DA: Alleged Duke Rape Took 5-10 Minutes

AP ^ | September 22, 2006 | AARON BEARD

[Howlin]

Three Duke lacrosse players took five to 10 minutes to sexually assault a woman hired to perform as a stripper at a team party, and not the 30 minutes she originally described to investigators, a prosecutor said Friday. "When something happens to you that is really awful, it can seem like it takes place longer than it actually takes," District Attorney Mike Nifong said.

Nifong's comments came as Superior Court Judge W. Osmond Smith III denied a defense request that prosecutors provide a detailed accounting of the alleged assault, including the exact time, place and type of sexual act the accuser said each defendant committed.

A grand jury has indicted three lacrosse players _ Reade Seligmann, 20; Collin Finnerty, 19; and David Evans, 23 _ on charges of rape, kidnapping and sexual offense. The accuser, a student at nearby North Carolina Central University, told police she was raped in a bathroom by three men at a March 13 off-campus party. Defense attorneys have strongly proclaimed the players' innocence.

Kirk Osborn, who represents Seligmann, said the defense needed the "bill of particulars" because the accuser has told several different versions of the alleged assault, and his client has a right to know which version prosecutors will present at trial. In search and arrest warrants issued early in the investigation, police stated the accuser told investigators she was assaulted for 30 minutes.

Nifong said he is not required to state the exact time of the alleged attack, but offered that authorities believe it took place between 11:30 p.m. on March 13, when the accuser arrived at the party, and 12:55 a.m. on March 14, when police arrived and found no one at the house.

Friday's hearing was the first since Smith was appointed to take over the case, and it was scheduled to continue Friday afternoon.

Before the hearing began, Nifong gave defense lawyers 615 pages of evidence, a compact disc and a cassette tape. He said it included much of what was requested by defense lawyers, who had asked for handwritten notes from police officers involved with the case, reports outlining procedures used at the labs that tested the DNA of the players and notes from a mental health facility where police took the accuser after the party.

[Howlin]

DUKELAX PING!!!

[Howlin]

www.news14.com


Defense: Nifong moving too slowly
Updated: 9/22/2006 11:49:49 AM
By: Associated Press

	District Attorney Mike Nifong said the evidence provided Friday included much of what was requested by defense lawyers.

DURHAM -- Lawyers representing three former Duke lacrosse players charged with rape complained again Friday about the slow pace with which they said prosecutors are sharing evidence.

"There is a pattern that has developed ... that we don't get discovery unless a court date is set and we're here before a judge," said defense attorney Brad Bannon, who represents defendant David Evans.

Just before Friday's previously scheduled hearing, District Attorney Mike Nifong gave defense lawyers 615 pages of evidence, a compact disc and a cassette tape. Prosecution evidence must be shared with the defense under North Carolina's discovery laws.

Nifong said the evidence provided Friday included much of what was requested by defense lawyers, who had asked for handwritten notes from police officers involved with the case, reports outlining procedures used at the labs who tested the DNA of the players and notes from a mental health facility where police took the accuser after a March 13 lacrosse team party where she was hired to perform as a stripper.

The woman, a student at nearby North Carolina Central University, later told police she was raped in a bathroom by three men at the off-campus party.

Nifong responded by telling Superior Court Judge W. Osmond Smith III that he is now personally handling discovery issues in his office.

"We're providing in good faith what we can in these circumstances," Nifong said. "Despite the feelings of some people, this is not the only case in Durham."

Evans, who has graduated from Duke, and underclassmen Reade Seligmann and Collin Finnerty were indicted on charges of rape, kidnapping and sexual offense. Defense attorneys have strongly proclaimed their clients' innocence.

[cardinal4]

This story has changed so many times...

[Howlin]

It has to change to fit the evidence.

[Howlin]

Google links to various articles posted about this:

http://news.google.com/news?hl=en&ned=&ie=UTF-8&ncl=http://rdu.news14.com/content/headlines/%3FArID%3D91299%26SecID%3D2

[Mr. Brightside]

Depends on the meaning of what "raped" is.

Depends on the meaning of what "minutes" is.

[twigs]

I see that Evans has graduated. Do you know if he has been able to get a job and try to start living a post-grad life? Hard, I know, with this hanging over your head.

[abb]

discussion coming up on court tv @ bottom of hour.

[Mo1]

he's changing the women's testimony now ??

[jdm]

"When something happens to you that is really awful, it can seem like it takes place longer than it actually takes," District Attorney Mike Nifong said.

I feel this way every time I listen to Mike Nifong speak :O)

[jdm]

After all, it's just sex. /s

[Tax-chick]

Superior Court Judge W. Osmond Smith III denied a defense request that prosecutors provide a detailed accounting of the alleged assault, including the exact time, place and type of sexual act the accuser said each defendant committed.

Is it just me, or does this sound nuts to you, too? "You're accused of ... doing something ... but we won't tell you what!"

[Carolinamom]

I'm praying that the defense attorneys have some more timed receipts that will slewer Nifong's latest time scenario. Crystal, no doubt, had a stop watch. 8)

[abb]

Smith told the defense they could refile the motion for a Bill of Particulars later.

[Perdogg]

Bases of a dismissal.

[Sue Perkick]

Just when you thought the case couldn't get stupider. Nifongery strikes again.

[Tax-chick]

I don't see how that helps, especially.

[Carolinamom]

slewer = skewer

[Enterprise]

Bump