WASHINGTON (CBSDC/AP) — The Supreme Court won’t hear an appeal from three former Duke University lacrosse players who were among those falsely accused of raping a stripper.
The players, Ryan McFadyen, Matthew Wilson and Breck Archer, wanted the court to say their constitutional rights were violated by the Durham, N.C., police when officers made them give DNA samples and examined their bodies in an attempt to find evidence to use against them.
The players were declared innocent and all charges were dismissed in a case that garnered national attention.
A judge found former Durham County District Attorney Mike Nifong guilty of providing the defense with incomplete DNA test results that would have cast doubt on the guilt the accused players. The data missing from the report revealed DNA of multiple men was found on the accuser. The DNA did not belong to any member of the lacrosse team.
Nifong, who was termed a “rogue prosecutor” by the attorney general of North Carolina, has been disbarred.
Smith found Nifong had provided the defense with a report on the DNA testing that he knew was incomplete. The excluded data contained test results showing that DNA of multiple men, none of whom were lacrosse players, was found on the accuser.
The 4th U.S. Circuit Court of Appeals said police can use a significantly lower standard than “probable cause” to justify a court order compelling a search and DNA swabs. The high court will not review that decision.
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