More Motions Filed in Duke LAX Case

Saturday, March 03, 2007

(02/27/07 -- DURHAM) (WTVD) -- Attorneys for three former Duke lacrosse players have accused Durham District Attorney Mike Nifong of withholding evidence, including more DNA. Now the defense wants all DNA test results from when the case was originally in the D.A.'s office.

"If the information we had December was explosive, then this is doublely explosive," said Wade Smith, defense attorney.

Attorney Smith says what the lacrosse defense team thought it knew about DNA test results in December doesn't compare to what it knows now.

Private lab director Brian Meehan admitted under oath he and Nifong withheld DNA evidence.

Adding to that revelation, the defense filed a 39-page motion Tuesday. It says another report Meehan sent to the defense last month shows more DNA was found on the alleged victim that was previously disclosed. The DNA did not match the three defendants in the case.

When the dancer and mother of three left the March 13th party, she underwent a rape examination as part of the investigation.

Defense attorneys say they are still waiting on the complete report on DNA taken from the accuser. That information will have to come from the lab's director. It's missing information defense attorneys claim should have been handed over a long time ago.

"This is not on the watch of the North Carolina attorney general, it's on the watch of Mr. Nifong.

Nifong was unavailable to comment about the new defense motion, as well as its timing which comes just before he files his response letter to ethics charges.