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D.A. Says Duke Lacrosse Probe to Continue
AccessNorthGa.com ^ | April 11, 2006 | Tim Whitmire

Posted on 04/11/2006 9:01:01 AM PDT by Arec Barrwin

Apr 11, 11:38 AM EDT

D.A. Says Duke Lacrosse Probe to Continue

By TIM WHITMIRE Associated Press Writer

Duke Prosecutor: 'This Case is Not Over'

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

Butch Williams, attorney for accused Duke University Lacrosse players, says the evidence is on his side. Buy AP Photo Reprints

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."

---

AP National Writer Allen G. Breed contributed to this report.

© 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Learn more about our Privacy Policy.


TOPICS: Sports
KEYWORDS: duke; dukelax; dukeu; lacrosse; probe
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1 posted on 04/11/2006 9:01:02 AM PDT by Arec Barrwin
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To: Arec Barrwin

You can time the DA's career with an egg timer if he presses charges.


2 posted on 04/11/2006 9:05:33 AM PDT by GOPRaleigh (If John Kerry didn't exist then Karl Rove would have to invent him.)
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To: Arec Barrwin
Nifong said Tuesday that in 75 to 80 percent of all sexual assault cases, there is no DNA evidence.

I'd like to know where he got that number.

3 posted on 04/11/2006 9:06:40 AM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: mewzilla

80 to 90 percent of statistics are made up.


4 posted on 04/11/2006 9:07:12 AM PDT by AmishDude (AmishDude, servant of the dark lord Xenu.)
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To: Arec Barrwin
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.

Sounds like racial profiling to me. Why not test the blacks, hispanics and asians. The white guys are going to feel targeted, and hurting their feelings is the worse possible crime.

5 posted on 04/11/2006 9:08:21 AM PDT by Always Right
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To: Arec Barrwin
DNA testing is,IMO,one of the greatest things to hit courtrooms because it greatly increases the chances that the *truly* guilty will be punished and that the *truly* innocent will not be punished.

If the DNA collected from the woman doesn't match that of those who might be charged then the DA should have his head examined.

6 posted on 04/11/2006 9:08:48 AM PDT by Gay State Conservative
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To: Arec Barrwin
District Attorney Mike Nifong said at a community forum. "My presence here means that this case is not going away."

Your continued employment is a pretty weak foundation on which to justify the continuation of an investigation.

If you have some concrete reasons to continue, perhaps you should cite those.

7 posted on 04/11/2006 9:08:49 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: AmishDude

Lies, darned lies and statistics :) Well, I'm really wondering where that one came from.


8 posted on 04/11/2006 9:09:01 AM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: mewzilla
Nifong said Tuesday that in 75 to 80 percent of all sexual assault cases, there is no DNA evidence.

That's true. But if the victim describes an event where there would have been DNA evidence, then one should expect it to be present.

9 posted on 04/11/2006 9:09:05 AM PDT by Rodney King (No, we can't all just get along.)
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To: Arec Barrwin

It's one thing to try a case in the media once you've filed charges, but to do so while an 'investigation' is still underway strikes me as beyond the prosecutorial pale. I'm guessing that this guy is up for re-election, or is thinking about running for a higher office.


10 posted on 04/11/2006 9:09:51 AM PDT by John Jorsett (scam never sleeps)
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To: Always Right
Sounds like racial profiling to me. Why not test the blacks, hispanics and asians. The white guys are going to feel targeted, and hurting their feelings is the worse possible crime.

The explanation is that the alleged victim said all of her attackers were White.

11 posted on 04/11/2006 9:11:03 AM PDT by John Jorsett (scam never sleeps)
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To: GOPRaleigh

"You can time the DA's career with an egg timer if he presses charges."

You are from the area, huh? It's been said that his constituency is largely black and he is continuing with the investigation to pander to black voters to boost re-election bid?

Any truth to that, you think, or is he just killing his career for the hell of it?


