This is probably all in the motion. Is here a link to it?
Not that I have seen, but here is a story about it:
The defense claims the woman told an investigator for the prosecution in December that the reported attack happened between 11:35 p.m. and midnight on March 13.
The defense goes on to say that claim contradicts the accuser's own cellular phone records, which show an incoming call at 11:36 p.m., and that someone stayed on the line for three minutes.
According to the defense, in her latest statement, the accuser says Reade Seligmann did not commit any sex act on her. Although he was repeatedly urged to take part in the alleged attack, she recalled, he said he could not participate because he was getting married.
The documents point out that in an April interview with police, the woman cited Seligmann as the attacker that she says stood in front of her and forced her to perform a sexual act.
"The accuser's most recent recollection of events demonstrates clearly that she cannot accurately recall and describe her attackers and that any identification made by her is necessarily unreliable," the defense filing said.
The defense also claims the woman now says the attacker she identified as David Evans did not have a mustache after all.
In an April lineup, she told detectives he did.
In that same interview, the accuser also said she was no longer certain she had been raped. That led Durham County District Attorney Mike Nifong to dismiss rape charges against Seligmann, Evans and Collin Finnerty.
The three defendants, who have maintained their innocence in the case, remain charged with sexual offense and kidnapping.