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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: snarkytart

Vid of Kim Roberts on CNN

http://sportsillustrated.cnn.com/2006/more/04/21/lacrosse.ap/index.html?cnn=yes


841 posted on 04/21/2006 12:41:05 PM PDT by abb (Because News Reporting is too important to be left to the Journalists.)
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To: TheSpottedOwl
If that word was used, Kim would have decked the guy and his jaw would probably be wired shut. She looks like a mean little sh*t ;-D Calling 911 is a little out of character for a felon.

You've just described my own witness and experience of Oakland, California and Hunters Point, CA. Bingo.

Besides, didn't Kim slap someone for bringing up a broomstick comment? Like, she'd call 911 over a insult and never be quite clear or specific as to where she heard it.. by the wall... in front of the house. Where'd she hear it?

842 posted on 04/21/2006 12:42:03 PM PDT by Alia
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To: Carolinamom
Of course Nancy Grace is going to talk about the "third guy", she sure as hell doesn't want talk too much about the other two who weren't there.
Regarding the how could anybody (Nifong) be so dumb question, there is an obvious answer:
1) Reelection effort which led directly to
2) Moving too fast and too public and now
3) Can't get out without admitting he's an idiot and losing the election.

The somethings up his sleeve idea is the only thing between him and the unemployment line. He sure as ell isn't going to prove there's nothing up his sleeve between now and the election. The May 1 grand jury is the perfect time to indict he third man--because the election is the next day and the defense won't have time to wreck that case too. (if the defense is lucky enough to have another non-attendee indicted)
843 posted on 04/21/2006 12:42:09 PM PDT by don'tbedenied ( D)
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To: Howlin

I'm sure that the defense lawyers know whether or not this is true. They all seem to be sticking together, so would know if someone were cooperating with DA.

Complete BS-Thanks Napolitano, you've proven yourself not so smart again!!


844 posted on 04/21/2006 12:42:33 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: OakOak

If Nifong doesn't end up in prison for this, I'm moving to France.

-kisses,
Babara Streisand


845 posted on 04/21/2006 12:44:07 PM PDT by noblejones (Ben Stein for President, 2008.)
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To: jiggyboy

Embarassing! In "Twelve Angry Men", somebody says something like "Well, what if the building falls down? We can suppose anything!" A lot of these stories are down to grasping at straws just to pretend that there's plenty of drama and intrigue remaining.

-------

Agreed!


846 posted on 04/21/2006 12:44:10 PM PDT by snarkytart
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To: Jay Gould
Just what they have gotten so far. Humiliation but nothing else.

Besides humiliation, they've also received:
Job offers withdrawn
Suspension from school (two weeks before finals)
Loss of jobs (coach and assistant)
Public identification as "rapists"
Bills to the tune of hundreds of thousands of dollars as they try to clear their names
Denouncement from professors and school administrators
Many other repercussions we don't yet know...

Is that just punishment, you think, for possibly using a racial slur?

847 posted on 04/21/2006 12:44:15 PM PDT by shezza (God bless our military heroes)
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To: Raebie
I feel for the black player.

I'll hold my sympathy for now...I don't even know if he was there.

848 posted on 04/21/2006 12:44:23 PM PDT by Krodg
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To: Krodg
I know, sorry. I was just thinking about the only player who could speak out without having people look at him as getting a plea deal.

Here is the thing that gets me. If there is only one coming forward. How come there isn't other charges on the rest of the team for withholding information?

849 posted on 04/21/2006 12:44:50 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: don'tbedenied

Of course, anything is possible, but at this point I'd be willing to bet money that the only thing up Nifong's sleeve is his arm.


850 posted on 04/21/2006 12:44:57 PM PDT by Carolinamom (Daily legal immigrant to FreeRepublic.com)
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To: Jay Gould
"Hey n_____ thank your granddad for my cotton shirt ?" Explain how that can be twisted.

Just to chime in, that's not what the less than reliable neighbor claimed he heard. The quote was "Hey bi__h thank your granddad for my cotton shirt ?"

851 posted on 04/21/2006 12:45:02 PM PDT by schooter (Lynching white boys for black votes)
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To: wagglebee

Me, too. Those who are saying "He must have something up his sleeve" remind me of the FReepers who talk about Bush "playing poker" when it's obvious he's making a mistake. As much as I love the President, sometimes he does stupid things (Harriet Miers, anyone?)

Maybe the DA IS that stupid, or as someone has suggested, he's put forward a poisoned case to mollify "the community", knowing it waill fail, but he can say he did his best.


852 posted on 04/21/2006 12:45:03 PM PDT by Warren_Piece (Smart is easy. Good is hard.)
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To: Law is not justice but process

The officers on WRAL the other night said it is most certainly against the law in this state according to a new protocol.


853 posted on 04/21/2006 12:45:22 PM PDT by Howlin
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To: GAgal
"Doesn't the line-up have to contain known innocents?"

Considering most lineups are made from booking photos, "innocents" may be the wrong word. Let's call them "individuals unrelated to the present case." That is a long-winded way to say "yes."
854 posted on 04/21/2006 12:45:29 PM PDT by Law is not justice but process
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To: don'tbedenied

Look for the DNA samples sent to the private lab to have been inexplicably "misplaced" or "contaminated".


855 posted on 04/21/2006 12:45:30 PM PDT by Crawdad (So the guy says to the doctor, "It hurts when I do this.")
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To: Jay Gould
I still want to know why the defense will not directly answer the question of whether or not racial slurs were used

Well it ain't a crime, so screw 'em, I'd be fine giving or receiving that advice. Secondly, maybe they decided that not every single aspect of the case needs to be tried in the media.

856 posted on 04/21/2006 12:45:58 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Crawdad

And weren't we supposed to get these "new" results late last week?


857 posted on 04/21/2006 12:46:26 PM PDT by abb (Because News Reporting is too important to be left to the Journalists.)
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To: writmeister
Yes. There are people that stupid. I have read a number of legal filings where I have wondered how the attorney graduated from law school and passed the bar examination.

Have you ever read one where a state attorney general claimed the separation of powers doctrine prevents the state from prosecuting a judge who has committed a felony?

858 posted on 04/21/2006 12:47:04 PM PDT by connectthedots
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To: pepperhead
How come there isn't other charges on the rest of the team for withholding information?

It seems the poor DA doesn't have a clue as to which members of the team were even there.

859 posted on 04/21/2006 12:47:46 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: writmeister; Law is not justice but process

In the state of North Carolina the photos have to be of eight people who LOOK like the accused.

They are to be shown one at a time, then turned over face down so as not to confuse the identifier.


860 posted on 04/21/2006 12:47:54 PM PDT by Howlin
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