Posted on 10/30/2006 3:04:46 AM PST by abb
Second Dancer Claims Alleged Duke Lacrosse Rape Victim Said to Bruise Her By CHRIS FRANCESCANI and EAMON McNIFF ABC News Law & Justice Unit
Oct. 30, 2006 — - The second dancer in the Duke rape case has said for the first time that the accuser told her to "go ahead, put marks on me'' after the alleged attack.
Dancer Kim Roberts made the new allegation -- which she has not shared with authorities -- in an interview with Chris Cuomo that will air today on "Good Morning America."
Roberts' allegation comes in the wake of Durham District Attorney Mike Nifong's admission in court last week that he has not yet interviewed the accuser "about the facts of that night."
As she drove the accuser from the March 2006 Duke lacrosse party, Roberts told ABC News the woman was clearly impaired and "talking crazy." Roberts said she tried several different times to get the accuser out of her car.
"The trip in that car from the house … went from happy to crazy,'' Roberts told Cuomo. "I tried all different ways to get through to her.
"I tried to be funny and nice," she continued. "Then I tried to, you know, be stern with her. … We're kind of circling around, and as we're doing that, my last-ditch attempt to get her out of the car, I start to kind of, you know, push and prod her, you know."
Roberts said she told the woman, "Get out of my car, get out of my car."
"I … push on her leg. I kind of push on her arm," Roberts said. "And clear as a bell, it's the only thing I heard clear as a bell out of her was, she said -- she pretty much had her head down, but she said plain as day -- 'Go ahead put marks on me. That's what I want, go ahead.' ''
Roberts said the comments "chilled me to the bone, and I decided right then and there to go to the authorities."
'Weighing on My Heart'
Roberts was not aware at the time of any rape allegations, which were first made by the accuser after police had arrived and taken the woman to a crisis center.
In the interview, Roberts appeared reluctant to talk about her new claim.
"It is something that has been weighing on my heart, and I worry that maybe I won't be called to trial,'' Roberts told Cuomo, as she reached for a tissue. "Because all of, so many of her, so much of [the accuser's] statement differs from mine and I, I might not help the prosecution at all as a witness.''
Roberts became visibly upset as she described the accuser's comments for the first time, at one point stopping the interview.
"I don't even want to talk about it anymore,'' she said.
"Why is it so hard for you to reveal that?" Cuomo asked Roberts.
"Because I think it's gonna make people rush to judgment,'' she replied. "It's gonna make them stop listening. … And I don't like this at all. It's gonna make-- It's gonna make people not listen and I, I'm sure you're probably not even going to play this. It's gonna make people not listen to any other part of the story. It's gonna make people so judgmental, it's gonna solidify their opinions so much, that they're not gonna want to hear the other aspects of the case, which I think are just as important.''
Changes in Roberts' Characterization of the Events
Roberts' attorney, Mark Simeon, said she never shared what she says were the accuser's final comments with police, not realizing their significance at the time. He said she would be willing to take a lie detector test about the new information.
Three Duke lacrosse players -- Dave Evans, Colin Finnerty and Reade Seligmann -- were charged last spring with rape and kidnapping for the alleged attack on the exotic dancer, who had been hired by the men to perform at the off-campus party. All three men have vigorously declared their innocence, inside and outside of court.
Defense attorneys for the players declined to comment on Roberts' remarks.
Durham County District Attorney Mike Nifong did not return a call over the weekend for comment.
One legal expert who has followed the case closely from the start said the new information is a clear blow to an already embattled prosecution team.
"To have witnesses appear on a media program revealing information that the prosecutor doesn't know is stunningly inappropriate,'' said Linda Fairstein, who headed the Manhattan District Attorney's Sex Crimes Unit for more than two decades.
Roberts has proven to be a somewhat unpredictable character in a case with a seemingly bottomless supply of surprises.
She has said consistently that she doesn't know whether or not a rape occurred. But she has characterized the evening's events differently to different people.