12 posted on 04/11/2006 9:11:37 AM PDT by L98Fiero (I'm worth a million in prizes.)
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To: Arec Barrwin
Nifong said Tuesday that in 75 to 80 percent of all sexual assault cases, there is no DNA evidence.

Cases huh? I'd be more impressed had he said "convictions".

13 posted on 04/11/2006 9:13:08 AM PDT by Niteranger68 ("Only 4 out of 3 Democrats actually vote.")
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To: Rodney King

Is that for the state of NC? Nationally? And is the DA talking just about the DNA found in sperm? Or does his stat include DNA from other sources, say skin found under a victim's fingernails? If no DNA from any source was found anywhere in or on her person, after a violent and brutal attack like the one she's alleging, I just think that would be highly unusual.


14 posted on 04/11/2006 9:13:38 AM PDT by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: Arec Barrwin
Nifong said Tuesday that in 75 to 80 percent of all sexual assault cases,there is no DNA evidence.

OK,that's fine.But in cases where there *is* DNA evidence,one would think that that DNA would match that of at least one of the accused.

15 posted on 04/11/2006 9:13:49 AM PDT by Gay State Conservative
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To: Gay State Conservative

Did they find ANY DNA on her that was not her own?


16 posted on 04/11/2006 9:15:34 AM PDT by twigs
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To: Arec Barrwin

It seemed quite reckless to take a DNA sample of almost all of the players on the team (excluing the black man).

Will their samples be retained in the police database for all future possible crimes?

Isn't this putting the cart before the horse demanding that the team prove their innocence rather than the DA making a case against some particular players?

Who has been identified in a lineup?

This is prosecution gone wild. And while you may not be an athlete at Duke, it sets bad precedence for having to obtain legal defense for a crime you have not even been charged with.


17 posted on 04/11/2006 9:16:10 AM PDT by weegee ("CBS NEWS? Is that show still on?" - freedomson)
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To: L98Fiero

I am from Wake County but I know Durham County very well (it's the county next door). This is pandering to his "base" but even parts of his base will peel off he he does this.

You should see Durham County politics - it is, um, interesting. Want to have some fun? Go to a Durham County Board of Education meeting. Any meeting. Don't forget the popcorn!


18 posted on 04/11/2006 9:17:01 AM PDT by GOPRaleigh (If John Kerry didn't exist then Karl Rove would have to invent him.)
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To: Gay State Conservative
If the DNA collected from the woman doesn't match that of those who might be charged then the DA should have his head examined.

The defense is saying that absolutely nothing, not DNA, not lube (from condoms), not fiber, -- nothing was found on her that can be attributed to any player. Unless the DA is witholding something, he has no forensic evidence backing his case. If he isn't, and is still going forward, more than his head should be examined, his motives should be as well.

19 posted on 04/11/2006 9:17:06 AM PDT by John Jorsett (scam never sleeps)
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To: Rodney King
That's true. But if the victim describes an event where there would have been DNA evidence, then one should expect it to be present.

Last night I was watching MSNBC, and on Rita's show, some woman claimed that the DNA evidence found on the bathroom towels was semen. She had no proof to back up her claim. In her mind, DNA=Semen.

It didn't occur to her that the DNA evidence, which belonged to the two guys who lived at the house, may have come from their hands after they washed and dried them on the towels.

20 posted on 04/11/2006 9:17:10 AM PDT by Cowboy Bob (A Liberal by any other name is still a Hypocrite)
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To: Gay State Conservative

There may not be any SEMEN but there should be traces of skin under her fingernails, hairs (pubic or head), etc.

DNA comes in all sorts of samples.


21 posted on 04/11/2006 9:17:38 AM PDT by weegee ("CBS NEWS? Is that show still on?" - freedomson)
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To: John Jorsett
The explanation is that the alleged victim said all of her attackers were White.

And Terrorists threats are from Muslims.

