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.

[vancouverboo]

Does the North Carolina bar never disbar anyone - like Texas?

[smt903]

Thank you for a program on prosecutors! My own innocent son has been held for 9 months in jail -- without trial -- by a lying deceitful federal prosecutor. I don't understand why people on a witness stand must tell the truth while those standing in front of a judge on the floor are permitted -- even encouraged -- to lie. My son's life has been ruined, his assets consumed because of lies. They call this "the American Way."

[mdc76082]

Nifong should be hanged until dead at the gallows!

[heine101705]

My husband has been incarcerated by a lying prosecutor with no witness or forensic evidence. It's all political propaganda. The only justice I've seen is injustice and I hope that all the innocent people in prison are set free soon because the prosecutors have no idea what you have done to so many families in order to gain voters. You will be judged in the end. Free my husband and Free the Duke LaCrosse Team. There are too many women out there who think they can cry rape for attention. I think there needs to be charges brought up on all the liars who falsify their reports and they should have to spend years in prison so they can see what it's like.

[uspropaganda]

Some how i am far from suprised.
I think that it is the PERFECT example of how corrupt the government can be. I wonder how much he was getting payed beacuse this was not brought on by getting relected alone.

[sandycat2]

If anyone wonders was there are innocent people in prison, this is the reason. This DA should not be allowed to get away with this kind of dishonesty. He is supposed to find the truth and prosecute the guilty, not hide the truth and prosecute people he knows is innocent. I hope authorities nail his hide to the barn door.

[blogger1947]

Meehan's "big error in judgement" also happens to be a felony, does it not?

[rsn4insanity]

DNA is circumstantial evidence, saying that something was on another person's body. The fact that other people's DNA was found on the body does not mean that the information was exculpatory. It might just mean that the woman was amorous (which may make a jury judge her as being unreliable or ***). It was wrong to exclude the information, but it was not as bad as everyone is making it out to be.

The existence of other DNA does not prove the other boy's innocence, far from it. The other DNA may have a valid reason for being on the victim, that has nothing to do with the crime. The claim is that these boys did something. The fact that their DNA was on the victim is enough to say that they did do something with the victim. The other DNA is now just a red herring.

[rlfried]

Nifong and his conduct in office is part of the multitude of reasons people have lost faith in our government and the lack of equitable justice in this country

[mpmp5]

This case make me ashamed to live in the triangle area.mike

[patrick462]

A response to rsn4insanity:

While you are correct in stating that the Duke DNA results are not entirely exculpatory, the evidence provides a basis for reasonable doubt. It therefore should have been revealed to the defense by the prosecutor. The law states that all evidence and testimony related to the case must be given to the defense by the prosecutor. Evidence and testimony which are clearly irrelevant do not have to be revealed, but the burden is on the prosecutor to err on the side of caution and include more rather than less information during discovery.

The DNA evidence you cite is clearly material to the case and should have been revealed to the defense immediately. This is but one of the reasons Mr. Nifong is under investigation by his state Bar Association. If you are a lawyer and you don't understand or appreciate the significance of all of this, perhaps you need to return to law school for some refresher courses.

[bfrykman]

The reason that this fraud has continued unabated is that to drop the case will be the undoing of the political correctness of "rape sheild" laws.

What is so fundamentally wrong with all these "rape shield" laws is that they establish a legal standing of "victim" and "perp" long before any court or jury findings determine just who is being "victimized" - the accuser or the accused.

So who is the "victim" and who is the "perp" here?

The rape shield laws establish only that males are by always the "perps" and females are always the "victims" and the law is to protect the privacy of the "victim" long before any jury has concluded just who the victim actually is.


These rape sheild laws give prosecutors incredible power and that's why they have not been struck down. I sincerely hope Niphong and his "hoe" due some serious prison time for what they have done to these true victims.

