Duke University Suspends Entire Lacrosse Team Due To Rape Allegation

[nbcrusader]

2nd Duke stripper: rape charges were 'crock'

DURHAM, N.C. - A second stripper who performed at a Duke University lacrosse party where a dancer said she was assaulted called the allegations a “crock” in early interviews with police, according to court papers filed by a defense lawyer.

Kim Roberts said the accuser was out of her sight for only five minutes. The accuser told police she was dragged into a bathroom and raped, beaten and choked for half an hour.

Roberts’ statement about the March 13 lacrosse team party was cited in a filing Thursday by lawyers for Reade Seligmann, 20, one of three team members charged in the case.

 

[Headache in a Suitcase]

District Attorney Mike Nifong and lead police investigator Benjamin Himan did not return phone calls seeking comment Thursday.

The case first gained attention in late March after prosecutors took a sworn statement from Himan and asked a judge to order the team's 46 white players to give DNA and sit for photographs.

The accuser reported being hit, kicked and strangled, Himan wrote. He said medical records and interviews showed symptoms and injuries consistent with being raped vaginally and anally.

On Thursday, Seligmann's lawyers submitted a sworn statement describing parts of the medical examination and filed 23 pages of medical records under seal. The lawyers said they filed the records privately out of caution that they not violate the accuser's privacy rights, but they also asked that a judge make the records public.

The lawyers argued that the records Nifong gave defense lawyers undercut Himan's claims:

* The accuser told the examining nurse she was not choked.

* The only physical trauma found by the nurse, who was in training, was the scratch and cut.

* The accuser told two doctors that she was assaulted vaginally and mentioned no other assault. She denied being hit.

* The nurse's pelvic examination found swelling in the vagina but no other injuries.

* The nurse made no conclusions or opinions about rape or sexual assault in her report.

Nurses generally do not make such conclusions, said Debbie Flowers, an assistant supervisor at UNC Hospitals.

Seligmann's attorneys argued that the woman's activities before the party explain the swelling.

The woman told police that during the weekend before she had an appointment with a couple at a hotel where she used a sex toy on herself.

Her driver, Jarriel Johnson of Raleigh, gave police a handwritten sworn statement on April 6 that detailed his time with her.

Two days before the party, Johnson said he drove the woman to an hourlong appointment at the Holiday Inn Express in Wakefield. At 11 p.m., Johnson said, he drove her to Platinum, a strip club in Hillsborough. The woman twice asked him to stay another hour, he wrote. At 4:30 a.m., Johnson said, he drove her to an hourlong job at the Millennium Hotel near Duke University.

The next night, Johnson said, he drove her to Raleigh "to find this guy she met." They checked into a hotel near Lane Street, bought Chinese food and waited for the man to call. Johnson said he left at midnight. When he came back the next morning, Johnson said, he waited in his car while the accuser performed for an older man in the hotel room.

Later that day, Johnson said, he was taking the accuser to her parents' house in Durham when she asked him to stop so she could go to the bathroom. "She got out of the car and started walking down Creedmoor Rd.," Johnson wrote. "I pulled my car over and got out to chase her down. She told me to leave her alone."

Johnson said he asked several times before she climbed back in the car. The two reached Johnson's home about 4:30 p.m.

Johnson said he wasn't able to drive that evening; the accuser told Johnson that another friend, Brian Taylor of Durham, would drive her to a bachelor party in Durham, the lacrosse party.

http://www.newsobserver.com/1185/story/448437.html


this case is such an F'ing joke. where are the protests now? where is the outrage that this DA continues to persue this case despite the boatloads of evidence pointing elsewhere? nifong would need a video of the alleged attack at this point to prove his case... he has nothing, because there is nothing.

rediculous... everyone's up and arms when they thought a rape occured, now everyone stays quiet while the lifes of these three get dragged through the shitter.

 

[nbcrusader]

rediculous... everyone's up and arms when they thought a rape occured, now everyone stays quiet while the lifes of these three get dragged through the shitter.

I wonder if deep has a picture for that.

