DURHAM, N.C. — Buried in thousands of documents handed over to defense lawyers by the district attorney in the Duke rape case was a stunning report from a private lab hired by the prosecution that found DNA from multiple males in the accuser's body — but none that belonged to the accused players, according to a defense motion filed Wednesday.
The lab, DNA Security of Burlington, found during tests performed last April that not only did the DNA not match the three defendants, but that it also did not belong to any of their lacrosse teammates or anyone else who submitted DNA samples to police, including the accuser's boyfriend. Those findings were not turned over to the defense until October, when District Attorney Mike Nifong's office turned over thousands of case-related documents.
"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," lawyers for the three accused players said in the motion.
Neither DNA Security or Nifong — who has come under intense criticism for his handling of the case — explained Wednesday why the DNA findings were not reported immediately to defense lawyers, as is required by law, or why they were not turned over to the defense until October.
None of DNA Security's findings were included in its final report to Nifong on May 12.
It's pretty clear that Nifong did whatever he could to keep this case alive and ride it all the way to reelection, all at the expense of the accused players. The whole thing needs to be thrown out.
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