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Grand Jury Adjourns; No Word On Another Indictment In Duke Lacrosse Case

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DURHAM, N.C. — A grand jury adjourned Monday in Durham, but there is no word on whether there will be a third person indicted in connection with the Duke lacrosse rape investigation.

A woman, who is a student at North Carolina Central University, claimed she was raped by three members of the Duke lacrosse team while performing at an off-campus party in March.

Two lead investigators in the case brought evidence to the courthouse shortly after 10 a.m. Monday, presumably for the grand jury.

Two lacrosse players -- Reade Seligmann and Collin Finnerty -- have been charged. The alleged victim reportedly identified a third member of the lacrosse team in a photo lineup with "90 percent certainty."

Initial DNA tests conducted at the state crime lab found no match between the 46 players tested and the accuser. However, WRAL has confirmed a second round of DNA tests ordered by District Attorney Mike Nifong and performed at a different lab, found a partial DNA match to two players, who had not yet been charged. Attorneys said the partial match was found in a bathroom trash can on a fake fingernail the woman was wearing.

WRAL has learned that one of the players named in the lab report is the same person the alleged victim identified in the photo lineup.

Defense attorneys unrelated to the case said the results are unclear, inconclusive and are not a slam dunk for either the prosecution or the defense because the DNA on the fingernail could have come from something typically found in a bathroom, like saliva or dandruff.

"It could have come in any number of ways that would have been just as compatible with innocence as it would be with guilt," attorney Karl Knudsen said.

The grand jury may have heard evidence regarding the photo lineup, statements made by the alleged victim and medical reports taken the night of the alleged incident.

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