DMX Attorney Claims DNA Results Slow In Coming

Lawyer claims to be having a tough time getting report that would help prove his client's innocence or guilt.

The attorney for rapper and accused rapist DMX is claiming that he has not been able to

get a DNA test done on his client because "it's summer and no one wants to work in the


Asked Monday (Aug. 3) why a lab report requested last month had been delayed until

later this month, DMX attorney Murray Richman -- who has purported his client's

innocence all along -- said the summer season has slowed the process of attaining the

test results, adding, "I can't get the thing done."

As a result, a Tuesday (Aug. 4) hearing scheduled to reveal results of DNA testing on

DMX (born Earl Simmons) is likely to be adjourned until later this month, according to the

rapper's attorney. The test was requested in July in an effort to help the court determine

whether to follow through on charges that DMX raped and sodomized a woman in June.

Richman said he anticipates that Tuesday's hearing, to be held in Bronx Criminal Court

in New York, will be adjourned until the end of August, by which time the lawyer said he

hopes to have the results of a test on DMX's blood. Following his arrest, the 27-year-old

rapper continued with his plans to tour as part of the "Survival of the Illest" tour.

DMX -- whose debut album, It's Dark And Hell Is Hot, topped the Billboard

200 albums chart during its first week of release in May -- is officially charged with

raping, sodomizing and falsely imprisoning a 29-year-old woman as she allegedly

screamed for him to stop in a South Bronx, N.Y., apartment during the early morning

hours of June 13.

When the hearing was scheduled last month, the plan was that the lab results would

then be presented to determine whether DNA from semen samples obtained from the

victim match the DNA from DMX's blood, said Gloria Cullen, a spokeswoman for the

Bronx district attorney's office. Results from the DNA test are expected to play a key role

in determining whether a grand jury will be convened in the case.

DNA, or deoxyribonucleic acid, is the chemical that transmits hereditary

characteristics from parents to children. The order in which DNA building-blocks are

linked varies from person to person, with the probability of incorrectly matching a crime

specimen with a suspect being very low, in some cases less than one in a billion.

Last month, Richman said he ordered the test to prove DMX's innocence. "My

client didn't do it. If the woman had been penetrated, if there was

evidence of semen, it would show up, wouldn't it?" he said.

In addition to single counts of rape and sodomy, the rapper also was

charged with three counts of sexual abuse and two counts of unlawful

imprisonment. His accuser alleges that DMX pinned her to a bed with his knees

during the alleged attack.

Although Richman spoke with DMX on Monday, he said the rapper had

no comment on the DNA test or the hearing.

It's Dark And Hell Is Hot, which features the track

HREF="'_Wit'_D.ram">"Fuckin' Wit' D"

(RealAudio excerpt), has sold 890,000 copies, according to Def Jam

spokeswoman Gabrielle Peluso. DMX recently wrapped up the "Survival of the

Illest" tour of the Midwest and East Coast with labelmates Onyx and Def Squad.