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 ...
Here's another issue I was extremely disappointed in from Abrams. They discussed the Cab Driver, and no one was really upset about it - they always give Nifong the benefit of the doubt - that he is honorable.
If it considered like this, it takes on another dimension.
Let's say they did want to arrest the Cab driver before this case (for the sake of argument). He drove a woman (unknown to him) that walked out of the store with $250.00 worth of items.
Okay let's look at Nifong's actions -
$250.00 loss - arrest the someone remotely involved (giving DA benefit of doubt) individual and make them post bond
$250.00 loss -arrest and force them to post bond
Lil' Kim -
$25,000.00 loss (ONE HUNDRED TIMES the amount shoplifted)
- eliminate bond and release felon.
I don't understand why the Media doesn't get this.. Someone, anyone in the media? Fairness is a basic tenet of our judicial system.
One would think a thorough investigation would have included a search of Kim's car. We've had various reports of them arriving together. Was the AV in Kim's car beforehand? We know she was there after. Did AV leave evidence in that car? We'll ever know.
One neighbor (Bissey) witnessed them getting out of the car together before approaching the house. So, the AV was in the car beforehand according to Bissey's videotaped statement.
I still believe Kim gave AV something so that she'd be willing to dance or dance less inhibited and garner more tips, or a return job due to happy customers.
Kim had a stake in the AV dancing and giving her something would achieve Kim's objective:
"When she arrived with one more person from the agency she realized that the crowd, in fact, was over 40 men in this house next to east campus. She worried about the fact that there was no security, and a neighbor that I interviewed actually says that he saw the women outside. The victim was hesitant. She didn’t want to go inside. She said I had never done this before and the other woman he describes sort of COMFORTED her"
http://www.msnbc.msn.com/id/12065803/
thanks
What pubic hair?
They found Little John's DNA, I believe, on the thread/rope that was used to tie her up in the bag.
I would like to know how many other persons DNA was found under the nail and why those individuals aren't being pursued.
What really needs to happen is for NC and other states still using the indicting GJ for threshold felony cases to step into the light and stop using them. What has happened here would not be possible in the majority of states where a preliminary hearing on probable cause to sustain the charges would have been held. In that proceeding, the defense can cross-examine prosecution witnesses and present its own witnesses before the court rules on whether the case can go forward.
GJs do not serve the function they were devised to serve in English common law and are just a rubber stamp for the prosecutor. In reality, there has been no due process so far. I also learned yesterday that NC does not have speedy trial available. So far, the Fourth, Fifth and Sixth Amendments have taken a real beating in this case, and it is an outrage.
Holy effen Shiite!!!!!!!
This is unbelievable.
They found Little John's DNA, I believe, on the thread/rope that was used to tie her up in the bag.
YES, but there was DNA under her nails that did NOT match LittleJohn. In the FatalVision, Jeffrey McDonald case, again - DNA under nails that didn't match Jeffrey on ANY family members.
So, DNA gets on & under nails
THANKS
Abrams: Tissue matches SOME of the genetic profile.
Larry: Word consistent is ambiguous. Probably don't have full 13 lotus match. (?) A partial profile could be important and could be one in millions or billions if they have a match of 9. Or they could be doing a different kind of testing.
Moses: I agree with Larry that a person wasn't excluded. How many loci is what will determine how important. If it's more than 6 and less than 13, it's relevant. It clearly eliminated all the other players but this one individual.
Yale: There are 2 issues. We don't know. Consistent with is ambiguous with. The judge has to determine how scientifically reliable that test is. Most people use DNA the same as a fingerprint. If it's a positive match...
Abrams: I would think the defense doesn't want to start to quibble over thousands. Maybe in court they will. The defense has said nothing happened. Now if they try to have this excluded, it feels like typically defense arguments.
Yale: Without seeing the rpeort, it's hard to say. Say the report says the girl was doing a lap dance with the person, then of course there's transference.
Susan: I don't think it's a big deal. How did her fingernail come off. We don't have DNA for the other two guys.
