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Touting DNA, Duke lax players claim innocence

THE ASSOCIATED PRESS

4:48 PM EST, December 13, 2006

RALEIGH, N.C. - DNA testing in the Duke lacrosse rape case found genetic material from several males in the accuser's body and her underwear -- but none from any team member, defense attorneys said in court papers Wednesday.

The papers were filed by attorneys for the three lacrosse players charged, Reade Seligmann, Collin Finnerty and David Evans. They complained that the information about DNA from other men was not disclosed in a report prosecutors provided earlier this year to the defense.

The testing was conducted at a private laboratory for the prosecution.

"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," the defense said.

In an interview, defense attorney Joseph Cheshire said the findings suggest the accuser had sex shortly before the March team party where she was hired to perform as a stripper. The woman has said three lacrosse team members gang-raped her in a bathroom at the party.

District Attorney Mike Nifong did not immediately return a call for comment.

The trial is not expected to start until the spring.