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2nd Duke party dancer now questions doubts about accuser
Daily Comet & AP ^ | April 21, 2006 | ALLEN G. BREED

Posted on 04/21/2006 12:56:01 AM PDT by OakOak

Edited on 04/21/2006 2:52:00 AM PDT by Admin Moderator. [history]

At first, a stripper who performed at a Duke University lacrosse team party doubted the story of a colleague who told police she was dragged into a bathroom and raped.

Now, Kim Roberts isn't so sure.

"I was not in the bathroom when it happened, so I can't say a rape occurred - and I never will," Roberts told The Associated Press Thursday in her first on-the-record interview. But after watching defense attorneys release photos of the accuser, and upset by the leaking of both dancers' criminal pasts, she said she has to "wonder about their character."

"In all honesty, I think they're guilty," she said. "And I can't say which ones are guilty ... but somebody did something besides underage drinking. That's my honest-to-God impression."

Attorneys for the 46 players have aggressively proclaimed the players' innocence, citing DNA tests during a public campaign that has included describing and releasing photos from the party.

Those photos, the defense maintains, show the accuser was both injured and impaired when she arrived, and also support the claim that one of the two players who has been indicted would not have had enough time to participate in any assault before he left the party. The district attorney has said he also hopes to charge a third suspect in the case.

The attorneys claim Roberts at first told a member of the defense team that she did not believe the accuser's allegations. They say she has changed her story to gain favorable treatment in a criminal case against her. They note she also e-mailed a New York public relations firm, asking in her letter for advice on "how to spin this to my advantage."

"We believe ... her story has been motivated by her own self-interest," said attorney Bill Thomas, who represents one of the uncharged players. "I think that a jury will ultimately have to decide the question of her credibility."

Roberts, 31, was arrested on March 22 - eight days after the party - on a probation violation from a 2001 conviction for embezzling $25,000 from a photofinishing company in Durham where she was a payroll specialist, according to documents obtained by the AP.

On Monday, the same day a grand jury indicted lacrosse players Reade Seligmann and Collin Finnerty, a judge agreed to a change so that Roberts would no longer have to pay a 15 percent fee to a bonding agent. District Attorney Mike Nifong signed a document saying he would not oppose the change.

"It seems she is receiving very favorable financial treatment for what she is now saying," Thomas said.

Mark Simeon, Roberts' attorney, said the bond conditions were changed because Roberts is not considered a flight risk. Nifong, who hasn't spoken with reporters about the case in weeks, didn't return a call seeking comment.

Roberts' testimony could be vital during any trial of the two sophomores, indicted on charges of first-degree rape, sexual offense and kidnapping.

Other than lacrosse players and the accuser, a 27-year-old student at a nearby university, Roberts is believed to be the only other person at the March 13 party.

Roberts said Thursday she does not remember Seligmann's face, but said she recalls seeing Finnerty - whom she described as the "little skinny one."

"I was looking him right in the eyes," she said.

Although she would not talk extensively about the party, she confirmed some of what the other dancer told police - including that the women initially left the party after one of the players threatened to sodomize the women with a broomstick.

The players' attorneys have said their clients were angry and demanded a refund when the women stopped dancing, but Roberts disputed that.

"They ripped themselves off when they started hollering about a broomstick," she said.

The accuser told police that the women were coaxed back into the house with an apology, at which point they were separated. That's when she said she was dragged into a bathroom and raped, beaten and choked for a half hour.

Later, police received a 911 call from a woman complaining that she had been called racial slurs by white men gathered outside the home where the party took place. The defense has said it believes the second dancer at the party made that call.

Roberts then drove the accuser - whom she reportedly had just met that night - to a grocery store and asked a security guard to call 911. The accuser was described later by a police officer as "just passed-out drunk."

The defense timeline is backed up by a cab driver who said Seligmann called for a ride at 12:14 a.m., and was picked up five minutes later. The defense argues that if the dancers were performing around midnight, Seligmann would not have had enough time to participate in the 30-minute assault described by the accuser.

The cabbie, Moez Mostafa, also said he saw a woman leaving the party in anger, and overheard someone say, "She just a stripper. She's going to call the police."

"She looked, like, mad," he said of the woman. "In her face, the way she walked, the way she talked, she looked like mad."

