge the sealing in court Wednesday on the newspaper's behalf. Stephens then decided to unseal the warrant Wednesday morning.

I would imagine that the Herald-Sun got their information from a source, that source probably being someone familiar with the prosecution's case as it did nothing to help the players in the court of public opinion.

Sorry, I couldn't link to the story because it is no longer available.

[Perdogg]

yes that's what I found out after tracing back.

"At least one constitutional scholar, Durham attorney Thomas Loflin, says the DA may have to do without his DNA evidence anyway, especially if it confirms three suspects in the brutal assault.

Loflin says the non-testimonial order issued by a Superior Court judge compelling 46 lacrosse team members to give samples violated the North Carolina Constitution and the Fourth Amendment of the US Constitution because it failed to identify specific suspects.

Anyone who gave a DNA sample to the police other than the three suspects the alleged victim claims raped and brutalized her, had their constitutional rights violated because the police failed to prove “reasonable cause” when 46 team members were tested en masse, Loflin says."

[snarkytart]

Possibly. Newsweek does say that Nifong hinted to this at the beginning when the case first hit the media.

I do know that the accuser's father said something about someone putting something in Mangum's drink and Kim said the same thing. Going off of that, they might have some information.

We will see. Something has to be making Nifong hang on even in the face of ridicule and losing an election.

Heck, he is not even getting minority support now. Someone posted a link to a black community group's list of candidates they are supporting...and Nifong is not on that list. They are throwing their support behind the black candidate, Keith (last name?).

Why is Nifong still going after a third person??

[Peach]

My question is where have you read that two people were at the party who weren't member of the lacrosse team.

[Peach]

I meant to say also - I don't need a link, just confirmation that you've read people not on the team were at the party.

And that really would surprise me because I'd think Nifong would have compelled them to provide DNA too.

Not doubting you, just not getting why Nifong excluded them from the lineup and photo id.

[Perdogg]

Duke lacrosse investigation (continued) March 31, 2006

http://www.insidelacrosse.com/page.cfm?pagerid=2&news=fdetail&storyid=118940

DNA tests

On Thursday, March 23, Durham police DNA-tested 46 members of the Duke men’s lacrosse team. All but one member of the team was ordered to report downtown to the Durham Police crime lab at 4 p.m. that day for testing. Police also photographed and interviewed the 46 individuals, according to the Duke Chronicle.

The one member of the team who was not asked to report for testing was a black male, and therefore did not match the description given by the alleged victim, who identified the suspects as white males.

In addition, Nifong has said that there is the possibility that at least two individuals at the party were not members of the lacrosse team, but came with a lacrosse player.

On Monday, the samples arrived at the State Bureau of Investigation's crime lab in Raleigh, according to Noelle Talley, a spokeswoman for the attorney general's office. She said the lab has agreed to work quickly on the case. In her words, the SBI lab “stands ready to work the case and has agreed to rush it.”

According to a Herald-Sun article, several lawyers described the turnaround as “lightning speed for the agency’s chronically backlogged laboratory.” Results from the DNA samplings could be available as early as next week, according to that same article.

Nifong—who is up for re-election this year—said he personally would handle the case and that, just because results are due back next week does not mean they will be immediately released to the public.

Nifong went on to say that it was important to act swiftly under these circumstances because the lacrosse players may leave town at the end of the current academic year, which would make them harder to locate if additional testing or information were needed.

Because he was told that everyone at the alleged rape scene was a member of the lacrosse team, Nifong stated: "We don't know who the assailants are, but we know they came from this group…It's perfectly logical that we concentrate our efforts on this group."

Nifong also pointed out that even if there is inconclusive evidence, not all of the charges hinge on DNA evidence and that there is other evidence that could be used to charge individuals in the alleged rape.

Charges for the alleged assault could include first-degree forcible rape, first-degree kidnapping and first-degree sexual offense.

[Peach]

I'd never heard that before; thanks for posting that.

I will say this: I think Nifong is lying. Ask yourself why Nifong didn't get DNA or a photo lineup of those alleged (hehehe) two people who weren't members of the lacrosse team. It makes no sense. I think he's lying and used that excuse of two others outside the team as being at the party to cover himself should the DNA come back negative. Which it did.

[snarkytart]

oh okay, this is Nifong saying, it is a "possibility" there were two people other than the lacrosse players at the party. Nifong spoke to the media the first two weeks before he even investigated, so who knows if this is the truth.