OK, just as I was thinking that there was a case, because of a leak from within Durham District Attorney Mike Nifong’s office regarding DNA. It turns out that “leak” withheld some information, that totally flushes this entire case down the drain! We know that there was a partial DNA match found on a fake fingernail, from the trash at the home of some of the Duke lacrosse players. Coming from a trashcan we know that fake fingernail is contaminated evidence. So it does not go very far in court. We also heard a “White person’s” pubic hair was found on the stripper, but given we know she did spend some time in their bathroom and she is a stripper, it is possible that a hair transferred. Also there is no root on the hair to do DNA testing with. Despite this, I was starting to think maybe there is a case, given the hospital report combined with this other information. But it turns out the stripper accuser had genetic material in her vagina from a man not related to this case.
DNA ID’d: It didn’t come from Duke player
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Keep in mind Mr. Cheshire is a defense attorney representing one of the players who has not been accused. But look at the facts given to him by private lab test results ordered by DA Mike Nifong. They found material inside this woman from another man!!! (Maybe semen, but something obviously “mannish” in nature.) They did not mention any material consistent with a condom. The DA’s office never took any broomsticks from the lacrosse player’s home, so obviously they did not feel anything would be found on one. And the fingernail with a partial DNA match was given to the police by the players after they had put it in the trash themselves when cleaning up after the party. They knew there was a rape accusation when they provided the fake fingernails to police. These guys have nothing to hide. The DNA match is only partial and we don’t even know “how partial”. The pubic hair could have flown on the naked stripper from anywhere at anytime. She even came into their house only partially clothed.
This case is just dead!
…
Cheshire acknowledged that the new test report “does show that there was DNA material from multiple different people on one plastic fingernail, and that in that material was some of the same characteristics as the genetic material taken from some of the Duke lacrosse players.”The fingernail DNA finding was first reported in The Herald-Sun on Thursday.
Cheshire emphasized that it was not a “conclusive” match.
“We have DNA for the purpose of drawing conclusions and absolutes,” Cheshire said. “There is no certainty in these reports.”
Nevertheless, because the artificial nail was recovered from a bathroom trashcan, DNA from the residents was likely to be found on it, Cheshire said. It would have been noteworthy if no DNA from any of the residents had been found on the nail, he said.
Cheshire said the nail was placed in the trashcan by residents of the house at 610 N. Buchanan Blvd. when they cleaned up after the now-infamous lacrosse party the night of March 13-14.
The lawyer said the residents gave the plastic fingernail to police despite being told in advance by officials at Duke University that “there were accusations of a rape in the house and the police may be coming by to talk with them.” He added, “Is that consistent with someone who knowingly committed a rape?”
…
They know who the material inside of the stripper accuser belongs to.
…
Cheshire said the name of the man whose genetic material was found in the woman’s vagina is known to both defense attorneys and the police. He declined to identify him, saying there was no need for him to be “dragged through the mud.”The lawyer did say, however, that the man had not attended the lacrosse party.
He added that there “was no other male source” of genetic material taken from the woman’s body.
The swab “excludes anybody who could have been or was at that party, including Duke University students.”
Another lawyer, Wade Smith, said the new DNA report determined that the material taken from the fingernail was not consistent with the DNA of either of the two lacrosse players now under indictment, Reade Seligmann and Collin Finnerty. Smith and lawyer Bill Cotter are representing Finnerty.
“Thank you, Mr. Nifong, for making sure Collin Finnerty had absolutely no contact with this woman on the night in question,” Smith said.
Cheshire added that he doesn’t think Nifong can argue that the accuser was raped by men who wore condoms or who used inanimate objects. The accuser and another exotic dancer hired to perform at the party, Kim Roberts, have said one of the players brandished a broomstick.
He contended that condoms would have left trace evidence, and noted that police haven’t seized a broomstick or some other object that could have been used in an attack.
Cheshire also criticized Nifong’s office for what he alleged was its leak of the second DNA report, and said defense attorneys know the source of the leak.
…
I continually tried to consider that maybe the stripper accuser was raped and that is why I felt there might still be a case when some shaky evidence was found. But now this case is nothing more than a circus that needs to be brought to an end.
Maybe my previous speculation is correct?