 

[Headache in a Suitcase]

DURHAM, N.C. -- A special prosecutor should be named to handle the rape case against three Duke University lacrosse players, says the Duke law professor who led the school's investigation of the program.

James Coleman said Monday that statements by defense lawyers have caused him to question the impartiality of District Attorney Mike Nifong.

"I don't think he's showing detached judgment," Coleman said.

Nifong, a prosecutor for more than 27 years, was criticized for speaking in public about the case before charges were filed. But since then, he has made almost no public statements about it.

He declined comment Monday on Coleman's suggestion, The News & Observer of Raleigh reported.

"I think any decent prosecutor in North Carolina could handle this case," Coleman said. "It's important to have somebody that people respect, someone who has no dog in the fight."

Coleman said he hasn't spoken to any lawyers in the case. Three Duke lacrosse players are accused of raping a dancer at an off-campus party on March 13.

 

[Headache in a Suitcase]

Report: All Charges Against Duke Lacrosse Players to Be Dropped Soon
Thursday, March 22, 2007

The remaining charges against three Duke University lacrosse players originally indicted for rape may be dropped sometime within the next few days, according to a report.

Inside Lacrosse Magazine writer Paul Caulfield told FOX News on Thursday that several sources have revealed to him that the assault and attempted kidnapping charges still pending against Collin Finnerty, 19, of Garden City, N.Y.; Dave Evans, 23, of Bethesda, Md.; and Reade Seligmann, 20, of Essex Falls, N.J., will soon be dropped.

Caulfield said his sources include more than just attorneys for the defense.

"There is no case here and they will be hearing a dismissal in the coming days," Caulfield told FOX News.

Durham District Attorney Mike Nifong last year indicted the three former players with raping an exotic dancer hired to perform at an off-campus lacrosse party on March 13, 2006. The dancer, who is black, claimed that she was sexually assaulted in a bathroom in the house by three white lacrosse players. DNA was taken from all members of the university lacrosse team, except for the single black player on the team. DNA tests never conclusively proved that anyone on the team assaulted her. But DNA from other individuals was found in the accuser's underwear, among other places.

The case caused a firestorm of racial tension in a community. Lacrosse coach Mike Pressler was essentially fired and last year's spring season was canceled, Seligmann and Finnerty were suspended (Evans had already graduated by the time the story came out), and Duke began a rigorous review of how alcohol on and around campus is treated.

As the months went on, the story of the accuser — a 28-year-old student at North Carolina Central University — continued to change. When she acknowledged late last year that she could not be sure if she was actually raped, Nifong dropped the rape charges against the three players. The players had claimed their innocence all along, calling the charges "fantastic lies."

Nifong is now facing ethics charges from the state bar association from, among other thing, concealing potentially exculpatory evidence that defense lawyers claim could have proved their clients' innocence.

There have been rumors that the families of Finnerty, Seligmann and Evans may be considering civil lawsuits against Nifong, Duke or the state if it turns out the accuser's story doesn't pan out and Nifong is found to be guilty of mishandling the case.

"This is something that will wait in the wings. Once the criminal case is dropped, we are going to see this and I believe we'll see it quite quickly," said Caulfield, a former prosecutor.

June 12 is the date of the next scheduled hearing for Nifong.

The former prosecutor in the Duke lacrosse sexual assault investigation faces a June 12 trial date on ethics charges stemming from his handling of the highly publicized case.

The North Carolina State Bar has charged Nifong with several violations of rules governing professional conduct, including withholding evidence from defense lawyers. He's also accused of lying to the court and to bar investigators, and making misleading and inflammatory comments about the players.

Legal experts have said Nifong could be disbarred if he's convicted. While he said he's not sure if that will happen, Caulfield said he wouldn't be surprised if the district attorney is suspended from practicing.

"We're going to see the tables turned on Mike Nifong in the media and in the courtroom because he still continues to defend his name," Caulfield said.

 

[corianderstem]

I'm very curious to see if any of those guys and their families will bring suits against Nifong. Very interesting.

 

[yolland]

It wouldn't surprise me at all if they did, and it's most likely what Nifong deserves. I don't really understand why they would file a suit against Duke though.

