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Duke Lacrosse: DNA on Tissue Consistent With Third Player

Leaks are coming out on a second round of DNA tests. Reports are that DNA from a third player "is consistent with" DNA found on tissue under a fingernail in the trash.

Even if true, it doesn't establish a rape. It could have happened from contact during a scuffle over the money, or during a lap dance while she was dancing. It could have been a secondary transfer. The players have said the accuser was painting her nails in the bathroom. Nails were found in the living room where the dancing occurred.

As to the "consistent with" which does not mean a complete match,

A DNA expert said Wednesday that one way a DNA report sometimes says DNA is "consistent" with a particular person is when there's a partial DNA profile of fewer than all 13 genetic markers commonly used in testing kits.

In that case, the number of markers available determines the reliability of the match, said Theodore D. Kessis, owner of Applied DNA Resources in Columbus, Ohio.

"It really depends then upon how partial is that profile," he said in a telephone interview. "A lot of people are of the opinion, including myself, that if it's supposed to test for 13, it should get 13, and something less than 13 is starting to hinge on the reliability of the result.

The completeness of the DNA test isn't really the issue. Let's assume it is a match for the third player. How does it establish a rape? It's really an issue that goes to her credibility. Does it mean she was telling the truth? Does it rule out that she got angry at them for forcefully taking the money back and later decided to allege a rape?

And if the DNA tests aren't due back until Monday, who's leaking this finding?

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    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#1)
    by Talkleft Visitor on Thu May 11, 2006 at 03:28:07 PM EST
    RE: "scientists concluded it came from the same genetic pool" For example, Finn or Ashk-Jew or Irish.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#2)
    by Bob In Pacifica on Thu May 11, 2006 at 03:30:32 PM EST
    DNA on a tissue? On a tissue under a fingernail in the trash? Or on tissue under the fingernail?

    azbballfan posted:
    Again, I'm very suprised that no-one is making a bigger deal over how the Duke Administration tipped off the team that the Durham Police were investigating this. It's a sign that the Duke family was looking to take care of it's own.
    The players' parents are upset that they didn't do more. They didn't stop the three captains from "going downtown" and almost ten days later they helped arrange that mass interview that was cancelled. They publically asked the players to cooperate.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#4)
    by Bob In Pacifica on Thu May 11, 2006 at 03:33:15 PM EST
    Some of you familiar with the photo identification, explain this: "WRAL-TV, citing a transcript of the photo identification session the dancer had with police, reported Wednesday that she indicated a fourth player also may have been involved in assaulting her." We're not moving up to four assailants, are we? If so, what would that mean?

    DNA on a tissue? On a tissue under a fingernail in the trash? Or on tissue under the fingernail?
    skin tissue under a fingernail I think

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#6)
    by Bob In Pacifica on Thu May 11, 2006 at 03:38:08 PM EST
    If I knew that the police were investigating a rape and I was involved, I would have gotten rid of all her stuff, including fingernails, got the money out of there, and tossed her makeup bag in a landfill. Does this mean that none of the people living at the house were involved? Didn't know anything happened? What?

    Orinoco posted:
    TL, what do you think the latest arrest of Mostafa say of Nifong? At what time would his unethical behavior cross the line?
    Another prominent attorney on TV just said the DA is "between a rock and a hard place - if there is an outstanding warrant it has to be served. If they don't it looks like favoritism."

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#9)
    by Talkleft Visitor on Thu May 11, 2006 at 03:45:28 PM EST
    In "The Secret House : The Extraordinary Science of an Ordinary Day" author David Bodanis says that most household dust is actually dried flakes of human skin tissue. So I'm still not sure exactly what is meant by the assertion that they found DNA skin tissue under one of the AV's fingernails?

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#11)
    by Bob In Pacifica on Thu May 11, 2006 at 03:50:10 PM EST
    Teresa, Teresa, Teresa, I have been reading for a couple of months that the two women met and entered the house together. Where did that come from?

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#12)
    by Bob In Pacifica on Thu May 11, 2006 at 03:51:42 PM EST
    Sgt. York, In your considered opinion, then, is WRAL talking out of their collective ass about four assailants?

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#13)
    by chew2 on Thu May 11, 2006 at 04:01:01 PM EST
    Bob, Go back to the last thread: the link to the complete AV identification transcript is post there. You missed it. Orinoco, So how come you aren't you complaining about Nifong arresting Kim Roberts the second dancer? Selective outrage?
    Because there was a warrant for her arrest, Roberts told police she picked up the woman on the road, in a crowd of men yelling racial slurs. Police did not ask her name, and Roberts went home. A week later, Roberts' escort agency told her police wanted to talk to her about a possible rape. After she gave a statement, police arrested her for the probation violation.


    SLOphoto posted:
    If someone knows -- BTW -- Just how much DNA could be found under her fingernail if the AV had grazed her finger against the lax player who handed her the mixed drink? I don't know, I'm just asking?
    I don't know, but if was that easy I would think DNA would have been found under all of her nails. For the people that think the skin flakes may have fallen onto the nails while in the trash - try this: Take a paring knife and scrape the surface of a lemon. See the zest curled up on the knife? Now using a fresh knife do it again. Wipe the knife off and drop the zest back onto the clean knife. Compare the two knives. Hopefully, they took a photo of the nail before removing the tissue.

