The Duke Case

Lesley Stahl Talks To Parents Of Accused, Prosecution Forensics Expert

(CBS)  When Durham District Attorney Mike Nifong recused himself from the Duke lacrosse case and was replaced by a special prosecutor Saturday, it was the culmination of months of questions about the D.A., going back to Ed Bradley's story on the case last October. Originally, three white lacrosse players – Collin Finnerty, David Evans and Reade Seligmann – were accused of raping an African-American stripper.

Nifong was forced to drop the rape charges last month when the woman changed her story. The three still stand accused of sexual assault and kidnapping. Now, for the first time, their parents speak out together in an interview with correspondent Lesley Stahl.

And Stahl speaks to the forensic expert who changed the course of the case when he testified that he and the D.A. knew – but did not report – crucial DNA evidence that could help exonerate the defendants, whose DNA was never found in the accuser.

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Dr. Brian Meehan was hired by District Attorney Mike Nifong to conduct DNA testing on evidence collected hours after the alleged attack last March. What Meehan discovered in his lab has undermined the prosecution's case because he found DNA on the rape kit and the accuser's underwear that belonged to at least four unidentified men, none from any of the lacrosse players. But when Meehan issued a report of his findings, he left out that potentially exculpatory information about the other men.

"You never stated in your report that you found DNA that belonged to men other than the accused in her underwear?" Stahl asks.

"I did not specifically say that," he replies.

"You never said that you found DNA belonging to other men in her rectum?" Stahl asks.

"No, I did not specifically state that," Meehan says.

Asked if that shouldn't have been in the report, Meehan says, "In retrospect, I know that there's a better way. And I should've done a better job at conveying that information."

"So, when you've produced other reports, if you have found other people who aren't suspects, you would leave it out of the report? Have you done this before?" Stahl asks.

"We haven't done that before," Meehan admits.

Leaving test results out of a report is a violation of industry standards, and of Meehan's own company's guidelines; the organization that accredits forensic labs has launched an investigation of his company.

"I have to tell you that we spoke to a lot of forensic specialists, people who do what you do and sex crime prosecutors. And they all say they never heard of anything like this – ever," Stahl remarks.

"I said it was an error," Meehan replies. "It was an error in judgment on my part."

"But a big one, right?" Stahl asks.

"Certainly, it was a big error," he replies.

Asked if it was his decision and his alone, Meehan says, "Well, it was my decision based on my understanding of what was asked in this case from when the case began."

At a hearing last month, Meehan testified that he and Nifong agreed to limit the report to "just the stuff that matched" the lacrosse players or three of the accuser's friends. After Meehan found there was DNA evidence from other unidentified men, he says he spelled out that information to D.A. Nifong in person and on the phone – before he completed his report.

"Did the district attorney specifically ask you to leave the information about the other males out of this report?" Stahl asks Meehan.

"Absolutely not," he replies.

"He knew the information was there. Did he ever ask you specifically to include it?" Stahl asks.

"That specific information? No, he did not," Meehan says.

"Did he ever come back to you and ever say, 'I need a second report with everything in it?'" Stahl asks.

"No, he did not," he says.

Asked if he thought Nifong was going to ask for it, Meehan says he "expected him" to ask for it.

The key here is that the D.A. was required by law to turn that information over to the defense in the first place. He didn’t do that until a judge ordered him to six months after he learned about the DNA belonging to other men. What's more, during that time, the D.A. told the court he was "not aware of any additional information" which may be exculpatory.

Asked if Nifong was lying, Meehan says, "Well, I know that I told him. I sat down in our conference room and went over all of the information in this case with him."

Four days after Stahl interviewed him, Meehan submitted an amended report with all his findings.

There was probably nobody more shocked by Meehan’s testimony about the DNA than the parents of the three boys who have been indicted – Collin Finnerty's parents, Kevin and Mary Ellen, David Evans' parents, David Sr. and Rae and Reade Seligmann's folks, Kathy and Phil. They were all in the courtroom that day.

"Well, while we were sitting there, and the information came out, and someone then, behind us, passed the note and said on the note it said, 'Oh my God. He knew this on April 10th.' And we knew that our boys had been indicted on April 17th. And Mary Ellen turned to me and said, 'I'm shaking so hard, I think I'm going to pass out right now.' And we had to hold on to each other," remembers Kathy Seligmann.

"But let me get — you’re saying that on April 10th, Mr. Nifong was told that your boys had left no — ," Stahl asks.

"No DNA, not a speck," Seligmann says.

