DNA: man accused of rape is not father

BUFFALO, N.Y. (WIVB) - There's been a stunning twist in a case about a former YMCA counselor in Buffalo. Martel Jones had been accused of impregnating an 11-year-old girl.

Police charged Martel Jones with raping an 11-year-old girl at the Ellicott-Masten YMCA last summer. That girl gave birth to a baby boy earlier this year and she claimed Jones was the father. A DNA test was taken and Friday, we learned the results.

The DNA test shows Martel Jones is not the father of Jane Doe's baby. She's the 12-year-old camper who accused Jones of raping her, during a summer camp at the Ellicott-Masten YMCA last summer. Jones' attorney, Michael O'Rourke just got the results.

O'Rourke said, "I have received the results of the scientific testing, and the DNA in this case. They show, with 100-percent certainty, that Martel Jones is not the father of the child in question."

It was shocker to some, but O'Rourke says Jones has consistently denied being the father.

"And that is why we wanted to have these tests done. We have been telling the District Attorney's office, and the courts, that he is not the father of this child," said O'Rourke.

The encounter allegedly took place in the downstairs sauna, and when questioned by Buffalo Police, Jones signed a written confession that he did have sex with Jane Doe. That is why John Elmore, attorney for Jane Doe, is undeterred in the lawsuit he has filed against the Y and the YMCA Buffalo Niagara on behalf of the 12-year-old.

Elmore said, "In no way minimizes my resolve, and Brown Chiari law firm's resolve, to prosecute the YMCA for negligently supervising that summer youth camp."

So if Martel Jones is not the father of they baby born from a sexual assault on an underage girl, who is? Michael Appelbaum, the YMCA's attorney says, Jane Doe once claimed the father was a 14-year-old boy she met in North Carolina. The news could be a positive for the YMCA in the lawsuit, but Appelbaum says what this 12-year-old mother has gone through is hardly "good" news for anyone.

Appelbaum said, "The fact that there now may have been additional sexual partners. That concerns me, as a parent and as a member of this community. So I am not going to characterize that as good news."

Last month, an Erie County grand jury reduced the charges against Martel Jones to "sexual misconduct," which are misdemeanors. Jones returns to City Court on August 30th and his attorney believes the DNA results will help his case. A spokesman for District Attorney Frank Sedita declined comment.