    RE: "four assailants" Seems to come from the accuser fingering #4, #5, $7, and #40. ----------- Reports are that the skin tissue, attached to the fake fingernail, found in the bathroom trashcan, and "from the same genetic pool" of... is consistent with one of the team captians who lives at that house. These are Matt Zash, Dan Flannery and Dave Evans.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#16)
    by Bob In Pacifica on Thu May 11, 2006 at 04:05:21 PM EST
    Rereading the story about the taxi driver being arrested, it's not clear he even knew that there was an outstanding misdemeanor indictment out on him, although apparently there was. It may be an unfortunate coincidence, but asking him if he had anything else to say about the rape case right before the cuffs went on would be suspicious to most of us. +++ I keep hearing defense attorneys say that Roberts changed her story after she was arrested by Nifong, but as far as to what she observed that night, has she really changed her story? She's changed her opinion as to whether or not a rape occurred, but I do that a dozen times a day. What has changed other than her opinion?

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#17)
    by Teresa on Thu May 11, 2006 at 04:06:34 PM EST
    Teresa, Teresa, Teresa, I have been reading for a couple of months that the two women met and entered the house together. Where did that come from?
    Mr. Bissey, I think?

    Also, IMAGE 5 is the 90% guy. Sgt: "Percentage wise, what is the likelihood this is one of the gentlemen who assaulted you?" Victim: About 90%. [link deleted, not in html format]

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#18)
    by azbballfan on Thu May 11, 2006 at 04:09:01 PM EST
    Bob:
    If I knew that the police were investigating a rape and I was involved, I would have gotten rid of all her stuff, including fingernails, got the money out of there, and tossed her makeup bag in a landfill.
    Yes, that's what you would do. But these are college aged guys. The Duke Administration had also reported to them that the Police Department wasn't taking the AV seriously. IMHO - I find it strange that the parents wanted the University to do more for the kids. Did they want the University to take action in order to obstruct justice? Strangely, there are people out there who believe that if you pay an institution to educate your kids, you are responsible for protecting them at all costs. The University also has a responsibility to the local community. This is part of the challenge faced by private schools everywhere. Interestingly, at the UC schools, the campus police are state cops with the highest level of jurisdiction. At the state schools, the students know their conduct is held to a higher standard for social responsibility.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#7)
    by Talkleft Visitor on Thu May 11, 2006 at 04:09:40 PM EST
    Yes, skin tissue. Here are the four: IMAGE 4 "He looked like [edited] but I'm not sure." "One of the guys that assaulted me." IMAGE 5 "He looks like one of the guys who assaulted me sort." "He looks just like him without the mustache." IMAGE 7 (Reade Seligmann) "He looks like one of the guys who assaulted me." "100%" "Yes." IMAGE 40 (Collin Finnerty) "He is the guy who asaulted me." "He put his peni* in my anu* and my vagin*."

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#19)
    by Teresa on Thu May 11, 2006 at 04:10:05 PM EST
    Reports are that the skin tissue, attached to the fake fingernail, found in the bathroom trashcan, and "from the same genetic pool" of... is consistent with one of the team captians who lives at that house. These are Matt Zash, Dan Flannery and Dave Evans.
    Where did you here that? I don't think it's Dan because didn't she identify him as the one who paid her and not the one who assaulted her? I might be wrong on that but I assume the guy she id'd as the money guy was a captain since he did the arrangements.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#20)
    by Teresa on Thu May 11, 2006 at 04:11:58 PM EST
    hear, not here. Dang this sinus crap is messing with my spelling.

    TL wrote:
    And if the DNA tests aren't due back until Monday, who's leaking this finding?
    I suspect that Nifong has had the result of the second DNA testing much earlier when a few days ago the news mentioned that the AV's family said that the DA has good news for them. I think this case bothers me a lot not because the boys are white and privilege and the AV is a black stripper, but really that it's so hard to determine whether the prosecution is seeking for the truth or just winning and proving himself.

    RE: "What has changed other than her opinion?" We don't know exactly. It seems that her initial story was that she was in the bathroom with the accuser and then later waited outside in the car as the accuser briefly went back in the house to retrieve her shoe. Later, the story seems to change and instead of the bathroom the two go out to the car (rather than to the bathroom) and are coaxed back in where they are separated and Kim spends twenty inutes searching for the accuser. However, this is all second-hand at this point.

    I don't know what others think, but I think the timing of this "leaking" is interesting. It probably implies that the 3rd player will be charged on Monday.

    Bob in Pacifica posted:
    I keep hearing defense attorneys say that Roberts changed her story after she was arrested by Nifong, but as far as to what she observed that night, has she really changed her story? She's changed her opinion as to whether or not a rape occurred, but I do that a dozen times a day. What has changed other than her opinion?
    Nothing that I can think of.

