Rape Accuser Had Photo ID'd Possible DNA Match

NBC CHANNEL 17 ^ | 5/11/06

[TexKat]

DURHAM, N.C. -- A Duke lacrosse player whose DNA may match tissue found under the fake fingernails of an exotic dancer who claims she was raped was identified in a photo lineup with 90 percent certainty, sources tell NBC-17.

The Durham Herald-Sun reported Thursday tissue found under the accuser's acrylic fingernail 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 paper cites several sources and said scientists also 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.

90 Percent Certainty

Now, NBC-17 has learned that the player is not one of the two already accused in the case -- Reade Seligmann, of Essex Fells, N.J., and Collin Finnerty, of Garden City, N.Y. He is, however, a player that the alleged rape victim picked out in a police lineup with 90 percent certainty.

The 27-year-old North Carolina Central University student told police she was beaten and raped by three lacrosse players while she performed at a March 13 team party. She said she clawed at the players in an effort to fight them off.

Never Applied?

Defense attorneys claim, however, that nothing about the reported possible DNA match means anything to the case if you look at the type of fingernails, where they were found, and if you look at a picture of the accuser's hand shortly after she arrived at the party.

According to defense attorneys, police found four stick-on acrylic fingernails in a trashcan at 610 Buchanan Street, the house where the party took place. The tissue connected to the possible DNA match was found under one of those fingernails.

But defense attorneys said the third player accused lived at the house and it is no surprise that trace amounts of his DNA could be found inside his own trashcan. They also said they don't believe the type of fingernails that were found -- the kind that are applied with an adhesive strip -- actually ripped off during an attack. They don't believe the fingernails were ever applied and they say they have pictures to prove it.

NBC-17 has seen a picture of the dancer's hand at the house when she performed her dance routine. It appears that long, fake fingernails were on some of her fingers in that photo, but not all of them.

Other photos show what defense lawyers believe is red fingernail polish on the walls of the house and on the railing outside the house. They believe the accuser was painting and applying her nails while at the party.

Defense attorneys admit that none of them have seen the DNA report the Herald Sun article is based upon, but they said if District Attorney Mike Nifong has the DNA report, their clients are entitled to see it.

Accuser's Father Responds

The accuser's father called reports of a DNA break in the case long overdue.

"I wasn't surprised to hear that. I feel like we should have learned it before," he said.

Kim Roberts, another dancer who performed at the party where the alleged attack took place, paid an emotional visit to the accuser's parents on Thursday.

"It was real emotional -- she was crying, my wife was crying. She said that she was sorry she left (outside) the house before my daughter did," the accuser's father said.

Authorities said they would know what the DNA shows by early next week.

[Carolinamom]

I wonder if that black Duke English professor, Dr. Brown, who wrote a letter condemning the LAX players and supporting the 'hard-working mother and college student' sister will EVER admit his "mistake".

[maggief]

Who is the DA's puppet? Kevin Miller?

[CondorFlight]

"Again, the defense attorneys gathered there at their office discussing a DNA report the district attorney has handed to them far, far, far before trial time. We`ve known all along -- we discussed this last night -- that the tissue under this girl`s fake fingernail was a very weak, weak match to someone, possibly the unindicted third suspect. We will try to get our hands on that report for you to bring you the full story with all of our panel on Monday night."

Is that a weak, weak attempt to try and slant the story to make it favorable to the DA, for giving them the info "far, far before trial time"???

Golly. At this rate, I expect, when the two accused are declared innocent, for the MSM to headline something like
"44 lacrosse players still under suspicion; two freed". . .

[Carling]

I doubt the media had the entire report. Leaks are typically to shape or frame the public debate. LIEfong would have no reason to share the parts that destroy his case, and more importantly, his public comments.

IOW, there is a reason LIEfong sat on this information LITERALLY until that last possible minute before Monday's grand jury. It's because he gambled on someone cracking, and it didn't happen. Now he is stuck with a hooker with semen in her netherparts that don't match any of the alleged brutal rapists.

If I lived in that county, I would be fearful of him and his corrupt PD regardless my opinion on this case.

[RecallMoran]

He won't. The only thing exceeding the poor judgment of liberal academics is their own arrogance.

