2008 Woodie Awards
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Lab findings reveal DNA from multiple sources, no players
By: Staff Reports
Issue date: 12/11/06 Section: News
Last update: 1/3/07 at 5:22 PM EST
Last update: 1/3/07 at 5:22 PM EST
Investigators found DNA from several male sources in the body and underwear of the alleged victim in the ongoing lacrosse rape case. None of the samples matched those from members of the 2005-2006 men's lacrosse team, according to papers filed by defense attorneys Wednesday.
Defense lawyers said the new information, found by a private laboratory hired by the prosecution, was not disclosed until October--several months after the initial DNA reports came out.
"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," defense lawyers for the three indicted players wrote in the motion.
Joseph Cheshire, one of the defense attorneys who filed the motion, told the Associated Press that the evidence suggests the alleged victim had sex prior to the lacrosse team party at which the alleged rape took place.
Defense attorneys were not immediately available for comment.
David Evans, Trinity '06, Collin Finnerty and Reade Seligmann were charged with rape, kidnapping and sexual offense. All three have said they are innocent of the charges, and the trial is expected to start in the spring.
Defense attorneys added in the motion that results from tests performed on other seized items, including some from the rape kit, were not included in the final report given to defense lawyers by the State. The defense wrote that of dozens of items tested, they were originally given analyses of only three.
The tests revealing the presence of DNA material of several men on the accuser's body and possessions were only found after defense attorneys examined thousands of pages of reports released by DNA Security, a private laboratory in Burlington.
"Indeed, had Defendants not undertaken an exhaustive examination of the underlying materials, which DNA Security objected to providing, this evidence would have remained unidentified in the mass of documentation underlying DNA Security's work in this case," defense lawyers wrote in the motion.
The motion, which requests the court to order DNA Security to provide all missing reports regarding the lacrosse case to the defense, will be on the agenda for Friday's hearing along with another motion filed Thursday to suppress results from the police identification process used to select the three indicted players.
Discuss the lacrosse case on The Chronicle's message board.
Check www.dukechronicle.com for continuing updates. The Associated Press contributed to this story.
Defense lawyers said the new information, found by a private laboratory hired by the prosecution, was not disclosed until October--several months after the initial DNA reports came out.
"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," defense lawyers for the three indicted players wrote in the motion.
Joseph Cheshire, one of the defense attorneys who filed the motion, told the Associated Press that the evidence suggests the alleged victim had sex prior to the lacrosse team party at which the alleged rape took place.
Defense attorneys were not immediately available for comment.
David Evans, Trinity '06, Collin Finnerty and Reade Seligmann were charged with rape, kidnapping and sexual offense. All three have said they are innocent of the charges, and the trial is expected to start in the spring.
Defense attorneys added in the motion that results from tests performed on other seized items, including some from the rape kit, were not included in the final report given to defense lawyers by the State. The defense wrote that of dozens of items tested, they were originally given analyses of only three.
The tests revealing the presence of DNA material of several men on the accuser's body and possessions were only found after defense attorneys examined thousands of pages of reports released by DNA Security, a private laboratory in Burlington.
"Indeed, had Defendants not undertaken an exhaustive examination of the underlying materials, which DNA Security objected to providing, this evidence would have remained unidentified in the mass of documentation underlying DNA Security's work in this case," defense lawyers wrote in the motion.
The motion, which requests the court to order DNA Security to provide all missing reports regarding the lacrosse case to the defense, will be on the agenda for Friday's hearing along with another motion filed Thursday to suppress results from the police identification process used to select the three indicted players.
Discuss the lacrosse case on The Chronicle's message board.
Check www.dukechronicle.com for continuing updates. The Associated Press contributed to this story.
Viewing Comments 1 - 10 of 20
Yankenstein
Yankenstein
posted 12/13/06 @ 9:10 PM EST
While this is important news, the more critical pirce is that the DA and the lab have known about this since April, never revealing it to the defense. (Continued…)
non polarized
posted 12/14/06 @ 7:14 AM EST
Nonetheless, two players dna were found on her fingernails in 2 seperate locations - one in a trashcan and one on a desk (See todays HeraldSun)
Not sure why this article doesn't mention that. (Continued…)
Duke Parent
posted 12/14/06 @ 9:41 AM EST
Non polarized,
You are engaging in wishful thinking. Wake up and smell the roses. Your day is over. I suggest you find some graceful way to save face. (Continued…)
Chase
posted 12/14/06 @ 11:52 AM EST
"40% of blacks believe that all or nearly all whites hate all blacks."
This was a statistic from a national survey about racism that was part of an article posted on CNN. (Continued…)
Yankenstein
Yankenstein
posted 12/14/06 @ 12:00 PM EST
A couple of things worth noting about the fingernails:
1) - the testing was done on a 'soup' of evidence scraped from several nails, thus limiting its accuracy & meaning. (Continued…)
Supporter of any innocent victim
posted 12/14/06 @ 2:16 PM EST
KUDOS to Dave Evans for telling the truth the we were all told some terrfic lies! Looks like he is one of the few (along with the other two indicted players) who are telling the truth, and have been from day one. (Continued…)
trying to remain objective
posted 12/14/06 @ 5:01 PM EST
Since when have criminal defense attorneys become bastions of complete objective truth? Everything we have heard concerning evidence in this case originates from what the defense team has decided to release. (Continued…)
Objective
posted 12/15/06 @ 4:42 PM EST
I was not deriding the defense motions, and I am aware of the requirements of veracity in pleadings or anything formally filed in the court. I was simply stating that defense motions, inherently persuasive, are not the complete objective truth. (Continued…)
Sounds Fishy
posted 12/15/06 @ 6:18 PM EST
Something smells funny. So there were several male DNA within the victim and none were the members of the team. Mmmh, sounds like the holier-than-gods are still trying to assassinate the character of the victim by telling you she had sex with several males since she is a lowly stripper. (Continued…)
jenn
posted 12/16/06 @ 2:31 PM EST
How can ANYONE trust the word of a high stripper who obvously had done several other men the nights prior. I mean its bad enouogh to be a stripper. Then a drug taker. (Continued…)
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