On Thursday, authorities released warrants detailing their search earlier this week of Finnerty's dorm room. Seized during the search were a newspaper article and an envelope addressed to Finnerty.

Also Thursday, 5W Public Relations, a New York firm that specializes in "crisis communication," distributed an e-mail signed "The 2nd Dancer," and Roberts confirmed she sent it after learning the AP knew her identity.

"I've found myself in the center of one of the biggest stories in the country," she wrote. "I'm worried about letting this opportunity pass me by without making the best of it and was wondering if you had any advice as to how to spin this to my advantage."

Ronn Torossian, 5W's president, said he replied, but got no response.

"If this person is indeed who they say they are, I would be happy to speak with her," said Torossian, whose firm has represented the likes of Sean "Diddy" Combs, Ice Cube and Lil' Kim.

Roberts, like the accuser a divorced single mother who is black, took umbrage at the notion that she should not try to make something out of her experience. She's worried that once her name and criminal record are public, no one will want to hire her.

"Why shouldn't I profit from it?" she asked. "I didn't ask to be in this position ... I would like to feed my daughter."

Roberts is bracing for an all-out attack, but said she's almost past caring.

"Don't forget that they called me a damn n####," she said. "She (the accuser) was passed out in the car. She doesn't know what she was called. I was called that. I can never forget that."


BLOCKBUSTER !! KIM's a GEM !!

Roberts, 31, was arrested on March 22 - eight days after the party - on a probation violation from a 2001 conviction for embezzling $25,000 from a photofinishing company in Durham where she was a payroll specialist, according to documents obtained by the AP.


TOPICS: Local News
KEYWORDS: da; dancer; duke; dukelax; durham; lacrosse; lax; rape
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To: sissyjane; investigateworld

She got no jailtime for embezzlement?

And on the same day he indicts, he gives her a sweetheart deal?

investigate, the answer to that question you've been asking is

YES< HE IS THAT DUMB.


481 posted on 04/21/2006 9:39:58 AM PDT by Howlin
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To: All
Need help from FR legal 'sperts!

Young, predatory scumbag has befriended, and moved into the home, of an elderly relative who is extremely vulnerable and diagnosed with dementia, although probably not yet certifiably incompetent.

Is there a good on-line service that someone could recommend for a background investigation.

Ideally, I would like to go beyond "convictions" and also discover any crimininal or civil complaints against this character, as well as employment history, residences, etc. I know he was thrown out of a previous apartment under allegations of inappropriate sexual advance (I know this from a very authoritative source close to the situation but, of course, it is not a matter of record).

I'd like to gather all the data I can and don't mind investing two or three hundred bucks up front. (I realize I will probably end up paying a great deal more to a lawyer before this is resolved.)

Thanks for any help!

482 posted on 04/21/2006 9:40:14 AM PDT by LK44-40
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To: Howlin

Still shaking my head.


483 posted on 04/21/2006 9:44:20 AM PDT by investigateworld (Abortion stops a beating heart)
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To: Dosa26
"He's gotta have something, I mean he spent 7 years in college he can't be a total idiot."

Having been to law school and taken a Bar Exam, I know a complete idiot could not pass. This guy has to know that a photo lineup with only Lacrosse team members would be thrown out and that the in-court identification by the accuser would go with it as tainted by the improper procedure (because they cover it in every first year criminal law class, much less advanced training). I find it very hard to believe the D.A. could be that stupid. He must have something more. he must have a valid photo lineup. He must have some physical evidence besides a medical report that indicates (perhaps) that the accuser was a participant in some sort of sexual activity (and medical evidence cannot say whether it was willing or unwilling or who else was involved). He may have gotten by the Grand Jury with just the accuser's statements, but he would not put himself out on a limb without something else. He cannot be as stupid as many here assume he is. He must have hairs or fibers or something else.

He went to the Grand Jury before he had all DNA test results. I suspect he must have a very small amount of something that required testing by an outside lab. In my State, the equivalent of the North Carolina SBI does not do mitochondrial DNA. That is a different type of analysis from regular DNA that can be done on much smaller samples - such as the bits of skin adhering to the roots of a pubic hair. Such samples have to be sent to the FBI or a private lab, and generally take much longer. I wonder if he was enough of a gambler to proceed to indictment before he receives the results of such analysis on the assumption it will back up the accuser's identification? If he is, the alibi evidence suggests he may lose his gamble.

