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Comments by YACCS
Tuesday, April 11, 2006

No DNA.....she has to be lying, right?


My clients left no sperm, so she's lying

Attorneys: No DNA Match in Duke Scandal

By TIM WHITMIRE, Associated Press Writer 1 hour, 45 minutes ago

DURHAM, N.C. - DNA testing failed to connect any members of the Duke University lacrosse team to the alleged rape of a stripper, attorneys for the athletes said Monday.

Citing DNA test results delivered by the state crime lab to police and prosecutors a few hours earlier, the attorneys said the test results prove their clients did not sexually assault and beat a stripper hired to perform at a March 13 team party.

No charges have been filed in the case.

"There is no DNA evidence that shows she was touched by any of these boys," said attorney Joe Cheshire, who represents one of the team's captains.

The alleged victim, a 27-year-old student at a nearby college, told police she and another woman were hired to dance at the party. The woman told police that three men at the party dragged her into a bathroom, choked her, raped her and sodomized her.

The Associated Press does not name alleged victims in sexual assault cases.

The allegations have led to the resignation of coach Mike Pressler, the cancellation of the lacrosse season and the suspension of one player from school.

The case also led to days of protests on and off the Duke campus, and some of the players have moved for safety reasons.

According to court documents, only lacrosse team members were at the party. Authorities ordered 46 of the 47 players on Duke's lacrosse team to submit DNA samples to investigators, who compared them with evidence collected from the woman.

Because the woman said her attackers were white, the team's sole black player was not tested. It was not known whether investigators tested for DNA other than the players'.

...................................

While Nifong's assistant told the AP on Monday the prosecutor would not comment on the findings, Nifong told The News & Observer of Raleigh he believes a sexual assault took place.

"I'm not saying it's over," he told the newspaper. "If that's what they expect, they will be sadly disappointed."

North Carolina Central University, where the alleged victim is a student, said after the results were released that the prosecutor would appear at a campus forum on Tuesday to discuss the case.

"The truth is if you speak to crime lab directors, they will tell you that in only a relatively small number of cases is there any DNA evidence," said Peter Neufeld, co-founder of the Innocence Project.

..................................


I once dated a woman studying forsenic science. She hated CSI with a passion.

Why? Because she hated the way they simplified cases.

Well, I get the feeling that the DA was expecting a lack of DNA. It's not that common. The Immette St. Guillen case in New York lacks semen as well. It doesn't lessen the sexual torture and murder she suffered.

And I still don't get how pictures of a beaten stripper does your clients a favor.

What people have posted here, about the lack of chracter of strippers, even if it was overdone, I can tell you from my field reporting days, you check dubious people hard. I don't care how much DNA they have, the woman was a stripper and making this case with the science alone wasn't going to happen. They would have neat college kids and a single mom stripper.

We're all CSI trained to expect scientist cops to arrest the suspects and do work in space age labs. Well, that's what my friend hated. It bore zero resemblence to reality. And I forgot that.

I think women understand exactly how high the hurdle this woman faced in making a case to the DA. The assumption was that as a sex worker, she is a shady person, maybe a drug user and unreliable. Prone to exaguration and lying. In short, someone inclined to lie about rape and many other things. Maybe if she was a Duke student, a cheerleader, pretty and blonde, a lie might gain some traction, but a black single mom stripper? And she left $400 behind?

All she had to do was go to the cops if they didn't give the money back, or report it to the school. Anyone who works that hard for money, with a kid, isn't leaving $400 behind under any but the most dire circumstances.

It's not like she strolled in the PD with a lawyer, this happened in a hospital.

Also, the team would have had every reason to come forward and say "this woman wasn't touched in our house and we have x number of witnesses" They would have not gone conspiratorial. Girlfriends would have sworn these were good guys. The coach would have defended them and not been fired by the school. And his "resignation" was face saving. His days at Duke were numbered once this broke.

Keep in mind, the DA would have liked DNA evidence, which would have been serious leverage, but he had to have a much stronger case than that. Because this woman's life will be fodder for the defense. They will find her baby's daddy, former clients, neighbors.

We talked about the OC rape case, well, that's what is coming her and the DA's way. The parents are desperate beyond words for this to end. Their kids futures are on the line. I like to joke that no one is sending the Duke Class of 2007 to Iraq. Well, they certainly will spend every last dime to keep them out of a North Carolina prison where they would be targets for the prison gangs.

The parents desperation here, to save their smart, well-groomed children, will make this case very, no extremely ugly. The DA knows the united front is going to end and people will turn on each other to save their own asses and has a very good idea, which he isn't sharing, of who he's looking at.

The one thing I believe is that if the DA didn't have a case, he would not play games, the racial issues are too serious. He would meet with black officials and tell them straight up. Their silence is telling as well. If they thought this was over, they would be screaming. This cuts too close to the bone for too many black people and plays into too much history.

posted by Steve @ 12:49:00 AM

12:49:00 AM

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