- Adam: "white male, short, red cheeks fluffy hair chubby face, brn"
- Matt: "Heavy set short haircut 260-270"
- Brett: "Chubby”
“There is probable cause to believe that an offense punishable as a felony or a Class A1 misdemeanor has been committed and reasonable grounds to suspect that the person named or described above committed the offense. The results of the requested non-testimonial identification procedures will be of material aid in determining whether this person committed the offense…The DNA evidence requested will immediately rule out any innocent persons and show conclusive evidence as to who the suspect(s) are in the alleged violent attack upon this victim.” Osborn Motion to Suppress Photos
"Under North Carolina law, the only felony more serious than that is first-degree murder," Nifong told ESPN's George Smith. "These crimes are actually punishable at a higher level than second-degree murder." Yet Nifong added,"If the only thing that we ever have in this case is DNA, then we wouldn't have a case" ESPN
Durham District Attorney Mike Nifong said Wednesday, March 29, that even if DNA results, which are expected as early as next week, do not match team members, no one is necessarily exonerated. N&O"The attackers could have used condoms or might not have been team members," Nifong said."How does DNA exonerate you? It's either a match or there's not a match...If the only thing that we ever have in this case is DNA, then we wouldn't have a case” N&O
ABRAMS: Right. Because that's what I was going to ask you. So the bottom line is if there is no DNA match in this case, you're saying that is not going to be the death nail for your case?NIFONG: Well, you have to remember that DNA is a relative latecomer to the forensic scene. There have been many successful rape prosecutions involving nothing more than the statement by the victim that she was raped by a particular individual.ABRAMS: Yes.NIFONG: Obviously, we would always prefer to have forensic corroboration for the victim's statement, but the fact is that we have enough to go forward any time that the victim identifies a particular person as the perpetrator of a sex crime against her.
- At least two of the three accuser’s descriptions of the imaginary suspects were contrary to the physical appearance of any lacrosse player
- The accuser failed to identify her alleged assailants through the course of two photo lineup attempts consisting of six photo arrays totaling thirty-six pictures, including photographs of two of men who would eventually be charged
- The accuser expressly stated that she was unable to offer further description of suspects
- The accuser stated that the identification was harder than she thought it would be, since they all looked the same
- The accuser’s descriptions were so vague and misleading that it was deemed necessary to obtain a DNA sample from every white member of the team to seek identification.
It appears obvious that on March 31st, DA Nifong was saying that he wouldn’t need corroborating DNA evidence if the accuser made an ID, despite knowing full well that at that point in time the accuser was not able to make an ID, nor to offer specific descriptions. It also appears obvious that what necessitated the expression of confidence in the accuser’s identification was the failure of the hoped for DNA identification.
It is important to consider not only what necessitated this flip flop on the value of DNA testing as means of identification, but also what may have been the basis for the confidence that the accuser would soon make an identification despite previous failures. Was Nifong’s bluff completely blind, or was it merely a partial bluff based on some probability of success?
To answer this question, consider that this interview with Abrams came only hours after Mr. Nifong met with Durham’s PD Investigators Himan and Gottlieb and instructed them to conduct a third photo ID session in a manner that clearly violated both Durham PD’s own written procedural policy, as well as the NC Supreme Court’s approved recommendations of the NC Actual Innocence Commission.
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