First DNA link possible in lacrosse case

Durham Herald Sun ^ | 5/11/2006 | John Stevenson

[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.

[Perdogg]

I am sure, like any college guy will tell you, there are a plenty on bathroom floors.

[Howlin]

I don't think the first lab "missed" -- I think this is part of the test that was "inconclusive" and Nifong is desperately trying to pass it off as a match.

[maggief]

Sources: Second DNA Tests Link Accuser To Third Duke Lacrosse Player
Alleged Victim Was Tested At Hospital For Date-Rape Drug

POSTED: 6:20 am EDT May 11, 2006
UPDATED: 7:04 pm EDT May 11, 2006

DURHAM, N.C. -- An exotic dancer who says she was gang-raped and beaten at a Duke lacrosse team party where she was hired to perform was given a test at the hospital to determine is he had a date-rape drug in her system, WRAL has learned.

#
Video: Sources: Second DNA Tests Link Accuser To Third Duke Lacrosse Player

The accuser, a 27-year-old single mother and student at North Carolina Central University, was treated shortly after the alleged attack on the morning of March 14 at Duke University Medical Center, according to court documents.

Legal experts say such a test is often performed at the request of a police officer. The results of that test, however, have not been made public.

Sources also confirmed with WRAL on Thursday that tissue found under a fake fingernail is a partial DNA match to a Duke lacrosse player who has not been charged in connection with an exotic dancer's allegations that she

The fingernail, found in a bathroom trashcan, apparently belonged to the accuser, who told police that she clawed her attackers during the alleged struggle. The fingernail was taken from the house at 610 N. Buchanan Blvd., where the March 13 party was held.

Initial testing by the State Bureau of Investigation on 46 lacrosse athletes' DNA samples found no link between the dancer and the players. Durham County District Attorny Mike Nifong sent various samples to a private lab for further testing.

Attorneys representing some of the players said they believe the latest preliminary results have no value to the rape case and that any player could have picked up the fingernail and thrown it away.

Nifong hopes to have a full report by Monday in time to take the case of the third player to a grand jury.

So far, two men have been indicted on charges of rape, sexual assault and kidnapping: Duke sophomores Reade Seligmann, 20, and Collin Finnerty, 19. The alleged victim positively identified them out of a Durham police photo lineup.

In a transcript of the lineup, obtained by WRAL on Wednesday, the accuser identified two other men as possible suspects -- one with 90 percent certainty. The fourth man she identified, however, she said she was not certain whether he was one of her attackers.

http://www.wral.com/news/9195865/detail.html

[Howlin]

I see that TISSUE in the paper. I don't know how they explain the first lab then.

People are calling it different things, tissue, matter, material.

We don't know what it is; but we know one thing, it ain't gonna turn out to be what Nifong says it is.

[Howlin]

It's the same policies.

It's the same tests.

It will be the same results.

[Tarheel]

In other words, does the SBI DNA lab have a policy that says we require a minimum of X genetic markers to indicate in a report that the DNA can be classified as identification of a suspect?

Is it possible the Private, for-profit, hand-picked lab has a lower threshold and no such policy. The Private lab MAY provide less certain classifications such as partial match or consistent with... etc.

My guess is that the state lab knows 'how much and how many matches' w/b acceptable at trial for a conviction--the first tests did not meet this threshold. Nifong then sends the stuff to a private lab so he can say the stuff is there but not enough to prosecute thereby saving his butt and leaving these young men 'under a cloud' for the rest of their lives.

For those of you over in RDU--keep Nifong over there--PLEASE.

[Protect the Bill of Rights]

They had a bald, broom with a trojan, silly.

[stands2reason]

Weren't there multiple DNA samples found under her nails?

Defense questions investigator on the stand: How were those other samples picked up? Was she raped by these other people?

Investigator of course answers "No" and explains to the jury all the ways DNA can be transferred under the nails.

Defense says, so my client could have transferred DNA in these same ways, correct?

Investigator goes Duhhhhh, yeah, but....

Game, set, match.

[Protect the Bill of Rights]

What a time for your source to go to Disneyworld, LOL!

[stands2reason]

Do we know for sure "Pancho Villa" is not one of the two housemates?

[Protect the Bill of Rights]

"Tissue" may be a bit of misinformation--Nifong hoping one of the players is sweating bullets right now.

The arrest of the cabbie may have been intimidation, but I think it was also meant to send a message to a bunch of college kids.

[Jezebelle]

Howlin, you rock!

[stands2reason]

I'm confused.

Is the DNA partial match "Pancho Villa" for sure, or just "one of the 46"? Has this been parsed from the newsreports?

[Howlin]

No.

[stands2reason]

I just hope this lawyer has some experience with third-world country prosecution or knows someone who does.

[abb]

The b%tch Nancy Grace uses the word "match."

[Jezebelle]

That relates to fraud. Here is the relevant statute: "Chapter 15. Criminal Procedure. Article 1. General Provisions. § 15‑1. Statute of limitations for misdemeanors. The crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed five dollars ($5.00), and all misdemeanors except malicious misdemeanors, shall be presented or found by the grand jury within two years after the commission of the same, and not afterwards: Provided, that if any indictment found within that time shall be defective, so that no judgment can be given thereon, another prosecution may be instituted for the same offense, within one year after the first shall have been abandoned by the State. (1826, c. 11; R.C., c. 35, s. 8; Code, s. 1177; Rev., s. 3147; 1907, c. 408; C.S., s. 4512; 1943, c. 543.)"

[Howlin]

I'm listening.

[abb]

Ah yes, the dreaded, "consistent with."

[mystery-ak]

We'll see what the GJ does Monday...I'm sure they'll indict whoever Nifong wants..