Lab in lacrosse case found many DNA sources (DUKELAX)

The News and Observer ^ | December 13, 2006 | Joseph Neff and Benjamin Niolet, Staff Writers

[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.

[Constitutions Grandchild]

Same here. I have piles of evidence and transcripts and depositions. I just save it because it seems such a little amount for so much money. Maybe I should light a fire with it this Christmas and let it go. On the other hand my son only has that word on it and that evidence if he ever has to use it. No, I think maybe I should just hang on to it for a while longer. After all, it only takes up one drawer in the file cabinet.

[maggief]

Year in Review: Duke Lacrosse case
12/18/2006 10:31 AM
By: Kenneth Moton, News 14 Carolina


http://rdu.news14.com/content/headlines/?ArID=96564&SecID=2

//

http://worldnetdaily.com/news/article.asp?ARTICLE_ID=53408

Nifong's Law
Posted: December 18, 2006
1:00 a.m. Eastern

As of this moment, we're still unsure of all the facts in the Duke "rape" case, but it's looking like the accused players could be getting railroaded to the point where, when this is over, District Attorney Mike Nifong might receive a lucrative job offer from Union Pacific.

The prosecution's "evidence" seems to be adding up about as logically as the answers on Paris Hilton's algebra exam, yet the case is still being pursued. Every time we look at somebody who may be falsely accused and wrongly convicted, we should shudder and think, "There but for the grace of God," and investigate fully. This is an important case for all of us, as things like this have happened before and must not be allowed to happen to anyone again.

Defense attorneys for the three men from Duke's lacrosse team charged with raping a stripper at a party have filed a motion with the court, as DNA testing found genetic material in the accuser's body and underwear, but none of it was from any of the three defendants.


I repeat: None of it was from any of the three men accused of the rape.

This means the accuser was not with the accused, but rather other men (willingly or unwillingly we don't know), or did a feet-first Slip-n-Slide through the men's room at a packed football stadium. Either way, it's not looking good for the prosecutor's case, but he's showing no signs of letting up.

(snip)

//

http://www.americandaily.com/article/16848

Abuse of Power
By Geoff Metcalf (12/18/06)

[Carling]

"The truth is if you speak to crime lab directors, they will tell you that in only a relatively small number of cases is there any DNA evidence," said Peter Neufeld, co-founder and co-director of the Innocence Project, which uses DNA to free people wrongly imprisoned.

Didn't the Innocence Project manage to have the New York AG reverse the convictions of the Central Park rapists even though THEY CONFESSED TO THE CRIME? This was done because only one of the groups DNA was found on the raped and murdered victim.

I'm trying to figure out what the hell Peter Neufeld is talking about here. Is he saying that the Innocence Project should only be used for socially relevant cases? Does DNA or lack thereof know the difference between who is a 'good' defendant and who is a 'bad' defendant? It's scary when the head of a DNA firm seemingly has this mindset. Can we trust any evidence anymore?

[Sacajaweau]

"Single male source"???? Well, we know for sure that Meehan's is in there?? So where does that leave us??

If Meehan's DNA was present, is it possible that Nifong was present for the test itself. And when does the owner of a lab do the testing?? I think it's highly unlikely.

I'm expecting the defense to call for the Chain of Custody so it can become a court record. I believe it came up big time in the OJ case because a detective was running around with a vial.

[Guilty by Association]

Isn't there a FreeRep rule somewhere (written or unwritten) that strongly discourages posting of entire articles in discussion threads?

PLEASE POST EXCERPTS/LINKS ONLY!

[Guilty by Association]

I think that Constitutions Grandchild was overly charitable.

IMO, the P.O.S. concentration within L.E. is much higher than that of the general public.

[Guilty by Association]

"She's a "civil rights advocate"."

People like Victoria Peterson can be more aptly described as Civil Wrongs Advocates.

[xoxoxox]

From Liestoppers:

Kemper said...

To all,
I don't know what to make of this, but I am passing it along to everyone. I posted earlier that I had heard Nifungu would be facing Bar summons before Christmas, and Sat I had heard that that summons had been postponed to add more serious charges. At lunch today a lawyer friend, sorry to admit that, told me the Nifungu would appear before the Bar Disciplinary committee, TOMMORROW, TUES the 19th., and that he had already been served with his summons. Who knows what is going on, but it is not good for Nifungu, that's for sure. Disbarment is what I think will happen, but he gets to appeal the verdict to NC Supreme Court, I am told he will be wasting his time. I don't know how soon such action takes affect, that is does he get to keep his license while he appeals, or is he busted right then. Fun Fun Fun

1:23 PM (Dec. 18, 2006)
Kemper said...

OK,
More. After a long discussion with State Bar, here is the time line. A grievance is heard and sent to the state bar investigators, they decide if the grievance can become a complaint. Nothing is public until the investigators decide it is a complaint at which time they serve the suspect. He has 20 days to respond. Then he is tried. Nothing could happen Tuesday except the filing of a complaint (basically the Bar indictment) which would be a public record. The Bar disciplinary committee only meets quarterly, last meeting, OCT, next meeting Jan 16th-18th. I think my lawyer friend got it wrong, and nifungu at best could be served with the complaint on Tuesday.
1:56 PM

http://liestoppers.blogspot.com/2006/12/relevance-of-nancys-disgrace.html#links

* Sounds good to me.

[Guilty by Association]

Do you really believe that "Joe L.E." is the sharpest tool in any shed?

[maggief]

Someone is getting coal in their stocking?

No Merry Fongmas for the DA.