22 posted on 04/11/2006 9:19:16 AM PDT by Always Right
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To: Arec Barrwin
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.

Pandering for votes? Naw. Just the usual way DA's handle cases.

23 posted on 04/11/2006 9:20:41 AM PDT by ladyjane
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To: John Jorsett
He is up for re-election...also, this from WRAL.com might explain what this guy is TRYING to get out of voters minds...

DURHAM, N.C. -- Durham County's district attorney says a clerical error is to blame for charges against an accused child rapist being dismissed by his office. In February 2004, police arrested and charged Norman Brooks in the alleged molestation and rape of Bobby Parker's young daughter. But in September 2005, the charges against Brooks were dropped and the case was dismissed. "This is clearly the fault of this office," said Durham County District Attorney Mike Nifong.

http://www.wral.com/news/6156268/detail.html

24 posted on 04/11/2006 9:21:49 AM PDT by top 2 toe red ("The Pres & I cannot prevent some politician's from losing their memories or their backbones." VP Ch)
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To: twigs
Did they find ANY DNA on her that was not her own?

I'm not sure.But I believe that one of the lawyers involved has claimed that no DNA match has been established between the "crime scene" and any of those under investigation.

Such a statement implies that there was DNA evidence found on her.Also,this statement,if untrue,is so easily disproven that one could easily assume that it is true.

But then,I'm not a lawyer so I could be wrong.

25 posted on 04/11/2006 9:23:22 AM PDT by Gay State Conservative
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To: top 2 toe red

http://www.wral.com/news/6156268/detail.html


26 posted on 04/11/2006 9:27:25 AM PDT by top 2 toe red ("The Pres & I cannot prevent some politician's from losing their memories or their backbones." VP Ch)
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To: Arec Barrwin

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

I think this is important. Also, I can imagine ways in which an assault could occur without certain DNA material being left behind.


27 posted on 04/11/2006 9:28:53 AM PDT by Abigail Adams
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To: Arec Barrwin

In other words he is going to pander to the mob because he is elected by the racists of the town and not by out of town white boys.

This is why people have such low respect for prosecutors. Mark my word folks, this joker is seeking higher office either as a federal judge or some legislative post.


28 posted on 04/11/2006 9:34:33 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Gay State Conservative
If I understand what was said yesterday, there was no foreign matter recovered from the outside (under fingernails for example) or inside of the purported victim. That means no foreign human matter of any kind (semen, hair, etc.) and no inorganic matter of any kind (spermicide, lubricant, etc.) which would tend to discount condom use.

Furthermore, they tested a bunch of stuff in the bathroom - bath mat, towels, etc. Keep in mind that this woman describes a desperate 30 minute fight in which she's trying to defend herself - scratching, kicking, maybe spiting, maybe bleeding. They got none of her DNA off the bathroom items - NONE! The only DNA they found in the bathroom was on the bath towels. It was from two residents of the house which indicates that their personal hygeine was in order because they had, at some point, used those towels to dry off.

That's it!

29 posted on 04/11/2006 9:42:09 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Abigail Adams

The incident occurred on a Monday night on into Tuesday. The purported victim worked for an "escort service" which is a polite way of saying "hooker". If she had been doing some intensely good business over the weekend and then took a bath, I wonder if that would leave her in a sanitized but injured condition?


30 posted on 04/11/2006 9:45:27 AM PDT by Locomotive Breath (In the shuffling madness)
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To: John Jorsett

The DA sees face time in front of the cameras.

The DA does not care about justice. So what if he advances his career at the expense of the lives of some rich white boys.

Perhaps we need a way for prosecutorial media whoring to be controlled somehow. Perhaps we should be a "demand for speedy investigation" in non-death cases in these situations where an investigation is started.


