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Update on Duke Rape Case

Here is the latest bit of news and it is big:

DNA testing conducted by a private lab in the Duke lacrosse rape case found genetic material from several males in the accuser's body and her underwear _ but none from any team member, including the three charged with rape, according to a defense motion filed Wednesday.

The motion, signed by attorneys for defendants Reade Seligmann, Collin Finnerty and David Evans, complained that the information was not disclosed in a report on the testing prosecutors provided earlier this year to the defense.

"This is strong evidence of innocence in a case in which the accuser denied engaging in any sexual activity in the days before the alleged assault, told police she last had consensual sexual intercourse a week before the assault, and claimed that her attackers did not use condoms and ejaculated," the motion read.

In an interview, defense attorney Joseph Cheshire said the report's findings suggest the accuser had sex shortly before the March team party where she was hired to perform as a stripper. The woman has said three lacrosse team members gang-raped her in a bathroom at the party.

"None of (the DNA material) happens to be from lacrosse players who are supposed to have had sex with her, which is pretty significant," said Cheshire, who represents Evans.

That's pretty big news.

We might see a very rare thing in this case -- we might see the story reporting the latest developments, which support the accuseds' innocence, reported every bit as prominently as the original charges. That is indeed a rarity. Think of all the people who receive front page headlines after being accused of some horrible crime or ethical infraction, whether in politics or crime reporting, who are later cleared. The followup story is hardly ever as prominent as the initial story of the accusations. We might actually see a case where the bigger story becomes the one about an out of control DA who dragged innocent men through the mud to enhance his political standing.

This really is a scary case. Just imagine where those young men would be if DNA testing had not yet been developed.

Comments (53)

Looks like Rush was right. ... (Below threshold)

Looks like Rush was right. The girl is a ho.

The tendency that, once acc... (Below threshold)

The tendency that, once accused, you are guilty to you prove yourself innocent attitude attached to rape got a lot stronger in during the 80's when rape was one of the causes du jour.

Fortunately it wasn't long after that DNA improved enough to help clear false accusations.

I wonder if the lacrosse pl... (Below threshold)

I wonder if the lacrosse players can sue her for damages...

Or sue the prosecutor.... (Below threshold)

Or sue the prosecutor.

Uh, what Duke rape c... (Below threshold)
Peter F.:

Uh, what Duke rape case.

It was in the headlines qui... (Below threshold)

It was in the headlines quite a while ago (March?) and this just now comes up.
TSG - Search Warrant Papers
ABC Article

Oh, and <a href="http://www... (Below threshold)

Oh, and the indictment from TSG as well.

I'm giving Nifong a strippe... (Below threshold)

I'm giving Nifong a stripper for his disbarment party.

God what a creep.

Mike Nifong disbarred?? I t... (Below threshold)

Mike Nifong disbarred?? I think not!
I've heard some talk the victim is pregnant and soon to deliver. I don't know if this is true or not but if so.....hmmmmmm

Nifong should not only be d... (Below threshold)

Nifong should not only be disbarred he should do time.Where in constitution does it give a prosecutor the right to knowingly institute charges that he knows are Salacious.

J58, the girl had semen in ... (Below threshold)

J58, the girl had semen in her from several different men, none of whom were the defendants, or on the Lacrosse team.

Even if the rumor you cite (which you acknowledge is without basis) were true, it would be 100% that the child was some one's other than these defendants.

Can you read before you post your non-substantial info???

Let me put it this way, J58... (Below threshold)

Let me put it this way, J58; in a way you might be able to understand.

The accused are as guilty as O.J. Simpson is innocent. What planet do you dwell upon? And what evidence can you cite to the contrary.


MitchellA jury fou... (Below threshold)


A jury found O.J. not guilty. As for the lacrosse players (duke 3)... we'll find out the truth at trial. B/C the case is going to trial. Do you see Mike Nifong dropping the case? Ha Ha Ha..."NOPE".

J58, you missed the point, ... (Below threshold)

J58, you missed the point, as usual. Do you believe, personally, that O.J. is innocent.

The jury voted to acquit based on a legal standard, and made no finding of his innocence.

A civil jury has found him guilty of the murders in a civil case.

