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.''
Sunlight is the best disinfectant.
I'll bet that fancy house is on the market soon.
A polite phone call from Joe Cheshire explaining the consequences?....
All of the above, LOL!!!
This is the translated version of:
Translated version of http://www.dqnw.gov.cn/xx/content.asp?id=6183
International Trade OpportunitiesThe United States, degree of cereal
12000MT50KG 12,000MT being sought, each 50KG packaging "Organization Department Holds Press Conference
Mr. victor olatoye (PUCHASING MANAGE)Contact : Mr. Victor olatoye (PUCHASING MANAGE)
: ROYALTY ENTERPRISE INCCompany : ROYALTY ENTERPRISE INC.
1 872 2632Tel : 1 872 2632
1 872 6505Fax : 1 872 6505
This also appears on:
www.dfagri.com whois
Registrant:
tongxiang city agricultural bureau 0573-2070087
tongxiang city agricultural bureau
No.432,hexing road,jiaxing city
jiaxing,Zhejiang,China 314001
Domain Name:dfagri.com
Record last updated at 2006-09-18 07:14:16
Record created on 2001/9/26
Record expired on 2007/9/26
ibdaily.mofcom.gov.cn
(Can't find the whois, but page translated from Chinese)
(Again, can't find through whois, but translated from Chinese)
In Nifong's bizarro world, when it appears that the complaining witness has lied, you don't ask her any questions, you go and get a false affidavit from the owner of the club. They are afraid to ask her. These folks are sick, truly sick.
Registrant:
tongxiang city agricultural bureau zk21@mail.jxptt.zj.cn 0573-2070087
tongxiang city agricultural bureau
No.432,hexing road,jiaxing city
jiaxing,Zhejiang,China 314001
Domain Name:dfagri.com
Record last updated at 2006-09-18 07:14:16
Record created on 2001/9/26
Record expired on 2007/9/26
Domain servers in listed order:
ns1.dns-diy.com ns1.czstn.com
Administrator:
Name-- guoyanqing
EMail-: (zk21@mail.jxptt.zj.cn)
tel --: 0573-2070087
org: jiaxing china science&technology network co.,ltd.
No.432,hexing road,jiaxing city
jiaxing,zhejiang,china 314001
Technical Contactor:
Name-- guoyanqing
EMail-: (zk21@mail.jxptt.zj.cn)
tel --: 0573-2070087
org: jiaxing china science&technology network co.,ltd.
No.432,hexing road,jiaxing city
jiaxing,zhejiang,china 314001
Billing Contactor:
Name-- zhangluping
EMail-: (zk21@mail.jxptt.zj.cn)
tel --: 0573-2070087
org: jiaxing china science&technology network co.,ltd.
No.432,hexing road,jiaxing city
jiaxing,zhejiang,china 314001
//
?
//
Registrant:
Zhejiang Zhongda Group Holding Co.,Ltd. kanewz@mail.hz.zj.cn 0571-87817566
Tower A,Zhongda Plaza
Hangzhou,Zhejiang,China 310003
Domain Name:zj-zhongda.com
Record last updated at 2005-11-29 03:00:08
Record created on 2001/12/18
Record expired on 2007/12/18
Domain servers in listed order:
ns1.dns-diy.com ns2.dns-diy.com
Administrator:
Tower A,Zhongda Plaza
Hangzhou
Zhejiang,
China
310003
name:(Zhejiang Zhongda Group Holding Co.,Ltd.)
mail:(kanewz@mail.hz.zj.cn) 0571-87817566
Technical Contactor:
No. 231 Hanghai Road,Hangzhou
hangzhou
Zhejiang,
China
310020
name:(ICOM Software Tech.Co.,Ltd)
mail:(kanewz@mail.hz.zj.cn) 0571-85023060
Billing Contactor:
No. 231 Hanghai Road,Hangzhou
hangzhou
Zhejiang,
China
310020
name:(ICOM Software Tech.Co.,Ltd.)
mail:(kanewz@mail.hz.zj.cn) 0571-85023060
"The Platinum is in a different county . . . .
unless the Orange County Cops get involved..
hes got nothing to worry about. the club is so
out of the way i doubt the ALE even bothers with Platinum. . ."
"President, and Chief Executive Officer of Royalty Enterprises USA.
ROYALTY is nothing more than the OLD Cabaret Royale
(A STRIP CLUB) at 2202 Angier Ave Durham, North Carolina, USA"
"club owner Victor Olatoye someone that goes to work wearing
a purple velvet suit and a fuzzy purple pimp hat can only be so
credible:) and it wasent even halloween yet:)"
Posted: 11/02/06 4:47 PM try__ton__x
http://forums.go.com/abclocal/WTVD/thread?threadID=136336
* There is a good picture of the joint (Johnsville?) .
The African doctor's air cargo service sounds like a beat up old Cessna.
Orange County...Willie's territory. UNC is only a few miles south.
He may well have the IRS and State Departments of Revenue to worry about. I am assuming W2s or 1099s are needed even for strippers and other varieties of sex workers!!
He may well have the IRS and State Departments of Revenue to worry about. I am assuming W2s or 1099s are needed even for strippers and other varieties of sex workers!!
http://www.royaltyenterprisesusa.com/Club_Royale.html
Here's the good Doctor.
I wonder if he left Durham County because Orange County was more business friendly?
