'60 Minutes' interviews Duke lacrosse defendants (DukeLax Ping)

DURHAM -- A CBS "60 Minutes" segment on the controversial Duke University lacrosse rape case is expected to air Sunday evening and will include interviews with all three indicted players and Kim Roberts Pittman, the second dancer at the party where the attack allegedly occurred.

CBS would not comment on the show. The network's normal practice is to withhold information about "60 Minutes" broadcasts until a few days in advance.

But Pittman's lawyer, Mark Simeon of Durham, confirmed Tuesday that his client was interviewed. But Simeon ended a telephone conversation before fielding a question about what Pittman told the interviewer.

An exotic dancer at the time, Pittman was with another dancer who claimed she was raped and sodomized by three lacrosse players during an off-campus party at 610 N. Buchanan Blvd. in mid-March.

Pittman since has been quoted as saying the rape charges were "a crock." She also told police in a March 22 handwritten statement that she and the accuser ended their performance when someone at the lacrosse party "brought out a broomstick and ... said he would use the broomstick on us."

"That statement made me uncomfortable and I felt like I wanted to leave," Pittman added. "I raised my voice to the boys and said the show was over."

Pittman said she then asked the alleged rape victim to leave the party with her. But she said the accuser "felt we could get more money and that we shouldn't leave yet."

According to Pittman, the accuser "began showing signs of intoxication" early in the dance performance and was "basically out of it" by the time it ended.

Pittman finally drove the other dancer to a Hillsborough Road grocery store, from which a 911 call was placed to police.

There is nothing about an alleged rape in Pittman's written statement, which is included in public-record court files.

All three defendants also were interviewed for the "60 Minutes" segment, sources told The Herald-Sun. The interviewer is veteran reporter Ed Bradley.

The three -- Collin Finnerty, Reade Seligmann and David Evans -- remain free under $100,000 bonds as they await a trial that is expected to occur next year. Each maintains he is innocent.

Neither they nor their families could be reached Tuesday for possible comment about the CBS show, and their attorneys had no comment.

Defense lawyers apparently will not appear on the television program. Neither will District Attorney Mike Nifong, who has been widely criticized for allegedly rushing to judgment in the case and making inflammatory public statements before he had sufficient evidence.

For the past four months, Nifong has not discussed the situation publicly. He was out of town on business and unreachable for comment Tuesday.

Benjamin Himan and Mark Gottlieb, police investigators in the lacrosse case, also could not be reached. But sources said the two had not been interviewed by "60 Minutes" as of Friday.

It could not be determined Tuesday if a one-time driver for the alleged rape victim, Jarriel Lanier Johnson, was among those Bradley contacted.

"I have nothing to say about it," Johnson told The Herald-Sun by telephone before hanging up.

But Johnson gave police an April 6 handwritten statement about an "appointment," "a job" and a performance the accuser had at three different hotels in two days not long before the alleged rape.

Johnson also said she had sexual intercourse with him during the same time period.

Second dancer: I didn't see a rape

By John Stevenson, The Herald-Sun
October 12, 2006 9:40 pm

DURHAM -- The second dancer at a Duke lacrosse team party told CBS' "60 Minutes" she didn't see three players rape another dancer, a source close to the program said Thursday.

The second dancer, Kim Roberts Pittman, long ago characterized the rape allegations as "a crock."

But in an April interview with The Associated Press, Pittman said she at first doubted the accuser's story, then changed her mind.

"I was not in the bathroom when it happened, so I can't say a rape occurred -- and I never will," Pittman said in the interview earlier this year.

But she added, "In all honesty, I think they're guilty."

Pittman didn't use the "crock" comment with "60 Minutes" interviewer Ed Bradley for the show to air at 7 p.m. Sunday. The show appears locally on WRAL. But she did cast doubt on the accuser's version of events, the source said.

"She tried to play it down the middle," the source added. "She tried not to offer an opinion as to whether it was a crock. She wants the viewers to decide. But she says she didn't witness any rape. She wants to set the record straight on some things [the alleged victim] has said. She doesn't know whether a rape occurred. She just knows some of the things [the accuser] alleged to have happened did not happen."

In an excerpt of the Bradley interview provided by "60 Minutes," accused lacrosse player David Evans discusses the potential consequences he faces:

ED BRADLEY: "Do you ever think that if this -- if this does go to trial, that if you're convicted, you could face a lot of time in prison? Do you ever think about that?"

