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Durham DA will press Duke probe

Victim now says she can ID an attacker; prosecutor says DNA test results don't prove any innocence

BY JOHN MORENO GONZALES | Staff Correspondent; Staff writer Karla Schuster contributed to this story.

April 12, 2006

DURHAM, N.C. - Utilizing the powerful backdrop of a historically black college attended by the alleged rape victim, Durham County District Attorney Mike Nifong pledged yesterday to continue his investigation of the Duke University lacrosse team.

With about 800 students and community members filling the gymnasium of North Carolina Central University, Nifong rejected the assertions of defense lawyers who on Monday said the lack of DNA matches in the case proved the innocence of their clients.

In a new development, Nifong said that the 27-year-old woman was able to identify at least one of three alleged attackers. He said further DNA results were pending.

On Monday, lawyers representing all 46 team players said the DNA results showed no evidence of sexual intercourse between their clients and the young woman who accused three of them of raping her at a party.

"I assure you by my presence here that this case is not going away," Nifong said during a panel discussion of the incident that had been scheduled before Monday's announcement of the DNA results. He heard cheers for his commitment to the investigation, but groans for filing no charges thus far.

Nifong said that up to 80 percent of sexual assault cases have no DNA evidence. He also cited the newspaper comments of an North Carolina Central student on the significance of no DNA match.

"It doesn't mean nothing happened," Nifong said, quoting the student. "It means nothing was left behind."

Thirteen of the 46 players swabbed for DNA are from Long Island, as is the only player not tested. He was ruled out as a suspect because he is the squad's only black member and the woman says her attackers at a March 13 team party were white.

The woman and a second female who went to the party are black, both hired by team members to perform as exotic dancers.

Attorneys representing the players did not return calls for comment yesterday.

Frustrations with the case were evident at the forum yesterday that included Durham Mayor Bill Bell and Duke's only representative, student body president Jesse Longoria.

"The fact of the matter is there should have been arrests from the beginning," said Pastor John Bennett of the Church of Apostolistic Revival in Durham.

Bennett said protesters would go each Sunday to the house where the alleged incident occurred until charges were filed.

As he faced questions, Nifong said that there had been "no identification of any member of the lacrosse team until last week." He did not elaborate.

Robert Archer of East Quogue, whose son Breck is a junior on the team, said it would be a waste of time to pursue the case, now that DNA results have been made public.

"I know the kids on the team, and I know they're innocent," Archer said.

The mother of the one player who was not tested said she was "ecstatic" upon hearing the DNA results.

"It's a major step in corroborating what the young men are saying," said Dawn Sherwood of Freeport, whose son Devon, 18, is a freshman. "We know this isn't over yet, but I'm pleased for them and for their families."

Staff writer Karla Schuster contributed to this story.