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Lab in lacrosse case found many DNA sources (DUKELAX)
The News and Observer ^ | December 13, 2006 | Joseph Neff and Benjamin Niolet, Staff Writers

Posted on 12/13/2006 1:36:38 PM PST by Howlin

A private laboratory hired by the prosecution in the Duke lacrosse case failed to report that it found DNA from multiple males in the accuser's body and underwear, according to a defense motion filed today. The lab, DNA Security of Burlington, found that the DNA did not match the three defendants, their lacrosse teammates or anyone else who submitted their DNA to police, including the accuser's boyfriend.

The new evidence emerged in thousands of documents handed over to the defense in October.

(Excerpt) Read more at newsobserver.com ...


TOPICS: News/Current Events; US: North Carolina
KEYWORDS: anarchotyranny; crystalmangumbo; duke; dukelax; durhamdirtbag; firenifong; jailnifong; nifong; nifonggames; prosecutenifong; suenifong; travesty
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To: gopheraj

mark


1,341 posted on 12/16/2006 6:05:22 AM PST by gopheraj
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To: gopheraj

ditto


1,342 posted on 12/16/2006 6:10:10 AM PST by bjc (Check the data!!)
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To: Locomotive Breath

Meehan and Nifong are proffering the theory that DNA results are wholly irrelevant unless a direct match to a suspect/defendant. Of course, they did not bother to inform anyone of their novel theory that contradicts every legal principle in the book, and the defense was never supposed to find out about this. Nifong applied this theory to the line ups -- that is, the only relevant fact is the the FA picked these three, and anything else htat happened is irrleevant. The hearing in February will dispose of this theory as well.

What we are seeing is a systematic legal exposure of Nifong creating his own law as he went along to achieve a desired result, without bothering to inform the court that he was creating these novel laws, or changing them as he went along to fit a preconceived narrative. Amazing.

Did you get the sense from the judge that he was starting to wise up to Nifong?


1,343 posted on 12/16/2006 6:11:53 AM PST by RecallMoran (Recall Brodhead)
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To: Locomotive Breath

Excellent stuff, LB! Thank you.

Nifong will take this case the distance. Victoria Peterson and Kim Brummell, a frequent H-S letter to editor writer, will see to it.

(No link-archives)

Citizens' group to support Nifong
Organization aims to counterbalance criticism of DA
Herald-Sun, The (Durham, NC)
August 28, 2006
Author: JOHN STEVENSON jstevenson@heraldsun.com; 419-6643
Estimated printed pages: 3

Durham District Attorney Mike Nifong, who faces a write-in rival on the November ballot as well as an effort to recall him from office, now has a group on his side.
A "Citizens for Mike Nifong Committee" has formed, aimed largely at counterbalancing a torrent of criticism Nifong has weathered over his handling of the controversial Duke University lacrosse case.

The new group was organized by Kim Brummell, a corporate security officer and writer, and community activist Victoria Peterson. Their goal is to keep Nifong in office when the November general election rolls around.

The chief prosecutor faces competition from Steve Monks, chairman of the local Republican Party who is running as an unaffiliated write-in candidate.

In addition, a group of voters calling itself the "Committee to Recall Nifong -- Vote Cheek" recently was formed to oust the district attorney.

That organization is urging people to vote for Lewis Cheek, a county commissioner who has said he would not serve even if elected.

Still, his name will be on the November ballot because about 10,000 voters petitioned the Board of Elections to have it placed there.

If Cheek won the district attorney election, the governor would have to appoint someone to serve in his place.

Nifong has worked in the Durham District Attorney's Office for roughly 28 years. He received a gubernatorial appointment to head the agency last year after his predecessor, Jim Hardin Jr., became a judge.

In an interview last week, Nifong said he was pleased about the "Citizens for Mike Nifong Committee." But he said he had nothing to do with forming it.

"They came to me and told me what they had done," Nifong said of Brummell and Peterson. "I was very pleased. It made me feel good."

Nifong conceded he has received an avalanche of criticism over the lacrosse case, in which Collin Finnerty, Reade Seligmann and David Evans are accused of sexually assaulting an exotic dancer during an off-campus party at 610 N. Buchanan Blvd. in mid-March.

But Nifong insisted that the negative attention was not the full story.

"The great majority of the feedback I receive is very positive," Nifong said. "All of the sentiment in Durham is not to remove me from office. There are people who feel very strongly that I should remain. That's encouraging. It's a very positive response, and I'm grateful for it."

