Rape Accuser Had Photo ID'd Possible DNA Match

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.

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.

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.

"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.

Cheshire: State of NC has released the so-called second DNA report. The first thing I'd like to say is that it's interesting to note that this report was leaked by the DA according to press people who have told me specifically - several days ago. We only received the report at 5:00 by fax. I find it interesting that it was leaked that way and faxed to us in a way that was apparently done so we wouldn't have the opportunity to respond to it.

The second thing is it makes me sad the way it was leaked and reported by many people that there was a match in the second DNA hit to one of the lacrosse players. Those types of reports that go out all over this nation give a false impression about th ecase and makes it difficult for these men to receive a fair trial. That is one of the reasons we're speaking out. We feel compelled by the actions of the DA's office to speak out about this case.

Let me also emphasize to you all that none of the lawyers to in this room are experts to DNA so we've had 3 hours to review a complex, scientific report.

But we can say to you categorically that this report shows no conclusive match between any genetic material taken from, on or in the false accuser and any genetic material to any Duke lacrossee player.

There was DNA material from multiple different people on one plastic fingernail and in that fingernal was some of the same characteristics as the genetic ...of some of the Duke lacrosse players. And none of them have been indicted.

What that says is that there is no conclusive match of DNA.

I also want to go back and discuss what I said at the initial press conference about the DNA. This one plastic fingernail that was supposed to have been according to this false accuser, ripped off during this horific struggle, was taken from a trash can from the bathroom from two of the players who live in that house. In that bathroom and in that trash can where those fingernails were placed by the lacrosse players when they cleaned up their bathroom. The trash can also had in it que tips, kleenex, toilet paper and ever yother possible type of things that would carry their DNA. So it would be a real story if there wasno DNA that didn't match the genetic strain of one of the players.

CNN NANCY GRACELESS TRANSCRIPT 5/12/06

Everyone, let`s go live to this presser.

JOE CHESHIRE, DEFENSE ATTORNEY: This is Wade Smith, and my name is Joe Cheshire. There are other lawyers back there that I`ll just let identify themselves, if they would like to.

UNIDENTIFIED MALE: My name is (INAUDIBLE)

UNIDENTIFIED MALE: Bruce Williams.

UNIDENTIFIED FEMALE: (INAUDIBLE)

CHESHIRE: The ones that know about this case know that I represent a player who`s one of the captains, named Dave Evans, who also was one of the young men who rented the house at which the party took place that resulted in the false accusations that have been made against Duke lacrosse players.

Today, also, as you know, the state of North Carolina has released -- and I do not know whether you all have seen it. There doesn`t seem to be much in this case that the press doesn`t get a chance to see. But the district attorney`s office has released to us their so-called second DNA report.

The first thing I would like to say about that report is that I think that it is very interesting, interesting to note for the ones of you that care to note these things, that this report was leaked by the district attorney`s office, according to press people who have told me specifically that they leaked it to them, several days ago. We only received this report at 5:00 o`clock. I received it at 5:02 this afternoon by fax. I find it interesting that it was leaked that way and faxed to us in a way that was apparently done so that we would not have the opportunity to respond to it. That`s the first thing.

The second thing is, it makes me sad the way it was leaked and the way it was reported by many people that there was a match in the second DNA test to one of the Duke lacrosse players. Those types of reports that go out all over this nation create a false impression about this particular case and makes it very difficult for these young man to receive a fair trial. And that is one of the reasons that we are speaking out tonight. We feel compelled by the actions of the district attorney`s office to continue to speak out about this case.

Let me also emphasize to you all that none of the lawyers in this room are experts in DNA. So we have now had approximately three hours to review a very complex scientific report. That is not a long time. But we can say to you categorically that this report shows no conclusive match between any genetic material taken on, about, in or from the false accuser and any genetic material of any Duke lacrosse player.