    azbballfan posted:
    Again, I'm very suprised that no-one is making a bigger deal over how the Duke Administration tipped off the team that the Durham Police were investigating this. It's a sign that the Duke family was looking to take care of it's own.
    Your conjecture is completely absurd. No one is making a bigger deal about it because there is nothing there at all...except in your paranoid mind. 1. The Police give the heads up to people all the time when they are investigating, often asking peole to come in for a chat about an event. 2. If the Durham Police thought they needed the element of surprise they would not have asked Duke to organize the sit down. 3. The Durham PD wanted to interview the team as a whole, obviously they wanted the administration to do the leg work to organize it, and obviously they would know that the administration would inform the players of why. 4. It is utterly unreasonable for the Durham PD to think or expect Duke to maintain some kind of secrecy on PD's behalf. No one has complained that they were "tipped off" and spoiled the investigation. The Durham PD has not lodged that complaint, just you. 5. How do you know that Duke didn't say to the lax team "the Durham PD wants talk to you boys about the party and the strippers." You don't! 6. The three captains had met with the Durham PD for 8 hours well before the team meeting was organized...at least a week. Gee whiz....maybe, just maybe, in the WEEK in between the planned meeting and the interview the CAPTAINS of the team told the team what they were asked about for 8 hours!!!. Nah, that's completely unreasonable....the reasonable explanation is that the Duke family is taking care of its own.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#26)
    by chew2 on Thu May 11, 2006 at 04:20:04 PM EST
    TL
    The completeness of the DNA test isn't really the issue. Let's assume it is a match for the third player. How does it establish a rape? It's really an issue that goes to her credibility. Does it mean she was telling the truth?
    Good points. It doesn't show sexual contact. It does bolster her credibility about the struggle, but the defendant's can claim it was a struggle over money. So what crime could they be charged with? Misdemeanor assault or robbery? Of course, some of their attorneys have made vague statements that "nothing happened". But that doesn't foreclose some of them from now claiming there was a scuffle somewhere.
    Does it rule out that she got angry at them for forcefully taking the money back and later decided to allege a rape?
    The one problem with this is that she was allegedly passed out or impaired after leaving the party, and when she regained some composure at the ER she was "hysterical" about a rape and assault having occurred. Doesn't sound like she "made up the story" at that time to "get back at them" for taking the money back. Maybe for assaulting her.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#27)
    by Teresa on Thu May 11, 2006 at 04:21:08 PM EST
    I don't know what others think, but I think the timing of this "leaking" is interesting. It probably implies that the 3rd player will be charged on Monday.
    I think so too. I'd bet money on it. I wonder if there is a possibility that this is the police source that the detective on Fox referred to? Probably not, but this DNA evidence however small, might get a few to talk and at least give more details.

    On the source, defense lawyers say the tests aren't back yet.
    Defense attorneys did say that they are not sure where the Herald-Sun got its information. They do know that Nifong has not gotten the DNA report back because he has to hand over the results to them as soon as he gets them.
    Did a lab employee squeal?

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#29)
    by Teresa on Thu May 11, 2006 at 04:31:45 PM EST
    Sgt. York, is it normal to interview three guys for 24 hours with very little evidence? This seems like, at least by then, her charge was being taken very seriously.

    Kalidoggie posted:
    Posted by Kalidoggie May 10, 2006 01:03 PM
    Going back to the last thread.....
    Pat, excellent post. Nifong has bothered me the most about this case.
    In addition to your statements, either the Durham Sun or N&O stated that Nifong contacted them and insisted that they write the story about the DNA tests, which we all know started the media storm.
    Kalidoggie, I asked for your source, but you didn't answer, yet. Is this your source? More questions about the lacrosse story
    Another is that The N&O didn't confect this story. The paper was the first to report that DNA tests had been ordered, but Nifong instigated that action. Much of the coverage since has been about developments in the case -- rallies and protests by residents, Nifong's very public insistence that a crime occurred, the players' lawyers' equally vehement claims of innocence, Duke's actions against the team and coach. In other words, reporting the news.


    Yes, it's tissue under the fingernail. I changed the post to reflect that. I heard it on Abrams and it sounded like they were talking about the tissue lying under the fingernail in the trash. I couldn't figure out if it was a paper tissue or not. When they started talking about "secondary transfer" I figured it was a paper tissue. News reports indicate it's human tissue under the fingernail. I haven't seen any reports linking it to the players who lived in the house.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#32)
    by azbballfan on Thu May 11, 2006 at 04:36:32 PM EST
    Kalidoggie: Your points on Duke's cooperation with the investigation after the players stopped cooperating are well taken. My point is that the Duke Administration tipped off the team about an investigation two days before the Durham police served them with a search warrant. It was inapropriate for the University to interfere in an open police investigation. After they realized their mistake, they tried to cover this mistake by asking the boys to cooperate. But this was too little too late as the boys already had secured representation which wouldn't allow it.
    It is utterly unreasonable for the Durham PD to think or expect Duke to maintain some kind of secrecy on PD's behalf. No one has complained that they were "tipped off" and spoiled the investigation. The Durham PD has not lodged that complaint, just you.
    It is not utterly unreasonable. It's very reasonable to expect the University to respect the rights of the community to not interfere in open police investigations. I very much doubt that the Durham PD will file a formal complaint. I'm sure there have been and will be some heated discussions.
    How do you know that Duke didn't say to the lax team "the Durham PD wants talk to you boys about the party and the strippers." You don't!
    Yes I do. I read the Duke report. I don't have the link off hand. Let me know if you want it. The report clearly states that the lacrosse team was told about the investigation two days before the warrant. So the captains and the team had two days to corroborate before they were interviewed for 8 hours. Interestingly, during that interview, they gave a list of everyone who attended the party. A list which did not have Seligmann's name on it. When pictures were released to the media, defense attorneys started to get mad at each other. Sounds like someone's mad that everyone isn't keeping to the story.

