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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.
the FBI publishes "Forensic Science Communications" online.....
"Forensic Science Communications (FSC, ISSN 1528-8005) is a peer-reviewed forensic science journal published quarterly in January, April, July, and October by FBI Laboratory personnel. It is a means of communication between forensic scientists."
Forensic Science Communications premiered in April 1999. Back issues are archived and available via the following links:
2006 (Volume 8)
2005 (Volume 7)
2004 (Volume 6)
2003 (Volume 5)
2002 (Volume 4)
2001 (Volume 3)
2000 (Volume 2)
1999 (Volume 1)
http://www.fbi.gov/hq/lab/fsc/current/backissu.htm
This is funnier than the Redneck Comedy Tour.
Wouldn't you love to see Southpark take this on?
I hope so.
Do you recall when the first DNA results were known? Was it before or after the photo lineup?
I remember my son getting picked up by a trooper in NY for speeding. My son said he knew "absolutely" that he was not. The cop asked him if he was on drugs. According to a local attorney, this happens all the time in this town and the cop always wins "on his word". My son was distressed and regrets not fighting it but at the time, he was on his way to a new defense contract job.
The next problem he had, he called me for advice BEFORE doing anything. I told him what to do. He beat General Motors "in Court" by simply sending them certified letters, receipt return requested as this progressed. He was pretty happy. It was irrefutable evidence and the nuts and bolts of the case.
Thanks...
Rats... conference call at 10... I'll explain why I asked in a bit...
Absolutely.... brb
There is a now-archived Herald-Sun article from 4/4 titled "DA Halting Interviews Unitl Update".
You've got to be kidding.
The damage done to Duke thus far has been immeasurable. This mess could not have happened at a worse time. Acceptance letters for incoming freshmen were out and the deadline for mailing back checks was May 1st. I bet Duke is already dipping into their waiting list and the 'summer melt' hasn't even started.
Then there is the little matter of alumni donations. The development office must be on Paxil.
Thanks. So he got those preliminary negative results back from SBI and then sat down CGM for a photo lineup. Hmmm...
Here's the part of the photo lineup transcript that was redacted.
MN:
I'm way the hell out on a limb here and it's your fault. Now pick three.
CGM:
Eeny Meeny Miney Moe...
it looks to me that ALL 13 locus parameters must be ID'd in a DNA profile submitted to the FBI for the NDIS (National DNA Index System), reading 6.5 at the link below. If (as generally acknowledged) Nifong has less than 13, IT IS NOT ACCEPTABLE AS IDENTIFICATION TO THE FBI.
http://forensics.marshall.edu/NEST/Nest%20PDFs/Documents/AppendB-NDIS-0505.pdf
scrol to para 6.5, which includes a chart....
I found another part of the transcript
MN:
I'm way the hell out on a limb here and it's your fault. Now pick three.
CGM:
Eeny Meeny Miney Moe...
Catch a white boy by the toe
If he hollered "She's a 'ho"
My - mama - told - me - to - pick - the - very - rich - one - and - it - is - you.
Assuming that each occurence took 2 minutes (hey, they're young), that leaves about 10 minutes for her to get dressed including putting on her shoes, fixing her hair, wiping her tears, fix her makeup, get rid of THEIR hair fibers on HER clothing, spray the rug with disinfectant to get rid of HER body fluids....and step onto the porch and smile for the camera.
Why hasn't anyone mentioned how big the bathroom was or where she was before she arrived (LATE) at the Duke House??
I want to hear an explanation for the three week delay in doing the line-up. The guys' pictures were taken on 3/23.
Remember in the first defense press conference when they said that there was a small amount of "material" that was "inconclusive?"
I think it's the same "matter."
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