 

[phanan]

All charges against Duke lacrosse players dropped


RALEIGH, North Carolina (CNN) -- All charges have been dropped in the sexual assault case against three former Duke University lacrosse players, North Carolina's attorney general announced Wednesday.

Attorney General Roy Cooper said there was insufficient evidence to pursue criminal charges against any of the players.

"The result of our review and investigation shows clearly that there is insufficient evidence to proceed on any of the charges," he said. (Watch Cooper exonerate the players )

"Today we are filing notices of dismissal for all charges against Reade Seligmann, Collin Finnerty and David Evans.

"The result is that these cases are over and no more criminal proceedings will occur.

"We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations. Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges."

Seligmann, Evans and Finnerty were charged with first-degree kidnapping and first-degree sexual offense after an escort-service dancer accused them of raping her at a team party.

"Rape and sexual assault victims often have some inconsistencies in their account of a traumatic event," Cooper said. "However, in this case, the inconsistencies were so significant and so contrary to the evidence that we have no credible evidence that an attack occurred in that house on that night."

Attorneys for the students have insisted from the start that their clients are not guilty.

The three former players and their families were expected to hold a news conference later Wednesday.

In January, Cooper's office took over the case from Michael Nifong, the Durham County district attorney who had been handling it. Nifong faces multiple ethics complaints from the state bar over his handling of the case.

Wednesday, defense sources told CNN the defense plans to pursue civil suits against Nifong no matter what decision was announced.

The same sources said there were no plans to sue the accuser, who was described as "a troubled soul."

Cooper would not comment on possible civil suits, but said, "I think a lot of people owe a lot of apologies to other people. I think that those people ought to consider doing that."

Case began a year ago

The dismissal of the charges ends a yearlong battle fought in the North Carolina courts.

The allegations of rape, which sparked controversy in the Raleigh-Durham area and quickly moved into the national spotlight, were made last year when one of two women hired to dance at a March 13, 2006, party accused the students of raping her.

The woman initially said the three raped her in a bathroom, but the rape charges were dropped in December after she told prosecutors she could no longer testify that she had been penetrated with a penis, one of the defining factors of rape under North Carolina law. In addition, two DNA tests have found no evidence linking any of the three men to their 28-year-old accuser.

The North Carolina state bar filed ethics complaints against Nifong in December and January, accusing him of withholding DNA evidence from the players' defense attorneys and of "making misrepresentations to the presiding judge."

Other ethics complaints said Nifong had made inappropriate comments to the media about evidence, testimony, and the students' character and credibility.

Nifong will be tried by the bar in June and could be disbarred if he's found guilty, AP reported.

The case prompted national outrage and discussion about racism and the rowdy behavior of privileged students at a prestigious university.

The accuser, a student at nearby North Carolina Central University, is black; the three accused men are white.

When the case began, Seligmann, of Essex Fells, New Jersey, and Finnerty, of Garden City, New York, were both sophomores. Evans, the team captain, who is from Bethesda, Maryland, graduated a day before turning himself in to face charges.

In January, Duke invited Seligmann and Finnerty to return for spring semester. They had been placed on administrative leave after the dancer made her accusations. Neither accepted the invitation, according to AP.

Evans became the first accused player to speak out, vehemently proclaiming his and his teammates' innocence as he turned himself in on May 15.

"It did not happen," he said. "I will be acquitted of all these charges because I have done nothing wrong, and I have told the truth. I have told the truth from day one."

 

[ntalwar]

Now they're having a news conference .

 

[CTU2fan]

So I guess they're innocent, just like Michael Jackson & OJ...

 

[Justin24]

So I guess they're innocent, just like Michael Jackson & OJ...

So I am guessing you think these guys did rape her???

 

[MadelynIris]

I went back and read some of the first few posts of this thread.

We are so quick to judge, and so quick to believe the media.

 

[U2Bama]

Now they're having a news conference

I'm just curious...do you think it's wrong for them to have a press conference? I think you favored a press conference for the Rutgers womens' basketball team (which I think was a good idea), but why would it be wrong for these guys to have one?