Brummell said 51 people as of last week had expressed possible interest in joining the effort to keep Nifong in office. The group will hold an organizational meeting Thursday.

Brummell said she was aware that many people have called for dismissal of the lacrosse case, citing an apparent lack of incriminating DNA evidence and various purported inconsistencies and contradictions in the accuser's version of events.

But Brummell said such questions should be left to a jury.

"We feel Mike Nifong is the best person to handle the lacrosse case and other cases as well," she said. "If Mike Nifong was to lose the election, there would be a slimmer chance of this [lacrosse] case going to trial. Mr. Nifong has proved his loyalty to the case. We feel the case should go to trial. It should be decided by a jury and not by the court of public opinion."

Peterson agreed.

"I do not want this case thrown out or dismissed," she said. "I believe Mr. Nifong will take it all the way to the end."

Peterson said she believed Nifong also was best qualified to handle all of Durham's other criminal cases, too.

"Mr. Nifong has almost 30 years of experience here in Durham County," Peterson added. "You have a man who knows what he is doing. ... Steve Monks is too new. He doesn't have the history. He's only been in Durham a few years. You have to know the land to be district attorney."

(snip)

More on Peterson here:

http://johninnorthcarolina.blogspot.com/2006/08/duke-lacrosse-nifong-campaign-disaster.html


1,344 posted on 12/16/2006 6:19:30 AM PST by maggief
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To: All
The latest 'toon from LieStoppers:

RE: Meehan told the investigator that he "can possibly adjust prices because they would really like to be involved in case,"

1,345 posted on 12/16/2006 7:19:05 AM PST by Ready4Freddy ("Everyone knows there's a difference between Muslims and terrorists. No one knows what it is, tho...)
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To: Jezebelle
Jezebelle, while you may be hurt by my frequent references to the matter, you would be shocked to find out how little cases are investigated in this country. When I got sick yesterday because Nifong said he was unaware of the full DNA report results, it was because it was so incredibly our experience.

The Court system is so clogged with ridiculous, spurious, ill-conceived and major criminal cases, that more times, than not, no one has the time to look at the evidence and make a judgment call that even a simple-minded child could make. Once in the system, there is no advocate to look out for you. Of course, you might say, that's why you get to hire an attorney who is also overburdened and sometimes disengaged from years of exposure to the worst in mankind and has many people whose plight is even worse than yours.

To say that L.E. is not doing their job is due to a character flaw is a major jump to a conclusion I do not draw, nor intend to lead this group of concerned. What I'm saying is our system is fundamentally flawed by the overload and spurious (yes, and sometimes disingenuous agendas) of many individuals.

The nice officer who advised my son to take a plea, having gotten my son's signature on the dotted line, then had the gall to tell him that "the justice system had failed him". L.E.'s words, not mine. That is what I am telling all of you. You will have to go out and hire your own team at great, burdensome, financially devastating expense to obtain the justice you deserve. Not because L.E. are a bunch of criminally negligent jerks themselves, but because there aren't enough of them to go around and do the job.

Now, take a deep breath and give it a rest, Jezebelle. This is true all over the U.S. and elsewhere it's worse. Get over my claim, because I do know I'm right on this one. I, too, have family in the L.E. business, and they are all complaining they can't cover all the stupid jerks who want their neighbors arrested for peeing off the back porch when there are real, real bad guys out there they need to attend to.
1,346 posted on 12/16/2006 7:29:06 AM PST by Constitutions Grandchild
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To: Constitutions Grandchild

By the way, Dearie, wish me a happy birthday, tomorrow, I made it through another year.


1,347 posted on 12/16/2006 7:33:35 AM PST by Constitutions Grandchild
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To: Jezebelle
"She's just a drunken, dope-ridden idiot who doesn't think about anything beyond the next two hours."

Or at least the next two dollars...

1,348 posted on 12/16/2006 7:41:12 AM PST by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: Jezebelle
I am sick and tired of you making that claim based on your single experience out of the millions of cases investigated

Well, it was 100% of the cases she was involved with.

1,349 posted on 12/16/2006 7:42:40 AM PST by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
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To: xoxoxox


That AP weasel headline shows just how out of touch AP and NYT are about the story.


