Rape Accuser Had Photo ID'd Possible DNA Match

NBC CHANNEL 17 ^ | 5/11/06

[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.

[Sacajaweau]

That's what I read yesterday. Without 13 matches, the "supposed perp" is excluded. It is not him.

I'm not sure how DNA computes but guessing that any of the boys would match 5 markers....as in a general population data base??

[Protect the Bill of Rights]

This may be way off the wall, but bear with me. How do we know the "tissue" suddenly referred to is body tissue and not bathroom tissue?

The sticky nail was found in the trash, probably with a bit of sticky "under" it. So, it manages to find a peice of bathroom tissue in the can which might have (no surprise) DNA from one of the occupants.

We have a bunch of stupid, talking heads who may have misinterpreted it.

It may be the nurse in me, but I would think a lab repoort would refer to a "specimen" unless it was a pretty large group of cells. Tissue is more than one cell--a layer or a group of cells.

I googled "Rape Forensic Exam" and the only reference I found to "tissue" was in reference to the victim. i.e. "On closer exam, the tissue had a rolled over appearanec, meaning the wound was in a state of healing and not recent."

References to forensics were scrapings, evidence, material, etc. Never tissue.

I have never read forensic rape report, so I may be wrong. But it is something to think about.

[Neverforget01]

I've given up trying to follow the logic and theories but apparently Wendy Murphy says it's a "Dan" to be indicted (upthread)

[za_claws]

....Wendy Murphy says it's a "Dan" to be indicted ____________________________ So Wendy Murphy says......I guess that means Dan Flannery is off the hook. lol

[JLS]

That's what I read yesterday. Without 13 matches, the "supposed perp" is excluded. It is not him.
______________________________________________

Let me try this again:

1. An exclusion:

A. They take the sample from the evidence and identify 13 markers on it.

B. They take the sample from the suspect and compare to the 13 markers from them.

C. If the 13 markers do not all match the person is excluded and could not have left the DNA.

2. A match:

A. They take the sample from the evidence and identify 13 markers on it.

B. They take the sample from the suspect and compare to the 13 markers from them.

C. If the markers all match the suspect is matched to the evidence and with a very high probability left the DNA in evidence.

3. A partial match:

A. They take the sample from the evidence and identify as many markers as they can on it, but it is less than 13.

B. They take the sample from the suspect and compare it to the LESS THAN 13 markers from the evidence.

C. If the LESS THAN 13 markers all are the same as the suspects suspects equivalent markers, then you have an inconclusive result or what some are now trying to pass off as a partial match.

[Sacajaweau]

I've been writing about the "Tissue issue" all day and keep getting shot down. These push on nails come in a kit. The nails are separate from the stickies.

You remove one side of the protective sticky cover and place it on your real nail. You remove the other protective cover (which is what you now see on your real nail) and press the false nail unto what can best be described as a sticky little piece of tissue.

IF a nail falls off, there is NORMALLY sticky residue on the false nail and the "tissue like sticky" is on your real nail.....But I'll have to test that out to see how consistent that is.

These nails come off sooooooo easily. I always carried extras with me on special occasions....and apparently, this chick did, too.

So where was she before she got to the Duke's house? Why did she arrive with some nails already missing (per photos)....and a half hour late??

[Sacajaweau]

You got it. A partial match (less than 13) is not a match.

The example I saw was between brothers who were both at the scene of the crime AND I think it was a rape case. Obviously, they're not going to snitch on each other. One brother had 12. The other brother had 13. DNA became the scientific snitch!!

[za_claws]

Here is an ad from 1985 to illustrate. :)

http://video.google.com/videoplay?docid=1950025587710766254

[ladyjane]

You're from the area down there. Perhaps you have some insight.

This Durham situation is a disaster and it is allowed to continue. Do you have any idea why?

Do we know who this gal's daddy really is? Who her boyfriend is? What kind of projects the Durham police are running on the side?

