Wednesday, December 13, 2006
Duke Lacrosse Debacle Update
Here's another interesting twist in the Duke lacrosse 'probably-never-happened' Rape Case:
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.
[That's not news, apparently the accuser was having a lot of sex, but none with any of the accused].
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.
That's the twist--prosecutorial misconduct (or, more precisely, more prosecutorial misconduct after the 'can't-pick-wrong lineups). You can't keep back test results which tend to exonerate the accused. Huge No-No and only scummy prosecutors do it. If it's discovered after the case has gone to the jury, it generally results in a dismissal of the charges. Tougher to call where it is discovered in plenty of time before the trial.
On a similar plane, La Shawn Barber reports that Congressman Walter Jones (R-NC) has asked the Justice Department to investigate the civil rights violations of the three accused by Democrat DA Mike Nifong. The always on top of this story Mr. K C Johnson explores helpful federal statutes somewhat unnecessarily.
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.
[That's not news, apparently the accuser was having a lot of sex, but none with any of the accused].
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.
That's the twist--prosecutorial misconduct (or, more precisely, more prosecutorial misconduct after the 'can't-pick-wrong lineups). You can't keep back test results which tend to exonerate the accused. Huge No-No and only scummy prosecutors do it. If it's discovered after the case has gone to the jury, it generally results in a dismissal of the charges. Tougher to call where it is discovered in plenty of time before the trial.
On a similar plane, La Shawn Barber reports that Congressman Walter Jones (R-NC) has asked the Justice Department to investigate the civil rights violations of the three accused by Democrat DA Mike Nifong. The always on top of this story Mr. K C Johnson explores helpful federal statutes somewhat unnecessarily.
# posted by Roger Fraley @ 5:09 PM 
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"Curiouser and curiouser," cried Alice.
AP reports that the Duke lacrosse accuser is pregnant.
Fox News and WRAL TV reported she gave birth Thursday night, roughly 9 months after the alleged attck or the non attack as I think of it.
Meanwhile, defense attys have filed a motion to bar the photo lineup that consisted entirely of Duke lacrosse team memebers and to bar the accuser from identifying the defendants from the stand.
Duke University law professor James E. Coleman, Jr. said the case would be "effectively dismissed" if the court finds the lineup inadmissable and "rules that it is so suggestive that there can't be an in-court identification."
Reagsrds,
T
AP reports that the Duke lacrosse accuser is pregnant.
Fox News and WRAL TV reported she gave birth Thursday night, roughly 9 months after the alleged attck or the non attack as I think of it.
Meanwhile, defense attys have filed a motion to bar the photo lineup that consisted entirely of Duke lacrosse team memebers and to bar the accuser from identifying the defendants from the stand.
Duke University law professor James E. Coleman, Jr. said the case would be "effectively dismissed" if the court finds the lineup inadmissable and "rules that it is so suggestive that there can't be an in-court identification."
Reagsrds,
T
# posted by 
: 9:08 AM
: 9:08 AM
As I have said, about 9 months ago the Duke lacrosse accuser was having a lot of sex but just none with any Duke Lacrosse player. I had enough criminal law experience to know that suppression of the can't-pick-wrong photo lineup was the best bet to bring this fiasco to an early conclusion. Good to see they filed it. We should know in late January how that's going to go. I agree of course that if the ID is suppressed, the case is over.
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