"Medical records and interviews that were obtained by a subpoena revealed the victim had signs, symptoms, and injuries consistent with being raped and sexually assaulted vaginally and anally. Furthermore, the SANE nurse stated the injuries and her behavior were consistent with a traumatic experience"
ATTACHMENT FOR APPLICATION FOR NONTESTIMONIAL IDENTIFICATION ORDER IVFacts That Establish Reasonable Grounds."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" Motion to Suppress
“Since penetration of the vagina by a penis is one of the elements of this offense that the State must prove beyond a reasonable doubt, and since there is no scientific or other evidence independent of the victim’s testimony that would corroborate specifically penetration by a penis, the State is unable to meet its burden of proof with respect to this offense” N&O
“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”
"On March 28, 2006, Agent Winn examined the vaginal swabs and smears, oral swabs and smears, rectal swabs and smears, and panties from the rape kit, none of which showed the presence of semen, blood, or saliva. She did not forward any of those items to the DNA Section for further testings. She did, however, forward the swabs containing the DNA reference samples from the lacrosse players." DNA Motion
"On April 5, 2006, the Durham County District Attorney's Office sought and obtained an order from Judge Ronald Stephens to allow it. In doing so, the State informed the Court:
“Tests conducted by the S.B.I. laboratory failed to reveal the presence of semen on swabs from the rape kit or the victim's underwear. In cases without semen present, it is sometimes possible to extract useful DNA samples for comparison purposes using a technique known as Y STR. This technique isolates cells containing a Y chromosome from the entire sample, which must have been contributed by a male person. The S.B.I. laboratory is not equipped to conduct Y STR DNA analysis. DNA Security is a private laboratory in Burlington, North Carolina that can conduct Y STR DNA analysis and has agreed to undertake this analysis in an expedited manner.”
"On April 8, 9, and 10, 2006, DNA Security analyzed the DNA profiles extracted from the cheek scrapings, oral swabs, vaginal swabs, rectal swabs, and panties from the rape kit items taken from the accuser at Duke Hospital in the early morning hours of March 14. While DNA Security's final report would not reflect the findings from that analysis, underlying documents provided to the Defendants on October 27, 2006, reflect that DNA from multiple male Sources was discovered on the rectal swabs and panties from the rape kit It was all compared to the known reference samples from the lacrosse players; and none of it matched any of the players."
"Thus, by April 10, 2006, DNA Security analysts had apparently discovered multiple male source DNA on the rectal swabs and panties from the rape kit; had compared it to the lacrosse players' DNA; and had concluded that none of it matched the lacrosse players, including the Defendants. However, none of those findings would be included In DNA Security's final report."
"I believe a sexual assault took place. I'm not saying it's over. If that's what they expect, they will be sadly disappointed." FOX News
Thus, by April 20, 2006, DNA Security analysts had discovered DNA from multiple male sources on the rectal swabs, pubic hair combing, and panties from the rape kit; had compared it to the lacrosse players' DNA; and had concluded that none of It matched the lacrosse players, including the Defendants. They had also apparently discovered possible contamination in the testing of at least one item in this case. However, none of those findings would be induced in DNA Security's final report.