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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 think you mean xoxoxox...if I'm not mistaken. Our mystery poster. Remember the riddles?
It doesn't make sense the SBI failed to note the presence of semen, the defense would have mentioned that finding in the first presser if it appeared in the report they were given, and the judge wouldn't have compelled the entire team submit DNA unless he was assured by the DA/LE semen had been found.
What's going on?
The attorneys are probably writing up a complaint to the Bar. That is a "right timing" matter. I have no doubt that NiFong will be disbarred. I'm betting the governor that originally appointed him is pretty p***** off right now.
Could it be that Nifong didn't send along all the information to the SBI?
I also learned here at FR that forensic scientists can determine if DNA comes from a black or white person. Does ABC know that the boyfriend (presumably black) was the donor because the race of the sperm donor was revealed in the report THEY saw?
Bvw said, "The boys will not have anything but a railroading, most likely unless the University takes forceful steps to (1) improve community relations and (2) get its own "in loco parentis" house in order."
Your comment brings some questions to my mind. Not questions necessarily directed at you, just questions. ;)
In the generation before mine, universities definitely were "in loco parentis". In my own college days, I interviewed an elderly security guard on campus, and he recalled days when there were curfews and permission slips to even leave campus. Students were seen as children.
In my days, the very early eighties, there were almost no rules, especially for upperclassmen. You could leave any time you wanted, come back anytime, and the alcohol was free flowing. One guy did get expelled for marijuana, but he was growing it in his window! Students were to be treated as adults, even if we didn't act like it. The laws, especially the drinking age, of the time reflected that new attitude.
Today, though, the laws regarding alcohol have changed. The 18-21 year-olds are in some kind of limbo land, not children, not adults. What was perfectly legal behavior in my day is illegal now. How do the universities deal with this situation? Do they need to go back to curfews? I wonder if this case will bring about some changes in how universities deal with their student's behavior? And is it a good thing or a bad thing?
I'm meaning honest support -- you don't support a student doing a crime, you support the student, YOUR student. As a teacher, as a educational institution there are ways of showing sauch support that avoid, and should avoid, the direct issues of the crime.
And then Duke has to bridge -- not pander, not roll-over -- to the black community in a firm way, a way that shows a promise of better relations and involvement of the University and the student body in and with the Durham community. The community, the community of which the black community is a significant and included part.
No more late phone calls "reaching out", that's one. Daytime relations. Year-round, strong, inclusive.
The ball, and the boy's fate, and it's own fate are really in the hands of Duke's higher adminstrators and trustees. They need to act with some dispatch.
SINCE she WAS NOT a victim, that record should be obtainable eventually.
Do you mean Nifong rifled through the rape kit, removing items he found "troublesome" before sending it to the SBI? Pretty outlandish theory, but watching Nifong so far "highly possible," as I sincerely believe there is something pathological about his behavior.
"But, if you want to know about the boyfried. He's a cool guy..was a hood rat, but now is reformed. YES< the accuser likes GOOD, black "bad boys." In da hood, everybody knows him!"
Take it for what it's worth.
Did anyone figure out the name the reporter asked about?
Why do you only blame Duke for the problem? The city of Durham has been 100x worse.
Why do you let the people of Durham and the City of Durham off the hook? Quotes I have heard from some of the black residents have been highly racist.
First post on Free Republic. Long time reader.
Phew, finally I registered to find some sanity on the web. The other forums I go to regarding this case, the Court TV one, the WTVD one, the talkleft one, are all infested by some "true believers". They may be femnazis, black racists, or just schadenfreund jealous jerks. They are probably the same two or three people.
At least here sanity drowns out the insane and obstinate. I'm home.
Welcome to FR. If you want sanity, don't go on any immigration threads for a while. LOL
The boys "will likely have a railroading" from a Durham jury. I agree.
Welcome.
Probably have to look at the exact wording. It's like "is".
Stay off the immigration threads...they'll make you nuts, and if you post you'll be branded a troll. Just a word of warning......
Pull up a chair and stay 24/7. We do. LOL
"...and what the SANE report really said about the physical "trauma" in the accuser."
Not knowing her occupation, I believe the SANE nurse came to some wrong conclusions.
Welcome, Jack! Fair warning though. Sometimes it does get a little insane here, too. LOL
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