Joe Cheshire, a defense attorney for Duke University lacrosse players at the center of a rape investigation, said the latest tests show no conclusive match to any of the lacrosse players' DNA. (ABC News
Posted on 05/13/2006 9:30:51 AM PDT by SkyPilot
May 13, 2006 — The second round of DNA test results in the Duke University rape investigation show "no conclusive match'' to any lacrosse players, defense attorneys said, but a vaginal swab of the alleged rape victim produced DNA from a "single male source'' — a man not on the lacrosse team who did not attend a March 13 party that was the site of the alleged rape.
Joe Cheshire, a defense attorney for Duke University lacrosse players at the center of a rape investigation, said the latest tests show no conclusive match to any of the lacrosse players' DNA. (ABC News
Defense attorney Joe Chesire declined to identify the mystery man or his connection to the alleged victim, but ABC News' Law and Justice Unit has learned that the unnamed source of the DNA is the alleged victim's "boyfriend," according to her mother.
ABC News is withholding the name of the man because he is apparently not a target of the investigation. Records indicate that Durham, N.C., police gave the "boyfriend'' a cheek swab to collect DNA on May 3, ABC News' Law and Justice Unit has learned exclusively.
It is unclear if or how the first DNA tests missed what appears to be the only foreign genetic material found on the alleged victim's body, defense attorneys said. Two Duke lacrosse players were indicted more than two weeks before the cheek swab was taken from the "boyfriend."
It is also unclear whether the alleged victim had sex with the "boyfriend" the night she claims to have been raped by three Duke lacrosse players. DNA experts tell ABC News that genetic traces of semen can remain in the body up to six days after intercouse.
(Excerpt) Read more at abcnews.go.com ...
It wouldn't surprise me if he's also holding charges over the head of her "boyfriend" as well, just to make sure she testifies. And if the "boyfriend" already has a felony conviction on his record (would that surprise anyone?), he could be looking at serious time. JMO
If the flawed line-up is thrown out on procedural grounds, could police do another one with her? If so, could the first be used as evidence in any trial?
They can file a complaint with the DPD and the DPD will ignor it. They want rid of this case, I bet. Or they can sue Nifong and a judge will pretty quickly toss the suit.
Thank goodness for time stamped photos, ATM videos, Cabbie records AND the fact that the party was at a location on the Duke Student terms....and not at some back alley joint.
I think once an ID is tainted, you can not go back and claim a legit one.
That's the old "once you lie", you can't retract it. She might as well bring all the newspapers with their pictures to any new ID session. It ain't gonna happen.
Just imagine where this case would be if :
There were no ATM or taxi or dorm records;
the kids didn't have the cash to make the $400,000 bond;
the kids' families didn't have the cash to hire investigators to thoroughly research the AV
the kids had to rely on inexpensive lawyers or public defenders;
(the DA would have sent them away for years, and been a great hero to the community).
And that, is scary. . . and what makes Durham scary, until this is fixed . . .
Here's a theory.
In 1996, when she was 17, her then-boyfriend heard about these other guys she did while she was 14 - 3 guys at once. He goes off, and she lies to cover it up, by claiming she was gang raped. He insists she go file a report about it, which she does.
Nothing ever happens with it because she didn't push it, didn't act like it was real, or did something that convinced police she was making it up.
I can't see how a jury is going to accept her id's if she has to do them over again.
The ID has not yet been thrown out. The Grand Jury will accept what they are told.
Did someone have a gut feeling? I think so. I can picture them taking pictures INSIDE the joint...but outside??
Oh yeah, Nifong will get his indictment. No doubt about that these days.
If the court/judge rules that the id's are inadmissible, does that mean that case is thrown out because there is no "evidence", other than her accusation, to warrant their being charged?
That's all they need. Woman never lie about rape.
There is supposed to be a press conference. The boy's parents and some of his team mates are expected to attend to show solidarity.
This is so so frustrating.
LOL! Forgot your s/ but on this thread it's a given.
Remember, according to her father, no rape took place.
She duped the police and her boyfriend. Hookers walk away all the time with a slap on the wrist.
If/when the IDs are tossed, then Nifong would have:
1. No ID.
2. No DNA match.
3. Her testimony that she was raped.
4. A SANE report.
I would guess a judge would toss the indictments if the ID is tossed. Could Nifong get a new indictment without the ID? I would hope not.
| These guys took a lot of pictures and with time stamped cameras. Did someone have a gut feeling? I think so. I can picture them taking pictures INSIDE the joint...but outside?? |
|
I have wondered about that as well. Some people like to take photos, maybe the phone/camera was new and he/them were going crazy, maybe a friend couldn't be there and that friend wanted documentation of the strip show...I dunno.. |
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