Defense attorneys: DNA testing finds no match in Duke lacrosse case
 

What amazes me is how many times these accusations are found to be untrue. Some one was telling me the other day that over 70% of all alleged rapes are lies. Of course I don't have anything to back that up with without doing some research first. The President of Duke should be fired over this. It's scary what women can get by with now. When one whores word carries more weight than an entire house full of College students we are way over the line IMO.

http://sports.yahoo.com/top/news;_yl...v=ap&type=lgns

DURHAM, N.C. (AP) -- 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.

"No DNA material from any young man was present on the body of this complaining woman," said defense attorney Wade Smith.

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.

Authorities ordered 46 of the 47 players on Duke's lacrosse team to submit DNA samples to investigators. Because the woman said her attackers were white, the team's sole black player was not tested.

District Attorney Mike Nifong stopped speaking with reporters last week after initially talking openly about the case, including stating publicly that he was confident a crime occurred. He went on to say he would have other evidence to make his case should the DNA analysis prove inconclusive or fail to match a member of the team.

Smith said Nifong now has the evidence needed to change his mind.

"He doesn't have to do it," Smith said of filing charges. "He is a man with discretion. He doesn't have to do it, and we hope that he won't."

Nifong's assistant said earlier Monday the prosecutor would not comment on the findings. 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.

Attorney Joe Cheshire, who represents one of the team's captains, said the report indicated authorities took DNA samples from all over the alleged victim's body, including under her fingernails, and from her possessions, such as her cell phone and her clothes.

"They swabbed about every place they could possibly swab from her, in which there could be any DNA," he said.

Cheshire said even if the alleged attackers used a condom, it's likely there would have been some DNA evidence found suggesting an assault took place. He said in this case, the report states there was no DNA on her to indicate that she had sex of any type recently.

"The experts will tell you that if there was a condom used they would still be able to pick up DNA, latex, lubricant and all other types of things to show that -- and that's not here," Cheshire said.

Stan Goldman, who teaches criminal law, evidence and criminal procedure at Loyola Law School in Los Angeles, said the DNA results don't mean that Nifong can't go forward with the case -- but the test results make a successful prosecution much harder.

"Isn't the absence of DNA evidence, given the way the victim has described the crime, in and of itself almost enough to raise a reasonable doubt?" he said. "That's all the defense has to do."

Robert Archer, whose son, Breck, is a member of the lacrosse team, said the test results only confirmed for parents what they already knew.

"I know the kids on the team and I know they're innocent," said Archer, of East Quogue, N.Y.

What's killing me is they still protecting her even now. She is a criminal and should be prosecuted and not longer have the protective "alleged victim" status.

Strippers are always liars.

Don't worry, she'll say it still happened. There was some guy on some news show I was watching the other day saying things like. "Not having DNA is no proof it didn't happen, it is possible the men used condoms to not leave anything behind".

She is always going to get the benefit of the doubt regardless of how stupid it seems.

SWK....stay away

That's stupid - if there was "NO DNA" - then WTF did they even do the testing? Talk about a waste of money. Dumbasses.

And for the record - anyone getting caught making any type of false accusations should be punished and no longer deserved to have their identity protected from the public. :mad:

Apparently she has has a real sketchy past too. I found this interesting.

http://christianparty.net/dna.htm

A stripper? You have to be kidding us. Strippers never have a sketchy past.

She claimed she choked, raped and fought them off breaking her fingernails. IF anything remotely resembling that happened there would have been a lot DNA evidence.

The president of Duke should be fired for making this decision.

oops

Our media promotes all of that info too. By saying things like women don't come forward when they're raped and by putting out stats like "1 in 3 women with be raped".

I still think our laws toward rape are ridiculous. Some woman I don't even know could say I raped her and here come the cops to haul my ass to jail with no probable cause.

My buddy sent me the article. He also said that in June 2002 there was an incident in which the alleged victim stole the taxi of a man to whom she was giving a lap dance at a Durham strip club. Court records say she led a sheriff's deputy on a winding chase at up to 70 mph, and tried to run him down as he approached the cab.


