When a 17-year-old girl claimed Sergeant David Rodriguez – who had responded three times to domestic violence calls at the victim's home – raped her in February, authorities believed the "smoking gun" in the case would be a DNA link between a piece of gum, that was supposedly shoved down the teen's throat as he raped her. Rodriguez, who is married to WNBC-TV co-anchor Darlene Rodriguez, was ordered to submit a DNA sample.

And the tests are back: The DNA doesn't match.

Testing shows the girl's DNA on the gum, along with DNA from an unidentified male.

According to court documents, the victim described receiving a piece of gum from the defendant during the rape and that the defendant forced his tongue into her mouth as she was chewing the gum.

Worth says it is Rodriguez's DNA on the gum, not from his tongue but from his fingers. Rodriguez supposedly popped the gum out of the package and handed it to the victim during the domestic violence call.

"He was there on official business three times. His DNA is going to be all over her apartment and by all accounts he touched the gum and gave it to her and no surprise," Worth said.

CBS 2 HD has learned of additional evidence in the case, taken from a surveillance camera near the crime scene.

The video was enhanced by experts and police believe it shows Rodriguez arriving at the girl's residence while off-duty, just as she described.

The alleged victim also gave police a graphic description of a distinguishing feature of Rodriguez's lower anatomy. Sources say add it all up and she's a very credible witness.

But Rodriguez maintains his absolute innocence and accuses his former police colleagues of conducting a shoddy investigation. [WCBS]