Again, I'll ask it, do you think he didn't kill Nicole?

MitchellThis isn't... (Below threshold)


This isn't about O.J. This is about the duke rape case..OK

And the case is going to trial...goodnight!

Nifong has GOT to be the st... (Below threshold)

Nifong has GOT to be the stupidest prosecutor I've ever seen.

justice 58, if this case is brought to trial, I predict that at the close of the prosecution's case, the judge enters a directed verdict of not-guilty, because, based upon the evidence, no reasonable jury could find the defendants guilty beyond a reasonable doubt.

Will Nifong get disbarred? ... (Below threshold)
Chris G:

Will Nifong get disbarred? No. To do so would open a Pandora's box of which cases were jimmy-rigged, and who was railroaded into jail prior to this case.

He won't get disbarred, but he will not finish his term. Maybbe he will resign to pursue other interests. He may end up a legal aid lawyer in Jackson Hole Wyoming, or selling vacuum cleaners in Alberquerque. In any case, his public legal career is soon to be over

Nobody with a modicum of in... (Below threshold)
Patriot's Game:

Nobody with a modicum of intellect thought those boys were guilty, including jesse jackson and the new black panthers.
It doesn't matter; if they're acquitted, get ready for a town to burn. I believe that's the usual response from a large portion of the community.

I don't know Chris, it soun... (Below threshold)

I don't know Chris, it sound like he has a promising career ahead of him as a Democrat Congressmen or Senator.

This is prosecutorial misco... (Below threshold)

This is prosecutorial misconduct. Clear as day.

The kids will have a chance to sue Nifong and this case ought to be dismissed right now. Their lives are a mess because Nifong is an idiot and the sooner this is remedied the better.

The real news here is not t... (Below threshold)
Locomotive Breath:

The real news here is not that she'd been all over town. Or that the town had been all over her. There's been a sworn deposition on file for months from her "driver" about her activities the weekend prior.

The real news is that Nifong went lab shopping and to all appearances conspired to have exculpatory evidence removed from the lab report and then resisted discovery and only did so under the order of a judge.

This "update" about DNA is ... (Below threshold)

This "update" about DNA is old news. It's just defense spin b/c they're scared. The defense is releasing this because the hearing is coming up on the 15th. It's another attempt to smear the victim. Judge Smith is NOT falling for defense BS. Annnny Way, the victim supporters are still standing with her. Nothing has changed!

Keep repeating to your delu... (Below threshold)
Locomotive Breath:

Keep repeating to your deluded self "Spin!" and "Nothing Has Changed". Go right ahead. We're enjoying laughing at you.

She who must not be named doesn't need the defense to smear her reputation. She's done a great job of that all by herself.

Justice58:"It's ju... (Below threshold)
Patriot's Game:


"It's just defense spin b/c they're scared."

I think they have every right to be scared. At least as much as the Browns and Goldmans had to be, over an Innocent Verdict with o.j.

"Loco"HaHaHaHaHa</... (Below threshold)



We know what the defense is doing. You're just a little behind or "slow" for that matter.The defense is delaying b/c they don't really want a trial. Look at all the motions they've filed, hoping Judge Smith will toss the case. It's NOT going to happen. A Spring trial is nearing.

You're the one that's slow.... (Below threshold)
Locomotive Breath:

You're the one that's slow. The defense has been urging the thing forward and Mike Nifong has been delaying discovery.

This recent release of information is a perfect example. Nifong knew all this in April - before the indictments and before the elections. It was his obligation - UNDER LAW - to release ALL those DNA results to the defense. Why do you think the court had to, just recently, compel Nifong to release the whole DNA report as a result of one of the motions filed by the defense? Same thing with cell phone records.

In fact, most of the defense motions you cite have been filed to get Nifong to do his job and release the evidence in his possession. Nifong's the one going around explaining the delays by spouting off about how this is not the only case in Durham.

Why is Nifong doing this? Because he's got no case and covering up that's why.

LocoYou're entitle... (Below threshold)


You're entitled to believe whatever you choose. The defense filed motions in order to get the public's attention by smearing the victim. The victim is NOT on trial here. I can hardly wait until trial so that you, Mitchell, wavemaker and etc can have egg smashed all over your face.
Let the trial begin!