I didn't read that in this though and he signed off. I am sure someone can come up with it in a search.

If anyone questions this womans character every minority group in the country will flip out because she happens to be black.

Sodomy with no indicating tears or stretching?

Those rapists had little weenies.

There was a girl at a party I was at in Florida as a kid who was taking on all cummers in the back bedroom. I told my girl this was a bad scene, we should leave. Next day it was on the news she was accusing guys at the party of gang raping her. I don't know what happened after we left but she grabbed those guys saying lets party when it started. It was quite obvious she was not only more than willing but wanting to put on a show from what I saw. Scary stuff.

Drunk girl does something stupid...........wakes up and thinks "oh shit what did I do, I didn't want to do that um uh uh Rape!"

She wasn't a 15 year old virgin that got drunk and did the football team. ROFL Were talking about a crazed stripper that ripped off cars and tried to drive people down. She was hired to strip that night. There was also no evidence that she had any kind sexual contact at all.

My comment was more in reference to your party story than the thread header.

The Stripper is a North Carolina Tarheel LaCrosse Fan...

Just because the defense lawyers are saying this doesn't mean that it's true. What else are they going to say, "yep, my client splooged all over this broad"?

Yes I would totally agree with that. :thumb:

WTF? Yea I am sure the high profile attorney representing these guys is going to come out and lie about the findings of the DNA evidence. ROFL

Give me a friggen break.

Yeah, a lawyer telling a lie... that NEVER happens.

hope their chain of evidence is solid.

Being the the kids are white it's automatically assumed they are guilty. :shake:

Hopefully this is true and she will get rung up for filing a false report, etc.

So much for her book and movie opportunities...

duh, they lubed up first... I mean, hell, if you're gonna do a chick in the ass, it works better for both involved if you lube up first...not that I'd know anything about that

-EB-

makes me almost want to stop banging hookers all together

Lets not get crazy now.

ROFL :clap:

No, I would say that because they were rich and priviledged, they were guilty.

Could it have been a shakedown by the stripper and/or her manager to extort more money out of them then they received? :hmmm:

Heh. The black community has come a long way since O.J.

They're guilty! There is no evidence, but they're guilty!

"Authorities ordered 46 of the 47 players on Duke's lacrosse team to submit DNA samples to investigators. Because the woman said her attackers were white, the team's sole black player was not tested"

Can you be forced to provide a DNA sample?

"If the golves don't fit, you must acquit."... :hmmm:

Somehow, you know Coach K is behind all of this....he used the same mind-control powers he uses on officials on the CSI team....

Heck, I bet even Dickie V has put in a call to Coach K volunteering some of his DNA to throw into the crime scene (so someone other than a Dukie could take the fall).

I don't know. But if I was innocent, I'd give DNA so they could take me off the suspect list.

Welp, I guess I will go ahead and say that this stripper should be killed and skinned, instead of the LaCrosse team. I still detest priveledged atheltes and others who do shit like what she LIED about, and get away with it - but if they did nothing and she made the whole thing up. Definitely prosecuted, and please do something more than the runway bride got!!!

I want some of the drugs your on. OK, I can't believe I actually have to say this. It's not about whether an lawyer will lie or not it's about what's in it for him. Lying about the results of the DNA evidence would just be stupid and probably get him fired. It serves no purpose.

They won't do anything to her.

I just can't help but think how this story would have all been different if Mer was the girl.

"Stripper rapes Duke LaCrosse team"

How bout Kobe's Colorado ho? Pretty much the same thing. She obviously didn't make the whole thing up, but she sure shut up pretty quickly.

Because Kobe's lawyers were good and tore her credibility to shreds. And paid her a tidy sum of money to boot.
Just goes to show, if you have the money you can get away with murder, so to speak. OJ proved that.

The lack of DNA evidence would give it away.

