Rape Accuser Had Photo ID'd Possible DNA Match

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.

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.

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.

"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.

We want to get right to Kevin Miller. He's with 680-WPTF Radio in Raleigh and, Kevin, give us the upshot of what the attorneys were saying here.

KEVIN MILLER, WPTF RADIO, RALEIGH, NORTH CAROLINA: Well, the attorneys, John, were very upset. Joe Cheshire has come on WPTF and really led the defense team basically stating that he accused the prosecutors of leaking today, Durham District Attorney Mike Nifong of leaking this case saying it's been in the press for three or four days.

They just got the written DNA test results back. This is the second DNA test results. The first DNA test results that came back really did not prove any link to the lacrosse players.

Mike Nifong had originally told us it was a DNA dragnet. He put a lot of his credibility into it. When that didn't come back the defense basically stated "Mr. Nifong, drop the case."

The second DNA results came back. That's what the press conference was about tonight. And then you had Joe Cheshire saying, "Look, there was semen and we know who it is. He's listed in the report," and again urged the Durham District Attorney to drop the case stating that there was no DNA inconclusive evidence linking any of the two suspects that have been indicted or anyone else. He said, "Look, if it was brutal, if it was this, it was that, why did they pick it up out of the wastebasket and hand it to the Durham Police Department?"

ROBERTS: Right, that was the big point that he was making, no conclusive evidence linking the DNA found underneath this acrylic nail that was detached and found in the garbage to any of the lacrosse players, even though there was a mixed sample of DNA. But let's zero in though on this semen sample. This is brand new is it not, Kevin?

MILLER: You know, about a couple hours, John, before we heard the rumors in Raleigh about this it happened -- the crime happened in Durham a month ago tomorrow if you will and the rumors have been swirling around here. And the person is very well known who this semen sample came from but because he's a private individual the defense officials did not want to release his name.

ROBERTS: All right. Kevin, hang with us. We're going to come back to you in just a second.

But right now we want to reach out to DNA expert Barry Scheck, who of course you'll all remember from the O.J. Simpson trial. We have contacted him at Yankee Stadium in New York, Barry, thanks for joining us. I know that you've got other things on your mind. What do you make of this latest report on DNA evidence under the acrylic nail and this apparently single source semen swab?

BARRY SCHECK, NY STATE COMM. ON FORENSIC SCIENCE (by telephone): Well, it sounds like as far as the single source semen swab is concerned this was probably part of the first round of DNA testing because it was always puzzling that they were saying that there was no DNA when they must have (INAUDIBLE) swab and seen some semen there.

Otherwise why would they be doing the DNA tests in the first place? So, it seems as though it came to another individual and it may well be that the prosecution could have said that was acquired from consensual partners. That would be the logical explanation.

ROBERTS: Right, but if you have only one semen sample and it's a single source and you know who it is does that exonerate the Duke lacrosse players or could they still be suspects in the case?

SCHECK: Well, I mean obviously it's evidence in their favor and there has to be some explanation as to why there wasn't any semen (INAUDIBLE) that there was some ejaculation maybe in condoms, maybe they're alleging that the sexual assault was done with an object. You know who knows? It's not right to speculate on any of (INAUDIBLE) and it's all unfortunate (INAUDIBLE).

ROBERTS: Right and, Barry...

SCHECK: As far as the nail is concerned...

ROBERTS: Right. SCHECK: ...it sounds like and, you know, again they're saying there's no conclusive (INAUDIBLE). It sounds like there's some number of DNA markers that could be consistent with somebody.

We don't know how many and we won't know until (INAUDIBLE) that report if there are (INAUDIBLE) defense lawyers start saying that was found in a garbage pail where there is other materials that have DNA from these people that could have brushed against the nail and that accounts for it.

ROBERTS: All right, Barry, we're having a little bit of -- we're having a little bit of trouble hearing you, Barry, so I think we're going to have to let you go.

Let's go back to Kevin Miller who is Durham for us and, Kevin, what's the defense saying about the prosecution's case now that they have this second round of DNA evidence?

MILLER: Well, they again urge Mike Nifong to drop the case. They've said that repeatedly. John, they've done an expert job of really derailing the theories that this happened. First, Mike Nifong said the DNA tests, he told me they would be more -- it would be more reliable than an eyewitness identification.

When that didn't come back he floated the theory of condoms, then the foreign object, when that didn't come back the second DNA testing. Then they attacked the credibility of not on the victim accuser as Joe Cheshire called her tonight, the false accuser. They attacked the credibility of the second stripper.

They've attacked the -- everything that we know of of this case with the time stamped photos, with the ATM receipts along with the ATM photos from Reade Seligmann has really derailed Mike Nifong's case.

Now the word on the street here is he has a silver bullet. It's pretty much late in the game if he has one based on the second DNA test results coming back tonight and the tone of the defense attorneys, John, he needs to use it.

ROBERTS: All right, well we're going to keep watching this case, of course. Kevin Miller of WPTF Radio in Raleigh, thanks very much for being with us.

http://transcripts.cnn.com/TRANSCRIPTS/0605/12/lkl.01.html

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