Duke Rape Allegations; Chilling Testimony; A Legal Maze
DARYN KAGAN, CNN ANCHOR: We're watching. The scaffolding actually on the side of this office building that was being built collapsed. They said -- witnesses there said it collapsed like a pack of cards and there is fear that many people might be trap in that scaffolding. Several people feared trapped as this harshly built building and the scaffolding collapsed. We're going to keep an eye on that with these pictures coming out of London. More on that as it becomes available. Right now, though, let's go ahead and focus on the story that is developing right here in the United States. The DNA results are in and now our prosecutor faces the next test in the Duke rape investigation. Do you go forward or do you drop the case? Attorneys for Duke's lacrosse players say that DNA tests cleared the men. They're accused of raping an exotic dancer during a team party. The case has inflamed divisions in the North Carolina community. Our Jason Carroll has the latest from Durham.</s>JASON CARROLL, CNN CORRESPONDENT, (voice over): The defense attorneys representing 46 members of Duke University's lacrosse team were very definitive.</s>WADE SMITH, DEFENSE ATTORNEY: No DNA material from any young man tested was present on the body of this complaining woman. Not present within her body, not present on the surface of her body and not present on any of her belongings.</s>JOE CHESHIRE, DEFENSE ATTORNEY: There is no evidence other than the word of this one complaining person that any rape or sexual assault took place in that house on that evening. It wasn't here two weeks ago, it's not here today, it won't be here tomorrow.</s>CARROLL: Durham's district attorney handed over the results after receiving them late Monday. He would not comment on them.</s>MICHAEL NIFONG, DURHAM DISTRICT ATTORNEY: It would be inappropriate for me to comment on any of the evidence at this point. And it would be inappropriate for me to comment on any of the things that have been said by the defense counsel. I'm trying to prepare a case so that we can be in a position to do what we need to do under my statutory authority.</s>CARROLL: An exotic dancer who attends a nearby university by day has told police she was raped by three lacrosse team members after she performed at a party at this off-campus house rented by the players. The players have maintained nothing happened. In addition to the DNA results, Bill Thomas, an attorney for one of the players, says he has time-stamped pictures that he says discounts some of the young woman's allegations.</s>BILL THOMAS, DEFENSE ATTORNEY: These photographs corroborate the statement of all 46 of these young men. It's very clear that the victim in this case came to the house with injuries on her.</s>CARROLL: The father of one of the players expressed relief at the evidence, but concern about the impact on the team.</s>MARK KOESTERE, PARENT OF LACROSSE PLAYER: But they all are, as they say, cautiously optimistic. They know that this is not over. They know that there's a lot of scrutiny on the program, on the school, and that probably lacrosse at Duke and life at Duke will never be the same. We hope it's better.</s>CARROLL: The case has already magnified racial tensions in the community. The young woman is black. She says the three white players who attacked her used racial slurs.</s>CHESHIRE: None of us standing up here are saying that there aren't proper social and moral issues that have come out of this whole discussion that aren't appropriate for discussion. There are. But, unfortunately, people have meshed those things with this sexual assault.</s>CARROLL: The defense attorneys say their clients are relieved but not surprised by the DNA results. They also say it's time for the district attorney to drop the case so Duke's players, the university, and the community can begin to heal. Jason Carroll, CNN, Durham, North Carolina.</s>KAGAN: Obviously this latest development raises a number of legal questions. Our Senior Legal Analyst Jeffrey Toobin joins me by phone now. Jeff, good morning.</s>JEFFREY TOOBIN, CNN CORRESPONDENT: Hi, Daryn.</s>KAGAN: So the defense attorney comes out and say there's no DNA match. Is this a done deal or does the investigation go on?</s>TOOBIN: No, it certainly will go on. And I think there's a lot we still don't know here. And there's one specific issue we don't know that really is very important. Do these DNA tests show the presence of semen of a person who is not among the 46? If that's the case, then I really do think the investigation is probably over and these 46 students will be cleared. However, if the results are simply ambiguous, if no match could be made between whatever genetic material was found on the woman in anyone, then the investigation will certainly continue using the traditional non-DNA techniques, eyewitnesses, witness statements and the prosecution will see if they can make a case.</s>KAGAN: Well, where does the prosecution go from here and does it have to be just simply a case of rape? Perhaps this woman was attacked?