    RE: "is it normal to interview three guys for 24 hours with very little evidence?" I don't know that this happened. When were they interviewed for 24-hours? do you mean held for 24-hours before being allowed to post bail? Before the arrest/inditement one generally asks a person to voluntarily answer quetions and I believe several students did that. After the inditement, these students already had lawyers and it's unlikely anyone waived their rights. Normally, if you arrest someone for (say) felony assualt you fill out a Probable Cause request and get it signed by a judge which would give you a 24-hour hold. You must bring the suspect before the court or release on bail before the 24-hours ends. Of course, this state could have a slightly different procedure (I was a deputy in Minnesota).

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#34)
    by Teresa on Thu May 11, 2006 at 04:50:56 PM EST
    I read that the three were interviewed for 24 hours total, 8 hours each. I was curious about the captains' interviews.

    AZ wrote:
    Interestingly, at the UC schools, the campus police are state cops with the highest level of jurisdiction. At the state schools, the students know their conduct is held to a higher standard for social responsibility.
    Interstingly the UC schools are state schools run by CA, hence the state cops. By the way, all the professors and support staff are state employees as well. The state school is part of the state, thus the state's jurisdiction. Also of interest is that private schools have private property and private security...just like any other private citizen, as such there would be no need to have state cops. As for the higher social standard of state school. I guess all those girls gone wild from ASU, UC-Santa Barbara and UCSD were living up to a higher standard of social behavior. Or are you saying they know it but ignore it. The reality is the opposite. It is more difficult to expel a student from a state school/public school for bad behavior than any private school. All government adminsitered/sponsored school must provide due process (i.e., notice and comment) before taking away a government benefit. There is no requirement in a private school because the students are merely paying guests of the private university. Ryan Mcfadden is a prime example. He was suspended by Duke summarily. At a state school, he would have been entitled to a hearing at the very least and would have never been suspended a minute.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#36)
    by azbballfan on Thu May 11, 2006 at 04:53:55 PM EST
    Sgt. York: Maybe someone else can help us here. I thought there was discussion about using the 24 hour hold period and speculation as to why it wasn't used. Wasn't it because the police didn't want to place all the lacrosse players under a 24 hour hold? Also, they didn't have enough evidence at the time the search warrant was issued to get a judge to hold the residents (not enough proof that they were the ones). I had read that the players were interviewed for up to 8 hours. I wonder if the 24 hour reference comes from some simple math (8 x 3 = 24). Thanks for the information on procedures Sgt. York.

    IMHO: Yes, that was the article. The opperative sentence could be written much clearer. As the focus of the article was about reporting, I read it to mean that Nifong "instigated" the reporting of the DNA, but on a second read I can see that it could mean that Nifong instigated the DNA tests that resulted in the N&O reporting it....I assume this is what you would retort. Thanks for looking it up. I tried but could find it.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#38)
    by Bob In Pacifica on Thu May 11, 2006 at 05:18:41 PM EST
    I give up. No one seems to remember where the source of the story of them both initially entering the house at the same time.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#39)
    by azbballfan on Thu May 11, 2006 at 05:18:51 PM EST
    Kalidoggie Sorry, the jurisdiction of state cops goes beyond the boundaries of the university. Unlike Duke University Police, who have no jurisdiction beyond the University and it's bordering streets. (The house happens to be across the street from the University, hence the Duke PD were checking on the license plates). The Duke University PD website states their limited jurisdiction. Thus, making them glamorized baby sitters whose purpose is to ensure that the bill payor's kids don't get hurt and don't get in trouble. Real crimes have to be referred to the Durham PD. I don't know what point you were making about the girls gone wild videos. While they don't make the girls look to be very smart, they're certainly not criminals and aren't doing anything wrong. And the University of California system does expell students for minor crimes and inappropriate behavior. Being publicly funded universities, they are subject to potential scrutiny and lawsuits from civil rights groups. However, I went through the system and know people who were expelled. Unfortunately for them, they weren't breaking the school code of conduct in an act of protest. Private schools are much more reliant upon their alumni and parents for ongoing support. They must carefully consider the ramifications of alienating a class of supporters before taking action. The outcry of some vocal Duke alumni against the University for suspending McFadden is an example. Another example is the WalMart heiress whose parents dedicated a campus building as she was accepted to USC (the Duke of the West). The University found out she was cheating but it wasn't until the gal who went to school for her went to the newspapers that the school was shamed into expelling her (and giving back the money).

    mmyy posted:
    I think this case bothers me a lot not because the boys are white and privilege and the AV is a black stripper, but really that it's so hard to determine whether the prosecution is seeking for the truth or just winning and proving himself.
    No one that knows him has questioned his ethics. For having worked in the DAs office for 27 years, he doesn't seem to have made many enemies.

    imho, if there was lemon-zest quantity skin tissue under the nail, wouldn't the state lab have been able to do the DNA match without sending it to the private lab? Or is skin tissue in itself more difficult to test? I am wondering if the Durham PD strongly supports Nifong. If they love him (which why wouldn't they, he seems to have had an unblemished and honorable career) and had objections to another candidate, they might have wanted to do all they could to make this case work in his favor.

