Replies

Judge to review contents of Duke lacrosse team accuser's cell phone

By Anne Blythe, staff writer

DURHAM — A judge will review the contents of a cell phone used by a woman who said she was raped at a Duke University lacrosse team party before determining whether to give lawyers access to evidence that might help them track the escort service dancer's activity that night.
The decision came today during a court appearance for Reade Seligmann, one of three lacrosse players charged with first degree rape, first degree kidnapping and first degree sex offense.

Kirk Osborn, a lawyer representing Seligmann, told Judge Ronald Stephens that the phone, apparently found outside 610 N. Buchanan Blvd, would allow the defense to see who the accuser talked to that day.

The lawyers feared that mishandling of the phone could lead to a permanent loss of evidence. Stephens ruled that Seligmann's experts can be present when the information is downloaded from the phone, but that the material must be presented to the judge, who will review it and decide in closed chambers whether it contains private information from people not involved in the case.

"I want to make sure no one acts on that information before I see it," Stephens said.

The indictments stem from an investigation into a woman's March 14 allegations that she was raped at a lacrosse team party. Seligmann, Collin Finnerty, and captain David Evans are charged with rape, sexual offense and kidnapping in the case.

District Attorney Mike Nifong told the judge that he turned over 1,278 consecutively numbered pages of evidence, two VHS tapes and one compact disc containing photographs to Seligmann's lawyers today. By law prosecutors are required to turn over their evidence to defense lawyers.

Osborn, who maintains the innocence of his client, told the judge that he was anxious to try the case.

"We want a trial as fast as we can," said Osborn, a Chapel Hill lawyer. "This young kid wants to go to school in the fall."

Nifong told the judge that he was likely at some point to file a motion asking that the three cases be tried together.

Such court appearances typically are routine, but today’s hearing was surrounded by a circus atmosphere.

Representatives of the New Black Panther Party from Atlanta and critics of underage drinking took an opportunity to bask in the spotlight of the national media gathered for the court hearing.

Before and after the hearing, people seeking the limelight paraded their messages outside the Durham County Courthouse.

“Our contention is that if underage drinking is addressed and was addressed in this situation, it would not have occurred,” said Wanda Boone, a founder of Durham TRY Together For Resilient Youth, an organization founded by Boone and her husband, which works to help youth overcome drug, alcohol and other problems.

Dozens of TV cameras were trained toward the courthouse as the time for the hearing neared. The critics of underage drinking held up hand-made signs with the hopes of capturing a TV audience.

As Seligmann walked toward the courthouse with his lawyers at his side, members of the New Black Panther Party shouted at him.

“Justice will be done, rapist,” they shouted.

http://www.newsobserver.com/1185/story/440884.html