It does show that there was DNA material from multiple different people on one plastic fingernail, and that in that material was some of the same characteristics as the genetic -- some of the Duke lacrosse players, and let me emphasize, none of the Duke lacrosse players that have been indicted. What that says -- and you can talk to your experts on DNA -- is that there is no conclusive match of DNA.

Now, I also want to go back, if I can, briefly with you and discuss what I said at the initial press conference about the DNA. This one plastic fingernail that was supposed to have been, according to this false accuser, ripped off during this horrific struggle, was taken from a trashcan that was in the bathroom used by two of the players who lived in that particular house. In that bathroom and in that trashcan where those fingernails were placed by the lacrosse players when they cleaned up their bathroom -- and I`ll talk to you about that in a second -- also had in it - - I`m talking about the trashcan -- things such as Q-tips, Kleenex where people blew their nose, toilet paper, and every other possible type of material that carries the people that use the trashcan`s DNA.

So it would be a real story, ladies and gentlemen, if there was no DNA that could not conclusively match but show some genetic strain of one of the lacrosse players who used that bathroom. What a stunner that would be. And that is important for you all to understand.

And it is further important for you to understand this fact about that one plastic fingernail. This woman says, again -- and you will see those fingernails at some point in time -- that they were ripped off of her in this horrific struggle. As I`ve told you, they were picked up by lacrosse players and placed in that trashcan. They were given to the lacrosse -- they were given to the Durham Police Department, physically given to the Durham Police Department, by the same lacrosse players that put them in the trashcan. And they were given to the Durham Police Department after the lacrosse players were told by Duke University that there had been accusations of a rape in that house and that the police may be coming by to talk to them.

And I simply ask you all to try to consider, is that consistent with someone that knowledgeably and knowingly committed a rape, that they would leave fingernails that were ripped off a person in a violent struggle in their trashcan after they`re told there`s an investigation and the police were going to come to their house, and when the police do, they give them the fingernails?

So there is no conclusive match that has been reported in the national and local media that ties any of these young men to this woman who has made these false accusations.

Let me also say what this report shows. It once again shows, as the SBI report showed, that there is absolutely no -- and I emphasize to you -- no scientific or genetic evidence that any rape or assault occurred on this false accuser. Of all of the things taken on her and in her and about her, none of any of the Duke lacrosse players` DNA, or even anything that someone can say is consistent or could be or may be or has one tiny little iota of a genetic marker tied any of these men to this woman`s person, or to anything she was wearing or anything that she had.

And I ask you again to go back and review your own reports of what this woman said happened to her -- anal rape, oral rape, vaginal rape -- and there are no -- no! -- genetic or scientific evidence in this report that ties this woman to any type of behavior like that with these players.

And that leads us to what is really important about this report. And I want you to listen to this part, ladies and gentlemen, because this wasn`t leaked to you by the district attorney`s office, and it may be the reason why this report was given at 5:00 on a Friday afternoon.

Even though the district attorney`s office has previously and earlier said that no semen was collected from this false accuser, we now find from this DNA report that, in fact, they did retrieve male genetic material from a single source, from this false accuser, from vaginal swabs.

Now, let me say that to you again. Even though they said earlier that there was no semen taken from the vaginal swabs of this woman, we now find that they did retrieve male genetic material from a single source, a single male source, from vaginal swabs and that that source has been named in this report, is a person known to the Durham Police Department, but is not any of the Duke lacrosse players.

GRACE: And there you see the presser winding into matters beyond the DNA off the fingernails. Thanks, Liz.

Again, the defense attorneys gathered there at their office discussing a DNA report the district attorney has handed to them far, far, far before trial time. We`ve known all along -- we discussed this last night -- that the tissue under this girl`s fake fingernail was a very weak, weak match to someone, possibly the unindicted third suspect. We will try to get our hands on that report for you to bring you the full story with all of our panel on Monday night.

But right now, as we head into Mother`s Day weekend, with us on a very urgent matter, five courageous moms. We left off speaking with Belinda Richards, the mother of Wallace Richards, a 23-year-old young man who seemingly disappeared into thin air after taking a friend to work.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.