Abrams: She didn't suggest that either of the two accused strangled her. She seems to suggest it was the other person (this third person). WRAL put up the actual quotes. You see from it, #10, she says she's 90% sure -- looks like him without the mustache. Maybe I meant #9 - identifying Finnerty. Was he the first or second one to do that? No. And he didn't strangle her (she says).
Susan: You'd expect some bodily fluid DNA. Maybe #3 will be the sacrificial lamb.
Abrams: Is this enough? It depends on how definitive a match it is.
Exactly. Mostafa should sue. If somebody pled guilty to charges for shoplifting and he was only the taxi driver, there shoulod never have been a warrant.
I sure would like to know WHEN that warrant was activated.
Yale: I do expect a 3rd indictment. The grand jury sits on Monday. With this and the 90% photo ID we'll see someone else indicted.
Abrams: We're getting this info from sources close to the authorities, because the actual DNA result/report, hasn't even been completed, apparently. The full DNA report will be received Monday.
Larry: They're probably done iwth the report but haven't put it on paper. The file could be several inches thick. Necessary quality control being taken care of. But we've already got an indication that it matches an individual is ...
How do you explain DNA under the fingernails? Casual contact?
Abrams: The woman and the friend were in the bathroom and presumably putting on nail polish. Fingernails were in the bathroom. Could that be an explanation for transfer?
Larry: Long shot. Defense attorneys can say secondary transfer but it's a long shot and you'd have to convince a jury.
Moses: I think the question is if the tissue is really tissue, it's not casual transfer.
Yale: It certainly is a blow to the 3rd suspect because of the 90% and the DNA/tissue match. THat's a tough road to hoe. Doesn't affect Seligmann and Finnerty at all. We now know based on the story she told, the photo lineup, the broomstick theory is out the window, so we're back to body parts and no DNA.
Abrams: If there was a rape in that bathroom...
Yale: Seligmiann and Finnerty have said nothing happened through their lawyers. We don't even know who that 3rd suspect is.
Abrams: Well, we do know who it is but we aren't naming him.
Abrams: If they can show there was a rape, I don't know they can, but if they can, then you start getting into a more typical case.
Susan: That's why the defense has an intersting strategy. They've said no sex. They could have said consensual sex.
Coming up:
Arrest of cabbie
I don't think Allred is going to step in to rehabilitate Roberts. Roberts is too tainted. Allred represents real victims or people who are being sullied undeservedly.
I've been saying there's an indictment next week. Is there any doubt with Nifong pulling the strings?
As soon as I heard Nifong was leaking the 2nd round provided GOOD NEWS... I knew their was an indictment.
Abrams said they know who it is, too.
I have a theory there too? Do you care to know?
Nifong told family last week there was good news. Report not ready. (Slow typists). Nifong not ready to present evidence for a May 18 hearing. SBI missed tissue? Private lab is better able to test fingernails? Something is weird IMO.
Abrams: Alibi witness, cab driver, arrested for driving a woman to and from a shopping mall; she stole purses. It seems to me a mistake because it will be perceived as vindictive.
Susan: If they pursued this on the complaint...what's their theory? Why do they think he has culpibility? Did he know they committed a crime?
Abrams: He pleased guilty so he must...
Yale: Did Nifong just realize he had an outstanding warrant.
Abrams: I was wrong. Cabbie didn't plead guilty. The woman pled guilty.
Yale: He's totally clueless. He drops them off at a store. They come back. He cooperates and gives identifying info, 3 years go by and then he's arrested. Is Nifong's investigators just realizing there's a warrant for the cabbie.
Abrams: The DA has to be careful of perception of what he's doing and how he's doing it. The question of how the DA is handling it...
Susan: Rock. Hard place . You have a warrant and if you don't serve it because he's a witness,... The key will be how this guy gets treated in court. Does he get favorable treatment or someone sticking him in court for a misdemeanor which never happens.
Abrams: Leaks about DNA, are the prosecutors tired of being bashed?
Susan: They are figuring it out and trying to give country who is watching some faith.
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