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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.
Sorry, howlin, I don't have it.
That isn't going to stop him from spinning it into an indictment.
Somebody needs to throw a net over this bastard.
I've never been to Durham. Been to Raleigh and liked it. Don't plan to go to Durham for a long time, if ever.
I keep imagining some poor soul who just bought the Century 21 or Coldwall-Banker franchise in Durham or the poor family that just put their house on the market. Imagine holding an open house and nobody shows up.
You got it...
Look at the interview for the 3/4 guys she identified
IMAGE 4: [redacted]
Sgt: Did you recognize that person?
Victim: He looked like [redacted] but I'm not sure.
Sgt: Who is {redacted]?
Victim: One of the guys that assaulted me.
Sgt: One of the guys that assaulted you? ok.
Victim: Um hum.
Image 5: [redacted]
Victim: He looks like one of the guys who assaulted me sort.
Sgt: Ok. How um, how sure of it are you on this image?
Victim: He looks just like him without the mustache.
Sgt: Ok, so the person had a mustache?
Victim: Yes.
Sgt: Percentage wise, what is the likelihood this is one of the gentleman who assaulted you?
Victim: 90%
Note: no other questions about what they did... strangle, penetrate, etc...
But, when it gets to RS and CF... we have this... Image 7: RS
Did they already have the inconclusive DNA for one of these guys so they didn't need any other details... They asked if CF was the one who strangled her just for show... They already knew the strangler was going to be the DNA guy...
Victim: He looks like one of the guys who assaulted me.
Sgt: How sure of that are you?
Victim: 100%
Sgt: You're a 100% sure. ok.
Victim: Yes
Sgt: How did he assault you? Which on was he?
Victim: He was the one that was standing in front of me.. um.. that made me perform oral sex on him.
Sgt: What else did he do?
Victim: That was it.
NOTE: Inv. Clayton motioned for me to repeat that for him.
Sgt: He was the one that was standing in front of her that made her perform oral sex. 100% sure that would have been Image #7.
IMAGE 40: CF
Victim: He is the guy who assaulted me.
Sgt: What did he do?
Victim: He put his p... in my a.... and my v.... (The victim's eyes are pooling with tears)
Sgt: Was he the first or second one to do that?
Victim: The second one..
Sgt: Is he the one that strangled you or not?
Victim: No.
Sgt: So that is the gentleman who put his p... in your a...; Picture 40.
This interview is very contrived and almost staged in appearance..
The way I read this, she is claiming that CF and RS held her while Pancho Villa did his thang, then Pancho Villa held her by the neck while CF did his thang, then RS got his turn... Sometime after Pancho Villa did his attack and moved into the strangulation hold is when she lost her fingernail scratching at his arm.. Does that sound right?
The first DNA results came in BEFORE the photo line-up, and that's why thins stinks so badly.
I simplified it---
here's a link.
http://sports.espn.go.com/ncaa/news/story?id=2406672
....Bob Bennett, a former federal prosecutor and Washington attorney who represented Clinton in the Paula Jones sexual harassment case, is serving as a spokesman for a group calling itself the Committee for Fairness to Duke Families....
...He is not expected to represent any players, but he has joined the chorus of those who fear for the reputation of the team and the university....
I live in what they call North Raleigh, but I'm outside the new beltline, 540. My stepdaughter has a house at Hyco Lake and we use to go through Durham and up 501 to get there; not anymore; we drive up 50 to Creedmoor and go back through the country.
It takes a little bit longer, but after what happened to that cab driver, we all decided not to take a chance getting stopped over there.
And, no, I am NOT kidding.
There was some interesting info about contamination of a site by the detectives etc. One thing that was mentioned was "change your gloves often".
It's extrememly possible that transference occurred when the boys saw the nails on the sink and threw them in the basket OR a detective transfered material to the nail. I'd say the odds of transferring OCCURRING are darn good. The kid lives there!!
I thought they took DNA from all the boys and I thought the scratching story was not in the early reports but came up after talking about the nailpolish on the rail.
Yes, that's what I've been saying. It's the same result, just spun differently by Nifong.
Sorry, no I don't.
Earlier the thread said that the father of Pancho Villa was a K street lawyer and mom a lobbyist. Which firm I wonder? Some are more impt than others.
Sounds like Hillary made a phone call.
Nothing sounds right!!
Post 11 has the K Street lawyer.
It's not required in a GJ presentation because a GJ has the ability to ask questions and seek exculpatory information and bring their own information to the table. But when handled and manipulated by a prosecutor, they simply don't exercise that potential. The GJ system is a dinosaur in terms of initiating felony cases and is actually dangerous, as we are seeing. There are only about a third of the states that use indicting GJs to initiate threshold felony cases for this reason. Some states don't even have indicting GJs anymore.
Was it this one?
http://www.freerepublic.com/focus/f-news/1612649/posts
She'd had the benefit of weeks of their faces being plastered all over town by then, along with the names attached to the faces. If you think she picked the two wealthiest players by chance, boy, have I got a bridge to sell you! ;>
No, that is the entire point my previous post attempted to make.
They are claiming it was human flesh under the nails, as in ***a piece of flesh that was scratched off of someone's body*** by the AV, supposedly. As for when the scratching story came up, I don't know for sure but I believe it was fairly near the beginning of this mess, maybe not right at the very beginning.
If this is what they are going with, that it was a piece of human flesh that she scratched off a guy and it stuck under the nail, then it can't be refuted simply by saying the nail could have picked up a few cells from material that would normally be in the bathroom wastebasket.
Really facinating. Then the prosecutor/city can't be sued because they used a grand jury. Extremely dangerous situation especially with an ignorant GJ.
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