I don't watch CSI for the entertainment.

Plus it was kind of silly of her not to kiss "it" goodbye. That's just polite.

That's completely incorrect. First of all she had no credibility. Her friend said whe was upset after leaving his room but all the other employees didn't notice anything wrong with her. She finished up her job and left. After she left she ****ed some other guy right after being with Kobe, not exactly how a woman acts after being raped. Thirdly she bragged at a party about how big Kobe's cock was in front of many witnesses. Lastly they only decided to give her an undisclosed amount in civil court after having already dropped their criminal charges. One was not related to the other. It makes sense to do that as the more his name is attached to this in the media the longer it will take him to get new endorsement contracts which is huge $$$$. On top of all this her mom worked with the local police department and the family would have never had to work again had they got the rape conviction. If they had any decent chance of getting the conviction they should have gone for it.

What a really skewed perception you have of that case. I am surprised to hear that coming from you. IMO Males in this country deserve what they get when it comes to being victims of women claiming rape. We have set the table for them and believe them not matter what the facts are. Alan's example right here says it all.

District attorney says he will not abandon investigation involving Duke University's lacrosse team

TIM WHITMIRE
Associated Press Writer

Joseph B. Cheshire V, lawyer for one of the accused Duke lacrosse players speaks to the media outside the Durham County Judicial Building in Durham, N.C., Monday, April 10, 2006. 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. (AP Photo/Gerry Broome)

DURHAM, N.C. — Durham County's chief prosecutor said Tuesday he will not abandon his investigation of allegations that an exotic dancer was raped and beaten at a party thrown by members of Duke University's lacrosse team.

"A lot has been said in the press, particularly by some attorneys yesterday, that this case should go away," District Attorney Mike Nifong said at a community forum. "My presence here means that this case is not going away."

On Monday, attorneys representing members of the lacrosse team said DNA from the 46 players tested did not match evidence collected from the woman who says she was raped.

"No DNA from any young man tested was found anywhere on or about this woman," defense attorney Wade Smith said Monday.

He said he hoped Nifong would drop the investigation.

No charges have been filed in the case, but Nifong has said he believes a crime occurred at the March 13 party, which according to court records was attended only by lacrosse players. The woman said her attackers were white, so DNA testing was done on every white member of the team.

Nifong, who has said he doesn't necessarily need DNA evidence to prosecute, was calmly defiant at Tuesday's forum, attended by about 700 people on the campus of North Carolina Central University, the historically black university a few miles from Duke where the alleged victim is a student.

"The fact is that this case is proceeding the way a case should proceed," Nifong said to applause from the crowd.

The 27-year-old woman told police she and another woman were hired to dance at the party and that three men there dragged her into a bathroom, choked her, raped her and sodomized her. The allegations led to days of protests on and off the Duke campus.

Robert Archer, whose son Breck is a junior on the lacrosse team, said that while it is Nifong's prerogative to pursue the case if he so chooses, it would be a waste of time.

"I know the kids on the team, and I know they're innocent. We knew it from the start," Archer said by phone from his home in East Quogue, N.Y.

Court experts not connected with the Duke case cautioned that the DNA results could make prosecution difficult, but not impossible.

"There's an old saying that the absence of evidence is not necessarily evidence of absence," said Peter Neufeld, co-founder and co-director of the Innocence Project, a nonprofit legal clinic.

A doctor and forensic sexual assault nurse examined the woman and found evidence consistent with a rape having occurred, police documents show.

Nifong said Tuesday that in 75 to 80 percent of all sexual assault cases, there is no DNA evidence.

"DNA results can often be helpful, but you know, I've been doing this a long time, and for most of the years I've been doing this we didn't have DNA," he said. "We had to deal with sexual assault cases the good old fashioned way. Witnesses got on the stand and told what happened to them."

Loyola Law School professor Stan Goldman agreed that DNA evidence is not necessary to win a conviction but said Nifong would have a lot to overcome without it.

