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Attorney: No Plea Deal for Duke Player
abc11TV.com ^ | April 19, 2006

Posted on 04/19/2006 9:33:10 PM PDT by Howlin

AP 

(04/19/06 - DURHAM) - An attorney for one of two Duke University lacrosse players charged with raping a stripper at a team party on Wednesday strongly rejected any sort of deal with prosecutors, proclaiming again his client's innocence.


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"I don't think there is any chance in hell that there will be a guilty plea," attorney Bill Cotter said. "I can't tell you about (everybody), but my client's case is either going to be dismissed by the D.A. or go to trial."

Cotter represents Collin Finnerty, who along with fellow sophomore Reade Seligmann was indicted Monday on charges of first-degree rape, sexual offense and kidnapping. Each posted $400,000 bond after their pre-dawn arrests early Tuesday, and both were released within hours.

School officials have declined to say whether it plans to discipline either of the players, although they have noted the university has historically suspended students charged with a felony.

Cotter said Wednesday that Finnerty, of Garden City, N.Y., has left Durham, although he wouldn't say where he went. Attorney Kirk Obsborn, representing Seligmann, of Essex Fells, N.J., declined to say whether his client has been suspended.

Seligmann and his father spent much of Wednesday working from the law office of attorney Robert Ekstrand, who represents dozens of uncharged lacrosse players.

District Attorney Mike Nifong, who has not granted interviews in weeks and said Tuesday he planned to make no comments about the case outside the courtroom, has said he still hopes to link a third man to the alleged attack.

He did not return calls Wednesday seeking comment about that effort, or about searches by Durham police Tuesday night of Seligmann's and Finnerty's dorm rooms.

Warrants authorizing the searches had not been returned to the court clerk's or magistrate's office by Wednesday evening.

"I can imagine they never quit investigating, but I think it's unusual to be executing search warrants after they've indicted," Cotter said.

Defense attorneys have said they have time-stamped photos from the party, bank records, cell phone calls and a taxi driver's statement to support Seligmann's claim of innocence.

A person close to the case told The Associated Press on Wednesday that the cell phone records show Seligmann called for a taxi at 12:14 a.m., and that according to sworn testimony he left in the taxi at 12:19 a.m.

The bank records show he stopped at an ATM five minutes later, the person added, while information provided by Duke shows he swiped an ID card to enter his dorm at 12:46 a.m.

A member of the defense team, who also spoke on condition of anonymity because the defense is working with players who could still be indicted, showed photos to the AP on Wednesday that show the accuser on the back porch of the off-campus house, with her clothing intact. She is smiling and looking through her purse.

The defense team member said the digital photos were taken at 12:30 a.m., citing an electronic time-stamp known as metadata. Such time-stamps are not visible on the photos. They are created, though, when digital photos are taken.

The accuser, a 27-year-old student at a nearby college, told police she was attacked by three white men at a house where she and another woman were hired to dance at a lacrosse team party. According to defense attorneys, DNA tests conducted on all the players failed to connect any of the team members to the alleged rape.

"I would have to say she is definitely making it up," Cotter said.

Nifong has ordered additional DNA testing, which was originally performed at the state crime lab. Cotter said he believes those results should be "back any minute."

Ekstrand said the defense has also not yet received a report from authorities about any photo identifications of suspects made by the accuser. "I think we're entitled to the report of the identification procedure, and the results of the photo identifications she did," he said.

The allegations of rape led Duke to cancel the highly ranked lacrosse team's season, accept the resignation of the team's coach and begin a series of internal investigations, including one into the behavior of the lacrosse team.



TOPICS: Local News; Miscellaneous
KEYWORDS: duke; dukelax; lacrosse
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To: schooter

Ya know, it really doesn't matter what SHE DID, the only thing that matters is what THEY DID. Get with the program! (sarc)


141 posted on 04/20/2006 7:06:04 AM PDT by panthermom
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To: Warren_Piece
This should work for you.

http://www.primatecenter.duke.edu/

I went to Duke for 9 years and then taught at a state land grant for 14. I can promise you that all universities (with a very few exceptions) are so PC these days that any university would have pounced on the opportunity to throw the team under the bus.

