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By ALLEN G. BREED, AP
DURHAM, N.C. (Dec. 15) - A judge ordered a paternity test Friday for the accuser in the Duke lacrosse rape case, even though both prosecutors and defense attorneys agree there's no chance one of the three indicted players could be the father.
"We know that it is impossible for any of these young men to have fathered that child because none of them ever touched her," said defense attorney Joseph Cheshire. "And we also wanted to let you know that we weren't afraid of that."
District Attorney Mike Nifong said reports of the child's birth were premature. The woman is due in the first week in February, he said, which ruled out the three defendants as the possible father. But he agreed a paternity test should be conducted to silence any doubts about a connection to the case.
News of the pregnancy threatened to overshadow a lab director's admission that, following an agreement with Nifong, he violated his own procedures and withheld results showing none of the players' DNA was found on or in her body.
Dr. Brian Meehan, of DNA Security Inc., said he and Nifong met and agreed only to include DNA matches in a report on the testing. Left out was information about people the DNA tests excluded, including the fact that no genetic material from any member of the lacrosse team was among that from several males found in the accuser's undergarments and body.
"We are extremely troubled by that," Cheshire said. "We will get all of what was said today, and we will look at it, and we will review it and we will act on it."
The woman, a 28-year-old student at North Carolina Central University, has said the three men raped her in a bathroom at a March 13 team party where she was hired to perform as a stripper.
Testimony at a procedural hearing Friday largely focused on a defense request for more information about DNA testing conducted at Meehan's lab. Cheshire and the other defense attorneys also asked that the trial, which isn't likely to begin until spring, be moved outside of Durham County because publicity may have biased potential jurors.
Attorneys for players Dave Evans, Collin Finnerty and Reade Seligmann have stressed for months that no sex occurred at the party, and they have often cited the lack of DNA evidence in the case.
With all three players present and other team members looking on from the jury box, Meehan testified Friday that when he issued a report on his DNA findings in May, it only included some results. He said Nifong, whom he referred to as "the client," wanted to know if any of the specimens collected from the players matched the evidence, "and that's the report we gave him."
Defense attorney Brad Bannon, who represents Evans, suggested that since Meehan knew this was a rape case involving multiple assailants, and that negative tests could be considered exculpatory, he should have reported that.
"Wouldn't it tend to negate the guilt of someone accused of raping someone?" Bannon asked.
"No," Meehan replied. "It's a CSI effect. ... If their DNA's not there, it doesn't mean they were not there."
Meehan acknowledged the report "diverges from the letter of that standard," but he said he wasn't attempting to withhold information. He said he was concerned about sensitive, private information leaking out.
"He (Nifong) didn't ask me explicitly to exclude that," Meehan said. "I was just trying to do the right thing."
The judge scheduled a Feb. 5 hearing on the defense requests to move the trial and to throw out the accuser's identifications of the players. The defense has argued investigators violated procedure by showing the woman only photos of lacrosse players, and they want the judge to prevent the accuser from identifying the players from the witness stand.
The February hearing might also be the first time the players and their accuser will come face to face since the party. Nifong said she will have to be there to testify about the identification process, and Cheshire said the thought of questioning her in person made him feel "maybe like a 5-year-old at Christmas."
The sixth-floor grand jury room where the hearing was held was packed, with people lining the walls. In addition to the other lacrosse players, former coach Mike Pressler was there to show his support.
"Our loyalty to each other remains and my wife and I are here to support the boys," said Pressler, who was forced to resign amid the scandal. "I believe in the truth."
Also Friday, officials at Duke addressed the case for the first time in weeks, telling The Associated Press the university continues "to believe that the students should be considered innocent until proven otherwise."
"We have said on numerous occasions that we must rely on the legal process and the courts to determine the truth and to protect the rights of all individuals involved," said John F. Burness, Duke's senior vice president for public affairs.
Evans has graduated from Duke; sophomores Finnerty and Seligmann were suspended following their indictments.
Associated Press writers Samuel Spies in Durham and Aaron Beard in New York contributed to this report.