"But that there was evidence of other men. And days after he was told that, he indicted them for rape?" Stahl asks.

"Right, yeah," she replies.

[mickey443]

how in the hell that you can say that about that girl if you dont now her how do you now that it was for drug money what you thing black women take there clothes off for money it dids not matter what i girl wear or how they dance it dont mean that men can go and put there hands on them and try to have *** with them and whats wrong with her image so you think all black girls should stay home and wacth there kids and it dont matter how many baby dad she have so go f ---- off and how you now that she have 3 baby dads

[donamaree-2009]

To the new elected prosecutor Mr. Ray Cooper:

Do America a favor and give us some light at the end of the tunnel and bring justice back to the courts. Dismiss this atrocity of a trial which was doomed by unethical behavior on Mr. Nifong's part, prosecute for the lies and revenge on both the strippers part. Unlike Mr. Nifong perhaps you can feed the press the truth, give these young men their reputations back from the condemnation of the groups who call them "rich brats" their obscene jealousies of their privileged lives is sickening. Let America turn the key in the door of justice for all, even if you are rich and white. The tables have turned in this country in a way that can cause an internal revolution in the future, make an example of this travesty and do whats right, not only for these young men and their families, but for all Americans. Unethical behavior, lies and deceit do not add up to without reasonable doubt.

[fflintstone4]

Rae Evan's final comments provide strong insight into the families and the accused individuals. Those words, "I'd say, with a smile on my face, 'Mister Nifong, you've picked on the wrong families...you will pay every day for the rest of your life." So she's saying white families with lots of money (if they can affort to send their kids to Duke) can and will do what they want and apparently enjoy it too. These three individuals may not have raped this young woman, but I know they aren't innocent angels either.

[thinkforself]

Sorry ....I had 3 things to say. Pardon my typos. Thank you! :-)

[thinkforself]

I just have to say two things: 1. The rap community is not what influences the male perception of the female...this is far older than that...Remember stripping, which is closely associated to prostitution is one of the OLDEST professions in the world. I don't think Rap, as music can claim that. Also, there a far less black strippers that white...disrespect is disprect [of self and others]. AGAIN, RACE is irrelevant. 2. Plainly put the girl was looking for a pay-day. Most people are of the impression, that every student attending Duke is wealthy. There are so many stories of young women (white, black, yellow, purple), trying to set up and/or trap a guy - celebrity or not. She probably figured this would provide her enough drug money...while she continues to receive assistance. Now, as a woman, I found that particular choice of profession,disgraceful, but it was not my choice. As a black woman - from an affluent background with a successful family and life [not just monetarily, I am so tired of people jumping onthis cause to contribute to the saving of the balck community, by globally lumping us into the same categories.

[hermit22]

I would not have to think twice about not going to apply for school at DUKE, and that would not be because of the stripper, it would be because they apparently condone nasty behavior in a frat house. "tut tut" welcome back boys."

[jfmr-2009]

Horray for Rae Evans!

[olemiss85]

can SEE why a woman could just loose her cool and let them have it, hit them up for rape, let the chips fall where they may. That is not right, but she may have felt that was her only weapon. I'm thinking worse of that frat house now that i did at the beginning of this story.
Posted by Hermit22 at 05:11 AM : Jan 21, 2007

You finally concede she lied but somehow still want to justify this blatantly wrong action because "she may have lost her cool" so we'll let her "hit them up for rape" and "let the chips fall where they may"? Did this really come from a sound mind. So acceptoing that you now agree she lied about the rape, if the "chips fell...that the boys were found guilty of a rape you now agree didn't occur, that's okay? You ......I can't even type it. Some one please tell this guy what nonsense this is.

[olemiss85]

Gee Hermie, you say you were innocent? How do we know you were innocent? Oh, that's right, because you say you were. Hmmm, seems that these 'frat boys" say they are innocent of rape and their words are backed by the DNA testing from DNA samples they voluntarily gave to the police before lawyers were involved. ( from the discovery provided by the State not the defendants). So why do we have to believe you and are not supposed to believe the lacrosse players. Because they threw a party some, some not all, consider to be in poor taste, their veracity is not as cedible as yours? How do we know you weren't robbed of money you stole from somebody else? Because you say so? Being a fair minded person, your supposition of me to the opposite, I will give you the benefit of the doubt. You were robbed of funds you had obtained legally. The boys threw a party that was legal. Just as innocent as you were, claim to have been. Why is it so hard to give them the benefit of the doubt?