    Kalidoggie posted:
    Yes, that was the article. The opperative sentence could be written much clearer. As the focus of the article was about reporting, I read it to mean that Nifong "instigated" the reporting of the DNA, but on a second read I can see that it could mean that Nifong instigated the DNA tests that resulted in the N&O reporting it....I assume this is what you would retort.
    Thanks for looking it up. I tried but could find it.
    Kali, I read that sentence about twenty times and could see it going either way, so I e-mailed the writer, Ted Vaden. He said he thought it could have been written clearer and that Nifong instigated the court ordered DNA tests, not the paper's coverage of it.

    Kali, p.s. when I read it the way you did, I admit it did rile me up a bit (even though I am married to Nifong - according to Orinoco). Do they have same sex marriages in N.C.?

    Del posted:
    imho, if there was lemon-zest quantity skin tissue under the nail, wouldn't the state lab have been able to do the DNA match without sending it to the private lab? Or is skin tissue in itself more difficult to test?
    I have no idea how much tissue they had. I assumed the inconclusive result they came up with the first time around was due to a mixed sample (maybe her DNA mixed with the suspect DNA). My lemon zest example could be done with a very tiny sample, one only clearly observable under magnification.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#45)
    by Teresa on Thu May 11, 2006 at 06:03:03 PM EST
    I give up. No one seems to remember where the source of the story of them both initially entering the house at the same time.
    I think it's Bissey, Bob. I checked the warrants again and it says she arrived at the residence and "joined" the other dancer. It doesn't say they were outside.

    I'll bet that the reason for complicated testing was a small sample, the sort that people often get by gently raking someone's neck with fingernails during lap dances, slow dances, or even scuffles (which no one has ruled out). Or the complicated testing was that it is not a clear match but "consistant" (i.e. can't rule him out). If the innocence project had a DNA match of that type on a death row inmate, they'd be screaming for his release.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#47)
    by azbballfan on Thu May 11, 2006 at 06:12:51 PM EST
    Regarding the DNA testing. The initial test results were of the fluid samples taken from the AV. At the time they were announced, there were news reports of additional tests pending. Apparently CIS has the ability to do fluid tests, but not skin and hair. Fluids seem to be the quickest, then skin and hair folicles (live DNA), then hair (mitochondrial). Some of the defense team claim the fluid tests all came back negative. Now we hear speculation about the skin tests coming back positive and that the hair didn't have a folicle. I hope that covers the questions.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#48)
    by azbballfan on Thu May 11, 2006 at 06:14:20 PM EST
    Oops, should have read: "SCI"

    rogan1313 posted:
    I'll bet that the reason for complicated testing was a small sample, the sort that people often get by gently raking someone's neck with fingernails during lap dances, slow dances, or even scuffles (which no one has ruled out).
    I'll bet that the reason for complicated testing was a small sample, the sort that people often get by gently raking someone's neck with fingernails while they are being strangled.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#50)
    by chew2 on Thu May 11, 2006 at 06:46:38 PM EST
    Azbballfan,
    The initial test results were of the fluid samples taken from the AV. The initial test results were of the fluid samples taken from the AV.
    What fluids were there on the AV? Semen? The defense lawyers apparently implied there was none. So what else? Are there any reports as to what fluids?

    Oops, should have read: "SCI"
    I think it's SBI.

    If indeed this player X who has an "imperfect" match, is the one of the 3 attackers picked by accuser in the photo lineup , let's make a simple probability calculation. The probability that player X was "randomly" selected by accuser as her attacker, is: 3/46. The probability that this "imperfect" match excluded every player but him is: 1/46 The probability that he has an "imperfect" match AND randomly selected is 1/46 * 3/46 = 1/705 which means 0.14%. Wow, this player X should be a freaking unlucky guy.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#53)
    by Teresa on Thu May 11, 2006 at 06:53:14 PM EST
    Oops, should have read: "SCI" I think it's SBI.
    lol. I'm glad I'm not the only one having typing/thinking problems tonight.

    perhaps lucky player X was the guy who tried to catch the AV when she stumbled and got his arm scratched

    Larry, Read again carefully. The odds is still 1/705 regardless how that DNA came on her nails.

    larry posted:
    perhaps lucky player X was the guy who tried to catch the AV when she stumbled and got his arm scratched
    And she mistook his galant gesture as an attempt to strangle her.

    I didnt add the probability of her nail meeting his skin tissue in the trash can.

    AZ: I don't necessarily disagree with you about alumni influence, but I would argue that it also occurs at state schools (football bosters have been doing it fo years) maybe just not as often at private schools. The issue of student/alumini behavior has nothing to do with state v. private, which you implied. I also think you have a pre-disposition to assume private schools are nefarious, but we've already been through that a few weeks ago. IMHO: That was funny. Your alleged marriage with Nifong may be in trouble though, he very well may be cheating on you with the AV.

