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I think there is already enough to refer this case to the DOJ's Civil Rights Division to inquire into the prosecution's tactics. As I understand it, all of the players were required to submit DNA samples pursuant to a court order. Since any DNA samples found on the AV weren't going to go anywhere, a reasonable and prudent investigation would have attempted FIRST to determine with certainty exactly WHO was present at the party. My readings indicate that as a FACT, some of the players were NEVER present at the party. Thus, some of them were forced to comply with a court order even though they could not possibly have been involved. And since the lone black player wasn't compelled to give a sample, it becomes a "suspicious because you're white" court order.

Next, I would look at the information that Nifong gave 50 interviews. I think this was reckless, unethical, and unprofessional. His only statement should have been to the effect that an investigation was continuing, and that no further statements would be issued.

Nifongs words:

DA: Alleged Rape May Have Racial Angle

By Darla Miles (03/27/06 -- DURHAM) - Durham's district attorney is speaking very candidly about what could happen to anyone charged in the alleged gang rape at a party last week.

"In this case, where you have the act of rape - - essentially a gang rape - - is bad enough in and of itself, but when it's made with racial with racial epithets against the victim, I mean, it's just absolutely unconscionable," said District Attorney Mike Nifong.

Investigators say several members of the Duke lacrosse team made the racial slurs to the two black women hired to dance at the house party.

"The contempt that was shown for the victim, based on her race was totally abhorrent," Nifong said. "It adds another layer of reprehensibleness, to a crime that already reprehensible."

Nifong tells Eyewitness News that he may consider adding hate crimes to any other potential charges if investigators determine the victim was targeted because of her race.

"I don't think you can classify anything about what went on as a prank that got out of hand or drinking that took place by people who are underage," Nifong said.

"My guess is that some of this stonewall of silence that we have seen may tend to crumble once charges start to come out," Nifong said.

Lawyers: DNA Will Clear Lacrosse Members

"If the only thing that we ever have in this case is DNA, then we wouldn't have a case," Nifong said.

Comments about the Duke Lacrosse Arrests

"It had been my hope to charge all three of the assailants at the same time, but the evidence available to me at this moment does not permit that. Investigation into the identity of the third assailant will continue in the hope that he can also be identified with certainty. It is important that we not only bring the assailants to justice, but also that we lift the cloud of suspicion from those team members who were not involved in the assault."

-- Durham County District Attorney Mike Nifong.

Rape Investigation 'Not Going Away'

"My conviction that a sexual assault actually took place is based on the examination that was done at Duke Hospital," Nifong said.

"Anytime you have a victim who can identify her assailant, then what you have is a case that must go to the jury, which means, in this situation, a jury will get to evaluate the evidence," Nifong said.