Attorney Joe Cheshire, who represents one of the team's captains, said the
report indicated authorities took DNA samples from all over the alleged victim's
body, including under her fingernails, and from her possessions, such as her
cell phone and her clothes.
"They swabbed about every place they could possibly swab from her, in which
there could be any DNA," he said.
Cheshire said even if the alleged attackers used a condom, it's likely there
would have been some DNA evidence found suggesting an assault took place. He
said in this case, the report states there was no DNA on her to indicate that
she had sex of any type recently.
"The experts will tell you that if there was a condom used they would still
be able to pick up DNA, latex, lubricant and all other types of things to show
that ¡ª and that's not here," Cheshire said.
Stan Goldman, who teaches criminal law, evidence and criminal procedure at
Loyola Law School in Los Angeles, said the DNA results don't mean that Nifong
can't go forward with the case ¡ª but the test results make a successful
prosecution much harder.
"Isn't the absence of DNA evidence, given the way the victim has described
the crime, in and of itself almost enough to raise a reasonable doubt?" he said.
"That's all the defense has to do."
Robert Archer, whose son, Breck, is a member of the lacrosse team, said the
test results only confirmed for parents what they already knew.
"I know the kids on the team and I know they're innocent," said Archer, of
East Quogue, N.Y.