    Hicht posted:
    I didnt add the probability of her nail meeting his skin tissue in the trash can.
    Can you run those numbers for us?;)

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#60)
    by azbballfan on Thu May 11, 2006 at 07:29:35 PM EST
    chew I'm not sure I can directly answer your question, but here's what I know. I read a SANE manual from another hospital in NC. It tells the nurse to ask for permission to take fluid swabs. Once granted, the SANE nurse is instructed to take swabs from various parts of the female anatomy. These swabs would provide the "fluid" DNA samples to take. The lab report would later tell if there was any semen present. Based upon the timeline of defense attorney announcements, I suspect that they found out all the swabs came back with no signs of semen when the initial DNA results were released to them. I don't know if anyone cares, but the SANE manual also instructs the nurse to examine under the patient's fingernails to look for dangling tissue like skin from what could have been a struggle. It instructs the nurse to collect any such tissue. What I found strange was that the manual emphatically instructed the nurse to NOT (emphasis theirs) scrape under the nails for samples. Thus, there should have been visible evidence of skin tissue for DNA tests to have been run. Hicht, thanks for the quick statistics lesson. Once you divide this by the meaningful DNA accuracy statistic, the odds of a false positive are going to be astronomical. Finally, SBI, SBI, SBI, SBI (okay, I'll do the remaining 296 offline)

    What I found strange was that the manual emphatically instructed the nurse to NOT (emphasis theirs) scrape under the nails for samples.
    I'm guessing the scraping could cause the victims dna to be commingled with the suspect DNA. In this case the S.A.N.E. nurse never got near this fingernail, it was found at the house.

    "Consistent with" on a DNA sure sounds like "might have been" to me. So what we have is that an extensive thirty minute rape yields one "might have been" of skin on one fingernail. Whatever the SBI tested (fluids?) must have had something in it, and it wasn't DNA from the 46. Was it someone else's DNA, or was there really no foreign body DNA on this woman's body, which is why the discarded fingernail is today's headline. Was there an actual scientific report released detailing what CBI did not find (i.e. no sperm) or were the results of the CBI report filtered to the press. Foreign sperm would be very bad for this case, and Nifong would do well to publicly suppress this for now, though if the CBI scientific report is available through a link I'd stand corrected. Remember--Nifong was SURE that the CBI liquid tests would find something. There are field tests that detect sperm in a lab; wouldn't the hospital or CBI have looked at the AV's vaginal fluids before doing DNA? Nifong sure didn't act like someone who would be reduced to relying on DNA accidentally found in a trashcan.

    Hicht, You wrote to Larry:
    Read again carefully. The odds is still 1/705 regardless how that DNA came on her nails.
    I'm not much good at evaluating probability models, but my assumption would be that if player x was actually scratched by the defendant, as Larry suggested, the chance that that the "imperfect" match would exclude every player but him would start to approach 1, and, the chance that the accuser could pick him randomly out of the lineup as one of her three suspects would approach 3/46... It will be interesting to see whether suspect #3 has a story to account for his dna being under the fingernail, if that winds up being what the forensics reveal, because if he doesn't I would think a mathematically minded jury might well reasonably convict him on probabilistic grounds alone.

    rogan1313,
    Whatever the SBI tested (fluids?) must have had something in it, and it wasn't DNA from the 46. Was it someone else's DNA, or was there really no foreign body DNA on this woman's body, which is why the discarded fingernail is today's headline.
    That fluid test might not include any semen sample like you are suggesting. One of the evidence picked from the house was a bottle of lubricant. It is very likely if they made a test like that they have tested lubrication in victim's body fluids.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#65)
    by Teresa on Thu May 11, 2006 at 08:19:27 PM EST
    I love the way Tucker plays an earlier clip to hold his guest's feet to the fire and ignores his own wrong conlusions. (And I despise Wendy Murhpy.)

    I wrote:
    My assumption would be that if player x was actually scratched by the defendant, as Larry suggested, the chance that that the "imperfect" match would exclude every player but him would start to approach 1, and, the chance that the accuser could pick him randomly out of the lineup as one of her three suspects would approach 3/46...
    If player x does have a story to account for his dna winding up under the accuser's fingernails, I would think he would also not argue that his name was chosen at random by the accuser. He would argue that he was targeted. The "scuffle for money" defense, (which TL raised early on in this discussion) has as its major weakness that it doesn't account for the sexual injuries to the accuser. Proposals that have been suggested so far to account for these injuries are "what if" type proposals. Jurors don't care much for fantasy defenses. So that's the risk the players face.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#67)
    by Lora on Thu May 11, 2006 at 08:28:00 PM EST
    I wonder if anyone has looked at 90%'s arm? Also, could another different DNA test be forthcoming Monday?

    rogan1313 posted:
    Was there an actual scientific report released detailing what CBI did not find (i.e. no sperm) or were the results of the CBI report filtered to the press. Foreign sperm would be very bad for this case, and Nifong would do well to publicly suppress this for now, though if the CBI scientific report is available through a link I'd stand corrected.
    DNA clears players, lawyers say; DA vows to continue Duke inquiry
    The results, the lawyers said, show that investigators collected no genetic material of any kind from the woman. "There was no DNA found in or on her that would indicate that she recently had any sex," Cheshire said.
    I took this to mean no semen was found in or on her. The defense has had the results of the SBI lab results for a month. They selectively released the results to the public and refused media requests to release the report. The prosecution is prohibited from releasing the report.

    Hicht But the lubricant, if lubricant was found on the AV, must have something in it, even if it is little wood splinters from a broomstick :( Also, lubricant would probably dissolve at least tiny bits of latex, though maybe not enough to poke through it. Lubricant is kinda mucky-male pubic hairs or skin that comes in contact with it while thrusting (even with condom on) can be absorbed and held in place. Shouldn't there be at least SOMETHING on the person of the AV as far as DNA goes? Either Nifong was bluffing completely or he's hiding something about the first DNA testing, because he was way too sure of himself. Since he panicked into the phony ID after the first round, I'm not so sure about the bluff theory.