[edwardallen5]

I'm sick of this public relations campaign by wealthy sickos. Let's get on with the trial, and see if the evidence stands up or not. These pre-trial public relations campaigns to sway public opinion favor those with deep pockets who want to seed disinformation. There's no dispute that these wealthy kids of unprecedented privilege took advantage of a poor disadvantaged single mother who is a minority. Do we want to go back to the age when black people trying to make charges against white people were simply not believed. Put it before a jury (hopefully an all-black jury), and we'll see justice done even in redneck North Carolina.

[SamPJackson]

I said months ago, that Mr. Nifong would end up at least censured, if not disbared. Everybody thought I was crazy.

This is political correctness, feminism, and reverse racism run amok. Any accusation that a black female makes against white males is believed, even when it is refuted by another black female.

I live in a college town. We had a case where a stripper accused a fraternity of rape. It turned out that she was disappointed in the "tip" she received, in addition to her agreed-upon fee. Fortunately, her whole performance had been recorded by a (then new) cell phone camera. It was obvious she had not been attacked.

[rudy654-2009]

Black or white, rich or poor, edwardallen, we should put you before a jury, trump up some charges, hide evidence, wreck your life, and see how you like it.

[masseyd1]

Enough of the DA. What of the poor "victim." She is the perfect example of the definition of the word stink. That is advancing on the scent of your genitalia. Now we come to find out they were spoiled on arrival! Come to think of what sort of student is she in that she failed to seize the Tawana Brawley fecal smearing allegations? This is failure to trash race relations to the fullest extent possible. What if the Klan or Skinheads had perpertrated something similar. There would be no end to the hue and cry.

[tmaul05]

edwardallen5.........you should probably report to work..otherwise some village is missing their idiot........

[ceres5]

Now we hear from the forensic expert and the prosecutor that they made a big error. This was was just not a big error. We don't need to be too smart to see that this was an intentional and dishonest action.

[rdcorso]

The only people who should face criminal charges are the prosecutor and the accuser.The case fell apart as soon as the test revealed she had *** with five different men on the same night.Nifong should have known something was wrong when the test showed she lied about having ***.How else could she explain the presence of *** from five different men?Maybe she's just a human *** dumpster.

[vfree53]

"Poor underprivileged" i strippers /i ? Puh-leez. This is the "Tawana Brawley" case of the 21st century, except that the prosecutor is one of the perpetrators, not one of the victims.

[tomb-zee]

rsn4insanity -

Please provide a source for your claim that the "boy's" (sic) DNA was found on the false accuser's body.

I doubt you can - you are either repeating wrong information or lying.

There are many sources available on the web for you to learn that NO DNA from the "boy's" has been connected with the false accuser.

Absence of DNA is exculpatory. Given that up to 7 other male DNA samples were found and reported by Meehan (eventually) and the NC State lab, and there was NONE from Collin, Dan or Reade, means they did not touch her much less assault her.

Stop repeating falsehoods

[trecom]

Edwardallen5 you clearly haven't been paying enough attention to this story.

This is the first time the families have ever appeared in the national media. All of the media appearances and "PR" as you call it were done by the prosecutor PRIOR to gathering all the evidence. Funny that he has disappeared from the airwaves now that all the evidence is in and the defendants are being granted their day in the media. Edwardallen5, with a strong case and "wealthy sickos", you'd think that "PR" secnario would be the other way around.

[random_radar]

"Put it before a jury (hopefully an all-black jury), and we'll see justice done even in redneck North Carolina."
Posted by edwardallen5 at 10:36 AM : Jan 12, 2007

If you want to advertise the fact that you are a virulent racist, it takes less space to type "Kill Whitey!" On the other hand, your prose is so hateful that I have trouble believing that you are not a white provocateur trying to stir up animosity against blacks.

"'Mr. Nifong, you've picked on the wrong families %u2026 and you will pay every day for the rest of your life.'"

I recognized this from the start. Mr. Nifong is in big trouble. If he is pursuing the cause of truth and justice, then he will be a martyr. But it appears likely that he is going to suffer the fate of someone who compromised his integrity and gets justice and then some.