[maggief]

http://durhamwonderland.blogspot.com/2006/12/accreditation-agency-will-investigate.html


Monday, December 18, 2006
Accreditation Agency Will Investigate Meehan

[Fido969]

I have boxes and boxes of cr@p related to this. I need to refer to it for some reason from time to time, but less and less often. And just touching the stuff send me into post-traumatic stress or something, I get find myself unable to concentrate or even sleep for days after reading any of it.

I thought when I won't need it anymore that I should just have a big bonfire and get rid of it. A good friend, though, whose counsel proved very wise over the years, told me just to seal it up in a box and put it in a corner in the back of the basement somewhere.

Anyway, I am getting too worked up over this. I just remembered that I don't give a g0d@m what anybody thinks.

[Dukie07]

Yes, Virginia, there IS a Santa Claus!!!!
(Please let this come to pass)

[abb]

This just in...

http://instapundit.com/archives2/2006/12/post_1114.php
December 18, 2006

PROFESSOR JOHN BANZHAF emails (okay, it's a mass-email aimed at the media) that Durham D.A. Mike Nifong may have legal problems:

As the rape case against three Duke lacrosse players continues to unravel, and instances of apparent prosecutorial misconduct multiply, it appears increasingly likely that the accused students will be able to recover civil damages against the county and perhaps also the district attorney, says the public interest law professor who has successful orchestrated legal actions against several major governmental figures, including former Vice President Spiro T. Agnew.

"Although prosecutors generally enjoy absolute immunity from civil liability for violating the constitutional rights of defendants, there are instances -- and this may well be one of them -- where that immunity doesn't apply," says Law Professor John Banzhaf. Moreover, Durham County, NC, does not have absolute immunity, and so the county could be held liable for millions of dollars in civil damages even if District Attorney Michael Nifong is protected from law suits, notes Banzhaf.

I think it's a bit early to start talking about that, but with the stuff that's coming out you can bet that some people in Durham County are starting to think about it. As a more general matter, I also think that the notion of absolute immunity for prosecutors -- a whole-cloth creation of judicial "activism" that one seldom hears about from critics of activist judges -- should also be rethought.
posted at 10:04 AM by Glenn Reynolds

[Constitutions Grandchild]

"Anyway, I am getting too worked up over this. I just remembered that I don't give a g0d@m what anybody thinks."

I know, I really know -- it was a really low, below the belt punch, it makes your eyes water. That's what these kids would have faced if they hadn't been able to see it through to the end. That's what my son will face, and it's like a spear through the heart of his mother. I'll box it up. Maybe in a better place there will be a big fire into which we can both throw our boxes. I promise you, I'll stand next to you when you toss it over the edge.

[Constitutions Grandchild]

And when I toss mine, will you hold on to me tight, I may go over with it, as my knees are a little weak from this morning's go-round, but I just keep on, keepin' on. It's worth it if these kids are okay and it looks like they will be now.

[Jezebelle]

No sharper, no duller. There are some extremely bright people in LE just as there are in most callings, and there are some that should probably be doing something else.

Reading your posts on this subject, you seem to be another one with an axe to grind about LE in general. Did you get busted for something, or is it as simple as just getting booted out of the police academy because you couldn't cut it?

[abb]

http://abclocal.go.com/wtvd/story?section=triangle&id=4862609

Nifong Rejects Threats of Charges in Duke Case
By Tamara Gibbs

(12/18/06 -- DURHAM) - New information in the Duke Lacrosse rape case. The U.S. Attorney General says his department is considering whether to investigate the Duke Lacrosse rape case.

North Carolina Congressman Walter Jones sent a letter to the Justice Department asking for a federal probe.

Eyewitness News has learned the Justice Department's Civil Rights Division is reviewing the letter.

On behalf of hundreds of Duke alumni, a group issued a statement Monday, not only endorsing Congressman Jones' call for a federal investigation, but also calling for criminal charges against Nifong.

Not since his campaign for district attorney has Mike Nifong faced such a firestorm of criticism. Adding to the flame, the admission by DNA Security's Director Brian Meehan, that he and Nifong agreed to withhold certain DNA test results to protect the privacy of Duke lacrosse players.

Some of those results showed DNA from several men had been found on the accuser. Defense attorney, Joe Cheshire explains, "It begs some very serious questions and I'll let you all ask the questions."

While the defense questions Nifong's motives, Eyewitness News has learned a letter from Congressman Walter Jones sent to the U.S. Attorney General is being reviewed by the department's Civil Right's Division.

There's no word on whether there will be a federal investigation, and no word from Nifong on the possible fallout. "I don't really want to comment on anything involving the case outside of courtroom," Nifong said.

Nifong did tell Eyewitness News that he believes he can fairly prosecute the Duke Lacrosse rape case, and while he prepares for the battle in the courtroom, there's a battle brewing on the outside.

Jason Trumpbour, with Friends of Duke, a grassroots organization comprised of Duke alumni told Eyewitness News that the group endorses Congressman Jones' request for a federal probe.

"This is hardly a witch hunt," Trumpbour explained. He said they're taking it a step further, calling for criminal charges against the Durham prosecutor. "These are willful violations of both the professional conduct and the actual application of a law. It's more than just a mistake," Trumpbour said.

Nifong did tell Eyewitness News that he wasn't concerned about Congressman Jones' complaint to the U.S. Justice Department.

The next pre-trial hearing in the case is set for February 5, 2007. The judge is expected to consider at least two defense motions calling for the photo lineup to be thrown out of court and a request to change the location of the trial.

[streetpreacher]

What does crossbreeding a labrador have to do with lacrosse?

[streetpreacher]

Why do we even have grand juries? They're more like grand inquisitions.