    PB, Reviewing more carefully my calculation is good only if people claims his DNA meet her fingernails by chance, like their earlier suggestion nails and tissue came together in the trashcan. So that calculation shows that it is very far possibility that tissue and nails came together by chance. Player X have to give a logical explaining why dancer scratched him.

    Posted by Lora:
    I wonder if anyone has looked at 90%'s arm?
    This blog: DUKE NEW SENSE CONSERVATIVE DUKE STUDENTS BLOG ON COMMUNITY AND COUNTRY copied part of this WRAL story before it was edited out and a correction was added:* Players Identified by Scratches From a local television station:
    An exotic dancer who says three Duke lacrosse players raped her may have identified two of them based on photographs that show scratches on their bodies, a defense attorney said Wednesday.
    The attorney said that when 46 members of the lacrosse team submitted court-ordered DNA samples last month, they were also photographed without their shirts.
    *- Editor's Note: A previous version of this article mistakenly cited defense attorney Bill Cotter as the source of information concerning how a woman may have identified the two men in this story. Cotter, however, was not the source of the information obtained by WRAL.


    PB, You totally confused me, That calculation in my post shows that even that "imperfect" DNA match is confidently pointing to one player. You are also agreeing with that. How his DNA came under her nail is totally different question.

    I see PB caught the headline on the Drudge Report, but it hadn't made the google cache yet: Posted by PB April 20, 2006 04:00 PM

    Hicht, You wrote:
    Reviewing more carefully my calculation is good only if people claims his DNA meet her fingernails by chance, like their earlier suggestion nails and tissue came together in the trashcan.
    Even if the DNA did meet her fingernail by chance, we really don't have a very good reason to assign the 1/46 value to that chance. It's totally unreasonable to assume that each of the 46 players had an equivalent chance of getting their dna under the accuser's fingernails. That's why suspect #3's story will be an extremely important component of his defense. If her story fits the forensic evidence too much better than his does, he'll be going down.

    Hicht, You wrote:
    You totally confused me, That calculation in my post shows that even that "imperfect" DNA match is confidently pointing to one player. You are also agreeing with that. How his DNA came under her nail is totally different question.
    Ah, you confused me first, I think. You only meant to discuss the question of whether player x might have wrongfully not been excluded along with the others by the partial dna result. I see what you're getting at, I think, and I appreciate your argument. Unlucky indeed.

    PB, There is a misunderstanding. See my latest post. That probability calculation is too show even if there is a imperfect "match", that match points to that one player with a high probability. If she scrachted her while she was falling down like Larry said and that probability approached from 1/46 to 1/1 then that 1/1 is the result that I was trying to get.

    PB, I am glad we agreed,

    Hecht, I take it back. I'm still confused... I'm closing in on understanding your claim, but I don't get this...
    The probability that this "imperfect" match excluded every player but him is: 1/46


    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#79)
    by azbballfan on Thu May 11, 2006 at 09:18:50 PM EST
    IMHO I recall a story coming out just after the quote by the defense attorney that the pictures used in the lineup were not the ones taken without their shirts. Does anyone have the articles?

    PB, They compared 46 players DNA with the unknown DNA under her nail. It mismatched 45 players, but partially matched one player. What is the probability player X is that guy that partially match is 1/46 assuming he is just unlucky.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#81)
    by chew2 on Thu May 11, 2006 at 09:33:18 PM EST
    Azbballban,
    I recall a story coming out just after the quote by the defense attorney that the pictures used in the lineup were not the ones taken without their shirts. Does anyone have the articles?
    You can read the transcript of the identification process. I posted the link in the last thread. If I recall correctly the police took "mug shot" type photos of the team members when they came in for the DNA testing. Those were the photos used in the identification process with the AV.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#82)
    by Teresa on Thu May 11, 2006 at 09:36:53 PM EST
    But defense attorneys said the third player accused lived at the house and it is no surprise that trace amounts of his DNA could be found inside his own trashcan. They also said they don't believe the type of fingernails that were found -- the kind that are applied with an adhesive strip -- actually ripped off during an attack. They don't believe the fingernails were ever applied and they say they have pictures to prove it.
    90% guy seems to be a resident of the house. Leaves more room for doubt now. www.nbc17.com

    Hicht, You wrote:
    What is the probability player X is that guy that partially match is 1/46 assuming he is just unlucky.
    Very sharp. Math is great. We don't even have to know how partial the dna result is and we can already make serious statements about the unluckiness of this fellow. Thank you for that quantification.

    But defense attorneys said the third player accused lived at the house and it is no surprise that trace amounts of his DNA could be found inside his own trashcan. They also said they don't believe the type of fingernails that were found -- the kind that are applied with an adhesive strip -- actually ripped off during an attack. They don't believe the fingernails were ever applied and they say they have pictures to prove it.
    Oops. The defense attorneys are trying to make the argument that this particular player's dna wound up under her fingernail by chance. I think that could well be the "own goal" defense clients hate most.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#85)
    by Teresa on Thu May 11, 2006 at 10:02:36 PM EST
    The defense attorneys say the nails were never applied. I guess it should be easy to tell if they are used or new.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#86)
    by Teresa on Thu May 11, 2006 at 10:07:30 PM EST
    If her other nails have "mixed DNA" as we heard from the first test, and this only has only DNA from the guy who lives there, the defense will eat that up. I wish we knew if the mixed inconclusive DNA was from her real nails rather than a fake one.