1,350 posted on 12/16/2006 8:08:08 AM PST by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
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To: Howlin

From:
http://durhamwonderland.blogspot.com/2006/12/nifong-and-naf.html

Another revelation from the hearing, meanwhile, cast strong doubt upon Meehan’s self-proclaimed position as an ardent privacy-rights advocate. He admitted that in one document turned over to the state, his lab included the names of three other men who were subjects of another case. Concern for their privacy appears not to have formed a major priority of the lab director.


1,351 posted on 12/16/2006 8:10:29 AM PST by Crawdad (Is this thing on?)
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To: Crawdad

More:

Before the hearing, Nifong would have done well to have reminded Meehan of the 5th amendment: on several occasions, the lab director essentially admitted to a conspiracy with Nifong.

Meehan remarks about this issue included:

* Nifong “specifically wanted to know: does any reference specimen match any of the profiles we gave?”
* Before indictments, Nifong knew that there was no match to Reade Seligmann and Collin Finnerty but that matches to other unidentified males existed.
* The match to unidentified males from the rectal swab not reported because it was “not probative evidence,” an approach on which “we agreed.”
* “This report was a specific report on a request from Mr. Nifong.”
* “We were in agreement that the alternative would have been to produce names and profiles of everybody in the case.”
* “We would be glad to provide a more thorough report upon the request of our client.” [Meehan repeatedly referred to Nifong as the “client.”]
* Had Nifong said, “‘I want a report on everything,’ that’s what we would produce.”
* Violated his own lab’s protocol, but “not just because the district attorney told me to.”

And, the killer question: Was the failure to report these results the intentional decision of you and the district attorney?
Meehan: Yes.


1,352 posted on 12/16/2006 8:14:27 AM PST by Crawdad (Is this thing on?)
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To: writmeister
The disclosure rules require the prosecutor to turn over any evidence which is exculpatory or has impeachment value. The fact that a judge might exclude its admission at trial is not an exception to the disclosure rules. It is simply not Nifong's call to make.

I agree, but considerartion of the rape shield law is liefong's figleaf. And this guy has shown he can make a whole suit out of a figleaf.

Anyway, now he can claim that while the law "might be unclear" with respect to the rape shield law, since the information has been turned over well before the trial, no harm.

1,353 posted on 12/16/2006 8:14:50 AM PST by Fido969 ("The hardest thing in the world to understand is income tax." - Albert Einstein)
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To: Jezebelle

"Nifong is waiting for the case to fall apart on other reasons so he doesn't have to dismiss it and suffer the ire of black Durhamites salivating at the thought of three rich white boys going to prison for a long time for something they didn't do."

That's my opinion, as well.


1,354 posted on 12/16/2006 8:22:52 AM PST by Constitutions Grandchild
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To: Locomotive Breath

The headline probably belongs to a NY Times headline writer which matches their continuing bias in this case.


1,355 posted on 12/16/2006 8:26:19 AM PST by JLS
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To: Crawdad

Intent...Intent....Intent. Always the hardest to prove!! The Defense nailed both Nifong and Meehan. And you can bet your booties that the first judge (Stephens?) also knew about the other DNA....but at what time??


1,356 posted on 12/16/2006 8:29:55 AM PST by Sacajaweau
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To: Crawdad

The first judge sealed some stuff IIRC. I'll have to go back and see if that includes the DNA stuff.


1,357 posted on 12/16/2006 8:31:37 AM PST by Sacajaweau
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To: Sacajaweau

Anybody checked the lab's and/or Meehan's political contributions?


1,358 posted on 12/16/2006 8:32:27 AM PST by Crawdad (Is this thing on?)
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To: Jezebelle; Neverforget01

Jezebelle, I think Neverforget01 was some what spoofingly saying the H-S confusing in an article which defendant is which, ie Evans has gradaute while Finerty and Seligmann compared to the H-S saying Seligmann has graduated while Evans and Finnerty have not, is the D-H showing the Durham public how easy it is to confuse these yankee white boy lacrosse players which is why she had so much trouble with her IDs?


1,359 posted on 12/16/2006 8:35:48 AM PST by JLS
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To: Crawdad

"Political Favors" = Money, (win-win) no matter how you cut it. I'll do you a favor and you send the stuff to my lab. I'll send you a bill. I believe Nifong & Meehan even discussed a "special rate".


1,360 posted on 12/16/2006 8:44:25 AM PST by Sacajaweau
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