Posted on 04/19/2006 9:33:10 PM PDT by Howlin
(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.
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.
I think the proof is in the pudding on this one. The town hates them and the school has turned against them--without any evidence other than the students hiring strippers off campus on their spring break. Poor judgment?--you bet--but no worse than the judgment of those hiring strippers for stag parties, something done for decades. I'm sure the familes spoke to the school and told them they had alibis--too bad go home?..No thanks.
Watch a movie sometime, then stop it in midframe. The "expression" caught at that particular instant, might look a lot different than the expression that was actually being conveyed- or at least, that's what the prosecution might argue. Or, they could argue she was drugged and didn't know what was going on- then again, how is she able to remember what happened and identify her assailants? It's complicated.
Something tells me (if I know hormonal young men) there is VIDEO of this "show". That would put everything in proper context. Heck, my cameraphone takes video. We'll see in the days to come.
(BEGIN VIDEOTAPE)
JASON CARROLL, CNN CORRESPONDENT (voice-over): Defense attorneys continue to build their case, on the premise that two Duke University lacrosse players, Collin Finnerty and Reade Seligmann, both of whom are charged with raping a young woman, were not at the party when the alleged assault took place.
The prosecution says the rape happened when the dancer reentered the lacrosse team members' home after performing. A next-door neighbor, who says he saw the young woman try to go back to the home, says that was around 12:30 a.m. But the defense says it has records showing Seligmann called On Time Taxi at 12:14 from his cell phone.
On Time Taxi showed CNN their computer phone log, which confirms his call coming in at that time. At 12:19, defense sources say records show the cab picked him up and drove him to this Wachovia Bank. The driver, Mose Mostafa, tells CNN, he remembers picking Seligmann up, along with another unidentified young man that night.
MOSE MOSTAFA, TAXI DRIVER: Nothing looked unusual to me.
UNIDENTIFIED MALE: They seemed calm?
MOSTAFA: They seemed calm, like normal. I didn't -- I didn't recognize anything different, just like any student call us for a fare, and I go down there. I pick them up.
CARROLL: 12:24, defense sources say, bank records will show Seligmann withdrew money. Minutes later, Mostafa says he drove the player and his friend to the Cook Out restaurant. Mostafa says he then drove the young men to his dorm.
Defense sources say, Seligmann's student I.D. card confirms he arrived at his dorm at 12:41 a.m. The defense attorneys say the timeline shows it was not possible for him to be at the house when the alleged assault took place. Seligmann's lawyer says his family is devastated that he is now facing these serious charges.
BILL COTTER, DEFENSE ATTORNEY FOR READE SELIGMANN: Terrified. I mean, this awful -- if -- if any of you had received a call that said that your son or daughter was charged with a serious crime, and you had all the confidence in the world that he or she didn't do that, you would be terrified. You would be scared to death. Like I -- like I said earlier, this is a good, decent, tight family. And next to one of them dying, this is going to be probably the worst thing they ever go through.
CARROLL: The defense says, a timeline and witnesses will show Collin Finnerty also was at a restaurant when the alleged rape took place. The DA would not comment on the defense attorney's claims.
(on camera): And the DA, Michael Nifong, told CNN in a previous interview he does have solid evidence, including a medical examination done by a nurse, which shows the young woman was a victim of sexual assault. If true, the defense questions whether he has charged the right suspects.
Jason Carroll, CNN, Durham, North Carolina.
(END VIDEOTAPE)
http://transcripts.cnn.com/TRANSCRIPTS/0604/19/pzn.01.html
UGA for both.
"It's complicated."
So, in other words, reasonable doubt.
Thanks Maggie! I think Cotter may be Finnerty's attorney? Isn't Osborne Seligmann's?--I know the Seligmann's changed attorneys so I'm not sure anymore.
I so hope Finnerty has a good alibi too.
http://www.syracuse.com/sports/poststandard/index.ssf?/base/sports-0/1145436911193990.xml&coll=1
Duke transfers unwelcome here
Gross says he will not sanction transfer of high-scoring Zack Greer to SU.
Wednesday, April 19, 2006
By Donna Ditota
Staff writer
At least one Duke University lacrosse player has indicated an interest in transferring from the troubled program. But Syracuse University athletic director Daryl Gross said Tuesday he will not sanction the transfer of any former Blue Devil to Syracuse.
"I think it would be inappropriate," Gross said.
*Chinese noodle dish??...
bump
Knowing Reade Seligmann as well as we do here at Delbarton, I believe him innocent of the charges included in the indictment issued yesterday in North Carolina," Delbarton's headmaster, the Rev. Luke L. Travers, said in a statement Tuesday.
I know this school--Our local high school loses to this sports powerhouse in just about everything, there is no love lost; however, my opinion skyrocketed after this--it took guts.
exactly. but you have freepers that want a conviction just because they play lacrosse or because their parents have money or because THEY think the kids are arrogant.
OMG
And they named the player who was inquiring about the transfer. Why wasn't his privacy respected?
I was so relieved to see that the cab driver is black.
I've only heard somewhere that Finnerty was at a restaurant at the time, and Abrams, who has seen all 20+ photos we know about thus far, says Finnerty doesn't appear in any of them.
Syracuse University: Duke Lacrosse Players Not Welcome
by Bluto on 04-19-06 @ 11:11 pm Filed under ACLU, News
Syracuse University Athletic Director Daryl Gross told the Syracuse Post-Standard today that he would not allow any Duke Blue Devils lacrosse players to transfer to the Syracuse lacrosse program.
(At least one Duke University lacrosse player has indicated an interest in transferring from the troubled program. But Syracuse University athletic director Daryl Gross said Tuesday he will not sanction the transfer of any former Blue Devil to Syracuse.
“I think it would be inappropriate,” Gross said.
SU coach John Desko said he’s received written notification from Duke that sophomore attackman Zack Greer is seeking his release from the school. Athletes intent upon transferring from one program to another ask their athletic departments to issue releases to schools the athlete is interested in attending.)
The Duke lacrosse program is under a cloud following allegations by a woman hired to perform at a party at the house of three Duke lacrosse captains that she was beaten and raped. Two Duke players have been charged in the incident, which carries racial baggage. Zach Greer has not been implicated.
The players are white and the woman, hired as an exotic dancer, is black. Michael Nifong, the white Durham County, North Carolina District Attorney, is running for reelection in a largely black district. The case has outraged many black residents who fear that rich, white college students will be given special consideration against a black accuser.
The SU booster blog Orange::44 notes that at least one black athlete who was the subject of criminal allegations is attending the school on a scholarship. This seems to indicate a double standard.
SU Athletic Director Daryl Gross is black.
Could this be a job for the American Civil Liberties Union?
http://stoptheaclu.com/archives/2006/04/19/syracuse-university-duke-lacrosse-players-not-welcome/
http://orange44.blogspot.com/2006/04/nothing-makes-sense-anymore.html
http://www.syracuse.com/sports/poststandard/index.ssf?/base/sports-0/1145437499193990.xml&coll=1
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.