FAQ: Roger Cossack on Duke lacrosse
Just a test.
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What does this all mean? What kind of evidence could still remain? What will the prosecution and defense teams do next? ESPN.com legal analyst Roger Cossack stopped by SportsNation to help answer these questions.
Click here for or a complete transcript of Cossack's chat.
ESPN Radio Podcast: Roger Cossack
1. Will the DNA results alone prove that the Duke lacrosse players are innocent?
Roger Cossack: It certainly goes to help them, but it depends on whether the prosecutors have any other evidence that helps prove their guilt. We don't know that yet.
2. When a DNA test comes back negative, what exactly does that mean?
Roger Cossack: It means that there is no match between the evidence that was gathered and the people that it was measured against. The samples were from the Duke lacrosse team and any evidence from the alleged victim. It means what it says that is there is no match. Whether there were any samples that were contaminated is another story.
3. Is there any way to get a conviction without DNA evidence?
Roger Cossack: Yes. If the jury believes beyond a reasonable doubt the victim's statement, they could convict.
4. How has the DA handled this case so far?
Roger Cossack: I'm a believer that prosecutors should not discuss the case anywhere else but the court room. I'm critical of prosecutors that talk about the case in the media. Anything out of the court room is improper. What it leads to is the defense feeling like it needs to catch up and talking to the press and releasing evidence.
5. How does the inflammatory e-mail (written by one of the Duke lacrosse players hours after the party) affect the investigation?
Roger Cossack: I don't think it has legal ramifications. It's certainly hateful and should be condemned, but in this country there is no law that we have to like everyone. But as to the relevance in the court room, unless there is a connection between the person that wrote that e-mail and the alleged victim, I don't think there's relevance in the e-mail.
6. What are examples of other types of evidence that the DA might have to counter the DNA evidence?
Roger Cossack: Well, it depends on what other evidence is available. I have no information on what evidence exists, but examples could be, if someone heard the alleged victim screaming, if the alleged victim was beaten and had cuts, if someone made a statement to the police that corresponds to what the alleged victim said. We don't know what they are. Also, it's my understanding that she went to the hospital and had an examination done with a rape kit. Someone who is trained in these things determined that she was sexually assaulted. We don't know what condition she was in and we don't know what the DA knows and what he will take into consideration.
