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Audacity of Truth
Duke lacrosse defense team: DNA from OTHER men found on alleged “rape victim”
I’ve had several readers email me the link to this story this evening:
RALEIGH, N.C. (AP) – DNA testing 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, defense attorneys said in court papers Wednesday.
The papers were filed by attorneys for the three lacrosse players charged, Reade Seligmann, Collin Finnerty and David Evans. They complained that the information about DNA from other men was not disclosed in a report prosecutors provided earlier this year to the defense.
The testing was conducted at a private laboratory for the prosecution.
“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 defense said.
The case against the three Duke lacrosse players accused of raping a stripper continues to unravel.
La Shawn Barber has been on top of this story from the word go and blogged earlier today about how Rep. Walter Jones (R-NC) has asked the DOJ to investigate Durham DA Mike Nifong for possibly violating the civil rights of the three accused Duke Lacrosse players. Read more about that here.
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Had politics written all over it from the first reports. The MSM did a good job again, of being stuck on stupid.
From what I have heard on the latest non-evidence against these young men nifong should be forced to drop this case. NO DNA …. can you say RAILROADED. !!!!
One wonders just how bad “professional conduct” has to be before a district attorney can be held personally responsible for his actions in his public capacity.
This case has been so widely discussed, without the rules of evidence being applied and certainly not in a court of law, that none of us really knows the truth. But if the published reports are anywhere close to accurate, this case should have been dismissed many months ago.
The law is clear: if the prosecution really did have DNA evidence which stated that there was no genetic material present from any of the accused or any team member period, and withheld such information from the defense, the prosecution has violated the law.
At least from the published reports, this case reeks of prosecutorial misconduct. Exculpatory evidence was withheld, and the accused were harmed publicly (in their reputations) and financially (in that they have huge attorney fees.)
I certainly believe it’s time for the DOJ to look into this matter, although I have no idea if it’s possible for them to do so at this time, since this is a state, not a federal, matter.
I think the best thing that could happen would be for the case to go to trial, after which the jury would deliberate for 15 minutes before returning a “not guilty” verdict.