DURHAM, N.C. (Dec. 15) - A judge ordered a paternity test Friday for the accuser in the Duke lacrosse rape case, even though both prosecutors and defense attorneys agree there's no chance one of the three indicted players could be the father.
"We know that it is impossible for any of these young men to have fathered that child because none of them ever touched her," said defense attorney Joseph Cheshire. "And we also wanted to let you know that we weren't afraid of that."
District Attorney Mike Nifong said reports of the child's birth were premature. The woman is due in the first week in February, he said, which ruled out the three defendants as the possible father. But he agreed a paternity test should be conducted to silence any doubts about a connection to the case.
News of the pregnancy threatened to overshadow a lab director's admission that, following an agreement with Nifong, he violated his own procedures and withheld results showing none of the players' DNA was found on or in her body.
Dr. Brian Meehan, of DNA Security Inc., said he and Nifong met and agreed only to include DNA matches in a report on the testing. Left out was information about people the DNA tests excluded, including the fact that no genetic material from any member of the lacrosse team was among that from several males found in the accuser's undergarments and body.
"We are extremely troubled by that," Cheshire said. "We will get all of what was said today, and we will look at it, and we will review it and we will act on it."
The woman, a 28-year-old student at North Carolina Central University, has said the three men raped her in a bathroom at a March 13 team party where she was hired to perform as a stripper.
Testimony at a procedural hearing Friday largely focused on a defense request for more information about DNA testing conducted at Meehan's lab. Cheshire and the other defense attorneys also asked that the trial, which isn't likely to begin until spring, be moved outside of Durham County because publicity may have biased potential jurors.
Attorneys for players Dave Evans, Collin Finnerty and Reade Seligmann have stressed for months that no sex occurred at the party, and they have often cited the lack of DNA evidence in the case.
With all three players present and other team members looking on from the jury box, Meehan testified Friday that when he issued a report on his DNA findings in May, it only included some results. He said Nifong, whom he referred to as "the client," wanted to know if any of the specimens collected from the players matched the evidence, "and that's the report we gave him."
Defense attorney Brad Bannon, who represents Evans, suggested that since Meehan knew this was a rape case involving multiple assailants, and that negative tests could be considered exculpatory, he should have reported that.
"Wouldn't it tend to negate the guilt of someone accused of raping someone?" Bannon asked.
"No," Meehan replied. "It's a CSI effect. ... If their DNA's not there, it doesn't mean they were not there."
Meehan acknowledged the report "diverges from the letter of that standard," but he said he wasn't attempting to withhold information. He said he was concerned about sensitive, private information leaking out.
"He (Nifong) didn't ask me explicitly to exclude that," Meehan said. "I was just trying to do the right thing."
The judge scheduled a Feb. 5 hearing on the defense requests to move the trial and to throw out the accuser's identifications of the players. The defense has argued investigators violated procedure by showing the woman only photos of lacrosse players, and they want the judge to prevent the accuser from identifying the players from the witness stand.
The February hearing might also be the first time the players and their accuser will come face to face since the party. Nifong said she will have to be there to testify about the identification process, and Cheshire said the thought of questioning her in person made him feel "maybe like a 5-year-old at Christmas."
The sixth-floor grand jury room where the hearing was held was packed, with people lining the walls. In addition to the other lacrosse players, former coach Mike Pressler was there to show his support.
"Our loyalty to each other remains and my wife and I are here to support the boys," said Pressler, who was forced to resign amid the scandal. "I believe in the truth."
Also Friday, officials at Duke addressed the case for the first time in weeks, telling The Associated Press the university continues "to believe that the students should be considered innocent until proven otherwise."
"We have said on numerous occasions that we must rely on the legal process and the courts to determine the truth and to protect the rights of all individuals involved," said John F. Burness, Duke's senior vice president for public affairs.
Evans has graduated from Duke; sophomores Finnerty and Seligmann were suspended following their indictments.
Associated Press writers Samuel Spies in Durham and Aaron Beard in New York contributed to this report.
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