[js1138]

I haven't followed things that closely. I've mostly been lurking, waiting for this report.

[F.J. Mitchell]

And the only thing that would arouse suspicion in a rational mind would be an absence of pubic hairs in a bathroom.

[Locomotive Breath]

I'm hoping it was the police chief who has recently gone missing.

[Carling]

I am almost certain the entire report wasn't released. LIEfong selectively leaked hoping for a crack or contradiction by the idicted or their alibis. This explains the bogus arrest of the cabbie as well. I'm sure Nancy Grace is shocked by this semen sample as well.

I hope she learns something from it. She is morally bankrupt IMO.

[TexKat]

Joseph Cheshire, an attorney for a Duke University lacrosse player, listens to a question following a news conference, Friday, May 12, 2006 in Raleigh, N.C. Cheshire, who represents a team captain who has not been charged, said the second round of DNA testing showed genetic material from a 'single male source' was found on a vaginal swab taken from the accuser, but that material did not match any of the players. Two members of the team have been charged with raping a stripper hired to perform at the party on March 13. (AP Photo/Jeffrey A. Camarati)

AP - Fri May 12, 10:26 PM ET Wade Smith, an attorney for a Duke University lacrosse player speaks during a news conference, Friday, May 12, 2006 in Raleigh, N.C. The second round of DNA testing showed genetic material from a 'single male source' was found on a vaginal swab taken from the accuser, but that material did not match any of the players. Two members of the team have been charged with raping a stripper hired to perform at the party on March 13. (AP Photo/Jeffrey A. Camarati)

[Swanks]

If I lived in that county, I would be fearful of him and his corrupt PD regardless my opinion on this case

Damn right. Attention: Those considering Duke U. should weigh the added cost of stepping off the curb into downtown Durham - and falling into the hands of this retard Nifong. Keep in mind also he is the DA of choice by those who live there.

[SirJohnBarleycorn]

Here is the relevant part of the NC rape shield law.

It won't matter whether the AV made an inconsistent statement or not. Any sexual activity recent enough to show up in a vaginal swab is almost certainly going to be allowed in as probative of the assertion that that activity accounted for the genital injuries, and not the alleged rape by the lacrosse players. A trial judge should clearly allow this in, and even if he or she did not, the defense would have a very good argument on appeal.

---

Rule 412. Rape or sex offense cases; relevance of victim's past behavior.
(b) Notwithstanding any other provision of law, the sexual behavior of the
complainant is irrelevant to any issue in the prosecution unless such behavior:
* * *
(2) Is evidence of specific instances of sexual behavior offered for the
purpose of showing that the act or acts charged were not committed by
the defendant

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/pdf/BySection/Chapter_8C/GS_8C-412.pdf

[Sacajaweau]

Howlin...Just finished watching "Numbers" (and doing a math problem at the same time) and have to play "catch up" on 600 comments.

I missed a DNA program the other night. It was on at 3 AM...and I just couldn't stay up any longer.

I hope a real DNA expert visits us at FR to help us out. I really know very little about DNA.

[toldyou]

"I'm hoping it was the police chief who has recently gone missing."

I'm with you....

[don'tbedenied]

Slam dunk SirJohnBarleycorn!

I'm just glad you're not SirLowSparkofHIghHeelBoys

[Carling]

Damn right. Attention: Those considering Duke U. should weigh the added cost of stepping off the curb into downtown Durham - and falling into the hands of this retard Nifong. Keep in mind also he is the DA of choice by those who live there.

---

The crazy thing is that I have never been to the area, but I just found out I will be spending three weeks of this July at Research Triangle Park outside of Raleigh-Durham. I will have weekends free. I might to a side sociological study on reactions to the case if I have time. At the very least I will walk by the Buchanon house to get a feel for the size of the place.

[Locomotive Breath]

Back to "Traffic" court for Nifong

[don'tbedenied]

excellent

[Carling]

Traffic court?

I'm hoping a soup kitchen. His reckless behavior in the media at the start of this case ruined these boys' lives. Is it possible to sue a DA for slander? LIEfong did say a rape occurred, and he has also said that he won't allow Dukies to rape a "black woman".

The man is evil.

[F.J. Mitchell]

Better yet, flipping burgers.