The Duke Rape Case: DNA in All the Wrong Places
Things that make you go hmmm:
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.
Two reactions:
1. We haven't read the papers in question, and we don't know the discovery timetable set in this case. But at first blush, this DNA information sure sounds like evidence that would be subject to disclosure under Brady v. Maryland. When was the prosecution planning on getting around to sharing it?
2. "[G]enetic material from several males," but none from any of the defendants? ICK. Deeply troubling. And we apologize if you find this gauche or un-PC of us, but we can't help wondering: Exactly how many is "several"?
Lawyers: DNA Not Linked to Duke Athletes [Associated Press via Instapundit]
Earlier: The Duke Rape Case: The DNA Evidence













Comments
Mr. Lat (or may we still call you A3G?):
This latest DNA revelation is only one in a series of prosectuorial errors (we call them 'errors' to be polite). 60 Minutes did an excellent piece on the case, and reported that the photo lineup given to the accuser contained pictures only of people on the Duke lacrosse team, so it was like shooting preppies in a yacht club to get an ID. Also, the DA failed to investigate alibi evidence of a radio taxi driver who picked up one of the defendants before the alleged incident purportedly took place. All in all, it looks like a botched railroading.
Posted by: Anon, good nurse! | December 14, 2006 12:48 AM