142 posted on 04/20/2006 7:06:23 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Peach

So she had time to paint her nails? Would those be the 4 fake nails she replaced in the bathroom? Perhaps she spent an extended time in the bathroom because in her drunken state she decided it was a good time to replace some of her fake nails? Either that or she was brutally raped for 30 minutes and the first thing that came to mind was not going out with bad looking nails.


143 posted on 04/20/2006 7:07:43 AM PDT by rocklobster11
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To: Howlin

Clarabelle the Clown would make a better DA than this turkey.


144 posted on 04/20/2006 7:08:21 AM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: I want to know

The latest search warrants for the boys room haven't been made public yet.

The Defense lawyers are really upset because they have NOT been provided with any info on the Photo Lineup or Identification made. State law mandates the results and they say they have nothing.

Nifong also made a smart remark yesterday. When told that the Defense lawyers and players said they are waiting on the DNA results from the latest tests, Nifong said, Really that's News to me.


145 posted on 04/20/2006 7:09:31 AM PDT by OakOak
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To: Locomotive Breath

All these years I've been preaching to my kids, grades, grades, grades, the need to go college, yet the more I read and hear about colleges, the more I think I don't want my kids anywhere near these idiots.


146 posted on 04/20/2006 7:10:09 AM PDT by panthermom
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To: rocklobster11; Peach

Many of the photos taken on the back porch show pink splotches, which the defense says is undried nail polish. They claim the accuser was polishing her nails in the bathroom between 12:10 a.m. and 12:30 a.m. - - not being raped.



http://abclocal.go.com/wtvd/story?section=local&id=4091290


147 posted on 04/20/2006 7:12:29 AM PDT by maggief ( ... and YOU know what I'm talkin' about.)
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To: SirJohnBarleycorn
"You could argue that something might have happened in that period between 12:10 and 12:30. "

Yes, but it is extremely likely that it did NOT involve Seligmann. One photo shows the girls dancing at 12:01, another shows them walking out of the house at 12:04. At least two or three minutes would have passed before they were talked in to returning and went in to the bathroom, which takes us to 12:07. Seligmann made his first phone call at 12:07, then at 12:09, 12:11, and to the cab company at 12:14. In order to catch the taxi a block and a half away, he would have to leave the house by about 12:16. He entered the cab at 12:19, was at the ATM at 12:24, got some fast food somewhere, and checked back in at the dorm at 12:45. According to the DA's timeline, the rape would have started at about midnight, and lasted 30 minutes. There's no way that Seligmann could have participated. The most likely scenario, consistent with the photos, is that when the girls walked out the door at 12:04, Seligmann realized the show was over. So he got on his phone and called a cab within minutes, and left.
148 posted on 04/20/2006 7:13:17 AM PDT by Steve_Seattle
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To: panthermom

Man, this case gets more bizarre EVERY DAY!

Check out this quote from TODAY's News & Observer:

"Nifong has said the woman can identify at least one attacker, but he has not discussed his case against Finnerty and Seligmann."

ONE attacker ? What did the other guy do, give moral support?

Source: http://www.newsobserver.com/1185/story/430430.html


149 posted on 04/20/2006 7:13:29 AM PDT by OakOak
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To: panthermom
Coach K's ship is not any tighter run then the next ship. Go to a couple of Carolina & State student websites. They've got pictures to prove it. The difference is that Duke just wins a lot of basketball games.
150 posted on 04/20/2006 7:14:41 AM PDT by Hatteras
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To: Ohioan from Florida; OakOak

This is trivial for the Treason Media when compared to its significant crimes against the People. After decades of anti-American lies, attacks on Christianity, attacks on patriotism, attacks on defenders of our Nation, attacks on our Forefathers, shoving faggotry down our throats, defending perversity all down the line THIS makes you mad? LoL


151 posted on 04/20/2006 7:14:58 AM PDT by justshutupandtakeit (If you believe ANYTHING in the Treason Media you are a fool.)
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To: panthermom

My son just decided to go to Hampden-Sydney College in VA. It's been voted one of the top ten politically incorrect colleges in the country. There are islands of sanity.


