By John Stevenson : The Herald-Sun
[email protected]
Jul 31, 2006 : 9:22 pm ET
DURHAM -- Semen found in the house where three Duke lacrosse players allegedly raped an exotic dancer matches the DNA of two team members, but lawyers disagree about its potential impact on the unfolding case.
The previously undisclosed matches, one involving indicted rape suspect David Evans and the other involving a player not charged, have been confirmed by several sources close to the case.
According to the sources, semen on a towel was DNA-linked to Evans.
The towel was retrieved from a hallway at 610 N. Buchanan Blvd., where Evans, Collin Finnerty and Reade Seligmann are accused of raping an exotic dancer during an off-campus lacrosse party in mid-March.
The towel also contained non-semen-based DNA from someone else, the sources said. They said the other DNA did not match the alleged rape victim or any of more than 40 Duke lacrosse players who gave bodily samples for analyses.
The implication is that Evans had sex with someone other than the accuser, then used the towel to clean himself, defense sources contend.
The only previously reported DNA link to Evans involved a fake acrylic fingernail found in a trashcan at the North Buchanan Boulevard house.
Tissue "consistent" with Evans' genetic makeup was on the fingernail, but the match was not 100 percent conclusive, earlier reports indicated.
The sources said that, in addition to the Evans connection, semen from an unindicted lacrosse player was discovered on the bathroom floor -- the same bathroom where the exotic dancer claimed she was raped.
Attorneys disagree on the impact of the new DNA information.
Some say it shouldn't be taken too seriously.
If the exotic dancer's claim that she was raped without condoms, sodomized and beaten is true, the lawyers reason, some of her DNA would have been found in the bathroom, and DNA from the suspects would have been left in or on her body and clothing.
But extensive testing reportedly turned up no DNA from the accuser at 610 N. Buchanan Blvd. And the only semen found inside her was from someone other than a Duke lacrosse player, defense lawyers have said, citing information they received from District Attorney Mike Nifong.
The source of that semen is thought to be the woman's boyfriend.
Nifong did not respond to a request for comment for this article. Attorneys for Evans had no comment.
"It means nothing," said veteran defense lawyer Mark Edwards, who is not involved in the case. "These are college-age males full of testosterone. So what if there is semen found in the house? If the accuser's story was true, their semen should have been found in her, too."
Lawyer Bill Thomas, who represents an unindicted lacrosse player -- but not the one whose semen was discovered on the bathroom floor -- agreed.
"Every person who uses a bathroom on a daily basis will have his DNA present in that bathroom in some form," Thomas said. "But in this case, none of the accuser's DNA whatsoever was found. The only significant DNA is semen from a third party unconnected to the case. There still is no evidence whatsoever linking any of these [lacrosse players] to allegations made by the accuser."
Lawyer Kerry Sutton, also representing an unindicted lacrosse player, said essentially the same thing.
"Finding a healthy young man's semen or DNA on a towel near his bedroom or in his own bathroom couldn't possibly be less shocking," she said. "It would be more surprising if you didn't find it."
But not everyone thinks the semen evidence is unimportant.
Lawyer John Fitzpatrick, who is not connected to the lacrosse case and who teaches periodically at the UNC School of Government in Chapel Hill, said Monday it could have great impact for the prosecution.
"If there is semen there that matches one or more of the players, I think it's crucial," he said. "It is evidence to show that some kind of orgasm occurred. It gives more credence to the prosecution's theory that something happened. It is a potential link to a crime. It is a big thing.
"The prosecution can say the semen was there because the alleged victim was right. Of course, the defense will probably try to explain it by saying the guys just masturbated."
N.C. Central University law professor Irving Joyner also said Monday the semen evidence should not be automatically discounted.
"It would tend to support the prosecution's case," he said. "Of course, the prosecution will need to establish how the semen got there and its relevance to the young lady. There are still some hurdles, but this will help the prosecutor. The defense will have to go some lengths to explain it."
At the same time, Joyner said the previously unreported evidence "would not be conclusive."
"There are plenty of ways the semen could have wound up there," he said.
Details about the previously unreported DNA matches were included in more than 1,800 pages of documentation Nifong provided to the defense team.
Evans, Finnerty and Seligmann are free under $100,000 bond each as they await a trial that is projected to begin during the first half of next year.
All contend they are innocent. Seligmann's lawyers say he has an airtight alibi: telephone, taxicab and bank ATM records indicating he was otherwise occupied around the time of the alleged rape.