Posted on 05/10/2006 11:24:25 PM PDT by OakOak
By John Stevenson : The Herald-Sun jstevenson@heraldsun.com May 11, 2006 : 12:20 am ET
DURHAM -- Tissue found under the fingernail of an exotic dancer who claimed she was raped at a Duke University lacrosse party may match a player who was there, several well-placed sources said Wednesday.
Analyzing the tissue, scientists concluded it came from the same genetic pool and was "consistent" with the bodily makeup of one of 46 lacrosse players who gave DNA samples for testing, the sources said.
At the same time, scientists ruled out a possible match with any of the other 45 students, according to the sources.
If accurate, the fingernail tissue match would offer the first DNA evidence potentially linking the dancer and an alleged attacker.
But because a complete DNA pattern was not obtained from the tissue, it was not possible to match it with the nearly 100 percent certainty that DNA results usually offer, the sources added.
The dancer told police she clawed at three attackers as they raped and sodomized her for 30 minutes during the March 13-14 lacrosse house party at 610 N. Buchanan Blvd.
(Excerpt) Read more at heraldsun.com ...
I feel like I'm in the twilight zone. I can't imagine how the families feel. Since none of them have mustaches the wait must be excruciating.
Under "C" in the link below, it seems to say criminal misdemeanor charges must be prosecuted within two years of the offence. If it is now too late to prosecute, why was the cabbie arrested?
http://info.dhhs.state.nc.us/olm/manuals/dma/fcm/man/MA3535-02.htm
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What?
OMG..this is maddening.
I hope Dan Abrams gets on this today.
Yup.
Freepmail in a sec
Were the stolen purses valued higher than $400?
My God, Nifong is so blatant, so in-your-face about this, it is scary as hell.
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Where the hell is the liberal 0&B when a white DA picks on an immigrant cabby?
You have a good idea. And I think they should hear from all of us who go through or go to NC (be it the beach, the mountains or golf) should make a few calls.
We might not have a dog in the lacrosse fight, but we can be affected by out of control NC DA's who arrest witnesses.
I think I will call them and tell them I am not willing to take that risk in NC.
Nc State Governor Office
Address: Raleigh, NC 27603
Phone: (919) 733-5811
Prosecutorial Terrorism
I've named it!
C. Statutes of Limitations
When referring cases for prosecution in either criminal or civil court, the county dss must be aware of the statutes of limitations that apply to these cases. These statutes affect the amount of overpayment presented in court and the specific charges brought against the recipient.
1. Criminal Statute - NCGS 15-1 is the statute of limitations for criminal misdemeanors. This statute allows prosecution action of misdemeanors to be taken no later than two years after the fraudulent act occurred. A misdemeanor under the current NCGS 108A-64 are cases involving $400.00 or less.
2. There is no statute of limitations for felonies, that is, cases involving over $400.00. However, prior to July 1, 1977, all fraud cases against the Medical Assistance program were misdemeanors. Therefore, for cases in which a fraudulent act was committed prior to July 1, 1977, the criminal statute of limitations has expired regardless of the amount of the overpayment for that act. The North Carolina Attorney General's Office has rendered the opinion that an act is determined as the initial false statement, misrepresentation, and/or omission of fact, running to the next recertification or contact with the client at which time false statement, misrepresentation, and/or omission of fact could have been corrected. Each certification period or period between contacts, thereafter, during which time the recertification, misrepresentation, and/or omission of fact is perpetuated, is considered a separate offense.
Therefore, in cases involving overpayments made prior to July 1, 1977, if a recertification period began prior to July 1, 1977, and continued after that date, that specific recertification period would not be prosecutable in criminal court regardless of the amount as the statute of limitations has expired.
3. Civil Statute - The civil statute of limitations, NCGS 1-52, runs for three years from the date the act is discovered, or should have been discovered through the exercise of reasonable care.
NOTE: If the recipient has signed a repayment agreement containing the word "Seal" next to the signature, the civil statute of limitations for enforcement of collection is ten years from the date the document was signed. However, the client must circle the word “Seal.” The investigator should contact the county attorney for further information regarding this point.
Nc State Governor Office
Address: Raleigh, NC 27603
Phone: (919) 733-5811
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Thanks for the information.
Found this bit of humor posted as a comment on a Duke website:
A strip club in Charlotte, North Carolina, has decided to capitalize on Duke's newfound Lacrossegate infamy. The billboard in front of Southern Belles Strip Club spells out "LACROSSE PLAYERS WELCOME" in large block letters.
Judging by what we've learned from Lacrossegate, I propose a new sign be added:
"CUSTOMERS 18 YEARS AND OLDER MUST BE ACCOMPANIED BY A QUALIFIED ATTORNEY"
$250
Just heard Kevin Miller on FNC. He says the cabbie isn't credible because in order to talk to him, one has to take a cab ride!!! No kidding, he said that!
Who is this Kevin Miller clown on FNC? I think that is the guys name. He is slamming the taxi driver's credibility because if you wanted to talk to Elmostafa you had to take a ride in his taxi.
I called.
She was very nice, but don't know how interested she was. Told her I have lived in NC, 2 of my sons are Tarheels & while it is easy to play armchair quarterback in the Duke Lacrosse issue, arresting a cab driver for a 21/2 year old shoplifting charge when all he did was pick up a fair is over the top.
Told her I was concerned about the image of NC and wondering how many people planning to visit NC will change their minds.
What happened to the cab driver could happen to anyone.
We all know cab drivers are rich enough to stand around talking to reporters all day (sarc)!
The poor guy probably needs money....thus the cab ride.
I saw that.
Kevin is one to talk about "taking cab rides." His face is all over TV and people like Nancy Grace are calling in to his local radio show.
He's a nobody who is using this to further HIS career.
I'll be calling his show tomrrow morning.
Exactly, stopping to talk to media he would lose fares.
Guess it is not deemed "to feed the children."
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