If he let election politics stampede him to the Grand Jury before he had all his ducks in a row, he will end up looking like a fool. However, if he wins the primary, his gamble may still pay off. As long as he had probable cause - and the victim's statement alone gives him that - he is not at risk of an ethical complaint. All he has to fear would be the wrath of the voters.

In 2010, if he runs for reelection, that is.
484 posted on 04/21/2006 9:49:53 AM PDT by Law is not justice but process
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To: Law is not justice but process

Maybe he's saying to himself, "Toto, we're not in traffic court anymore"


485 posted on 04/21/2006 9:54:03 AM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Law is not justice but process

However, if he loses his gamble and he loses the election, he is really in a bind. Losing his gamble will expose him for the dunce he will prove to be. DA's who leave office most often go for the big bucks as high-priced defense attorneys. If he has botched this up, he's not going to be on alot of speed-dials of local criminals.


486 posted on 04/21/2006 9:54:42 AM PDT by Crawdad (So the guy says to the doctor, "It hurts when I do this.")
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To: Howlin

She violated parole on 3-23. Why is she not in jail?


487 posted on 04/21/2006 9:55:09 AM PDT by Jrabbit (Kaufman County, Texas)
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To: Law is not justice but process

I thought I read an attorney for one of the two named suspects say that they were now entitled to the video showing how the ID was made. Can Nifong run out the clock until after May 2, and prevent the defense from showing the ID was problematically obtained? I think voters have a right to know that at least.


488 posted on 04/21/2006 9:55:34 AM PDT by GAgal
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To: Howlin; maggief; All

Convicted of a felony, and NO jail time!!! Crazy huh??

I want to know what her PROBATION VIOLATION was. Any of you super-sleuths have a clue?


489 posted on 04/21/2006 9:56:48 AM PDT by sissyjane (Don't be stuck on stupid!)
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To: Jrabbit

"On Monday, the same day a grand jury indicted lacrosse players Reade Seligmann and Collin Finnerty, a judge agreed to a change so that Roberts would no longer have to pay a 15 percent fee to a bonding agent. District Attorney Mike Nifong signed a document saying he would not oppose the change."


490 posted on 04/21/2006 9:56:52 AM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: schooter; happinesswithoutpeace; maggief
It appears she owes 24900.55 in restitution, something Jessie hiJackson would consider a sound investment to payoff to entice her to reconsider her story...
491 posted on 04/21/2006 9:58:01 AM PDT by TeleStraightShooter (The Right To Take Life is NOT a Constitutional "Liberty" protected by the 14th Amendment)
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To: Crawdad

Nifong can always go back to doing social work, his former profession before going to law school. He might even see job opportunities in New Orleans.


492 posted on 04/21/2006 9:58:13 AM PDT by Carolinamom (Daily legal immigrant to FreeRepublic.com)
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To: sissyjane

I wanna know who the judge was, who defended her to get this "community" sentence.


493 posted on 04/21/2006 9:58:24 AM PDT by Alia
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To: sissyjane
I'm not an attorney for sure. Maybe this will help Kim
494 posted on 04/21/2006 9:58:34 AM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Alia

on the embezzelment conviction.


495 posted on 04/21/2006 9:59:11 AM PDT by Alia
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To: Jrabbit

How is she in violation of Parole if she never went to prison? Are we sure she's on Parole and not Probation?


496 posted on 04/21/2006 9:59:22 AM PDT by PleaseNoMore
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To: Carolinamom

I wouldn't wish Nifong on the New Orleans people.


497 posted on 04/21/2006 10:01:48 AM PDT by PleaseNoMore
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To: PleaseNoMore

You're right--I'm sorry, my mistake...


498 posted on 04/21/2006 10:02:01 AM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Neverforget01

Yes, thanks-Ive read that article, but I want to know what her probation violation was. Do you know how we can find out?


499 posted on 04/21/2006 10:02:27 AM PDT by sissyjane (Don't be stuck on stupid!)
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To: Neverforget01

No problem, lol.


500 posted on 04/21/2006 10:03:06 AM PDT by PleaseNoMore
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