…
Honestly, I think this stripper who worked for an ?escort service? probably met a ?john? before the party with the lacrosse players. That?s where she probably got injuries consistent with rape. Because so far, nothing in this case shows that the Duke lacrosse players raped her. That?s just my speculation on the matter.
…
However it got there, it didn’t come from any of the Duke lacrosse players.
At this point, even if evidence of a “date rape” drug was found, it does not change a thing. Because this woman has had more “tenants” than a motel and nothing shows conclusively that a Duke lacrosse player was ever one of those “tenants”.
update 5/13/2006 6:46PM: La Shawn Barber has links to reports that say the “tenant” found to have “checked into the motel” is supposedly the stripper accuser’s boyfriend. With this accuser everything she’s said has been suspect, so I wonder what qualifies someone as a “boyfriend”?… The only thing we do know is that he does not play lacrosse at Duke University, because none of them was ever found to have been a “tenant at the motel”. His actual name is still being withheld. Given the accused are supposed to be viewed as “innocent until proven guilty”, it would only make sense for any rule/law/custom involving withholding names to extend to the accused also.
I don’t think a partial match from a trashcan makes a case. Now that we know she’s been having sex with her “boyfriend”. Any scars inside of her could have been made by him. If they’ve found traces of a “date rape drug” we’ve still not found proof beyond a reasonable doubt that the accused actually raped her. The only thing her “boyfriend” has done is to create reasonable doubt, regarding the hospital findings of a rape.
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May 13th, 2006 at 5:25 pm
“He declined to identify him, saying there was no need for him to be “dragged through the mud.””
Well God forbid this poor man’s name be dragged through the mud. Too bad the lacrosse players didn’t get the same treatment.
May 14th, 2006 at 12:59 am
Accuser in the Duke Lacrosse Rape Case May Have Had Fresh Male Genetic Material
It seems her “boyfriend” left some fresh genetic material in her.
Nifong could seek third indictment
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Attorneys declined to name the man who apparently had sex with the woman or to release the full DNA report.
Meanwhile, se…
May 15th, 2006 at 1:20 pm
With the taste of his own foot still lingering in his mouth, District Attorney Mike Nifong has another piece of evidence blow up in his face, I wonder how’s his ulcer is doing?
So would it be his own aura or is it the universe’s way of getting back at Nifong for destroying these young boys lives?
It would be funny if Nifong’s ulcer leads to a colonoscopy, or would it be “ironic” or “poetic justice” that he screws 47 boys over a false rape claim and have to take a 36 inch colonoscopy tube up his @ss for his part in the fiasco he created.
They are innocent! The drunken black stripper with the long criminal record and history of making false accusations…lied.
• Stripper made a false claim of rape by three boys in 1996.
• Stripper made a false claim of kidnapping in 1998
• Stripper charged with larceny, auto theft, and trying to kill a police officer in 2002
• 1st round of DNA shows no link to the lacrosse team.
• 2nd round of DNA shows no link to the lacrosse team
• DNA proves stripper had sex with boyfriend/pimp which accounts for the “rape kit” evidence of recent sexual activity.
• Innocent boy who picked up finger nail and threw it in the trash left his DNA on the fake press-on nail and will be charged for rape.
The stripper’s account of the night has serious integrity issues:
1) First she claimed 20 boys raped her, then she narrowed it down to 3 in a bathroom
a. The bathroom is absolutely and completely devoid of any evidence of a rape. Where is her DNA? Urine, blood, vaginal fluid, saliva, or tears?
b. Many people’s DNA were found under her nails but none from the innocent lacrosse boys.
c. She lied about losing her fake finger nails in a desperate struggle in the small enclosed bathroom, but pictures show that she removed her nails before inadequately performing her routine. No scratches were found on any of the innocent lacrosse boys’ bodies.
d. The 2 innocent boys she “eeny meeny miney moed” to be her rapists weren’t even at the party the time she claimed the rape occurred. She claims that she’s 100% sure, but she told her father that she’s not sure.
e. She took drugs before coming to the house, something illegal.
The stripper obviously lied, and she’s putting these innocent boys and families through hell. She deserves to be in prison for the rest of her pathetic life. She is worthless as a person and human being. Her one lie destroyed innocent boys. I hope her and Nifong’s aura catches up to them and they both get what they deserve. I hope everyone wishing this rape claim to be true, in spite of all the evidence that it never occurred, gets what’s coming to them.
