Wednesday, December 13, 2006

How Does DNA Exonerate You?

With the latest bombshell to hit the Hoax, the News & Observer reports on today's defense motion.

"A private laboratory hired by the prosecution in the Duke lacrosse case failed to report that it found DNA from multiple males in the accuser's body and underwear, according to a defense motion filed today.

"The lab, DNA Security of Burlington, found that the DNA did not match the three defendants, their lacrosse teammates or anyone else who submitted their DNA to police, including the accuser's boyfriend.

"The new evidence emerged in thousands of documents handed over to the defense in October.

"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," said the motion, which was signed by lawyers for all three defendants.

"There is not a single mention of this obviously exculpatory evidence in the final DNA Security report." more

14 comments:

Anonymous said...

could this all be over this Friday?

Anonymous said...

go to www.wral.com to find a copy of the 17 page motion by the defense.

Anonymous said...

The already rich material for cross examination of this woman just got richer.

"Ms. M, the lab report shows there was semen present in the swabs taken of your rectum which did not match any of these defendants. When you took it up the ass in the days before the party, did your lover or client use a condom?"

If this goes to trial (which I very much doubt) I hope they televise it.

Anonymous said...

All local media, the AP, Fox, and other cable outlets, and all of the blogs are all over this story and....
the Herald Sun is asleep again!!! Nothing on their site at all.

bill anderson said...

I hope that all of you understand the implications here. Someone in the DA's office, the Durham police, or the lab DELIBERATELY withheld this information. They were trying to hide it, people, and that is criminal conspiracy. This IS the opening for the feds, believe me.

The interesting story to me is how the defense got the word that these test reports existed. After all, Nifong already had told them that they were not there. Did Nifong slip in the documents later, hoping that no one would see them, or did a source tip off the defense to let them know that these documents were in existence.

Again, we are dealing with Obstruction of Justice, and Criminal Conspiracy. There are real live charges for which people go to prison. Whether or not Mr. Nifong will see the inside of a cell, I do not know. However, we have witnessed a crime being committed, and it was not rape and kidnapping.

Anonymous said...

Bill-
I don't know how they do things in NC (except what I've seen in this case, which I hope is an aberration), but in my jurisdiction it is standard practice to request any expert's entire file during discovery. We never just rely on the expert's final report. What amazes me in this case is that Nifong actually had the lab object to the defense request for their entire file. It appears he actually expected to get away with disclosing only the sanitized final report. Makes me wonder if he's done the same thing in the past. Can you imagine how this case might have turned out if these defendants had been represented by less diligent attorneys? Scary to think about.

bill anderson said...

Nifong's problem is that he has done this in a very, very public setting. There is no place to hide, and I can assure you that Meehan will not volunteer to take the hit here.

As I said before, we are now dealing with criminal obstruction of justice and conspiracy. That is the only interpretation here. Nifong cannot say it was an oversight, and the defense knows it.

Believe me, there is going to be serious heat. Now, if the State of North Carolina continues to insist that there be a trial, God help all of them.

Victim in Massachusetts said...

my night can't get any better than this. Way to go now let the feds in.

Anonymous said...

There is some talk the accuser is pregnant & soon to deliver!

bill anderson said...

One important development here is that this disclosure gives authorities a "hook" by which to justify their own intervention. Now, we had the fraudulent Gottlieb report, but this is much worse.

Also, as K.C. Johnson has noted, Nifong made two trips to Burlington to discuss the tests with Meehan. Thus, there exist the issues of fraud, conspiracy, and obstruction of justice.

Someone elsewhere wondered if these were state or federal charges. Believe me, the feds will not have any problem shaping charges against Nifong, if they so desire. What investigators would do, however, is to first go after Meehan, and then work up the chain to Nifong.

I'd tell Nifong that he had better get himself a good lawyer, but since Nifong already has declared that only guilty people hire lawyers, the hiring of a lawyer in his case would be admission of guilt. Also, Nifong has declared himself to be a Great Lawyer, so he can represent himself.

I cannot underestimate the importance of what the defense has done today. Had someone not been persistent, this fraud would have continued. Now, my fervent hope is that the judge do his duty, take this case out back, and shoot it down like the dead dog it is.

Anonymous said...

My prayers are with the Duke players, their families, and their supporters.
May Nifong, his family, and those involved with this travesty of prosecution all rot in hell!

I applause the Duke Three and their families for their continued dignity!

Anonymous said...

how does this "prove" there was no rape? we already knew this when the report first came in that there was no dna linking her to the players so how does it matter if it is one boyfriend or several on the updated report? you can try to exaggerate and make this like it is a conspiracy but the fact of the matter is this dna evidence was given when it was available in the oct evidence dump and the motion is coming out now in time for the hearing and is just another pr attempt by the defense to smear the victim and make her look bad. if the dna was so recent as they allege, why did it not show up on the state lab's report? the reason it did not is that it is old not fresh like the defense is implying.

Anonymous said...

Not fresh???? Are you nuts? They found stains in her undies with several sources. I don't know how often you go between washing your drawers but how long do you think she was walking around in those cesspool panties and how old do you suspect those stains are?

Anonymous said...

the sbi did not find these. even her boyfriends was only found on the second round of tests. you are just falling for the defense spin.