"Belief" has nothing to do ... (Below threshold)
Locomotive Breath:

"Belief" has nothing to do with it.
At least not for me. For you belief is all there is 'cause you got nothing else.

From a May 18, 2006 article

We want a trial as fast as we can," said Kirk Osborn, the lead attorney for Duke sophomore Reade Seligmann. "This young kid wants to go to school in the fall and he can't until this is resolved."

District Attorney Mike Nifong said at the end of Thursday's brief hearing he intended to try all three players together. The prosecutor has said he doesn't expect any trial to begin before next year, and Superior Court Judge Ronald L. Stephens gave no indication he would put the lacrosse case on a fast track.

This case is not going to jump ahead of the line and be handled any differently," Stephens said.

Most of Thursday's hearing dealt with defense access to the accuser's cell phone.

In court Thursday, Osborn asked the judge if a defense expert can examine evidence from a cell phone that the alleged victim had the night of the incident. Osborn said the phone was found outside of the home used by some members of the lacrosse team and brought inside. Police later took the phone and it is currently in police custody.

Nifong said prosecutors are not interested in the contents of the phone, such as the last 10 numbers called, but Osborn said that's information the defense should be allowed to see.
An expected discussion about discovery was made moot before the hearing when Nifong provided the defense with a copy of his entire case file. Nifong said the file included 1,278 pages of evidence, two VHS tapes and a compact disc containing photos.

"The state is not aware of any additional material or information which may be exculpatory in nature with respect to the defendant," Nifong wrote in a court filing.
Nifong in May (that's seven months ago) claiming that he's got nothing else. He had the DNA evidence in APRIL. BWAHAHAHAHAHAHA! Mike cracks me up.

All Mike Nifong has to do is turn over what he's supposed to turn over. Every bit of it is damaging to his case. No wonder Nifong's delaying. Nifong's own evidence is being used to beat the crap out of him. With the exception of Seligman's ATM photos, etc. we don't even know what the defense has.

There will be a trial but not the one you think.

Geez LocoThat was ... (Below threshold)

Geez Loco

That was back in June. Old news baby! Mike Nifong did not use any form of trickery whatsoever. Defense spin again baby. It's what they do best.. spin BS.

No No... this full report came out in October and the defense released it now in time for the Dec. 15th hearing. I'm so sorry to burst your little bubble but there will be a trial of CF,DE, & RS. I've heard hard time is a b*tch. They earned it. You are only siding with them b/c they're rich white dukies. But give it a little while longer and we'll see who laughs last.

Er.. there's a hearing tomo... (Below threshold)
Locomotive Breath:

Er.. there's a hearing tomorrow. The judge could actually do his job and rule on some of the motions. Which is why lawyers make the motions BEFORE the hearing. It would be rather stupid to make the motions AFTER the hearing.

Read the quote again. The defense was begging for an immediate trial in MAY. The judge and Nifong said in May (06) that they had no intention of scheduling the case before spring (07). Tell me how the defense filing motions is a delaying tactic?

The DNA evidence from the Burlington Lab was showing what a slut she is was produced by the lab in APRIL. Before the election, before the indictments. You got that APRIL. Mike Nifong at first tried to NOT turn it over as being somehow not relevant. He only turned it over in OCTOBER because the judge made him after granting one of those defense motions you're complaigning about.

Mike Nifong said in court in May that he has no other disclosure and then it turns out there's a ton more disclosure. What's that called? Oh yeah, it's called lying to a judge.

There is no such thing as "old news" in a criminal case. There is only the accumulated evidence that you're a cheerleader for a crooked DA.

LocoThere are post... (Below threshold)


There are posts on different boards that the victim is pregnant & ready to deliver. That would possibly put conception around mid-march.

Ohhhhhh Noooooo.. was that during the time of the drunken lacrosse party!!?? Looks like a paternity test is in order. These kind of test... tell no fantastic lies. Unbelievable! If this is true.. Mike Nifong is going to be doing some whip @$$ in court. It could be the smackdown of the century.

LocoIt's true!!!</... (Below threshold)


It's true!!!