On March 20, when police first contacted her a week after the alleged attack, she called the rape allegation a "crock'' and said that she was with the woman for all but "less than five minutes.''
A month later, in an Associated Press interview, she indicated that she believed there had been an attack.
"I was not in the bathroom when it happened, so I can't say a rape occurred -- and I never will. … In all honesty, I think they're guilty. … Somebody did something besides underage drinking. That's my honest-to-God impression."
Then, on June 14, in an interview with National Public Radio, she said she was "unsure'' of how much time passed when the alleged victim got out of her car and went back into the house to get her purse.
"I can never say a rape did or did not occur. That's for the courts to decide. I didn't see it happen, you know? But what I can say is that there was opportunity and it could have happened.''
Simeon told ABC News that she has never shared this new information with authorities simply because she was never asked.
"She hasn't spoken to authorities beyond that very first [March 20] interview that police conducted,'' Simeon said. "She's never met with the DA and has never been called back for a follow-up interview.''
Simeon said she told him she felt her complete story was damaging to both the prosecution and the defense's cases, and as such she believes she may not be called to the witness stand at all.
Fatal Blow to Duke Prosecution?
Nifong, who is seeking reelection next month, stunned defense attorneys in court last week when he said that he has yet to interview the accuser "about the facts of that night.''
"I've had conversations with [the accuser] about how she's doing,'' Nifong said. "I've had conversations with her about seeing her kids. I haven't talked with her about the facts of that night. … We're not at that stage yet.''
The prosecutor made the comment in response to a request from defense attorneys for any statements the accuser has made about the case.
Nifong said that only police have interviewed the accuser, and that none of his assistants have discussed the case with the woman either.
The highly-charged case has sparked an intense, bitter rivalry between Nifong and defense attorneys.
In September, he similarly surprised defense attorneys when he said in court that the attack, which the accuser told police took about 30 minutes, had in fact been only "five to 10 minutes.''
"When something happens to you that is really awful, it can seem like it takes place longer than it actually takes.''
Fairstein, widely considered a pioneer in the field of sex crimes prosecution, said Roberts' allegations do not bode well for either her own credibility or for the district attorney's office.
"In terms of any prosecution, it's troubling when a witness who has been interviewed many times comes up with a completely new statement,'' Fairstein told ABC News. "At some point in a prosecutorial interview, she would have been asked to give them anything she knew, any scrap of information that she had.''
Fairstein told ABC News she was shocked to learn last week that Nifong has yet to interview the accuser.
"That is just against the progress that's been made in this very specialized field,'' she said. "It belies anything a prosecutor would do before making charges. There was no need to rush to the charging judgment in this case. … This whole train should have been slowed down and everybody interviewed before charging decisions. To have witnesses appear on a media program revealing information that the prosecutor doesn't know is stunningly inappropriate.''
A little more Durham background.
from 1992 report: FV Allison's name on report Lavonia's Husband (?)
2002 The annual report shows William V Bell as registered agent.
And who would the VP/Treasurer be?
James A Wall, Jr.
Where have we read that name? I have to search the hard drive, but I want to say he is the architect who designed Teasers or another club? I know the article was posted a day or so ago. And we talked about it forever ago.
http://www.mcsbk.com/a_directors.htm
Mutual Community Savings Bank
Board of Directors
"The Platinum is open Thursday thru Saturday.
The 23/24/25th of March would be the period the video is from, taken on Saturday the 25th."
She may have well been on her way there the day the N&O reporteress caught her coming out the door, gym bag slung over her shoulder.
Does anyone in the Durham area have an ear to the ground regarding Freda Black and Finesse Couch?
I do not know if they even know one another, but if they do, is it a friendly or not so friendly relationship?
Is Freda a mother?
Divorced mother of 2, I think. Maybe daughters.
I don't recall what he said. You might be right about that. Just thought that the date stamp on the video might reflect an after midnight date change. I guess it would also show the time as well so if we could see the video we could clear this mystery up. I will volunteer you to go watch it. Weak stomach here.
