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 ...
Nifung should be in jail.
The accuser should be in jail.
The accused should be paid 10 million each and get a public apology from Nifung and the accuser.
Until that happens, the word "justice" is a joke.
I agree with you 100 percent.
Finnerty's dad says 'there was a rush to indict'
BY WILLIAM F. WEST : The Herald-Sun
bwest@heraldsun.com
Dec 16, 2006 : 11:13 am ET
DURHAM -- Collin Finnerty's father, Kevin, wants to know "Where is the justice?"
"There was a rush to indict," Kevin Finnerty said Friday afternoon. "There was a rush to judgment. There was a lack of a thorough assessment of evidence -- and I'm not happy about that."
Kevin Finnerty made those comments moments after a pre-trial hearing in the Duke lacrosse rape case had concluded.
Collin Finnerty, David Evans and Reade Seligmann -- members of the 2005-06 lacrosse team -- are accused of sexually assaulting a dancer at a lacrosse party on March 13-14.
Kevin Finnerty criticized what he believed is a lack of specifics -- particularly DNA test results -- to support the claims against the trio. "Why would you not try to assess and pursue other evidence and more facts and a better understanding of what did take place?" he asked after the hearing.
Kevin Finnerty praised U.S. Rep. Walter Jones, R-N.C., who on Tuesday asked U.S. Attorney General Alberto Gonzales to have the Justice Department investigate District Attorney Mike Nifong for prosecutorial misconduct.
"We wish other congressmen, senators, politicians would make the same requests" of Gonzales, Kevin Finnerty added.
Evans graduated with a degree in economics in May. Collin Finnerty and Seligmann are on leaves of absence from Duke pending the results of the trial, which is anticipated to begin in the spring.
Kevin Finnerty said the whole situation has been a nightmare for him and his family.
Asked how he and the families of the other two former players have coped, he said, "The boys are all friends, good friends. The parents have gotten to be good friends. It's as coordinated as we can reasonably be."
Some family members or supporters of the players declined comment afterward. But Evans' mother, Rae, was delighted with Friday's hearing, in which defense attorneys peppered the prosecution-retained DNA expert, Brian Meehan, with numerous questions.
"It was a good day," Rae Evans said.
Meehan in court admitted he and Nifong had agreed not to disclose DNA results that would have bolstered the defense, prompting some in the crowd to start clapping.
The judge immediately warned he would have courtroom security escort out anyone else who engaged in another outburst.
Current Duke lacrosse players were in the audience to provide their backing, as was former coach Mike Pressler.
"It's all about support," Pressler said later. "It's all about being there for them, and that's where we're going with it."
Pressler resigned as Duke lacrosse coach on April 5 and Duke President Richard Brodhead canceled the remainder of the team's season. Brodhead reinstated the lacrosse program in June and Pressler went on to become lacrosse coach at Bryant University, a Division II school in a suburb of Providence, R.I.
Pressler was asked whether he feels he would be vindicated if Evans, Finnerty and Seligmann are cleared in criminal court.
"Like I said, I'm here for the guys, and all those things will happen in time," he said.
Asked whether he thinks Evans, Finnerty and Seligmann are innocent, Pressler said: "We believe in the truth. That's what we believe."
http://www.heraldsun.com/durham/4-800030.cfm
Ex-cul-pa-tory.
Not bolsters; cleared.
And this guy has shown he can make a whole suit out of a figleaf.
I was just looking at this - here is a question for the legal eagles - can the judge really do this? What is precious refuses? There have been no claims that the boys are the baby daddy, and liefong is willing to stipulate that they aren't, so why would the FA consent to this? I'd think she'd rather leave it up in the air for now.
Did you catch Greta's and her panel's reaction last night when she asked Woody Vann about the Grand Jury procedures being recorded? When he answered "No" they all almost choked. There is no way to go back and see or hear what the DA said to that Grand Jury. They had no idea the system is so backward here. You are correct, the criminal justice system here sucks.
"The Durham Attorney finally said - most in legal field in NC don't put much stock in grand jury proceedings - and see them only as a way to move a case from a local court into a higher court."
This entire segment summed up the NC Criminal Justice System. People here are indicted for nothing, and spend years trying to clear their names. I have seen it personally with someone wrongfully accused. It took her over 5 years to make it go away, after spending thousands of dollars fighting it.
The North Carolina State Legislature and Governor should be ashamed of themselves for not passing laws to prevent this.
Did you hear Woody Vann tell Greta that the DA did not actually go into the GJ room, only sent in his witness? Did I hear this correctly? One of Nifong's witnesses would most likely have been the well-known Gottlieb (sp?).
Yes, this entire Grand Jury thing will be up for some review.
I would love to see it go to the Supreme Court and get completely tossed and force the State of North Carolina to fix their rotten system.
Also Duke prez BigHead and the Group of 88 should be fired and the tarred and feathered and then sued for slander...and imprisoned to boot!
http://liestoppers.blogspot.com/2006/12/lunacy.html
[snip]
On television with Greta, spokes-cousin Clyde Young, aka Cousin Jakki, shed crocodile tears while suggesting that one of the accused could be the father.
BS.
And 2% or 3% of the thousands of cases I've been involved with over 32 years.
Clyde?? ROTFL!!! It's what we all thought.
Maybe, I dunno if that's what he meant. Could be. In Durham, that would be perfectly rational.
Does someone have a smiley for a clown circus, with Greta, Ted Williams, Jacki, Cash, Travis, and the rest of this family of grifters.
http://z9.invisionfree.com/LieStoppers_Board/index.php?showtopic=746
Clyde!
Clyde.
Yes, I did. They were also shocked to learn that there is no probable cause review process after indictment and arrest. I've been explaining this on this forum since shortly after the indictments came down and I learned that there would be no probable cause hearing. On top of that, I learned there's no requirement for the DA to present exculpatory evidence, the hearings are completely secret and not recorded and the defendant cannot attend. I've explained the difference between indicting grand juries and investigative grand juries, and what their origin and purpose were and are supposed to be.
And I am still baffled that NC criminal procedure is in the primitive state it is in and NOT ONE state legislator has lifted a finger to change the procedures.
I know why they were shocked. I was shocked, too, and have said so numerous times, and anybody with experience in the criminal justice trial system in this country would also be shocked. It is truly bizarre that this is their procedure for threshold felony cases.
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