DAVID EVANS: "Would you?"

ED BRADLEY: "Sure."

DAVID EVANS: "Thirty years. I could go to jail for something that never happened."

The accuser, an exotic dancer, contends Evans and two other Duke lacrosse players raped and sodomized her during the party, held the night of March 13-14 at a 610 N. Buchanan Blvd. house across from Duke's East Campus.

Pittman did not arrive with the accuser, but was present during the time of the alleged rape. She also drove the alleged victim away from the party afterward.

Evans' co-defendants in the case are Collin Finnerty and Reade Seligmann. They all say they are innocent, and all are free under $100,000 bonds as they await a trial that is expected to occur next year.

All three will appear on the coming "60 Minutes" broadcast.

A source close to the program said the suspects "tell us what they can, and they characterize the evening."

Seligmann's lawyers already have said he has an ironclad alibi: taxicab, telephone and bank ATM records indicating he was elsewhere when the rape allegedly occurred.

In addition to the three defendants and Pittman, Duke President Richard Brodhead was interviewed for the CBS show, a source said.

Duke would not divulge what Brodhead had to say to the television magazine. John Burness, Duke senior vice president for public affairs and government relations, said the university's policy is not to tell one media outlet what was discussed with another news organization.

Among those not interviewed about the case were defense lawyers, District Attorney Mike Nifong and the actual accuser, the source said.

The defense team and Nifong were barred by rules a judge imposed on their public comments about the case. The rules were changed last month and do not apply to the defendants or other non-lawyers.

A source close to "60 Minutes" said the show contacted the alleged rape victim, but that Nifong had told her not to grant an interview.

Nifong was at an out-of-town professional conference Thursday and could not be reached for comment.

A CBS new release Thursday said Pittman's answer to Bradley's question directly contradicts a crucial statement the accuser gave to police.

Bradley asks whether Pittman -- who goes by the stage name "Nikki" when she performs -- was holding onto the accuser at the beginning of the alleged attack.

"In the police statement, [the accuser] describes the rape in this way: 'Three guys grabbed Nikki. Brett, Adam and Matt grabbed me. They separated us at the master bedroom door while we tried to hold on to each other. Brett, Adam and Matt took me into the bathroom.'

"Were you holding on to each other? Were you pulled apart?"

"Nope," replies Pittman, who says she was hearing the account for the first time.

Pittman also denies the accuser's statement to the police that after the alleged rape, Pittman came into the bathroom and helped one of the rapists dress her.

When pressed by Bradley about whether she saw signs of rape from the accuser, such as complaining about pain or a mention of an assault, Pittman says, "She obviously wasn't hurt ... because she was fine."

Neither Durham Mayor Bill Bell nor City Manager Patrick Baker was interviewed for the television investigative report.

Baker said he will be interested to see what new details the show brings to light, but he doesn't believe the Durham Police Department's work on the case should be second-guessed if new statements contradict previous ones.

"If the dancer says one thing to our officers and another to '60 Minutes,' it raises questions about her credibility and the credibility of the entire case," Baker said.

"The Police Department is at the whim of the evidence given to them. ... If people have given the Durham Police Department the wrong information, it's certainly going to affect the DA's ability to prosecute the case."

But, he cautioned, "Keep in mind these men were indicted by a grand jury. ... It wouldn't be the first time an indictment has occurred based on information that is later proven to be false. I think justice needs to be served. I don't want anyone to go through indictments when they're innocent. If the witness or the victim is not telling the truth, that's going to come out."

Sunday's broadcast will differ from most "60 Minutes" presentations in that two out of three segments will deal with the Duke lacrosse case. Normally, each segment is on a different topic.

URL for this article: http://www.heraldsun.com/durham/4-778122.html

Cheek urges students to vote

By GREGORY PHILLIPS, The Herald-Sun
October 12, 2006 11:20 pm

DURHAM -- Insisting he wasn't campaigning for district attorney, Lewis Cheek appeared Thursday evening at a student voter registration drive at Duke University and spoke to a crowd of students hoping to hurl Durham County District Attorney Mike Nifong out of office.

Cheek, whose name is on the ballot but says he won't serve if elected, urged about 100 students assembled on the new plaza outside the Bryan Student Center on West Campus to vote Nov. 7.

But he stopped short of telling them how to vote.