"In this day and age, it's the 'CSI' effect," he said, referring to the popular "CSI: Crime Scene Investigation" series on TV. "If you don't find the evidence, then maybe it's not the guy. In 'CSI,' they always find the evidence."

Defense attorney Bill Thomas said authorities found none of the alleged victim's DNA in the bathroom where she told police she was attacked.

"Our experts tell us that being gang-raped by three men would leave DNA material to be examined," Thomas said.

Goldman said the failure to find any matching DNA evidence, is "not the end of the case, but it's kind of damning to the prosecution case."

"Isn't the absence of DNA evidence, given the way the victim has described the crime, in and of itself almost enough to raise a reasonable doubt?" Goldman asked. "That's all the defense has to do."

Here are some other great examples of why males deserve what we get in this country on this subject. These are coming righ from our own BB.

I guess you missed this part.
Cheshire said even if the alleged attackers used a condom, it's likely there would have been some DNA evidence found suggesting an assault took place. He said in this case, the report states there was no DNA on her to indicate that she had sex of any type recently.

"The experts will tell you that if there was a condom used they would still be able to pick up DNA, latex, lubricant and all other types of things to show that -- and that's not here," Cheshire said.

Yea the defense lawyer is going to make up and lie about the results of the DNA evidence. ROFL Give me a friggen break.

Then we have the woman on BB refering back to the obvious.

Thank you Katipan. :clap:

For the life of me I have no idea why people presume guilt when it comes to rape in this country but we sure do.

Big Daddy, I can't look at that link you posted while at work. Can you just give us a summary of what it is? I have a very hard time believing a stripper simply for the nature of her work and what it can lead to, willingly or otherwise. I think that would be a tough thing to prove. But the one thing that gets me is the part I bolded in the article in my last post.

Poor Kobe was obviously a victim. Probably never touched her.

:shake:

DA tryng to make a name for himself. This case is SOOOOO over. You have multiple players raping her and she is fighting them to the point she breaks her nails and there is zero DNA evidence. Give me a friggen break. Furthermore she is raped and leaves never telling the other stripper she was there with that anything happened to her. OK We are talking a stripper who steals peoples cars she is stripping for and tries to run over people as opposed to a whole house full of witnesses that state otherwise that just happen to be Duke college students. Not to mention all the incentives that are there for woman on the down and out to claim rape now.

I give up. Some of you guys want to believe this happened go ahead. Is it any wonder things are the way they are now? :shrug:

I never said that at all MOF DNA says he did. It was in there with that other guys DNA she ****ed right after Kobe. :shake:

Dude, I never said I believed her story. Frankly, I think there are a ton of holes in it. But I like to weigh out things before deciding what I believe. I just read this bit about the other stripper:


http://www.foxnews.com/story/0,2933,191096,00.html

I was just questioning the bit about there being police documents showing "evidence consistent with a rape having occurred". Something isn't right about this whole thing.

I also question the DA's motives when he goes to a rally at the girl's college. WTF?

Everyone at the party said she arrived hammered, bruised and with broken fingernails which would explain why the evidence would be consistant.

Lets get real if someone raped and tore her shit up like that at the party as she claimed they would be stepping all over each other to snitch whoever it was out. They all wouldn't have the same story. Also the fact that say her results showed no sexual activity whatsoever is all that is needed in letting this case go. The DA is just trying to act all hard and keep his name in the media for as long as possible for his own self promotion.

Interesting

FBI Rape Statistics and DNA Testing


In the US, there are an estimated 520,000 false rape allegations a year

http://www.fathersforlife.org/fbi_rape_stats.htm

I hear ya, I had not decided until the DNA came back negative. I still believe these guys would have fallen all over each other snitching if there was anything to it considering how big this has become.

I sympathize with your lot, but there will never be a number for how many rapes go un reported...

Very true. :thumb:

HEre is one on the percentage being exonerated through DNA evidence that was originally printed in the New York Times.

