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txoceanlover
12-15-06, 05:07 PM
Here is the latest news on the Duke rape case. Being a total layman on legal issues I would find this very troubling if I were the DA. So, my questions for those with legal backgrounds - what does this tell you? Did the DA screw up and withhold critical evidence from the defense team and the court? How does this information affect the case? Anyone want to answer those questions please?


DURHAM, N.C.(AP) A judge Friday ordered a paternity test on a baby expected by the woman who has accused three Duke lacrosse players of rape. But both the district attorney and the defense rejected any possibility that one of the men is the father.

News of the accuser's pregnancy comes roughly nine months after the team party where she says she was raped.

District Attorney Mike Nifong said he believes the accuser became pregnant at least two weeks after the party.

The defense asked for the paternity test. At the same time, defense attorney Joseph Cheshire said it is an "absolute impossibility" that she got pregnant during the alleged attack.

Cheshire said the woman was given a pregnancy test immediately after reporting she was raped _ and it was negative _ and she took an emergency contraceptive. In addition, DNA tests found no genetic material from any Duke lacrosse team members on the woman or her clothes.

A person familiar with the case, speaking to The Associated Press on the condition of anonymity, confirmed the pregnancy late Thursday but had no information about the father.

Also Friday a lab director admitted in court that after an agreement with Nifong, he violated his own procedures and withheld results showing none of the players' DNA was found on or in her body.

Dr. Brian Meehan, lab director at DNA Security Inc., said he and Nifong agreed to include only DNA matches in the report on his testing results. The report released in May omitted information about people the DNA tests excluded, including the fact that no genetic material from any member of the lacrosse team was among that from several males found in the accuser's underwear and body.

"We are extremely troubled by that," Cheshire said. The full testing results, showing the exclusions, were disclosed through a defense request over the summer.

BearChick
12-15-06, 09:26 PM
In addition, DNA tests found no genetic material from any Duke lacrosse team members on the woman or her clothes.

Also Friday a lab director admitted in court that after an agreement with Nifong, he violated his own procedures and withheld results showing none of the players' DNA was found on or in her body.

Dr. Brian Meehan, lab director at DNA Security Inc., said he and Nifong agreed to include only DNA matches in the report on his testing results. The report released in May omitted information about people the DNA tests excluded, including the fact that no genetic material from any member of the lacrosse team was among that from several males found in the accuser's underwear and body.

"We are extremely troubled by that," Cheshire said. The full testing results, showing the exclusions, were disclosed through a defense request over the summer.


Here's what's REALLY troublesome...

The entire Duke lacrosse team, charged in this or not, lost their season.

The 3 young men charged lost their scholarships to Duke.

The lacrosse coach lost his job.

And now they're saying that the DA didn't release the fact that he knew that none of these young men were a match to any DNA samples taken from the woman?

There could be a good number of people with good basis for a lawsuit right now.

MisterFresh
12-15-06, 09:35 PM
Not to mention the fact that she claimed that the men raped her, did not use condoms, and ejaculated. And she has no DNA evidence on her.

And she supposedly asked the other stripper to put marks on her.

The whole case is a crock of ****.

BCC97
12-15-06, 09:39 PM
The lacrosse coach deserved to lose his job. He had obviously lost control of his team in off-field related issues (while potentially the most serious, this was not the first brush with law enforcement by Duke lacrosse team members).

I'm just wondering why this case has not been dismissed yet. Short of finding 12 of the "victim's" family members to sit on the jury, there's no way in hell Nifong is getting any conviction. Given the affluent nature of each defendent's family (meaning they can each afford very good lawyers for both criminal and civil trials), i'm sure the DA's office can look forward to 3 very large civil suits for wrongful prosecution.

Also, the following is part of the testimony given today by the private lab worker who did the testing:
Under questioning by Jim Cooney, a defense attorney for Seligmann, Meehan admitted that his report violated his laboratory’s standards by not reporting results of all tests.

Did Nifong and his investigators know the results of all the DNA tests? Cooney asked.

“I believe so,” Meehan said.

“Did they know the test results excluded Reade Seligmann?” Cooney asked.

“I believe so,” Meehan said.

Was the failure to report these results the intentional decision of you and the district attorney? Cooney asked.

“Yes,” Meehan replied.

Dorian Gray
12-16-06, 08:36 AM
DNA testing that found genetic material from several males in the accuser's body and her underwear — but none from any member of the lacrosse team. What are your thoughts on rape shield laws...laws that prohibit putting the accuser's credibility (or even name) on trial while at the same time positively lambasting the accused? If this type of crime is a "he said, she said" (sans the DNA) situation, shouldn't both people be required to defend their own credibility?

Does it, in your opinion, make a difference that, by some reports, up to 5 sets of DNA were found on her or in her and NONE of those sets matched any Duke player?

txoceanlover
12-16-06, 08:56 AM
I too wonder why this case is moving forward. Has the DA put himself into a position that he has to try a case he cannot possibly win? Given this information, I think he should be removed from office. And yes the lawsuits will come and should come.

He was trying to build his reputation at the expense of young men because of their "status" in life.

tommie
12-16-06, 10:26 AM
Here's what's REALLY troublesome...

The entire Duke lacrosse team, charged in this or not, lost their season.

The 3 young men charged lost their scholarships to Duke.

The lacrosse coach lost his job.

And now they're saying that the DA didn't release the fact that he knew that none of these young men were a match to any DNA samples taken from the woman?

There could be a good number of people with good basis for a lawsuit right now.
I agree. Innocent people should have regress against overzealous prosecutors.

txoceanlover
12-22-06, 12:54 PM
Rape charges were dropped today but they still face other charges. I do not understand that DA with all the bad publicity he is getting. The "lady" has no credibility as it is now.

By AARON BEARD - Associated Press Writer

DURHAM, N.C.(AP) Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, but the three still face kidnapping and ***ual offense charges, a defense attorney said.

Joseph Cheshire and attorneys for the other players have said for months the woman told several different versions of the alleged assault.

Cheshire said Friday that the accuser now says she does not know if she was penetrated, which he said led District Attorney Mike Nifong to dismiss the rape charges.

Nifong did not immediately return calls seeking comment.

The accuser, a 28-year-old student at North Carolina Central University, has said three men raped her in a bathroom at a March 13 team party where she was hired to perform as a stripper.

The players _ Dave Evans, Collin Finnerty and Reade Seligmann _ all say they are innocent. Their attorneys have consistently said no *** occurred at the party and have cited a lack of DNA evidence in the case as proof of their clients' innocence.

"It's highly coincidental," Cheshire said, that the charges are being dropped a week after the director of a private DNA testing lab acknowledged that he initially, with Nifong's knowledge, withheld from the defense test results showing none of the players' DNA was found on or in the accuser's body.

Testing also showed that genetic material from several males was found in her undergarments and body.

tommie
12-22-06, 01:15 PM
Nifong got a Hard Ong for these boys