She's got a bubble of protection that seems to outweigh all the negative fallout on some big, powerful institutions.

I predict: There is much more to this story than we know.

[Protect the Bill of Rights]

Another possibility is that the report could say something like "...specimen is a XYZ cell typically found in ABC tissue."

Using "tissue" hoping one will think the specimen was a chunk or slice of skin is misleading if, in fact,the scraping, material, whatever consisted of a few cells.

I am wondering if this is misinformation purposely being put out there.

Oh well, you & I are either very,very smart or very, very stooooopid. :-)

Do you live near Syracuse?

[Sacajaweau]

I think you're right about there being MUCH MORE to this and I would say it has to be political. Since the governor appointed NiFong in the first place, I'd look under that desk first.

Seems like there are hidden players missing and they're not LaCrosse players.

[JLS]

Using "tissue" hoping one will think the specimen was a chunk or slice of skin is misleading if, in fact,the scraping, material, whatever consisted of a few cells
___________________________________________________________

Exactly:

1. The "tissue" at issue is human tissue or else it would not have a human DNA profile to compare to that of the players.

2. It is such a small sample they could not find a strand of DNA with 13 markers.

3. The feminazis and the DA's office is saying tissue to get the public to think it is evidence of scratching.

[ltc8k6]

To liven things up we need one of the 3 guy's girlfriends to come out and say she changed her press on nails there a week before the incident and threw the old set in the trash can.

[JLS]

Exactly, will the DA be able to show those were her nails? I am sure she was not the only females ever to vist the house. Maybe they did a DNA test and found the accusers DNA there?

[Sacajaweau]

What we should be hearing is: DNA MATERIAL was found under the victim's nails (and I mean real her real nails unless she said: Hey boys, STOP, I lost a nail!!

We shouldn't be hearing the words: tissue, wastebasket, or fake nails. Tissues are associated with bathrooms. Wastebaskets are contaminated. The fake nail was not ON THE OWNER of the nail. The defense attorney said it was unused. That's proveable.

[JLS]

The defense attorney said it was unused. That's proveable.
______________________________________________________

I found that comment by the defense attorney's very interesting. I think it means one of two things:

1. The plastic covers still cover the glue on the back of the stick on nails.

2. There is no DNA from the woman in question on the nails and it is typical that DNA from the person wearing them would be on press on nails.

If it is the latter, then a girl friend saying, I popped a couple of nails in that bathroom before I left for spring break would be a big deal.

But as it is Nifong has nothing, no match, no seminal fluid, no nothing. It is still:

3. 46 who did not see a rape and one who claims they were raped. I am not sure how big this house is, but something like 43 lacrosse players or maybe a few less were there, some other people who were not lacrosse players and Kim. None of them are going to testify they saw a rape. I do not know how solid a structure that house is, but even with loud music playing, I sort of doubt someone could be raped, scream and fight and 40ish other people not get an incling something was happening. Other than that he has a rigged ID, no DNA evidence and at least one of his positive IDs has an alibi.

[Locomotive Breath]

I re-read the Durham H-S article. The logic apparently goes like this

1) The DNA is a MISMATCH with all but one player. This excludes all other players.

2) The "rapist" is known to be one of the players.

3) Therefore, by process of elimination, the DNA is a sufficient match to the unindicted player #3.

If you introduce one other person into the party then this logic fails unless you DNA test the additional person to prove he is a mismatch like all the other players.

[GAgal]

90% Certain Man lived at the house re the defense lawyers.

http://www.nbc17.com/news/9203288/detail.html

[JLS]

If you introduce one other person into the party then this logic fails
___________________________________________________

And we know one team member was not tested.

BTW, the logic also falls because DNA on or under popoff nails does not prove sexual activity.

[Locomotive Breath]

Nice thought but it will be hard to prove that a rich privileged white Duke girl would use trashy hooker press-on nails. :)