In 88 percent of the rape cases in the study, DNA evidence helped free the inmate. But biological evidence is far less likely to be available or provide definitive proof in other kinds of cases. Only 20 percent of the murder exonerations involved DNA evidence, and almost all of those were rape-murders.


http://www.truthinjustice.org/exoneration-study.htm

Maybe it is just me but I would say there is a problem here.

Another problem is these rape vicitm funds. In Kobe's case that woman received 17k from those funds just because she claimed rape. This provides a huge incentive for women to claim rape especially if they are on the down and out. That being said I have no idea how you would monitor such a needed program so that it wouldn't provide that incentive.

Here is what the legal consultant Mickey Sherman for CBS news had to say about this case and the DA:

Asked on The Early Show Tuesday by co-anchor Hannah Storm whether the case can go forward without any DNA matches, Sherman simply said, "No."

The results, if defense lawyers are reporting them accurately, would leave the players "pretty close to being exonerated," Sherman told Storm. "You know, this is the 'CSI' generation. Generally, a consent rape case is 'He said, she said.' But no longer. Now, we expect there's gonna be blood splattered, there's gonna be gunshot residue, and in rape cases, that there's gonna be DNA. And don't forget, it was the D.A., the district attorney (Durham County D.A. Mike Nifong) who came out swinging on this thing and said, 'She was raped. We believe her, and when the DNA tests are back, you're going see that we have a good case.' So, the egg is on his face right now."

Even if the players were wearing condoms during the alleged incident, that wouldn't explain the absence of any DNA from any of the supposed rapists, Sherman pointed out.

"First of all, we're talking about 46 different people (who were tested). … Most experts will say (condoms aren't) going to prevent an exchange of DNA. And, also, the nature of the alleged rape was more than just simple sex. There was violence involved, there was touching. And, if that was the case, there would be some DNA present."

Nifong told CBS News correspondent Trish Regan that he intends to proceed with the case, saying he won't be relying exclusively on DNA evidence, that there are a number of different things he'll be looking at in the case, and that if he files charges, he'll probably do it this week.

But, Storm asked Sherman, is there a case without DNA evidence?

"Generally," Sherman replied, "(there would be), because it's a 'He said, she said.' But this case is now so burdened with the baggage that the D.A. himself brought onto it. Plus, they've got that picture, if that exists, that allegedly shows (the accuser) was injured or inebriated before the alleged incident. That's gonna weigh heavily.

"And the public has, I think, shifted. I think everybody, all of us thought these kids must be guilty. But now, with the shift, the DNA, this picture, and everything else, I think the sentiment in the local community as well has probably shifted for the players."

Accounts of medical personnel who treated the alleged victim wouldn't necessarily make much difference, Sherman explained: "I'm not trying to damn every rape victim, by any means. But, generally, the (doctors and nurses) will say the conclusions are consistent with someone who's been forcibly raped, but you'll get other doctors saying it's consistent with people who've had consensual sex. That by itself is not gonna make this case."

As for numerous outspoken early comments from lawyers on both sides, Sherman observed: "As a defense person, we've got to get out there and say. 'Our client didn't do it,' or, 'Our client did it, but it was consensual.' That's what I expected to happen here. … They came out and said, 'We never had sex with the person.' And, obviously, they knew the DNA was going to come back. The D.A. should never have come out with anything. He should have said, 'Let's wait and see what happens.' "

This to me is really scary....

Is this going to be a he said/she said? I thought you needed some kind of proof...

espn

i don't see how there can possibly be a case without DNA evidence


so you're saying that during this wild stripper party all these "sport thugs" stopped and turned all CSI and made sure while raping and beating this girl that zero DNA evidence was there?!?

dang near impossible to have NO DNA evidence even in clean enviroment ... but at a "frat party".......... 1 in a billion shot.

Hey, it happens. Look at the Kobe case... the defense said they found evidence of another guy's stuff in there with Kobe's, and the DA said it wasn't true. Then there were arguments that the DA was holding back evidence, and then arguments that the defense's DNA had been tainted or something. Two sides with totally different DNA results. Somebody was stretching the truth somewhere.

