Lab in lacrosse case found many DNA sources

A private laboratory hired by the prosecution in the Duke lacrosse case failed to report that it found DNA from multiple males in the accuser's body and underwear, according to a defense motion filed today.

The lab, DNA Security of Burlington, found that the DNA did not match the three defendants, their lacrosse teammates or anyone else who submitted their DNA to police, including the accuser's boyfriend.

The new evidence emerged in thousands of documents handed over to the defense in October.

"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," said the motion, which was signed by lawyers for all three defendants.

"There is not a single mention of this obviously exculpatory evidence in the final DNA Security report."

Three former players -- Dave Evans, 23, of Bethesda, Md.; Collin Finnerty, 20, of Garden City, N.Y.; and Reade Seligmann, 20, of Essex Fells, N.J. -- are charged with rape, kidnapping and sexual offense. The three have said they are innocent.

The accuser, an escort service worker, was one of two women hired to dance at a lacrosse team party in March. The accuser said she was gang-raped by three men in a bathroom over a 30-minute period. She told nurses that she was raped anally, orally and vaginally, that one or more of the men ejaculated, and that her assailants did not wear condoms.

Early on the morning of March 14, a few hours after the party, a doctor and nurse at Duke Hospital examined the woman and collected standard evidence for a rape kit: a pair of panties, hair and swabs of the woman's orifices.

On March 28, the lab at the State Bureau of Investigation tested the rape kit items and found no evidence of semen, blood or saliva, according to SBI records.

On April 4, after meeting with District Attorney Mike Nifong, Durham police investigator Michele Soucie called DNA Security to ask whether the laboratory could do any additional testing of the evidence, according to Soucie's handwritten notes.

Dr. Brian Meehan, director of DNA Security, said his lab could do Y-chromosome testing, which is more sensitive than the tests performed by the SBI lab. The tests isolate cells containing a Y chromosome from the sample, thereby analyzing only DNA contributed by males.

The lab would test the swabs and panty stains for DNA and match any results to the 46 players, the accuser and any other DNA samples collected by police.

Meehan told the investigator that he "can possibly adjust prices because they would really like to be involved in case," Soucie's notes say.

On April 8, 9 and 10, DNA Security found DNA from multiple males on the panties and rectal swab from the rape kit; none matched the lacrosse players.

On April 10, Meehan met in his office with Nifong and the two lead investigators in the case, Sgt. Mark Gottlieb and Investigator Benjamin Himan.

On April 18 and 19, DNA Security ran tests on pubic hair from rape kit; multiple male DNA was found that did not match the players or any other sample taken by police, the motion said.

On April 20 or 21, Meehan again met with Nifong and the two investigators in his Burlington office.

Meehan included none of these DNA results in his final report to Nifong on May 12.

The report violated DNA Security's own policies, which state that reports shall include "results of every DNA test," according to a copy of the policy filed with the motion.

Citing the state's open-file discovery law and the U.S. Supreme Court's requirement for prosecutors to hand over all helpful evidence to the defense, the defense lawyers asked the judge to order Nifong and the lab to provide copies of all laboratory analyses, including those performed after May 12.

Nifong did not immediately return calls for comment. Meehan said he could not comment on the case without first carefully reviewing his files.