DURHAM, N.C. -- A judge Friday approved a paternity test on a
baby expected by the woman who has accused three Duke lacrosse
players of rape. But both the district attorney and the defense
rejected any possibility that one of the men is the father.
News of the accuser's pregnancy comes roughly nine months after
the team party where she says she was raped.
District Attorney Mike Nifong said the woman's baby is due in
the first week of February.
The defense asked for the paternity test. At the same time,
defense attorney Joseph Cheshire said it is an "absolute
impossibility" that she got pregnant during the alleged attack.
Cheshire said the woman was given a pregnancy test immediately
after reporting she was raped -- and it was negative -- and she took
an emergency contraceptive. In addition, DNA tests found no genetic
material from any Duke lacrosse team members on the woman or her
A person familiar with the case, speaking to The Associated
Press on the condition of anonymity, confirmed the pregnancy late
Thursday but had no information about the father.
Also Friday, a lab director admitted in court that after an
agreement with Nifong, he violated his own procedures and withheld
results showing none of the players' DNA was found on or in the
Dr. Brian Meehan, lab director at DNA Security Inc., said he and
Nifong agreed to include only DNA matches in the report on his
testing results. The report released in May omitted information
about people the DNA tests excluded, including the fact that no
genetic material from any member of the lacrosse team was among
that from several males found in the accuser's underwear and body.
"We are extremely troubled by that," Cheshire said. The full
testing results, showing the exclusions, were disclosed through a
defense request in October. They did not become public until
Meehan said that he had been concerned about sensitive, private
information becoming public and that the omission was not an
attempt to withhold information.
"I was just trying to do the right thing," he said.
The defense attorneys also asked in Friday's hearing that the
trial, which probably will not begin until spring, be moved outside
of Durham County because publicity may have biased potential
Defense attorneys have stressed for months that no sex occurred
at the party and have cited DNA testing that found genetic material
from several males in the accuser's body and her underwear -- but
none from any member of the lacrosse team.
The woman has said the three men raped her in a bathroom at a
March 13 team party where she had been hired to perform as a
stripper. Defense attorneys have said for months that no sex
occurred at the party.
The defense claimed in court papers that the woman misidentified
her alleged attackers in a photo lineup that was "an incoherent
mass of contradiction and error." They want the judge to bar
prosecutors from using the photo lineup at their clients' trial and
prevent the accuser from identifying the players from the witness
The judge set a Feb. 5 hearing on that request and the bid to
move the trial.