The victim in the duke lacrosse case has given birth... 9 months after the wild drunken lacrosse party. Like I said before...hmmmmmmmmmmmmmmmmm

Except for this little matt... (Below threshold)
Locomotive Breath:

Except for this little matter...

"After the party, she was taken to a local hospital to be examined.
A defense attorney tells WRAL that a test taken at the hospital showed that she was not pregnant at the time of the party and that she was given emergency contraception commonly referred to as the morning-after pill."

Before you claim that's defense "spin" that's standard for women claiming to have been raped. You also forgot the part where there WAS NO LAX PLAYER DNA ON HER IN HER OR ON HER CLOTHES. THERE WAS NONE OF HER DNA IN THE BATHROOM. When they DNA test for the paternity of the child and it's not a lax player are you going to claim it's meaningless?

She was so "upset" about her "rape" that she went out and got herself knocked up. How's it feel to be a cheerleader for a lying slut?

LocoLook: 9 months... (Below threshold)


Look: 9 months after the victim claims rape, she gives birth. What timing! Unbelievable!

But, don't fret yourself... Mike Nifong will order test and the judge will NOT toss this case tommorrow like some of you hope.

Now Now... are rape victims Not suppose to have sex? She is a young woman who has a healthy sexual appetite. Where is the crime in that??

Sometimes pregnancy tests do reveal a false report or either the morning after pill didn't work. Who knows? I can hardly wait until the hearing tommorrow....goodnight.

Looks like Mr. Nifong may b... (Below threshold)

Looks like Mr. Nifong may be in for some sex himself--in prison. I bet he's got some real "friends" in that joint.

This rape victim said she o... (Below threshold)

This rape victim said she only had sex with her boyfriend prior to the event.

The DNA report shows she had sex with at least 5.

I'd say you got another big credibility problem.

J58, what law school did you go to? University of Asshat?

MitchellWe all kno... (Below threshold)


We all know that's YOUR school of law!! Dumb @$$ wimp??

Mike Nifong is going to continue being DA and most likely will be REELECTED..... again!!

I just got back from today'... (Below threshold)
Locomotive Breath:

I just got back from today's hearing. That's why I'm so well informed. Mike Nifong says she is pregnant but has not given birth and is not expected until 1 February. Nifong says her pregnancy has no bearing on the lax case. Sorry to dash your hopes. The DNA expert says not one cell of defendant DNA was found on you know who.

Where did J58 slink off to?... (Below threshold)

Where did J58 slink off to?

The same place she'll be after this case is dismissed, or tried to acquital.

University of Asshat, Valedictorian.

I am curious as to what Jus... (Below threshold)

I am curious as to what Justice58 has to say about this little disclosure today.

The head of a private DNA laboratory said under oath today that he and District Attorney Mike Nifong agreed not to report DNA results favorable to Duke lacrosse players charged with rape.
Brian Meehan, director of DNA Security of Burlington, said his lab found DNA from unidentified men in the underwear, pubic hair and rectum of the woman who said she was gang-raped at a lacrosse party in March. Nurses at Duke Hospital collected the samples a few hours after the alleged assault. Meehan said the DNA did not come from Reade Seligmann, David Evans, or Collin Finnerty, who have been charged with rape and sexual assault in the case.

Meehan struggled to say why he didn't include the favorable evidence in a report dated May 12, almost a month after Seligmann and Finnerty had been indicted. He cited concerns about the privacy of the lacrosse players, his discussions at several meetings with Nifong, and the fact that he didn't know whose DNA it was.

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.

I can't believe the state A... (Below threshold)

I can't believe the state Attorney General has not put an end to this Nifong prosecutorial misconduct! Who on earth would send their kid to college at Duke? AS a man I see this as a breakdown in the rule of law, what law? These kids lives could be ruined!

Loco, Mitchell, Eric & all ... (Below threshold)

Loco, Mitchell, Eric & all your imps

The DA doesn't need DNA to prove kidnapping charges!!!...Oops...No No don't start crying like that. Be a man, be strong, I know you can do it. Feel better....good. I'm good like that. Just like I'm good at spotting a bunch of thugs trying to lie their way out of this s#%t. Let me remind you..NOTHING will happen to Mike Nifong. He is a seasoned prosecutor. There were no civil rights violated. The congressman knows very well that if the boys were black, he wouldn't look twice at this case. Don't hold your breath(that can't be good) about the AG getting involved in this case either b/c states can handle their own problems.

