This just in over on Liestoppers.
JimCooney Posted: Apr 19 2007, 09:25 AM
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One addition to my post in light of comments raised here and elsewhere concerning the SANE examination. While Nurse Levicy apparently claimed on January 10 to Nifong, et al, that Precious could not be sure if a condom was used, her documentation said the opposite. As set forth in the Motion to Suppress served on December 14, there were three different places in her documentation where she explicitly recorded that Precious said that condoms were not used. Her statement on January 10 was just simply wrong and, I believe, resulted from her misreading her notes; Precious did say that she was not sure if one or more of the “attackers” ejaculated and that box “not sure” is checked just below the condom box (in which “no” was checked). IMO the testimony would have been clear that Precious said, and Levicy recorded, in 3 different places that condoms were not used.
The whole question of being “unsure” has absolutely nothing to do with DNA. The DNA found in and on Precious came from both sperm cells and skin (epitheleal) cells. Even if an “attacker” was wearing a condom, he would still leave skin cells. What Mikey never understood (and Linwood as well) was that you do not need to ejaculate to leave DNA - - this is proven by the fact that Dr. Meehan’s DNA was found in one item of the rape kit. No one is accusing Meehan of ejaculating in the rape kit; however, his DNA got in the rape kit from a flake of skin, or dandruff.
The whole, sole and only reason Levicy is being interviewed on January 10 was not for purposes of continuing the case (by this time, according to his account, Mikey had decided he needed to get out). Rather, the only reason that she is being interviewed is that Mikey is attempting to put together a defense for his “condom” comments in the Bar’s complaint, and wants to bolster it with Levicy. She obliges without apparently reviewing her own documents carefully. When she does, and when she realizes that the DNA came from epitheleal as well as sperm fractions, she calls and includes “it did not happen” as a valid explanation.
Finally, one VERY important point in all of this is that all of this evidence that was subjected to DNA testing was collected by women. Meehan was running Y-STR tests, which will pick up male DNA. Thus, there was ZERO chance of contamination during the collection process since all of the people who collected the evidence were women.
http://www.newsobserver.com/100/story/565723.html
Published: Apr 19, 2007 09:27 AM
Modified: Apr 19, 2007 09:57 AM
Former officers face assault case
From Staff Reports
RALEIGH - Two former Durham police officers return to court today to face charges that they beat up a cook at a Raleigh sports bar and called him a racist name.
Gary P. Lee and Scott C. Tanner are scheduled to appear before Wake District Court Judge Debra Sasser, who threw out the case Oct. 30 only to have a higher level judge reinstate it.
Sasser dismissed the case on grounds that a prosecutor had neglected to specify that the incident occurred in Wake County and therefore had failed to show that Wake had jurisdiction. Superior Court Judge Ronald Stephens decided that Sasser had made a mistake and should not have ended the case.
The Durham Police Department fired Lee and Tanner after an internal investigation. Police Chief Steve Chalmers said at the time that the two had engaged in “a public brawl with a perfect stranger.”
The two are accused of assaulting Rene Dennis Thomas on July 20 at Blinco’s on Glenwood Avenue in Raleigh. Thomas is black; both Lee and Tanner are white.
Lee and Tanner were among a group of officers at Blinco’s to send off a fellow Durham officer who was resigning.
In October, Sasser heard evidence against the two former officers, then agreed to toss the case at the request of their defense lawyers. Wake District Attorney Colon Willoughby appealed to Stephens, who said that the issue of jurisdiction should have been brought up before trial.
Finally, one VERY important point in all of this is that all of this evidence that was subjected to DNA testing was collected by women. Meehan was running Y-STR tests, which will pick up male DNA. Thus, there was ZERO chance of contamination during the collection process since all of the people who collected the evidence were women.
Gasp. My eyes are huge, and I just had to close my jaw. Consciously.