May 16th, 2006 at 3:05 pm
Duke Lacrosse Captain David Evans Charged With Rape. No Mustache and DNA Consistent with Two Players.
Durham District Attorney Mike Nifong has given David Evans a pretty sick graduation present. An indictment for rape! But the stripper accuser said he had a mustache, which he’s never had. No mustache has been found. Also the stripper’…
May 18th, 2006 at 12:16 am
I Wonder if Jesse Jackson Gets a Referral Fee?
The parents of the accuser in the Duke lacrosse rape case have been talking with high powered civil lawsuit attorney Willie Gary. At the suggestion of none other than Jesse Jackson!
Accuser’s Mother Meets With Famed Attorney
Civil-rights l…
May 19th, 2006 at 12:50 am
Lawyers are waiting in the shadows for lucrative civil suit
A man stands in the shadows of the Duke Lacrosse ‘rape’ case…watching and waiting. While the three wealthy, white male students remains in criminal court, he is not likely to step forward.
Even at this early stage, the stripper’s mother is “very much interested” in “getting Willie E. Gary is a litigator renowned for winning huge settlements.
The stripper’s parents met with Gary in April. The meeting was facilitated by civil rights activist Rev. Jesse Jackson.
Gary acts as a family adviser, and the parents are laying groundwork to make a civil bid. Public opinion can be a large bargaining chip in obtaining a lucrative settlement. Earlier, the parents spoke freely; now they’re being more media savvy.
Essence Magazine featured three articles by Kristal Brent Zook. Each is sympathetic to the accuser. (1st) “Family Defends Daughter’s Painful Past”, (2nd) “Nowhere to Turn,” depicts the accuser as living in terror. (3rd) is basically an announcement of Willie Gary’s appearance in the case; it concludes by stating that the parents “worry that their daughter may…need additional legal guidance.”
Civil law deals in torts or harms inflicted by one person upon another; its purposes are compensation for actual or perceived damages.
A “guilty” verdict in criminal court can be used to establish liability in a civil one but if the verdict is “not guilty” or the charges are dropped, a civil case can proceed independently.
Kobe Bryant settled out-of-court settlement. Such settlements are not necessarily admissions of guilt. After months of media blitz, Bryant may have been embarrassed to settle, so civil suits could be lucrative even if the “accuser’s” claim is completely fabricated. The Duke students will face the same choice?
Civil suits can be lucrative, and they’re easier to win; standards of evidence and other legal protections enjoyed by a defendant are significantly lowered in civil court.
Clearly, her parents wish to explore a civil proceeding. Gary is conspicuously available.
May 19th, 2006 at 10:26 am
No need to post the exact same comment in various posts. Once it is in one, please don’t copy it to others, thank you.
May 22nd, 2006 at 10:07 pm
Comparing LAX case to that of Scottsboro Nine
I am a college instructor who teaches criminal justice and a criminal defense attorney. In my entire career I have never seen such a bizarre and unfair case as the one against three Duke lacrosse players.
I teach a class about a similar case in American history, the Scottsboro Nine. In March 1931, a group of nine black teen-agers was charged with rape on incredibly flimsy evidence in Scottsboro, Ala. The nine were originally charged with the rape of two white women. Even after one woman testified that she lied about the rape, the nine teens continued to face rape charges and the threat of death by execution.
In the Scottsboro case, the two women were part-time prostitutes, but that didn’t matter, nor did it matter that at least one of the boys was known to be physically unable to have sex, and two of the boys were only 13. Like Durham, the real issue was race.
In Scottsboro, nine young men were wrongly charged and condemned because they were black, and today the Duke lacrosse players have, in my opinion, been wrongly charged and condemned because they are white and the alleged victim is black.
The one constant with respect to the two cases is racism. I often ask my students if it possible for blacks to discriminate against whites in the same type of mindless ignorance as the KKK or the way the mob went after the Scottsboro Nine. The answer I receive is yes, and my students point to Durham as proof.
JOSEPH R. GUTHEINZ JR
Houston
May 20, 2006
May 23rd, 2006 at 12:47 am
I totally agree with that. One would think that given the historical factors that Blacks would be sensitive to these issues and not want to make the same mistakes. Some of us do and too many of us don’t.
See: http://www.independentconservative.com/2006/04/25/duke_justice/