A google search turns up this tidbit, but the link does not go to this particular post (darn!)
Got MILF?
ROTFL!!!
I walked right into that one.
I hope that's legit and I hope it's right.
Pepper, as of right now both of those dates are within thirty days. I guess it wouldn't be advisable for all of us to hold our collective breath in anticipation though.
(The following was posted on Talk Left by Bob in Pacifica) :
Let's shine a light on Mr. Olatoye and his business enterprises, from Precious stripping at the Platinum Club to, perhaps, running guns in Africa?
It seems that Africargo International is involved with a certain Victor Bout. "UN officials have accused Victor Bout of using the United Arab Emirates as a permanent base but using many "flags of convenience" and sub-contracting arrangements for his aircraft to facilitate illegal arms and diamond smuggling activities, particularly in Africa...
>From an article here: http://www.ruudleeuw.com/vbout29.htm
Research shows that the registration 9L-LEO was issued by the Sierra Leone civil aviation authority to an Antonov-8 with serial number OG3410 on 22 March 2004, and was owned by a U.S. Oregon-based company called Simax LLC, using an address in Sierra Leone "c/o Africargo International/Inter Tropic Airlines". Africargo International paid for the Airworthiness Operations Certificate (AOC) that was valid until June 2004 but was not renewed. This indicates that the plane was flying in contravention of aviation regulations in the DRC in July 2004 without a valid AOC. The Sierra Leone authorities subsequently deregistered the aircraft in October 2004.
(snip)
Anyone who knows about these private little airlines knows arms fly one direction, and other things come back in the other direction. Southern Air Transport, Air America (not the Al Franken one), Evergreen. . .
At the very least, Mr. O's airline was being used to hide a weapons and diamond-smuggling plane.
Did I say Victor Bout?
http://rigorousintuition.blogspot.com/2006/02/lawyers-guns-money-and-drugs.html
Long at the center of this operation is the mysterious Russian arms dealer, Victor Bout.... His planes are registered to various companies all operating out of the United Arab Emirates.
In fact, the United Arab Emirates have been viewed as hub for trade going and coming to Afghanistan, with drugs coming from Afghanistan on their way to the West, and weapons from Bout, going back. While transportation was via Bout's different air cargo interests, it also involved the Afghan state airlines, called Ariana Airlines. The airline was controlled by Al Qaeda. Al Qaeda agents masquerading as Ariana employees flew out of Afghanistan, through Sharjah, one of the emirates, and on to points west.
http://www.royaltyenterprisesusa.com/Africargo.html
Services
Africargo International offers a wide range of professional and well-maintained cargo services that can ensure safe, reliable and efficient air cargo operation.
Africargo International offers regular consolidation services to and from West African airports to Dubai to and West Africa to European airports. AI offers affordable and competitive cargo service rates to all cargo customers.
Board Members/Management Team
» Mr. Aboubacar Jobe (Founder & Managing Director)
» Mr. Kah (Chief Financial Officer)
» Mr. Malamin Janneh (Chairman)
» Dr. Victor O. Olatoye (Director)
» Finance International Limited (Management & Administration)
-Chronicle article
This is being questioned by some posters at FODU. Is there a way to verify this?
That's news to me.
I don't think there is a way to verify it or confirm that the offer never happened. Seems unlikely to me. My roomate was an A.B. Duke Scholar and there were only about a dozen or so per year. Very impressive academic resumes and turning it down would take an extraordinary offer from another school. It is a free four year ride without a great commitment -- he occasionally wentto AB Duke social but not much more than that. I recall my roomate telling me he had to maintain a 2.5 GPA to keep it). In some reports from folks who attended school at UNC with Nifong, he had a strange hatred of Duke but if there is one thing we have learned, Nifong is one odd duck.
I'm skeptical of the AB Duke claim but I suppose it is conceivable. It is an easy thing to put down on a resume that is well nigh impossible to refute. Also, if you are exploiting anti-Duke feelings for political purposes, it is a citation to a history of sticking it to Duke.
Duke on ABC NOW !
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