As for the lab results... Mike Nifong did not want to drag any other people that weren't charged in this case through the mud. What would be the purpose of that??? And besides... it was something we knew from the first beginning about the lack of DNA being linked to "some" players. JC informed us of that during his first dog and pony show.

Justice58, Nifong ha... (Below threshold)

Nifong has engaged in prosecutorial misconduct. And that is wrong, no matter who the defendent is.

"As for the lab results... Mike Nifong did not want to drag any other people that weren't charged in this case through the mud. What would be the purpose of that??? And besides... it was something we knew from the first beginning about the lack of DNA being linked to "some" players. JC informed us of that during his first dog and pony show."

North Carolina law requires that the prosecutor provide the defense with any and all information it has, ESPECIALLY exculpatory evidence. Under NC law since Nifong went to the lab to get the tests done he was required to provide ALL of the test results to the defense. These tests were additional detailed tests from the earlier DNA tests, and they confirmed that there was no defendent DNA.

Dragging other names through the mud has nothing to do with it. He doesn't have to release that information to the public. Nifong DOES have the legal obligation to release that information to the defense. He had the information in May, he did not give it to the defense until October after the judge ordered him to.

The presence of defendent DNA would be very damning to the defense and indicate guilt. Equally, the lack of defendent DNA impeaches the credibility of the AV since plenty of other DNA was there.

Remember the AV claimed that she had only had relations with her boyfriend a week earlier. She also claimed that at least one of the defendents had ejaculated inside of her. Yet evidence collected hours after the alleged rape cannot find any DNA of any of the LAX players, but does find DNA from 5 other people.

Since she was not exactly truthful about her other sexual partners, how can you be sure she is being truthful about the rape charges?

Other than her claim, what other evidence is there of a rape, what other evidence is there of kidnapping? The second stripper can't confirm it. There is no forensic evidence to confirm it. What other evidence is there? Please enlighten me. What makes you so absolutely sure that she was raped?

I'm willing to look at this objectively. In the beginning I thought the defendents were guilty and I had no sympathy for them. I had no problem with them getting the book if they were guilty. But, after looking at the evidence I have come to change my mind. So please, tell me what evidence is there of their guilt?

Looks like the injustice sy... (Below threshold)

Looks like the injustice system is doing it's job; distroying the lives of three more innocent people.

Those guys were convicted the minute she pointed her finger at them. Even if the case is tossed out of court, or a jury finds them not-guilty, their lives are ruined.

That charge will be on their record for the rest of their lives. Anytime they apply for a job where a criminal record check is required that charge with be stareing the potential employer right in the face. If you're the person doing the hiring and you see that on someone's record what would the outcome be? Emmmmm! "I'm sorry sir, that position has been filled by someone more qualified". No employer in their right mind is going to hire someone who has been charged with rape... ...weather conviced or not.

I hope they sue the Government and the accuser for deformation of character. Her picture should be posted on every light-pole in America. Hell, people like that should be shot. They use and abuse the law. They take a law that was designed to protect WOMEN and use it to distroy innocent people. Where are the laws that protect men?

It must be nice to have a vagina these days. All you have to do is say; "he hit me" and laugh as the cops drag the guy off to jail. This happens every day. I know this for a fact. My sister has done it to three guys because they pissed her off. It's a big joke, just like the system.

For those who are saying it... (Below threshold)

For those who are saying it is old news that the LAX players DNA wasn't there:

The news isn't that the LAX players DNA wasn't there, it was that other men's DNA was there.

The original report was equivalent to saying "the defendant's prints weren't on the murder weapon". While the DA and the lab techs hid the fact that "someone else's fingerprints _were_ on the murder weapon".

The first simply doesn't point to the defendant. The second points to someone other than the defendant.

Any DNA on the accuser is there either from consensual sex or rape. So, there are two posible meanings of the DNA of 5 extra guys.

1) Either she had consensual sex with five other guys, lied about having had sex with the guys whose DNA it was. Which hurts her credibility, and accounts for any signs that she had had sex.