31 posted on 04/11/2006 9:46:40 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Abigail Adams

I tend to think the "victim" is lying. Another credibility problem for her:

Excerpt from The News & Observer:

The intense coverage of the story has led to widespread debates. Before Baker explained the search delay, questions had been raised as to whether the accuser's criminal record affected police action.

The woman has convictions on her record from a single 2002 incident involving drunken driving, a stolen car and an attempt to flee from police.

Under a deal with prosecutors, the woman pleaded guilty to four misdemeanors: larceny, speeding to elude arrest, assault on a government official and driving while impaired, according to court records. She was required to serve three consecutive weekends in jail and was placed on two years' probation, which she served without incident.

According to public records in Durham County, the woman had not previously reported being a crime victim.

(Staff writers Joe Neff and Benjamin Niolet contributed to this report.)

Staff writer Samiha Khanna can be reached at 956-2468 or skhanna@newsobserver.com.



32 posted on 04/11/2006 9:53:01 AM PDT by GOPRaleigh (If John Kerry didn't exist then Karl Rove would have to invent him.)
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To: Locomotive Breath

If the hooker, (lets be honest about what she is really trying to say with "escort service") is using drugs then hallucinations are not unknown.

Also, why is nobody commenting on the fact there is a potential prostitution case? She the prostitute and potential "johns". Of course if no sex happened, the only reason for this case is PERSECURITION not prosecution.

Essentially these young men are being charged with being white while employing a stripper.


33 posted on 04/11/2006 9:53:50 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Arec Barrwin

The DA finds out that when you choose to ride a tiger, you cannot dismount at will, can't urinate the minorities don'tcha know. JJ is now coming to Duke and weigh in, smells a shakedown payoff, Bro Al can't be far behind.


34 posted on 04/11/2006 9:58:26 AM PDT by Ursus arctos horribilis
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To: Ursus arctos horribilis

Look for Duke to cave in to the shakedown and give millions of dollars to the "Fill In The Blank Here" Fund. This payoff will cause JJ and Fat Al to backoff and ask for the community to "heal".

Same script, same show, different payers.


35 posted on 04/11/2006 10:03:13 AM PDT by GOPRaleigh (If John Kerry didn't exist then Karl Rove would have to invent him.)
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To: Arec Barrwin
My 2c...

This is an election year and the DA is posing for the cameras right now. He'll give the whole thing a few weeks to settle down. By then school will have let out. Sometime this summer his office will release a low-key statement that charges are not going to be pressed against the lacrosse players due to 'new evidence' or some such thing. If the rape never actually took place, no charges will be pressed against the accuser, either.

If the rape actually took place, I figure that it's the work of some party-crasher. However, the story is more and more looking like someone was looking for a payout. But that's just my opinion.

36 posted on 04/11/2006 10:20:16 AM PDT by wbill
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To: GOPRaleigh

Maybe Al learned the "once burned twice shy" lesson on his last time out. As far as Jesse, I am really wondering why he hasn't shown up. Maybe he's investigated and concluded there's no there there.


37 posted on 04/11/2006 10:46:43 AM PDT by Locomotive Breath (In the shuffling madness)
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To: longtermmemmory
The cross-town Durham school to which she purportedly goes is North Carolina Central University (NCCU). Since we've had the discussion about the "culture of rape" at Duke, can we now have the discussion about the "culture of single-mother fatherless-children sex-worker false-acuser substance-abuser felons" at NCCU?

Note: for those of you out of state, NCCU is not to be confused with North Carolina State University (NCSU) which is in Raleigh.

38 posted on 04/11/2006 10:54:56 AM PDT by Locomotive Breath (In the shuffling madness)
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To: GOPRaleigh

Have you seen what the Memphis ethnic community has been doing to Hank Williams Jr.? Shakedown....looking for a free handout. Why? Its because they can get away with it with impunity.


