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Monday, May 15th 2006

Third Duke Lacrosse Player Charged

The DNA evidence “could not affirmatively exclude” him. Okay.

David F. Evans, 23, of Bethesda, Md., a team captain who lived in the house where a black woman says she was sexually assaulted by three white players during a party, was charged with rape, first-degree sexual offense and kidnapping.

Mr. Evans said that he and his roommates had voluntarily helped the police when officers executed a search warrant at their house, and that he willingly provided DNA, spoke to investigators without a lawyer present and offered to take a polygraph test, which officials declined.

She also picked out Mr. Evans but was not totally certain of the identification, Mr. Cheshire said. He said that according to a transcript of her remarks during the lineup, the woman believed that Mr. Evans had been wearing a mustache at the time of the attack. His client had never had a mustache, the lawyer said.

Mr. Evans’s indictment came three days after defense lawyers received the results of a second round of DNA tests that they said failed to link any lacrosse players to the alleged crime. Tests on a fake fingernail found at the scene showed DNA from multiple sources and could not affirmatively exclude Mr. Evans, the lawyers said.

“That, according to our expert, is about as weak a DNA analysis as you could ever have,” Mr. Cheshire said. He said the nail had been found in a trash can and could have been contaminated by used tissues or other items carrying the players’ DNA.

She also picked out Mr. Evans but was not totally certain of the identification, Mr. Cheshire said. He said that according to a transcript of her remarks during the lineup, the woman believed that Mr. Evans had been wearing a mustache at the time of the attack. His client had never had a mustache, the lawyer said.

She thought he had a mustache? And yet earlier reports said she was 90% sure it was him? Uh…

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