Paternity Test for Duke Rape Accuser's Baby Approved; DNA Tests Under Fire

From Fox News

   Durham District Attorney Mike Nifong said Friday that the stripper accusing three Duke University lacrosse players of raping her is in fact pregnant, but that she become pregnant at least two weeks after the party where she says she was raped.

Nifong, who said the baby is not due until the first week of February, bluntly contradicted family members of the accuser who earlier said she had already given birth. The judge in the case on Friday approved a paternity test for the baby when it is born.

Meanwhile, the head of a private DNA laboratory said under oath during court proceedings in Durham, N.C., Friday that he and Nifong agreed not to report DNA results favorable to the Duke players charged with rape, reported the News & Observer.

Full Article

Point of View

  I'm glad the news articles are now making it clear that this pregnancy is not as a result of any alleged rape that supposedly occurred. Unlike the Fox News interview with the accuser's cousin.

   I sat there watching that non-believable interview Jakki gave, just shaking my head at the absurdity of it. Her insinuations were almost as ridiculous as what I read about that Victoria Peterson person declaring that the DNA in the Duke case must have been tampered with at the hospital.

     No offense, but I think someone needs to educate those two women.

  Just to make it clear, all patients over 13 who are treated at the sexual assault units have a pregnancy test done and are offered the option of taking the morning after pills. The pills are given two at a time, times two doses 12 hours apart.

   Our patients are given full information regarding the medication, including any potential side effects (which are rare). Once given the information, patients have to sign a consent form before they're given the medication.

     Patients are told that the morning after pills are intended to bring on menses within 3-30 days. According to the Fox news, the Duke accuser's due date is around February 1st.

   Which means her conception date should have been somewhere around May 12th* - not March 13th - NOT nine months to the day.

DNA Tampering                        

        While I'm on the subject of ridiculous statements, I read about the claim that the DNA had to have been tampered with. I just shook my head and laughed at that one! I'm sure that remark stems back to the OJ case and alleged evidence tampering. People have been making remarks like that ever since his so-called trial.

   I would strongly suggest people read some in depth accounting of that case, to understand what really happened. Meanwhile, of course, I guess OJ stopped searching for his wife's killer on the golf courses long enough to write his hypothetical confession book.

As far as DNA tampering, let me set the record straight.  Here's our procedure for evidence collection and packaging:

    First of all, we collect the evidence. We wear gloves during the whole process, in order to avoid any contamination and we change our gloves in between collecting the different specimens, in order to avoid cross contamination.

   We collect fingernails scrapings, comb pubic hair, and take swabs from all over the patient's body. Fingernails scrapings are scraped onto a special paper supplied by the crime lab. Pubic hair is combed onto the same type of paper.

     Each of these papers are folded and taped together to prevent loss of evidence. I always use a stamped label with the patient's name on it. Then they're placed in an outer envelope, and sealed with another stamped label.

     Each wet swab is collected, numbered, labeled, and placed in the drier to dry. I usually leave them in about an hour to make sure they're good and dry. Once dry, if there is any semen, etc. on the swab, it's on there. We do not cut, alter, or remove evidence material in any way.

   After drying, each swab is placed in a crime lab envelope and sealed with another stamped label. I use labels on everything, just to make sure there is no question as to the identity of the patient.

     The clothes are collected separately, with each piece going into a separate paper bag. All of our specimens are placed in paper bags.

     On the outside of the bags are labels requiring the patient's name, the complaint number, the description of the evidence, and the exact time of collection.

     Each of the clothing bags are sealed with two special "criminal evidence" tapes. These are special tapes designed to prevent evidence tampering. The first one is a wide white evidence tape - very heavy and extremely sticky. It's pulled off a roller and attached to the top of the bag, sealing it. On top of that tape, goes a second blue "evidence" tape.

   This is a thin blue tape that's very difficult deal with, as it can break apart in our hands quite easily. We have to be careful while peeling off the backing. Once the backing is off, we attach it over top of the white tape.

   Once applied to the white tape, the blue tape surprisingly sticks like glue. It's almost impossible to break the seal without actually cutting it. Over top of the blue tape, we use a magic marker to write the date, complaint number, and our names, in a diagonal fashion across the back of the bag. This is done to prevent tampering.

    If anyone breaks the sealed tape, it's noticeable right away. The blue tape can also be examined under special lighting to detect any signs of tampering if need be.

  Once I take care of packaging the clothing, I package the swabs from the drier. Each one goes into its own envelope supplied by the crime lab, sealed with a stamped label, signed, and placed into the large, package type envelope also supplied by the crime lab. Once a copy of the medical exam is also put inside, the envelope is first sealed with a red "crime Lab" tape, then sealed again with the blue tape, then signed over top of the blue tape.

     Another copy of the medical exam is stapled to the front of the envelope. This copy is to go to the Sex Offense Unit. Once I have everything packaged and ready to go, the evidence is ready to be locked up in the evidence collection locker. Then I call security. We both have to witness the placing of the evidence. We both have to sign the log, which is the start of the chain of custody. Once finished, he locks the locker.

     The detective from the Sex Offense Unit will arrive later to pick the evidence up. He also signs the log, along with the hospital security officer. Then the detective will carry the evidence back to the unit, where it again is locked in a special evidence collection room. That room is supervised by a police officer who maintains the chain of custody while the evidence is in possession of the police.

   The evidence due to go to the crime lab will be picked up, and signed out by crime lab personnel, or signed out by police and delivered to the lab. Once at the lab, the chain of custody is still maintained. The chain of custody log has to be signed by every single person handling the evidence and has to be maintained clear up until trial. Believe me, every necessary precaution is taken to ensure that integrity of the evidence is maintained.

   Will I claim that mistakes don't happen? No. Of course they do. People are only human. However, we rarely receive any complaints from the lab regarding either our collection or handling of the evidence.

   Can contamination happen? Yes, it can. Very easily. One of the rare complaints we did receive from our lab, informed us that (presumably) some of the nurses' DNA was showing up on some blood card evidence.

    After investigation, it was determined that some of the new nurses probably weren't wearing gloves when packaging the blood DNA card - handling it instead by the ends of the card when folding and sealing it. That caused extra DNA to get on the cards. Everyone was quickly reminded of protocol and there were no more complaints.

  I hope this helps to explain our collection and packaging procedure and to dispel ideas of DNA tampering. While it's easy to accidentally get extra DNA on a piece of evidence - like lack of using gloves at all times. It's actually very difficult to remove any existing DNA obtained when the swabbings were first done

*Modified 12/17/06

Update 12/17/06:

     It appears that Jakki is not a woman after all - but a guy in drag??? According to Liestoppers, the family spokesperson's name, who gave the Fox news interview with Greta, is Clyde Young.

Can this case get any stranger?

 

 

 

 

Comments

[rm]

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[rm]

ten to fifteen years ago when working in ED we would break out a kit with all the bags and swabs and combs and follow a laundry list of questions and procedures collect information and samples. The procedures outlined above are more thorough and exact and so much more training has gone into this work.

[Locomotive Breath]

"Jakki" is a drag queen, i.e., Jakki is a man. This is not a joke. Go here...

http://www.ibizawilmington.com/entertainers/jakkioknight.html