I am very much in favor of justice for everyone without regard to race, creed, color, seex, etc. I hope Mr. Nifong and edwardallen5 get justice in life, whatever that should be. For better or worse, let justice prevail!

[trecom]

Edwardallen5 you clearly haven't been paying enough attention to this story.

This is the first time the families have ever appeared in the national media. All of the media appearances and "PR" as you call it were done by the prosecutor PRIOR to gathering all the evidence. Funny that he has disappeared from the airwaves now that all the evidence is in and the defendants are being granted their day in the media. Edwardallen5, with a strong case and "wealthy sickos", you'd think that "PR" secnario would be the other way around.

[alasmiths1]

edwardallen5- if the situation was completely reversed and the accused were black (one of which was your son) and the "victim" was white, you would be the first one screaming that the black men (your son) were being railroaded by an unfair justice system where "white people making charges against black people are always believed". If there was no DNA evidence to link your son to the attack, the white victim had changed her story time and again, the black men (your son) were poor, and the black men (your son) were going to be tried by an all-white jury in "redneck" North Carolina, you would be going crazy! Please take a deep racist breath and see what a hypocrite you are!

[cgbdfb52-2009]

While I still believe that convicted murderers deserve the death penalty, I no longer believe that the death penalty should be administered because of unscrupulous prosecutors like Mike Nifong. He was willing to trade the freedom and reputations of these boys for his political career. I shudder to think how many innocent victims he has sent to death row in order to expedite his career.

Not only has he made it hard for the innocent to receive justice but it will now be very hard for any jury to believe him in convicting the truly guilty.

[jetlizhan]

edwardallen5 - so glad you submitted a post, as i've been looking for you! i have the results of your IQ test - you made a 25. i bet that's the highest in your family. congratulations.

[realblackguy]

edwardallen5 ...You sir, are an idiot.

[boostedmahi]

edwardallen5:

Please tell us why these boys should be tried by "an all black jury"? What are you implying about black jurors -
that they are racist?
that they will convict without evidence?
that they are ignorant?
that they will abuse the judicial system?

My friend, you need to ask yourself....who's the real racist at this table.

As for Nifong, he could be prosecuted for subornation of perjury if evidence exists that he knowingly pursuaded the stripper to give untruthful testimony to the grand jury. And that's just an example I havent heard mentioned out of the long list of penalties he is hopefully facing.

I hope Mr. Nifong Burns in Hell...

[richhong]

edwardallen5 says the boys "took advantage of" this underprivileged single mother. In an economic sense, this is probably true -- just as certain employers take advantage of less skilled or underprivileged workers.

Yes, I am sorry that ANY woman has to sell her body to make a living. I wish it didn't happen. And if I were their parents, I would be ashamed that these young men had participated in the hiring of a stripper.

But that doesn't make them guilty of rape. And I just don't see how there isn't "reasonable doubt" in this case.

[mojo805]

Mike Nifong should be disbarred and removed from the position of DA eventually. If he is not, then most of us will see the NC justice system as a joke.

Nifong might not be guilty of suborning perjury as a previous poster suggested (because he declined to even interview the accuser for so long) but there certainly is a prima facie case that Nifong has committed serious ethics violations.

In the meantime, he definitely should be removed from this case and a more objective prosecutor should take over.

[gunnerv1]

I agree with everyone else "edwardallen5" you are a jerk and a very uneducated one at that.

[aeasus]

OMG
I am so tired of everything I read at this site becoming a black and white issue ... I know that's just not the case !!

move on people

[mskaty]

This case was a total sham from the get go. The discrimination of these boys was so "in your face" that it's hard to believe that anyone with any measurable IQ would believe this accuser!!! Give me a freaking break!!! Was she pregnant with other kids already (probably all from different fathers)? She did just have another kid so was her goal to frame one of these boys as the father or just to launch these accusations to be paid a huge amount of money to support all these kids & her chosen lifestyle?
Those boys & their families should file a multi million dollar civil suit (each) against the accuser, Mike Nifong, Duke, & the police. Maybe then these nimrods (those listed) will think twice about just choosing to destroy lives for their own promotion & agenda. People need to wise up!