Or 2) She was raped by the 5 guys whose DNA it is, and the guys who raped her were not LAX players.

Well, it could be some combination, sex with 2 guys that she lied about and raped by three non-LAX players.

Either way, sucks to be the Prosecutor and the Lab guy who conspired to cover up the exculpatory evidence.

So this cuts one of two ways.

I suppose it is a good out ... (Below threshold)

I suppose it is a good out for the liar, I mean accuser. Now she can claim that she really was raped, but made a mistake in the identification. Reasonable doubt in her criminal trial if anyone gets around to putting her on trial for falsely accusing these innocent men.

She probably doesn't have to worry about a civil trial. She has no money, no point in suing someone with no money. Though I suppose she might get dragged in when the accused LAX players sue Durham for the violation of their due process rights comitted by Nifong when he conspired to hide evidence favorable to them.

So, the truth is finally co... (Below threshold)

So, the truth is finally coming out? District Attorney Mike Nifong essentially "wrote" the DNA report so that exculpatory evidence would remain hidden.

The more I read about this case and the Duhram Sun-Herald's coverage of it, the more it becomes apparent that, at end, the editors and Nifong will be the only ones caught with their pants down.

The Durham Sun-Herald lost it's poise and your journalistic credibility when you joined the wrongheaded hew and cry and became cheerleaders for Nifong's idiotic handling of this case. Nifong used this sorry situation for his political advantage and you are complicit.

Nifong should be ashamed to show his face in public.

The Durham Sun-Herald's punishment will be the fact you'll have to print a continuing series of stories on just how your editors, and your friend, Nifong, got it wrong, wrong, wrong.

Mike McNew
Marina, Calif.

So there you are Justice58!... (Below threshold)
Betty Friedan:

So there you are Justice58! Back from the hospital so soon?

Congratulations on the baby. I've been seeing that your pregnancy has made national news. So did the fact that you were just loaded with DNA from multiple men, but non from any of the boys on the Duke lacrosse team or your boyfriend.

Are you going to get your friend DA Mike Nifong to test the entire Duke and NCCU Football teams to find out who's the father?

J-58--Rape charges... (Below threshold)


Rape charges dropped
WHat do you have to say now? Your beloved Nifong admitted to lying and covering up evidence that was exculpatory. He admitted that he and Meehan planned to hide the expulpatory evidence BEFORE INDICTMENTS. Nifong pandered to the black community and you took the bait hook line and sinker. For months, you claimed this woman was avictim of rape, that she was telling the truth, the 3 boys were thugs with no morals, and that Nifong would prove that they raped this girl ten fold. You supported a woman who lied about a rape. You supported a woman who ruined the lives of tons of people, not just the duke 3, but the entire duke team, the couch, and members of the duke community. You supported racism. You supported lies. You supported a woman who would lie about being raped in order to avoid being put in detox. You supported a liar slut with no concern for anyone else. You supported an out of control DA who lied to the citizens who voted him in and was the worst example of prosecutorial musconduct in years. You supported a woman who makes black people look retarded now. You supported a woman who made black people look like raving racists.

Who has egg on their face now b*tch?

The nation sees Durham as "... (Below threshold)
me again:

The nation sees Durham as "bumbling idiots and shoddy bureaucrats", and DA Mike Nifong as well as members of your community who elected him into office have effectively proven it to be true. It's nice to take time out of our busy lives to give thanks that we don't live in Durham because Durham, to the rest of the nation, is a train wreck. Basically we're in awe to wonder how far stupid will go, and apparently stupid goes far in Durham.

she had 5 guys DNA on her o... (Below threshold)

she had 5 guys DNA on her or in her. Thats one nasty skank

she must have just come fro... (Below threshold)

she must have just come from a circle jerk

Funny that J58 suddenly sto... (Below threshold)

Funny that J58 suddenly stopped posting...running with her tail between her legs.

I love how incredibly misinformed she was. She was fun, I kind of wish she'd come back and post just so we'd all have someone to post against.

My favorite line of hers was "And don't let the door hit ya where the good lord split ya".

She knows way advanced legal jargen.

Merry Christmas all.






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