39 posted on 04/11/2006 10:58:03 AM PDT by vetvetdoug
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To: Locomotive Breath

Odd that the prosecuter chose NCCU to make his remarks?--This guy has to be the most unprofessional I've ever seen--and heck, I'm from NJ!! Wonder why he didn't choose to make his remarks at Duke? Talk about playing the "Race Card"! I hope folks from Durham remember at election time how this guys has tarnished their city.


40 posted on 04/11/2006 11:29:46 AM PDT by Neverforget01 (Only in New Jersey!)
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To: Locomotive Breath

"The cross-town Durham school to which she purportedly goes is North Carolina Central University (NCCU). Since we've had the discussion about the "culture of rape" at Duke, can we now have the discussion about the "culture of single-mother fatherless-children sex-worker false-acuser substance-abuser felons" at NCCU?"

That is a GREAT post and effectively highlights the hypocrisy of the coverage. Well done!!! I am in awe...


41 posted on 04/11/2006 11:39:44 AM PDT by GOPRaleigh (If John Kerry didn't exist then Karl Rove would have to invent him.)
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To: mewzilla

That was probably in the days before dna evidence.

If he's talking about nowadays--he probably just made it up. 75-80%--Call me skeptical.


42 posted on 04/11/2006 12:11:47 PM PDT by gop_gene
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To: gop_gene

Nifong is a DEMOCRAT who needs African American voters to survive in Durham. Duke is known as a Right Wing school with many prominent GOP alumni. If Nifong presses charges he will destroy his political career and be a White Al Sharpton.


43 posted on 04/11/2006 12:32:29 PM PDT by Jack Ian
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To: RacerF150

About half the rape cases are are not reported contemporaneously AND SO THERE IS NO dna TESTING. How many cases are there where the victim is DNA tested at teh time of teh rape and then there is no DNA match?

That's the real question.


44 posted on 04/11/2006 1:19:08 PM PDT by anton
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To: mewzilla

Nifong said Tuesday that in 75 to 80 percent of all sexual assault cases, there is no DNA evidence.
I'd like to know where he got that number.

If you grabbed your babysitters butt, you'd be guilty of sexual assault. How much DNA do you think you'd leave behind?


45 posted on 04/11/2006 1:34:06 PM PDT by schooter
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To: Cowboy Bob
Last night I was watching MSNBC, and on Rita's show, some woman claimed that the DNA evidence found on the bathroom towels was semen. She had no proof to back up her claim. In her mind, DNA=Semen.

Another idiot woman on Nancy Grace tried to make the same point last night. She almost hyperventilated screaming "what are the odds that the semen from two males that she identified would be on a towel in the same room the poor victim was trapped in".

46 posted on 04/11/2006 2:29:41 PM PDT by JeffAtlanta
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To: Arec Barrwin
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.

I'm surprised Nifong didn't hand out pom-poms and noisemakers prior to this forum pep rally.

47 posted on 04/11/2006 2:39:29 PM PDT by Libertarian444
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To: John Jorsett
I'm guessing that this guy is up for re-election, or is thinking about running for a higher office.

-------------------------------------------------------------

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.

Looks like you are on to something. The man is willing to smear innocent white students in order to get in good with the black vote. He is doing open forums on the 'victim's' campus. I'm surprised Jesse Jackson or Al Sharpton weren't standing next to him.

48 posted on 04/11/2006 2:55:20 PM PDT by Carling (Mocking liberal claptrap since July 1, 2004)
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To: Arec Barrwin
The Duke lacrosse coach "resigned", Duke canceled their lacrosse season, and one player was suspended from the University. For what? For patently bogus charges? For inviting an entertainer to their party? Or for being white male jocks in a non-revenue sport?

If the softball team had hired the same stripper we would not heard a peep.

49 posted on 04/11/2006 2:59:50 PM PDT by Plutarch
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To: schooter

really. not allowed a grab. shucks!! might have to turn myself in. oh no DNA. Shweee


50 posted on 04/11/2006 3:44:10 PM PDT by GoMonster (GO)
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