Oh yea you mean the prosecutions desperate last minute attempt to say the other mans seamen in her panies could have come from a lab tech and not from her. Talk about reaching.

These are the kind of things that bother me. In this country we tend to always presume guilt when woman when she says she was raped irrgardless of the likelyhood or their backgrounds. We don't do this with other crimes nearly as much. Even the legal consultant Mickey Sherman for CBS news said "And the public has, I think, shifted. I think everybody, all of us thought these kids must be guilty. But now, with the shift, the DNA, this picture, and everything else, I think the sentiment in the local community as well has probably shifted for the players."

Why would we think they must have done it? 30 + college students with most likely awesome backgrounds all telling the same story and stripper that rips off clients cars and tries to run down people. :hmmm: I have already posted many links that show that most rape allegations are faulse. There are also many incentives for her to say it happened. You think the media will ever report that? Hell the fallout from this was so bad the real victims in this case had to move out of the house because of the massive protest outside before any of the facts had even come in. The season was ended and the coach had to resign before any of the facts came in which is a huge presumption of guilt. Her name was protected and continues to be even though their names were released.

I just think we have become WAY too PC when dealing with this subject. It just gets to a point where it's beyond ridiculous.

I still believe the president of Duke should be fired for his knee jerk reaction to this situation. He believed and reacted to what one stripper with a criminal record said over all 36 of his own students and didn't even wait for the facts to come out.

That's what I'm having a problem with...I think if they release her picture and name you'll see the case blow up in their face.

That wouldn't be PC though. The DA is using this case just to get exposure for himself as well. He has no interest in seeing justice done. He doesn't have a prayer without DNA evidence in that situation.

How crappy it is for the team now. Their coach gets fired and they lose the rest of their season. Not to mention all the bad media attention they're getting. At this point, it appears they are the victims here. Did the DA even bother to look into this girl's background?

He doesn't care about her background, this is his one and only chance at the big time. The more the media reports this the more his name is out there. I am sure there are good DA's but most of them could care less about justice. Kobe Bryants DA cost the tax payers 400k pursuing that worthless case. This appears to be 10 times more worthless than that one.

This is an interesting page on the Katelyn Faber Kobe's accuser.

http://images.google.com/imgres?imgu...&ct=image&cd=3

BD, I guess you misunderstood my comment. They were both equally complicite. The fact that they attacked her credibility was their only course of action. Because that's the way it is in todays society. Men are always presumed guilty until proved innocent. Kobe nonwithstanding.

In both these cases there were series credibility issues too. In Kobe's case some of it didn't even make it out until the case was over. THe other mans cum in her panties was the damning part. How stupid do you have to be to go **** another guy after setting someone up on a rape charge? I noticed they have her medical history out now too which is very damning.

Drug Overdose 30-May-2003
Suicide Attempt 30-May-2003
Raped (by Kobe Bryant 30-Jun-2003, according to her, lawsuit settled)
Suicide Attempt 2004
Risk Factors: Marijuana, Cocaine, Smoking, Bipolar Disorder

I watched a show on TLC once that was about people who were supposed to be twins, but weren't. Some of them have two different types of DNA. They showcased a few mothers. One had to go to court and risked losing her children because her DNA didn't match theirs. The court tested both her and her last baby right after they witnessed her giving birth to him. They came out different. After doing several tests, they found out that certain parts of her (like hair samples, swabs of saliva, etc) have one type of DNA, while other parts (like tissue, organs, etc) had a different DNA.

Man, went from trying to ruin guys lives to literally killing them.

But remember, we're supposed to #believeallwomen. Cause women never lie. ROFL

Throw that stupid bitch in prison. There needs to be massive consequences for this

#MeeToo

bitches get stitches

It says she's in prison for murder?

Shes in jail for murder, Guess she got religious in jail and is coming clean.

NSFW language

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