Published May 11, 2006
Citing "several well-placed sources," The Herald Sun of Durham, N.C., reported that tissue collected from under the alleged victim's fingernail might match a player who was at the team party where the attack supposedly occurred.
The paper reported that sources told it that scientists said the evidence came "from the same genetic pool and was 'consistent' with the bodily makeup of one of 46 lacrosse players" who were tested in the case. Scientists were able to rule out the other 45 players who were tested, the paper reported.
Officials told FOX News that an indictment on the third suspect could come as soon as Monday.
But the sources added that because a complete DNA pattern was not obtained from the tissue itself, it was not possible to match it with the usual near-100 percent certainty.
Defense lawyers have said that previous DNA tests did not conclusively point to anyone on the team as a rapist, nor did it show any DNA from any of the players on the accuser's clothes, skin, belongings or under her fingernails.
The 27-year-old female accuser told police she was raped on March 13 at a late-night, off-campus house party where she was hired to perform as a stripper. She told police she clawed at three attackers as they raped and sodomized her for in the house bathroom.
Meanwhile, another North Carolina newspaper reported that an alibi witness for the defense was arrested on an outstanding warrant.
The News Observer reported that taxi driver Moezeldin Elmostafa, who had told police he was driving defendant Reade Seligmann during the time of the alleged rape, was arrested Wednesday on a 2 1/2-year-old misdemeanor warrant for shoplifting.
Seligmann and fellow sophomore player Collin Finnerty are facing charges of rape, kidnapping and sexual assault in the incident. Durham District Attorney Mike Nifong has said he is looking to charge a third person, although it has been reported that the accuser cannot positively identify the alleged third attacker.
Finnerty was set to appear in court with Seligmann on May 18. Judge Ronald L. Stephens moved Finnerty's hearing to mid-June after defense attorneys argued that the prosecution would not be able to complete evidence discovery by next week.
Seligmann's attorney, Kirk Osborn, said his client was still scheduled to appear in court next week.