[olemiss85]

Olemiss85, i thought of that. but i was innocent. the frat house might be innocent of rape, but they did put themselves in a questionable situation. They DID. I already thought of the difference. The frat house WAS into something nasty.they were acting like jackasses. walking down the street IS innocent. drinking and setting up a strip party is not. it may be legal, but it is not innocent.
Posted by Hermit22 at 03:19 AM : Jan 21, 2007
Since when is it a crime to act like a jackass? Y Doing something nasty is not illegal per se. Porn movies, smut magazines, STRIPPERS... can all involve doing something nasty but it's a matter of taste not jurisprudence. I didn't say the frat boys acted like the examples I gave. I said even if they did everything I wrote... it still doesn't justify the making of a false accusation. You still don't get it. You never will. If,If, If... the "frat boys" (you can't even get this fact right,it was a lacrosse team party) acted out every example I suggested, do you mean to tell me that woman was still justified in crying rape? It was her only weapon? Her weapon against what? She was already away from the party before she cried rape. She didn't cry rape to get away from the party, she had to be carried out because she was too intoxicated to leave on her own. There are pictures and the testimony of the other dancer to this effect which are unchallenged by even that idiot Nifong.

[jfmr-2009]

First of all theses men are INNOCENT! There was no rape, one of the boys has stamped times saying he left the house, the other boy did not have a mustasche. You are right about the image these black girls have. She should not be stripping for drug money, she should be in her home taking care of the three children she had with three differnt men.

[no_angel-2009]

First of all, these men are not innocent, what they are is not guilty of rape. The women should be prosecuted for filing a false police report, because that is what they did. Not to mention, they have made even harder for women who really have been raped to come forward. More importantly, young women, especially young black women need to be taught that just because the media has continued to portray them as oversexed, poll dancing idiots, which are on earth solely to be verbally, physically and sexually abused, does not mean that is their function. These women should be taught that you attend a university to learn, not to get on a pole. Maybe if the black community addressed how black males, more specifically the rap community, presents black women in the media, these women would not be taking off their clothes in front of a group of white misogynists in the first place.

[jfmr-2009]

Dr. Brian Meehan should also go to jail with Nifong for hiding the fact that the boy's DNA did not match any of the DNA found in the underwear or on the body of the stripper! Withholding this evidence caused many, many, months of horror for these families!
There was no case on April 10th yet the boys were indited on April 17th! How horrible, how can those men have a clear conscious, what they put those families through.

[jfmr-2009]

I think the President of Duke Uiversity should step down or be fired! Nifong should pack his bags and retire or go to jail for his holding evidence in this case.

[jfmr-2009]

Many men go to strip clubs. What the boys did was have her come to the house, poor judgement I agree, but it is nothing out of the ordinary that men do. The facts are on the table, no rape, she's a liar, she has costs the courts and families now nearly millions of dollars to clear their sons names who are INNOCENT. The stripper and her friend should spend the rest of their lives in jail for this ridiculous outrage on INNOCENT boys.

[jfmr-2009]

Tt costs over $43,000 to send your child to Duke University. I would think many, many, times before I sent my sons to that college or any other near there. The Duke boys are INNOCENT and they were used by the stripper and her friend, and the stripper and her stripper friend were USED by Nifong to get re-elected. Duram should wake up and realize that! Look at the facts. There was no rape, the boys left, the stripper is a drug addict, a liar, and should go to jail and have her children taken away from her by the courts.

[hermit22]

olemiss85, i just reread your 1:38am Jan 21 post.
i have never thought it was anywhere near ok to charge someone with rape if it didn't happen, but after rereading your description of what may be par for the coarse at a strip ain't-no-party,
i can SEE why a woman could just loose her cool and let them have it, hit them up for rape, let the chips fall where they may. That is not right, but she may have felt that was her only weapon. I'm thinking worse of that frat house now that i did at the beginning of this story.

[hermit22]

olemiss85, what is illogical, is for you to bring up "in poor taste", then when i agree with that, for you to insist you don't agree with that because i agree. it seems like that is the basic core of predjudice. "if hermit agrees with it, than of course i won't agree with it." what is really mind boggeling is that you said it in the first place.

i might be loosing the 3 brain cells i've been opperating on.

[hermit22]

i don't mind admitting to being ignorant of alot of this stuff, like that "party" according to your description was alot more insidious than i would have ever thought, but it is NOT "hate" to question the frathouse behavior.

i think anyone on a jury should be allowed to ask questions, NOT have to come up with a verdict based on what lawyers squirrel around with.

[hermit22]

olemiss85, is it slanderous for you to say "the functionally illiterates....blogging away idiotically...."