    Teresa posted:
    The defense attorneys say the nails were never applied. I guess it should be easy to tell if they are used or new.
    I agree, the adhesive would show signs of having been pressed againt her natural nails, but it seems they aren't even going there:
    They don't believe the fingernails were ever applied and they say they have pictures to prove it.


    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#88)
    by Teresa on Thu May 11, 2006 at 10:33:24 PM EST
    imho, everything I've read says some of her nails were missing from the beginning. I haven't read anywhere that all of them were. I do think it is significant if that one nail has only one person's DNA and the rest have a mixture. Of course, if it has never been applied, I guess it is a transfer. It will be interesting to see on Monday if the probably indicted guy is a captain since the attorneys say the 90% guy lives there.

    One of the reasons the Cheshire may currently be fairly well trapped into making these "chance" arguments regarding how the dna got where it did is that the police have already interviewed his client for eight hours, locking him into a particular story that perhaps did not include any scratching or lap dancing with the accuser.

    One of the reasons the Cheshire may currently be fairly well trapped into making these "chance" arguments regarding how the dna got where it did is that the police have already interviewed his client for eight hours, locking him into a particular story that perhaps did not include any scratching or lap dancing with the accuser.
    Good point. If all these leaked information is true he is sweating a lot now. I am not an expert but I think these people in the lab should be able to say if a skin tissue attached to the nails by scratching or not.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#91)
    by azbballfan on Thu May 11, 2006 at 11:48:21 PM EST
    Chew2, Yea, there were reports of the defense team reporting on the manner of the photo lineup which I thought said the photos were regular 'mug' shots. Which, I happen to interpret to mean that they weren't torso and head shots without shirts. But then again, now I find myself guilty of slight speculation. Being that I try to hold the posters to a higher standard, I'll say that we need more information to better understand whether or not the players were targeted due to visible scars. (All that said, lacrosse players are pretty rough players and visible scars on their bodies are more likely to be from practice or games. Shoot, basketball is very tame in comparison, but back when I was playing, I can't remember EVER being free of scars from play.)

    Actually I was wondering why defense didnt use consensual sex argument in their defense. That argument could make the case easier than it is now for them. If the 3rd accused is one of the captains like speculated now and gave 8 hour interview, he sure locked the defense with his version of story.

    Re: Duke Lacrosse: DNA on Tissue Consistent With (none / 0) (#93)
    by azbballfan on Fri May 12, 2006 at 12:45:22 AM EST
    Hicht, Good point. I've thought about this a bit. Taking into consideration the posistion of the defenders' parents, I doubt they will ever admit to consentual sex. Both fathers attempt to maintain an elite status as equity analysts in their fields of specialty. I do not discount the impact of the accused parents' will to maintain an image on this case. Regardless of what the 'real' public opinion is, I've personally seen too many 'medium profile' cases where everyone agreed to allow a certain perception of the facts to endure by hiding facts.

    azbballfan, This a life and death case for these people's children. I am having hard time to understand they could jeprodize their life for their image. Additionally if they lose the case it will be much bigger image damage for them compared to sleeping with a hooker. I think even though defense is trying to act like they are confident that this case wont go to court, indeedthey know the seriousness of the situation. I still speculate the main reason is third accused's interview with the police.

    I wrote: One of the reasons the Cheshire may currently be fairly well trapped into making these "chance" arguments Actually, I don't mean Cheshire... I believe the captains are represented by either Sutton or Williams.

    The defense has said that no sex took place, and I believe them. What people are suggesting is leaving some doors open that their clients said did not happen. That is unethical.... There was ne sex in that house with this accuser, and the justice system is not going to make sex happen back on that date. The defense played their case right, they have been honest, and personally, I dont see why they should say sex happened when their clients told them it didnt. We have not caught the players in a lie yet, other than them using a fake name to get the strippers.... Lawyers dont keep open doors for their clients. If sex happened then the credibility of the players goes down the drain. So far I have seen no evidence that shows me that sex happened in that house. And if this new BS DNA evidence of the guy who lives in the house is the bombshell that the DA has, he is in big big trouble. Of course the guy who lives there is going to have his DNA on the fingernails thrown in the trash... Now show me his scratch marks? This to me is a wast of money, just arrest the stripper, and drop this case.

    Arrest no ploy, DA says
    It is common practice for police to run the names of people involved in a case because they don't want any surprises when the case goes to court, police spokeswoman Kammie Michael said Thursday.


    Supermike, I was speculating on defense tactics assuming rape occured. If they are innocent those speculations doesnt apply. I realize that there are a lot of people out there who wants to prevent these woman's right to take her accusation in front of court of justice. At least you want just woman's arrest, it looks like there are people ready to hang her because she made accusation to these boys.

    If the second round round of DNA tests implicate Dave Evans (one of the three captains) this explains why Nifong charged him last week (with the old case of "open beer can in the back of his car"). He wanted to taint his criminal record to increase the chances of conviction i.e. he did not want the lawyers talking about how he was a clean-cut guy.