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Posted on 05/11/2006 9:17:59 PM PDT by 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.
"I'm still wondering where the police chief is in all this."
Hiding.
I agree it won't go to trial if the AV refuses to testify. Otherwise I think you're being too optimistic.
Nifong won't be disbarred. The most that might happen to Nifong is a reprimand for unethical behavior for his dealings with the press, but I highly doubt even that will happen. I don't think he is in danger of even an ethics reprimand for either (a) instructing the police investigators to ignore the NC photo lineup guidelines or (b) having the police attempt to interview lacrosse players who he knows are represented by counsel without informing such counsel.
He is in no danger of being found liable for defamation. And unless there is a smoking gun-type statement that a police officer or someone else inside the investigation will testify to, he is in no danger of being found guilty of or liable for malicious prosecution.
The worst that could happen to Nifong is that he loses the case at trial (assuming the AV goes forward and testifies). Apart from being a laughingstock and held in contempt by most of the other lawyers in the state.
If they did, I did not hear that Jrabbit.
I read the comments on that thread. You made sense, and the others.....well, what can I say?
"Know that you know -- you don't know, know what I mean?"
I know.
I'm more inclined to think that the Police chief couldn't be coerced into going along with NiFong's plan. There's definitely some kind of coverup here.
With so terribly many people describing the AV as thoroughly intoxicated, or dead drunk, or unconscious, how was it she said anything?
Thanks, and I'll be curious to see if I get any responses.
And yikes! It's late, and I have to play tennis in the AM. I'm out.
"I'm out."
Me too. Goodnight!
ok...thanks...don't know why I thought that was said...I hope I'm not delusional!! :-0
The statements don't conflict. Rather, the earlier report simply didn't have the fact that TWO DIFFERENT DNA TESTS (concerning the sites where DNA was found) were run. Consequently the "newsie" writing up the first story focused on the possibility that a "match" had been found that was meaningful.
Naturally, I was away when the conference was held. A LOT of good comments and observations by the FReepers. Many of the suspicions of FReepers were confirmed! I guess the only thing I really missed would be Rita Cosby going breathless at the mention of the word "semen." However, it appears from the thread that she was not on tonight.
I've been puzzled by the AV's comment about the moustache and just had a thought.
Is it possible that before the official ID session the DA gathered lots of pictures of the lacrosse players, not just the team picture but high school yearbook pictures, newspaper pictures, etc. in an attempt to 'prime the pump' so to speak. Perhaps one of the players in those photos a moustache. When Crystal mentioned the one with a moustache she was referring to a picture she had seen earlier.
Let's pray that there is a Merciful God, because if He isn't, you will have a rough go of it Fur Shur.
Lest you can direct the D.A. to the super-secret condom factory just off a North Carolinny crick.
That "semen" is what is going to get NiFong disbarred because he went to the grand jury without that information. He had to know "who" from the first DNA tests and kept the information hidden.
Washer won't drain! I had to go find some more deep pocket sheets!
So what. 15 of these characters already had criminal records, and one of them was working on the start of an unenviable criminal record right in my community.
There's an old saying ~ lie down with dogs, get up with fleas.
Live with it.
Nancy Grace will merely move on to the next sensational story while she treks upon her fast-tracking career up the ladder, and upon the backs of poor folks and not-poor folks.
And think of all those harpies who plastered pics of the Duke Boys EVERYWHERE -- GUILTY! GUILTY! GUILTY!
Okay, Malik Shabazz -- show us how you stand up for your queen, Now. Dammit.
+++
I wish I'd been live with y'all for the great moments. Laughed my head off reading your posts.
I'd like to have a few words with the racialist and sexualist pinheads at Duke, so determined to turn this event into an economic and social justice cakewalk for themselves.
I knew these boys were innocent. The facts spoke.
But I want justice too. And those who are most responsible for turning this case into a horror show are the ones who'll get to slink back into the delusional swamps from which they arose.
But, only for a time.
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