</s>TOOBIN: Well, that's right. And it's important to remember that rape and all sorts of other kind of assault cases have been proved for years without DNA evidence. And, at this point, the prosecution has to rely on those traditional techniques. They'll interview the women. Perhaps they'll do a lineup and see if she can identify her attackers. They will take statements from the students who were the suspects. Perhaps some of them will talk to the police and make damaging admissions. Those are the traditional techniques and others that police and prosecutors use and a DNA test doesn't stop them from using them and perhaps even bringing a case.</s>KAGAN: As a former prosecutor, Jeff, how do you think this investigation has been handled so far? Is it even possible to have a proper investigation in such a heated atmosphere?</s>TOOBIN: Well, you know, there are often high-profile cases, and I'm not prepared to say that the Durham authorities have messed this case up at this point. The important thing they have not done is filed charges before they're sure of their case. There's no reason. I mean these 46 students, f they're suspects, they're not going anywhere. There's no reason to think that they're going to be fugitives. So I think it's proper to do a full investigation and then make arrests, if possible. But obviously, these DNA tests have not made the police and prosecutor's case any easier and it is good news for these students.</s>KAGAN: Jeffrey Toobin on the phone. Jeff, thank you for your expertise. Always appreciate it. As you heard in the piece, of course, there are moral and ethical issues that have been brought up in this whole story. We're going to have a chance to talk with representatives from both universities that have been involved in the story. That's ahead on CNN LIVE TODAY. An understatement, to say the least. This is an emotionally trying week for witnesses and jurors in the Zacarias Moussaoui case. Today, families who lost loved ones at the Pentagon are telling their stories. They followed painful and tearful testimony from people whose relatives died in New York on 9/11. CNN's Kelli Arena is covering the trial in this "CNN Security Watch."</s>KELLI ARENA, CNN CORRESPONDENT, (voice over): The jury heard gut-wrenching 911 calls from people trapped inside the burning World Trade Center. Melissa Doi was on the 83rd floor of the south tower pleading with the operator to send help.</s>MELISSA DOI: I'm going to die, aren't I?</s>DISPATCHER: No, no, no, no, no.</s>DOI: I'm going to die.</s>ARENA: Help never arrived. Tax lawyer Harry Waizer told jurors how he was riding the elevator up to his office at Cantor Fitzgerald, a financial securities firm, when the first plane struck. Flaming jet fuel burned his face, legs and arms and damaged his lungs and throat. His story was as horrific as when he told it to the 9/11 Commission.</s>HARRY WAIZER, 9/11 SURVIVOR: The elevator was ascending when suddenly I felt a drop by an explosion and then felt it plummeting. Orange streaming sparks were apparent through the gaps in the doors of the side of the elevator. I the elevator scraped the walls of the shaft, the elevator burst into flame. I began to beat at the flames, burning my hands, arms and legs in the process.</s>ARENA: Cantor Fitzgerald lost 658 staffers on 9/11. Yesterday, one by one, victim family members cried or fought back tears as they testified in the Zacarias Moussaoui death penalty trial. Lee Hanson described how his son, Peter, his daughter-in-law and their child, Christine, died aboard United Airlines Flight 175. Christine, just two and a half, was the youngest victim on 9/11. Peter had called his father from the plane after hearing him whisper "oh, my God" three time, Lee Hanson watched on television as that plane struck the tower and burst into flames. Incredibly, seven of the 15 witnesses lost two or more relatives. Most did not look at Moussaoui except for one. Sharif Chowdri (ph), a Muslim from Bangladesh, glared at Moussaoui after testifying that in Islam a man is not allowed to kill another innocent man. Chowdri lost his daughter and his son-in-law. The judge warned prosecutors that too much emotional testimony could be grounds for an appeal. Telling them, "you may pay a price for that down the road." Kelli Arena, CNN, Alexandria, Virginia.</s>KAGAN: Stay tuned to CNN day and night for the most reliable news about your security. Case dismissed against a New Orleans man roughed up by police. Remember this video? It was the run-in last October between retired teacher Robert Davis and New Orleans cops. It was caught on tape. Davis was charged with public intoxication, resisting arrest and battery. Now he and his lawyers says prosecutors have dropped the case. Davis insisted all along he hadn't had a drink in 25 years. The three officers still face charges. Two were fired. Katrina contracts riddled with waste. You're not going to believe how much the government paid for blue tarps, ahead on LIVE TODAY. Believe it or not, this barking could be the answer to your inner peace. Coming up on LIVE TODAY, meditating with your dog.