I also wonder if Willie reports to him. Willie was arrested in Hillsborough, IIRC.
Willie, the pimp.
Owner of Bunnyhole
I will have to check and see if the good doctor has been the the Newark area.
Last point:
"...The African doctor's air cargo service sounds like a beat up old Cessna...."
Makes me look at that house again. 715,000 purchase price.
Platinum ain't Teasers.
(Willie lives in Orange County according to the tax rolls)
Did we ever find out any details about the club in Smithfield?
Elected positions and sleeping with someone else's spouse are not compatible, especially in this day and age.
Of course, I do not know the state of the marriage or divorce proceedings, but I will say the doctor seems to have taken the high road for this story.
Court weighs law on dancing
Suit opposing ban is heard on appeal
Larry O'Dell, The Associated Press, Published: Oct 25, 2006 12:30 AM
RICHMOND, VA. - North Carolina's ban on sexually explicit dancing at establishments that serve alcohol imposes minimal restrictions that don't violate anyone's free-expression rights, an attorney for the state told a federal appeals court Tuesday.
Christopher Browning, the state's solicitor general, urged a three-judge panel of the 4th U.S. Circuit Court of Appeals to reverse a lower court's ruling that some provisions of the law are so broad they are unconstitutional.
The statute recognizes "the volatile combination of alcohol and erotica," Browning said. "Harmful secondary effects flow from this kind of conduct."
Christie's Cabaret, a Greensboro strip club, filed a lawsuit challenging the law in 2001. U.S. District Judge N. Carlton Tilley struck down the law, and the 4th Circuit upheld his decision.
The General Assembly revised the statute in 2003 but kept provisions banning dance moves that simulate sex acts or the fondling of one's genitals, breasts or buttocks.
The strip club sued again, and Tilley ruled in November that the law still prohibits protected expression.
The club's attorney, J. Michael Murray, told the appeals court Tilley was correct.
"If you ban simulated sex and fondling on the part of the exotic dancer, that bans the message," Murray said.
http://www.newsobserver.com/102/story/502449.html
* What this story needs now is for a good dance critic to review the acts at the Platinum.
April, 2006 Mustang Ranch
One of the few places in North Carolina that have a full liquor bar
and also do nude dances. The Nude dances are in a separate room --
$30.00/song or $120/20 minutes. The couch dance room isn't private
and there are bouncers in the room (she told me there weren't.).
The bar is in the main area not far from the stage. Lots of friendly
and good looking girls, Well worth spending a few hours here.
http://wizeoldman.com/nc_clubs/selma_mustang_ranch.htm
* Selma is right next to Smithfield.
Tryton at the abc board comes to mind, LOL!
Freda Black is endorsing Cheek. Just "heard" it on TL.
Former prosecutor urges vote against Nifong in Durham DA race
By SAMUEL SPIES : Associated Press Writer, Nov 3, 2006 : 2:12 pm
DURHAM, N.C. -- A former Durham County prosecutor who lost in May's primary urged her supporters Friday to vote against District Attorney Mike Nifong, the embattled prosecutor at the center of the Duke lacrosse rape case.
Freda Black said voters should instead support Lewis Cheek, a Durham County commissioner who is listed on the ballot as an unaffiliated candidate. Upset with Nifong's handling of the lacrosse investigation, Cheek got into the race solely to beat Nifong: he has pledged not to serve if elected, which would force the governor to appoint a replacement should he win.
"I ask that you, the 10,000 voters who supported me in May, vote for Lewis Cheek. This district attorney's race truly stretches beyond all lines and the outcome will affect every citizen in Durham," Black said in a statement. "We have an opportunity on November 7th to better our community and our justice system. Please take that opportunity."
Nifong also face a challenge from Steve Monks, a Republican running a write-in campaign, who has also criticized the veteran prosecutor for how he has conducted the investigation into allegations that three Duke lacrosse players raped a stripper at an off-campus party earlier this year.
Monks, who received the support of just two percent of those polled in the only survey taken in the race, said Friday he would not drop out to clear the way for Cheek to make a clean run at Nifong.
"I reject the caretaker mentality of letting someone else ... choose our district attorney," Monks said. "Lewis Cheek is a candidate in name only and he is the spoiler here."
Nifong, appointed by Gov. Mike Easley to lead the office last year, fired Black the day he took over as district attorney. She said during her primary campaign that Nifong threatened the integrity of the lacrosse case by speaking often about it with reporters during the early days of the investigation.
Nifong won the Democratic primary 45 percent of the vote, beating Black and attorney Keith Bishop. With no one else on the ballot, he appeared headed toward an easy November election until Cheek and Monks began collecting signatures in order to enter the race.
Cheek got enough to place his name on the ballot as an unaffiliated candidate, while Monks only got enough to run as a write-in.
An assistant in Nifong's office said he was not in the office Friday. In a poll commissioned last month by The News & Observer of Raleigh and WRAL-TV, 46 percent of likely voters backed Nifong. Cheek had 28 percent, while 24 percent were undecided.
Along with former district attorney Jim Hardin, now a state Superior Court judge, Black prosecuted Durham novelist and one-time mayoral candidate Michael Peterson in a five-month murder case that was broadcast daily on Court TV. Peterson was found guilty in October 2003 of killing his wife and sentenced to life in prison without parole.
http://www.heraldsun.com/state/6-784581.html
* Freda works for the Clayton law firm, the one Gottlieb hired.
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.