152 posted on 04/20/2006 7:15:32 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Krankor

The more pertinent photos are the ones that show the girls dancing at 12:01, and walking out the door at 12:04. Seligmann's first cell phone call was at 12:07, followed by three other calls, the last of which was at 12:14, to call a cab. He was in the cab by 12:19. He could not have been involved in a rape, even if there was a rape.


153 posted on 04/20/2006 7:16:37 AM PDT by Steve_Seattle
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To: Steve_Seattle

Steve, Your timeline ignores the late photograph of the woman smiling and getting something out of her purse.

She ran out of there and barely escaped with her life we were told.

If someone has been, as reported, kicked, beaten, strangled, raped, and sodomized.. you don't stop (or pause) to feel through your purse and again - the SMILE.

.


154 posted on 04/20/2006 7:17:19 AM PDT by OakOak
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To: OakOak
"If someone has been, as reported, kicked, beaten, strangled, raped, and sodomized.. you don't stop (or pause) to feel through your purse and again - the SMILE."

Several posters have noted that rape experts can argue all sorts of things about that, and that a momentary apparent smile in a photo might actually be a grimace or an expression of pain. I prefer to argue from the photos that create a timeline incompatible with Seligmann participating in a rape.
155 posted on 04/20/2006 7:20:42 AM PDT by Steve_Seattle
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To: Mad-Margaret

I have NEVER in my life seen such a travesty on EVERYBODY'S part.

It's just damn depressing.


156 posted on 04/20/2006 7:22:03 AM PDT by Howlin
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To: Howlin
This was posted last night. Very interesting. Looks to me like the police are not going to be helping the DA if this case goes to trial:

I just finished watching Bill O'Reilly a former detective said his contacts on the Durham PD said they are not happy with the DA rushing this case.
They feel the DA did not allow for all the information to be gathered.
Also, this detective said the police he spoke with said they interviewed people that were with the accuser before she went to the party, and they all said
she was INTOXICATED, and she has a credibility issue (SHOCKER).

To me this is the truth because I noticed the Durham chief of police was rolling his eyes to the ceiling while DipThong(thanks Michael Savage) was holding one of his little media conferences a couple of weeks ago.
Also, someone posted that they also noticed at that same presser, when the C.O.P was asked a question about the investigation he made a comment
like, 'the DA says investigation is moving along, that means its moving along.' (something like that).
I remember someone posted the comment on the forum, because they thought it was odd, and was an indication the C.O.P was not happy.
Very perceptive, because now it's been mentioned by the former detective on O'Reilly that the Durham Police are not happy.
1,678 posted on 04/19/2006 8:44:06 PM PDT by snarkyta
157 posted on 04/20/2006 7:22:50 AM PDT by connectthedots
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To: OakOak

To finish my thought - there is nothing about her searching her purse that is incompatible with her being raped. She might be looking for a cell phone, a bandage, an address book, kleenex, etc.


158 posted on 04/20/2006 7:22:53 AM PDT by Steve_Seattle
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To: Hatteras

How about a link?


159 posted on 04/20/2006 7:24:55 AM PDT by connectthedots
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To: Steve_Seattle
Yes, experts can argue anything, but more than not, jurors have COMMON SENSE when it comes to these types of situations.

Let's not forget THE ALIBIS of the indicted.

There is NOWAY this slut is telling the truth. The evidence so far does not support her statements about what happened. Lets not forget there is no DNA
160 posted on 04/20/2006 7:25:31 AM PDT by snarkytart
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