"What you should do is whatever you think is the right thing to do," Cheek said.

But if students want the governor to appoint the next DA, as would occur if Cheek wins but doesn't serve, "then you need to vote for Lewis Cheek and to make sure I get the most votes," the 50-year-old county commissioner added.

Nifong has drawn fire for his handling of rape charges against three Duke lacrosse players. He won the Democratic primary in May and had no opposition in November, until a petition put Cheek's name on the ballot.

Steve Monks, chairman of the Durham County Republican Party, also is running, as a write-in candidate. He wasn't invited to speak at Thursday's event, but showed up to hear what Cheek had to say.

"I want to see the definition of not campaigning," Monks said. Afterward, he said he had no problem with Cheek's remarks.

"He did mention my candidacy," Monks said. "That was a pleasant concession to the realities of the campaign."

In his gray suit, Cheek stood out at the spirited event as he walked among the sports gear-clad students wandering around in sandals to booming urban music.

Lacrosse players cooked chicken, hot dogs and hamburgers that were given free to students registering to vote, while team supporters sold lacrosse T-shirts and wristbands. Signs plugging the event had fliers attached reading, "Duke University takes no position on the viewpoints expressed at this event."

Cheek was invited to the event through the "Recall Nifong -- Vote Cheek" committee by one of the organizing groups, Duke Students for an Ethical Durham, which has been registering voters for the election since the school year began.

Christiane Regelbrugge, one of that group's founders, said the goal is registering 1,000 students to vote before today's 5 p.m. deadline.

"We're looking to ensure whoever does end up in that office is someone who will treat all Durham residents with respect," she said.

Monks said the students are misdirecting their energy, with the Cheek campaign splitting the anti-Nifong vote and all but guaranteeing a Nifong win. If Cheek's campaign is successful, the governor has no motivation to appoint anyone who won't see the case through because he'd want to avoid the political heat, according to Monks.

After his speech, Cheek said he wasn't violating a pledge he made when announcing he wouldn't run that he wouldn't campaign.

"I'm saying the same thing now that I said then, which is that you should do what you think is the right thing to do," Cheek said.

He added that he's accepted invitations to speak at a "flurry" of events before the election and will push the same message.

Cheek also dismissed rumors that he would accept the office if he wins -- although he admitted he might be tempted, if only for a second or two.

"Maybe, but I won't take it," he said. "I just couldn't do it."

Nifong was out of town and couldn't be reached for comment. Some good news for his campaign Thursday was the announcement that he had retained the endorsement of the People's Alliance of Durham's political action committee since the primary.

"We saw no reason to second-guess our previous endorsement," said Milo Pyne, co-coordinator of the committee. "It's not just about this case, it's about his 28 years of service in the prosecutors' office and his whole approach to things."

Pyne said the committee took a dim view of Cheek's approach.

"We feel if he wanted to run, he should have done so as a Democrat," Pyne said.

URL for this article: http://www.heraldsun.com/durham/4-778166.html

A vote for Nifong

I am sick and tired of people who accuse Mike Nifong of using the lacrosse case for political gain when they are using the case for their own political purposes. Let's put this mess into perspective. I am a long time Durham defense attorney. I have never tried a case against the district attorney. I have tried cases against Jim Hardin and Mike Nifong when they were assistant district attorneys (ADAs). The vast majority of cases are resolved between defense attorneys and ADAs. Sure the DA needs to understand the law and trial work so he can supervise those working under him, but the ADAs carry the load. Any DA is only as good as the people he gathers around him. He is primarily an administrator not a trial lawyer. He runs an office of several ADAs and a large support staff. Durham County has some of the most experienced, capable, and accessible ADAs that I have worked with. Nifong may have made mistakes concerning the lacrosse case, but he has done his job as an administrator by gathering around him people who do good work. Can we be sure that Lewis Cheek or Steve Monks or whomever the governor might select will surround himself with excellent ADAs? Neither candidate has addressed any issue but the lacrosse case. I will not vote based on a single case. I will vote based on the thousands of cases handled capably each year by the ADAs in Nifong's office. I will vote for Mike Nifong.

L.R. “LEE” CASTLE
Durham
October 13, 2006
http://www.heraldsun.com/opinion/hsletters/

http://www.newsobserver.com/102/story/497941.html

Cheek stumps in DA race
Still says he won't take job if elected

Anne Blythe, Staff Writer
DURHAM - Lewis Cheek intends to spend a lot of time on the campaign trail for a man who said he had no plans to seek the district attorney's job and wouldn't take it if elected.

