DNA Evidence Sheds Light on Duke Rape Case

In this case, it acts as a disinfectant and would appear to exonerate the three Duke students accused of raping a woman at a party held by members of the Duke lacrosse team.

DNA testing conducted by a private lab 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, including the three charged with rape, according to a defense motion filed Wednesday.

The motion, signed by attorneys for defendants Reade Seligmann, Collin Finnerty and David Evans, complained that the information was not disclosed in a report on the testing prosecutors provided earlier this year to the defense.

"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 motion read.

In an interview, defense attorney Joseph Cheshire said the report's findings suggest the accuser had sex shortly before the March team party where she was hired to perform as a stripper. The woman has said three lacrosse team members gang-raped her in a bathroom at the party.

"None of (the DNA material) happens to be from lacrosse players who are supposed to have had sex with her, which is pretty significant," said Cheshire, who represents Evans.

District Attorney Mike Nifong, who has generally refused to talk about the facts of the case since granting a flurry of interviews in the investigation's early days, did not immediately return a call seeking comment. Defense attorneys for Seligmann and Finnerity either declined comment or did not immediately return a message.

This case has been falling apart for Nifong for some time now, as the victim's story could not be corroborated from the evidence and she changed her story on several occasions.

LaShawn Barber, who's been following the story quite closely, notes that North Carolina Rep. Walter Jones is looking to have the DoJ open an investigation into Nifong's actions. The case was heavily politicized from the outset, and ascertaining the facts became secondary for Nifong.

HT: Anonymous emailer.

UPDATE:
Instapundit thinks the case looks worse and worse with every new revelation - for Nifong that is. Joe's Dartblog slams Nifong and the racist cheerleaders who were busy railroading the players when the evidence was far from certain.

K.C. Johnson applies a legal microscope to the Jones letter to the DoJ and what it might mean for Nifong, and has tons of other relevant pieces on the case (or what's left of it).

Others blogging: Perri Nelson, FromMedSkool, Liestoppers, Bullwinkle Blog, Pirate's Cove, and Tom Maguire.

UPDATE:
Don Surber calls Nifong to be prosecuted. I can't blame Surber for feeling that way. Nifong has abused his position and it would appear he withheld key exculpatory evidence from the defendants. Pirate's Cove wonders why Nifong didn't do his job to get to the heart of the matter and find the facts - and track them down wherever they may lead.

Others blogging: Bitsblog, Betsy's Page, Texas Fred, and TalkLeft.

Technorati: duke rape case, duke, nifong, lacrosse.