~U2Alabama

 

[ntalwar]

I'm just curious...do you think it's wrong for them to have a press conference? I think you favored a press conference for the Rutgers womens' basketball team (which I think was a good idea), but why would it be wrong for these guys to have one?

~U2Alabama

It was a sarcastic reply.

 

[U2Bama]

I see.

~U2Alabama

 

[Dreadsox]

I went back and read some of the first few posts of this thread.

We are so quick to judge, and so quick to believe the media.

Yep.

 

[U2Bama]

You just reminded, I need to go downstairs and watch Lost.

~U2Alabama

 

[Irvine511]

It was a sarcastic reply.

should we not make distinctions between, say, being accused of gang rape vs. some man on the radio saying three mean words?

 

[ntalwar]

should we not make distinctions between, say, being accused of gang rape vs. some man on the radio saying three mean words?

In both cases, the media room was full, so there was significant interest. Among other things, press conferences help get rid of reporters/photographers camping outside their residences and calling them endlessly. Even lottery winners have press conferences.

 

[CTU2fan]

So I am guessing you think these guys did rape her???

I don't know if they did or not. OJ was probably a bad comparison...I'd say they're as innocent as Kobe Bryant, basically maybe or maybe not. I think it was wrong to assume their guilt at the time of accusation (I know a lot of people made that assumption), but to assume they're saints & angels now because of the dismissal is naive at best.

 

[MrsSpringsteen]

I don't think anyone is assuming they're "saints and angels"-that is for them to know and for the people who know them and observe their conduct and them as people to determine. They have been cleared of the rape charges, so as far as that is concerned whether or not they are saints or angels is irrelevant. I don't know about the alleged racist comments, from what I followed I really didn't hear what happened with that. Racist comments aren't rape, obviously. But if they happened that's wrong.

Yes what was done to them was wrong, but the distinction still exists that a small percentage of rape accusations are false. Of course for them that isn't an important distinction because of what was done to their lives by an overzealous politically motivated and completely unethical prosecutor and by the media. I think the racial atmosphere in that area played into it too. But there is a big danger from false accusations of rape(and from people taking real accusations less seriously as a result) and I hope this woman realizes what she has done to rape victims in addition to what happened to the lacrosse players. If she had to spend any length of time in a rape crisis center it wouldn't take her long to realize that.

 

[Headache in a Suitcase]

dear boys,

sorry we spit on the constitution, presumed guilt before innocence, and ruined your life.

our bad.

love,
america.

 

[Irvine511]

so ... who's going to apologize to them?

 

[Headache in a Suitcase]

al sharpton.

 

[yolland]

Her and Nifong preferably, but that's not likely to happen.

 

[anitram]

dear boys,

sorry we spit on the constitution, presumed guilt before innocence, and ruined your life.

our bad.

love,
america.

Well, given how your AG and President treat the Constitution like it's a piece of toilet paper, it's no surprise.

But really, this is not anything different. The presumption of innocence is something used by the courts - how much of the public ever really applies that tenet? These are not the first nor last accused who will be presumed guilty by the court of public opinion. Happens all the time.

 

[Headache in a Suitcase]

but these are not public figures... they are simply college students, and they did not deserve to have their names dragged through the mud by the media.

 

[deep]

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MrsSpringsteen 16
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randhail 3
MrBrau1 2
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This is the type of thread I usually try and stay out of.

(I don't have time to read eleven pages and see what two brilliant or stupid remarks I contributed)

I believe there is always more information to shed light on the subject and (hopefully) reveal more truth.

At this point I will add that I think the DA is in trouble and deservedly so.
I don't think it was wrong to bring the charges but,

There was a turning point where the case collapsed, he needed to take his lumps then.

 

[financeguy]

but these are not public figures... they are simply college students, and they did not deserve to have their names dragged through the mud by the media.

But you're forgetting..

White man oppressor.

White man ALWAYS guilty.

 

[ntalwar]

But you're forgetting..

White man oppressor.

White man ALWAYS guilty.

Is that a phrase you coined?