[denver_2007]

rsn4insanity - I assume you haven't followed the case very closely.

The accusor is claiming that multiple assailants ejaculated on her (in her latest version of the story) and that she had not had sexual relations in the previous seven days.

A DNA test was used that was capable of identifying even a single cell's worth of DNA. The resulting tests showed absolutely NO DNA from any of the players and yet found DNA from five other males.

Based on the accusor's statements you expect the test results to show the DNA of two or three players and NO DNA from any other males. The actual results were exactly opposite what would be expected. Therefore the DNA evidence is exculpatory.

[jimmyc1955]

I think its important to evalute why the DA felt this course of action was to his career advantage.

Some background -

Nifong is a politican then a DA

He wants to be re-elected

He believes that aggressive prosecution of "privlidged white boys" in a case of a black stripper would be advantagious to his re-election.

Why is that? I think we have to evaluate the medias implicite bias toward stereotypes of 20 or 30 years ago.

If Nifong had succeeded in this prosectution he would be hailed by the local press as upholding racial justice in "redneck" North Carolina. Unfortunately his bungling got him caught.

Its time our media started reporting stories without the race being a leading component of any story. Media uses race to sell papers, TV time and magazines. If they exacerbate race problems - then so be it.

I wonder how race relations would be in this country if the media didn't make it the lead component of any story where two people are of different skin tones?

[webmommy]

They always have to use the race card. We're supposed to be "getting over it" and "moving forward" with race relations but it continues year after year. Like the ridiculous "African American" phrase. I have a friend who was born in South Africa who emigrated here who wants to know why African American refers to a black person?? She is white is definately African American.

Nifong should be disbarred, charged with a felony and unable to hold public office for the rest of his life. He should also be held accountable for the attorney's fees for the familys of all the boys falsely accused. Did what the boys do that night (hiring a stripper) come across as the most moral decision? No, but it happened and the accuser should also be held criminally responsible when her story finally completey unravels and she has been found out to be a complete liar. As a woman, I am appalled to think that someone would fake being raped. My heart goes out to all who have been truly raped and the damage this story has done to a horrific crime that REALLY happens to others.

[bildooreilly]

It's not necessarily a racist thing, it has more to do with almost all women being totally nuts thanks to media and television for ruining their little minds. Looks like this chick saw she had some preppy stupid rich kids and was looking to cash in, and almost got away with it. Sad to say but most chicks are just looking for the yellow brick road these days... don't get me wrong, I love women, but are they really worth the headache.... this kind of *** happens to a lot of people and a lot of guys are sitting in prison because of vindictive women like this one... Women got their rights, now about protecting us guys from the women.... They're out of control...

[denver_2007]

bildooreilly, you stated "...almost all women being totally nuts" & "now about protecting us guys from the women....They're out of control..."

I'll take my chances with women, it's a certain (male) North Carolina prosecutor that appears to be out of control.

[interested4]

bildooreilly, do "us women" a favor and don't lump us all into the same category. I don't know a single self-respecting woman of any race or class that ever has, or ever would, falsely accuse someone of rape.

Keep in mind I said SELF-RESPECTING...

[billyboy1016]

Personally, I think that this HAS been racially motivated from the beginning and it reeks of the "Tawana Brawly" case a few years back.
These kids from Duke should SUE the Prosecutor for what he has done to them, damagaing there reputation and then SUE Duke University, which also disbanded the lacrosse team, fired the coach, and so on, as a result of all this obviously bogus case.
If people make them PAY then there will be less mistakes out of the fear of reprocussion.

[truebudha]

How Many other people has a Nifong railroaded when no one else was looking (both white and especially black)? As for EdwardAllen5 has anyone else noticed that a lot of black people feel very socially secure and justified in their racism. I think that the predominant black culture of today would make Martin Luther King and Malcom X sick.

