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.
Read Ann Coulter today. Great commentary on this topic and others like it.
"Frankly, I'm happy back here, away from the whackos and people who get on threads like these to work out their personal issues....."
AMEN!
Oh I'm happy here, just giving you a "heads up"
Didn't someone say she had a GENERAL DISCHARGE from the Navy?
Yes, they did.
Take a look at this, MHG:
http://www.wral.com/index.html
Go to the right side, click on the video:
Attorneys Question Method In Which Accuser ID'd Suspects
Pictures, if anybody hasn't seen them:
http://www.nbc17.com/index.html
"On the other hand, service members with a record of BAD CONDUCT are issued general discharges. "
Again, the media doesn't tell us anything remotely negative. That's why I'm so frustrated. You'll hear how many ounces are in the Keg when full and what the balance was on the Player's ATM receipt, but this woman is UNTOUCHABLE.
Two men's lives may be being ruined. They will carry this with them, even if not convicted. The other CHARGES is what the N&O printed. Just charges, many dismissed.
.
Already aware of the travesty-in-progress ... Nifong is as blatant a race baiter pimping for black votes as I have ever seen.
This case is sooo over. The DA is incompetent at best.
Yes. Her doctor. < /rimshot>
I'd like to think it's OVER, HOWEVER, using the DA's past to predict the future. He wants to get relected again (not just this year). Plus, he knows if it's heard in Durham he IS getting some convictions.
It's a stain on them, the team (their season is already sacrificed), even the school itself (people thinking about where to send their kids for college won't forget soon). The only plus side is the team will have more time to spend on studies...buckle'in down and flying right, hopefully. The best revenge is becoming successful in the face of adversity.
AND they have been identified as WHITE MALEs in the Papers.
That's for sure. My son is a HS Junior lacrosse player. I never thought about the town/school relationship before. I did consider the safety issue for my daughter but never considered how important it was to find out if the town resented the college kids or not.
You heard it here first:
I predict the DA will file additional charges against one of the two players already indicted. He confiscated the computer(s) of one or both. I look for him to file more charges that he will use to further embarass the team and Defense attorneys.
Number 1: The DA has looked silly and he's hot (IMO)
Number 2: He will influence the jury pool and he knows he can count on the media to use the embarassing info to taint ALL the players. They will speak of it as a team, group, or White male priviledge thing.
I'm not saying the charges will stick, I'm saying he'll abuse his authority to release embarrassing info to taint the entire team. The charge can be dropped at any later date.
This is like Florida of 2000. They want to keep searching and investigating until they find something. They might too. It won't have anything to do with the original incident, but the democrats are in so deep, they have to come up with something, even an unpaid parking ticket will do.
I'm not sure any of the players is off the hook. If the first two have alibis, I think this nut of a DA will indict two more and may keep indicting. The DA is watching his hopes, dreams and all ambition regarding his professional career go up in smoke and he has to get a conviction of someone on something.
Why are they taking these kids computers ? What do they think they can find in the computers ? DNA or a condom ?
No, they are up the creek without a paddle and are on a fishing expedition to get a conviction on anything.
The media has "romanticized" the scenario you describe (the man cheating on his wife while married and getting the other woman pregnant). They use it back and forth either way they desire to play up the story as to how they want it perceived by the masses.
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