At Duke University on Thursday, the county commissioner looked like a politician on the stump when he took the stage at a barbecue sponsored by Ethical Durham, a political action committee endorsing Cheek.

"The message that I'm trying to convey and I think the message that I want to see conveyed is everybody ought to do what they think the right thing to do is," Cheek said.

Durham voters have several options when they go to the polls Nov. 7.

Incumbent Mike Nifong won the Democratic primary in May with 45 percent of the vote. After initially facing no challengers in November, Nifong encountered criticism over his handling of the Duke lacrosse rape case. He now is challenged by Steve Monks, a Republican running a write-in campaign, and Cheek, who maintains he would not serve but let the governor pick his stand-in.

Cheek -- endorsed by the Anybody But Nifong and Recall Nifong-Vote Cheek campaigns -- told the Duke students Thursday that he would vote for himself because his name is on the ballot. He urged them to vote Cheek, too, if they had concerns about Nifong and Monks.

Charlotte Woods, a campaigner for Monks at the Duke rally, said she was upset her candidate was not asked to speak.

"If it really was about anybody but Nifong -- Lewis Cheek said he doesn't want the job; he should drop out of the race," Woods said. "I truly feel it's more about not wanting a Republican in this powerful office."

The Nifong campaign could not be reached for comment.

Cheek plans to attend more rallies and meet with political endorsement groups. Still, he said, he would not serve if elected.

"I don't have any reason to view the situation any different now than I did last summer," Cheek said.

At the rally Thursday, students for Ethical Durham collected voter registration forms.

The students were so outraged by Nifong's handling of the lacrosse rape case that they have conducted a registration drive since August.

Many lacrosse players and their new coach, John Danowski, were at the Duke rally. Many wore campaign stickers for Cheek, but they said the barbecue was not so much about rallying for one candidate but urging participation in the electoral process.

"It was about register and vote," said Tony McDevitt, a lacrosse player at the team party where an exotic dancer alleged she was gang-raped.

The players and their coach declined to discuss the March party or the months since then. They focused on the coming election.

"This is a wonderful life experience," Danowski said. "They're learning about politics, the system and trying to effect change."
Staff writer Anne Blythe can be reached at 932-8741 or ablythe@newsobserver.com.

http://www.newsobserver.com/1185/story/498010.html
Second dancer disputes account
Her version given on '60 Minutes'

Joseph Neff and Matt Dees, Staff Writers
The second dancer in the Duke lacrosse rape case disputes part of the accuser's account in a "60 Minutes" segment airing Sunday night.

Reporter Ed Bradley asks Kim Roberts about a handwritten April 6 statement in which the accuser said three lacrosse players separated the dancers and took the accuser into a bathroom to rape her.

"Were you holding on to each other?" Bradley asks, according to a CBS press release. "Were you pulled apart?"

"Nope," Roberts says. She adds that's the first she has heard of that account.

Roberts also says she didn't go into the bathroom and help one of the alleged rapists dress the accuser, as the accuser wrote.

The accuser has given widely diverging accounts of Roberts' behavior in the early hours of March 14. She told a nurse at Duke Hospital that Roberts, who called herself Nikki that evening, urged her to have sex with her and one of the men. The accuser said Roberts pushed her out of a car later and stole her money.

In the April 6 statement, the accuser said that three men named Brett, Adam and Matt grabbed her. "They separated us at the master bedroom door," she wrote, "while we tried to hold on to each other."

Three men dragged her into the bathroom and raped her, she wrote.

"I heard Nikki on the other side of the door, and when Adam opened the door, she rushed in and helped Adam to get me dressed. They dragged me out to the car because my legs couldn't move. Nikki said, 'What happened girl, did they hurt you?' I said yes, and she said that she would get help for me."

In the "60 Minutes" segment scheduled to air at 7 p.m. Sunday (WRAL-TV in the Triangle), Bradley also talks to the three defendants in the case.

One of them, Dave Evans, was asked whether he thinks about the possibility of being found guilty.

"Thirty years -- I could go to jail for something that never happened," Evans says.
Staff writer Joseph Neff can be reached at 829-4516 or jneff@newsobserver.com

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