[reality2222]

To edwardallen5 (the black racist!)
"Put it before a jury (hopefully an all-black jury), and we'll see justice done even in redneck North Carolina."

Aside from your overt racism, apparently you are not married or you've never had a girlfriend! Also, are you any relation to Senator Joe "the plagiarizer" Biden who foolishly thinks he can be elected president by pandering to the man-hating feminists in the democratic party? Biden, the chief sponsor of the Violence Against Women ONLY Act (VAWOA) which equates to All women=GOOD! All men=BAD!

I suggest you actually read the full contents of the VAWOA. Where any woman can claim anything or simply pick up the phone and say she is merely "AFRAID" and the man will be arrested, cutoff from his children and driven out the home ...even if she is the one who 's the aggressor!

from
A BLACK man who thinks for himself!

[ksteen2]

Liberalism is a sick and wicked surrogate religion that allows it adherents to feel that they have a right to persecute anyone (infidels) they don't like. After all everyone KNOWS that they are the good people.

The real interesting thing is that the accused and their parents were no doubt good white liberal parents who would have been right out there with the lynch mob if it hadn't been them under attack.

That's the irony here. Nifong is the monster that white American liberals have built. It's always fun to see that monster eat its own.

-Ken
Laser Guided Loogie
www.laserloogie.blogspot.com

[jimmyc1955]

truebudha

I disagree with your comments about institutional racism in the black community. Certainly there is a learned behaviour created by the Jesse Jackson's and Al Sharpton's need to create political power by generating racial tensions. But it is not institutiaonl and not approved - it is as much a fringe belief as white supremists.

My personal experience is that the constant drum beat of racial reporting creates a certain degree of tension when two people of different races first meet. A heightend sense of awareness and concern about NOT appearing as a racist creates discomfort. My son's best friend is black and he tells me thats what he feels every time he walks into a room of whites he doesn't know. I did when I went to his birthday party and I and my wife were the only whites.

It shouldn't be that way - and if the press would quit trumping any black/white event as racial we would, over time, be a lot better off.

[thgdriver]

Nifong tried to hide evidence, if he did it once, there is a good chance he did it before, all his cases are now suspect and should be reviewed.

These kids had money and were able to get the justice they deserved.

How many poor folk, black and white, are behind bars because they pleaded guilty to a lesser crime in the face of false evidence they could not prove false?

[azmensan]

As a college-educated, professional woman earning over six figures... I can say that I agree that there are a LOT of self-serving women out there who like to play victim and play at the oldest profession in the world to earn a living, under the guise of motherhood, rape, etc. And frankly I am disgusted by it. This woman is another example of the pendulum having swung way too far the other way and men getting the short end of the stick. I'm all for "sisterhood" but when a woman pulls this kind of ***, I'm also all for prosecuting and making an example.

[cryonbrian]

If these white men ever get out of this mess, I bet they will never sneak in the slave quarters again! LMAO!

[inkling42-2009]

I agree with other statements that people have made. I think what the good Dr. Meehan meant to say was that his "error in judgement" wasn't a mistake, but that it was downright CRIMINAL.

Nifong is guilty for asking that excuplatory evidence be withheld and actually downright lying about the fact that it existed, but no one forced Dr. Meehan to keep it under wraps for six months.

Anyone that thinks this is NOT a racially motivated case is dead wrong. Mike Nifong saw the opportunity to appeal to black voters by crucifying these white kids. That ladies and gentlemen is what makes it racially motivated. Not because all blacks hate whites. Not because all whites hate blacks. It's not about the fact that all men hate women or that all women hate men. You all belittle yourselves by arguing such idiocy.

Mike Nifong should be disbarred and prosecuted for any number of things, withholding exculpatory evidence being among them.

Dr. Meehan should be tarred and feathered and fired from his job.

The citizens of Durham should all hang their heads in shame for allowing this snake to be re-elected. I'll even take it a step further; anyone that voted for Nifong should have their voting rights revoked permanently as they obviously don't deserve the right.