We want to get right to Kevin Miller. He's with 680-WPTF Radio in Raleigh and, Kevin, give us the upshot of what the attorneys were saying here.
KEVIN MILLER, WPTF RADIO, RALEIGH, NORTH CAROLINA: Well, the attorneys, John, were very upset. Joe Cheshire has come on WPTF and really led the defense team basically stating that he accused the prosecutors of leaking today, Durham District Attorney Mike Nifong of leaking this case saying it's been in the press for three or four days.
They just got the written DNA test results back. This is the second DNA test results. The first DNA test results that came back really did not prove any link to the lacrosse players.
Mike Nifong had originally told us it was a DNA dragnet. He put a lot of his credibility into it. When that didn't come back the defense basically stated "Mr. Nifong, drop the case."
The second DNA results came back. That's what the press conference was about tonight. And then you had Joe Cheshire saying, "Look, there was semen and we know who it is. He's listed in the report," and again urged the Durham District Attorney to drop the case stating that there was no DNA inconclusive evidence linking any of the two suspects that have been indicted or anyone else. He said, "Look, if it was brutal, if it was this, it was that, why did they pick it up out of the wastebasket and hand it to the Durham Police Department?"
ROBERTS: Right, that was the big point that he was making, no conclusive evidence linking the DNA found underneath this acrylic nail that was detached and found in the garbage to any of the lacrosse players, even though there was a mixed sample of DNA. But let's zero in though on this semen sample. This is brand new is it not, Kevin?
MILLER: You know, about a couple hours, John, before we heard the rumors in Raleigh about this it happened -- the crime happened in Durham a month ago tomorrow if you will and the rumors have been swirling around here. And the person is very well known who this semen sample came from but because he's a private individual the defense officials did not want to release his name.
ROBERTS: All right. Kevin, hang with us. We're going to come back to you in just a second.
But right now we want to reach out to DNA expert Barry Scheck, who of course you'll all remember from the O.J. Simpson trial. We have contacted him at Yankee Stadium in New York, Barry, thanks for joining us. I know that you've got other things on your mind. What do you make of this latest report on DNA evidence under the acrylic nail and this apparently single source semen swab?
BARRY SCHECK, NY STATE COMM. ON FORENSIC SCIENCE (by telephone): Well, it sounds like as far as the single source semen swab is concerned this was probably part of the first round of DNA testing because it was always puzzling that they were saying that there was no DNA when they must have (INAUDIBLE) swab and seen some semen there.
Otherwise why would they be doing the DNA tests in the first place? So, it seems as though it came to another individual and it may well be that the prosecution could have said that was acquired from consensual partners. That would be the logical explanation.
ROBERTS: Right, but if you have only one semen sample and it's a single source and you know who it is does that exonerate the Duke lacrosse players or could they still be suspects in the case?
SCHECK: Well, I mean obviously it's evidence in their favor and there has to be some explanation as to why there wasn't any semen (INAUDIBLE) that there was some ejaculation maybe in condoms, maybe they're alleging that the sexual assault was done with an object. You know who knows? It's not right to speculate on any of (INAUDIBLE) and it's all unfortunate (INAUDIBLE).
ROBERTS: Right and, Barry...
SCHECK: As far as the nail is concerned...
ROBERTS: Right. SCHECK: ...it sounds like and, you know, again they're saying there's no conclusive (INAUDIBLE). It sounds like there's some number of DNA markers that could be consistent with somebody.
We don't know how many and we won't know until (INAUDIBLE) that report if there are (INAUDIBLE) defense lawyers start saying that was found in a garbage pail where there is other materials that have DNA from these people that could have brushed against the nail and that accounts for it.
ROBERTS: All right, Barry, we're having a little bit of -- we're having a little bit of trouble hearing you, Barry, so I think we're going to have to let you go.
Let's go back to Kevin Miller who is Durham for us and, Kevin, what's the defense saying about the prosecution's case now that they have this second round of DNA evidence?
MILLER: Well, they again urge Mike Nifong to drop the case. They've said that repeatedly. John, they've done an expert job of really derailing the theories that this happened. First, Mike Nifong said the DNA tests, he told me they would be more -- it would be more reliable than an eyewitness identification.
When that didn't come back he floated the theory of condoms, then the foreign object, when that didn't come back the second DNA testing. Then they attacked the credibility of not on the victim accuser as Joe Cheshire called her tonight, the false accuser. They attacked the credibility of the second stripper.
They've attacked the -- everything that we know of of this case with the time stamped photos, with the ATM receipts along with the ATM photos from Reade Seligmann has really derailed Mike Nifong's case.
Now the word on the street here is he has a silver bullet. It's pretty much late in the game if he has one based on the second DNA test results coming back tonight and the tone of the defense attorneys, John, he needs to use it.
ROBERTS: All right, well we're going to keep watching this case, of course. Kevin Miller of WPTF Radio in Raleigh, thanks very much for being with us.
http://transcripts.cnn.com/TRANSCRIPTS/0605/12/lkl.01.html
Kevin Miller seems to have lost track of time, huh? I guess he's so busy getting his mug on TV it only seems like a month.
I'm still furious with him about his snarky remark about the cab driver.
<< Now the word on the street here is he has a silver bullet. >>
I can't believe even a dolt like Nifong could really think the fingernail partial match is a "silver bullet."
Nifong may be referring to a still-to-be-revealed toxicology report showing evidence of date rape drug or something similar. Which wouldn't be a "silver bullet" either IMO.
Now the word on the street here is he has a silver bullet. It's pretty much late in the game if he has one based on the second DNA test results coming back tonight and the tone of the defense attorneys, John, he needs to use it