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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.
They [defense lawyers] don't believe the fingernails were ever applied and they say they have pictures to prove it.
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If the nails were stick on nail and never applied, then the stickyside would still have it covering on it, wouldn't it? That would make the scratching theory pretty silly wouldn't it? Then we would be back to the prosectution having to claim she threw them at the lacrosse players?
They are going to say that there's a pattern of behavior by Duke students and Duke was negligent to allow this go one. 44 of the players at the party lived in Duke Dorms.
I don't think Crystal's attorney will have a problem convincing a Durham Jury that Duke had an obligation to the surrounding community. The Jury is the key. I just pulled the figure of the ether.
Let's see:
1. I knew your figure was hyperbole.
2. If this case starts negatively affecting Duke, a Durham judge may never let a law suit against Duke come to trial. Eventually the community will need this to stop.
3. I think Duke deserves to be punished for this, but the woman deserves no cash.
District Attorney Mike Nifong is expected to use that evidence to seek an indictment of a third player Monday, sources told the Observer.
Your thinking like someone that won't be on that Jury.
Judges there don't want to take heat either. I'm with you.
Jesus, Mary and Joseph.
Yes, and that would mean that if they were dropped in a trash can anything they touched might stick to them.
It's going to be one of the boys who lived in that house.
It's published it's someone that lives there.
Well, I'm with you then: I hope it's Kerry Sutton's client; maybe then she'll get the point.
Facts don't matter. Nifong is going for the indictment.
The defense attorneys need to demand speedy trial(s).
Yes, it would be consistent with what we know of Nifong to go ahead and indict someone that was told they have been cleared.
Like Abram's said, They're playing Hardball
The defense attorneys need to demand speedy trial(s).
N.C. Doesn't have any provision for a speedy trial, unlike most states.
I don't understand why Duke should be punished. What did they do wrong? There was no rape, first of all, and even if there was, it didn't happen on campus.
Yep. And they never retract or apologize for the errors, which leads one to believe they're not really errors.
I think they should be held just as responsible as NCCU was when Crystal stole a Car and went on a dangerous hi-speed chase through 2 counties at over twice the legal limit and then tried to run over a Police officer.
Touché!! :>
I hope Duke is sued by some/all of the players or their families, especially the housemates that were interviewed without representation for 25 hrs. on Mar. 16.
The much criticized Duke report released Monday noted the anger of the families that Duke didn't notify them immediately of the incident, so their sons could retain counsel. Duke campus police were at DMC with the accuser and reported to the dean of student affairs hours later. Yet the parents and players remained in the dark for days. There's no excuse for that.
Thanks for the new thread...I was catching up on the old one Reading...posting..reading..posting..reading..posting
Sort of like Miss Prissy in GWTW when she was going to get help for Miss Melanie....taking her own sweet time while the action is somewhere else!
Ping!
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