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'Go Ahead, Put Marks on Me' (GMA Interview w/Kim - DukeLax Ping
ABC News ^ | October 30, 2006 | CHRIS FRANCESCANI and EAMON McNIFF

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.''


TOPICS: Chit/Chat
KEYWORDS: duke; dukelax; durham; nifong
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To: abb
"Follow the money..."

I agree. I think Ms Kimmie stole Prescious' money and dumped her at Krogers. But since neither of the strippers know the meaning of the word truth, we'll probably never know.

I think Kim stole the money since she admitted asking Crystal if she had her money several times and then waited for her (someone she'd never met before-Why wait?)-Then dumps her at Krogers claiming to have found her on the roadside. And shock of all..the money is missing.

81 posted on 10/30/2006 7:52:25 AM PST by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: TommyDale

I would not see any reason to wait until he is sworn in. I really think the Bar Association are waiting to give Durham a chance to fix this problem. They should begin to act if Durham does not as soon as the last vote is counted.


82 posted on 10/30/2006 7:54:48 AM PST by JLS
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To: abb

Speaking of money, has Kim given up exotic dancing? Do we know how she's been supporting her kid?


83 posted on 10/30/2006 7:55:40 AM PST by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: maggief

WHoa! Like the former President of Durham's PO Association?
aka Mark Gottlieb????


84 posted on 10/30/2006 7:57:51 AM PST by Protect the Bill of Rights
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To: Neverforget01
Do we know how she's been supporting her kid?

I don't know. I'm not sure I want to know, lol.

85 posted on 10/30/2006 8:04:19 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Neverforget01; ltc8k6

I think she got a book deal and paid the restitution out of the advance. [Simon and Schuster or a subsidiary?] That I believe according to the deal would scrub her house arrest and maybe her probation. I have been expecting all along she would be in CA and would finally start talking WHEN NIFONG COULD NOT GET AT HER.

I don't really understand all of this negative attitude towards Roberts here every time she is on TV. Yes she spun this to her advantage from the start. I believe her police statement was basically true, if not completely true. I believe this added detail is likely true. The 911 calls was false. But as far as I can tell she has been generally truthful throughout since this matter turned serious:

1. Her first reaction was that Mangum's story was a crock.

2. It is possible she was not always with Mangum's so she could not testify under oath a rape did not happen.

3. Her statement that she did not see a rape is true.

4. Her statement that she did not see a rape but believes something happned was her hedging to get her deal possibly but it could be her belief that the players took back their money or some of their money. Money was their big concern and that would be something happening.

I give Roberts a lot of credit. She was looking out for herself as people do. She was under a lot of local pressure to back Mangum. She was not swayed by it and did not out and out lie to support Nifong/Mangum. She has gotten herself out of that situation and I think is now telling the truth if bit by bit.

Finally she has basically stabbed Nifong in the back after he signed that sweetheart bond deal. Who could deserve that knife in the back more than Nifong. I think you have to admire that.


86 posted on 10/30/2006 8:08:41 AM PST by JLS
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To: JLS
Finally she has basically stabbed Nifong in the back after he signed that sweetheart bond deal. Who could deserve that knife in the back more than Nifong. I think you have to admire that.

"The enemy of my enemy..."

87 posted on 10/30/2006 8:11:47 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: maggief

OT: But cannot find a thread.

Bush is speaking at GA Southern in Statesboro.
I am so proud. Listen to that crowd. My oldest graduated from there!

(May Erk Russell rest in peace)


88 posted on 10/30/2006 8:12:08 AM PST by Protect the Bill of Rights
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To: Protect the Bill of Rights

Duke issue coming up on Fox news


89 posted on 10/30/2006 8:14:15 AM PST by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: Protect the Bill of Rights

Ex-police officer, ex-PI, gospel singer, current Nifong investigator, Linwood Wilson also comes to mind.

BTW, has more been learned about Gottlieb's sick leave and subsequent removal from the case? Is this similar to Chalmers' leave of absence?


90 posted on 10/30/2006 8:15:08 AM PST by maggief
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To: maggief

Linwood, how could I forget?

More research!


91 posted on 10/30/2006 8:16:28 AM PST by Protect the Bill of Rights
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To: Neverforget01
"Are we sure it was in CA?"

ABC identified the location as Elk Grove, California, a community just South of Sacramento.

I would like to know why she would be in Elk Grove, CA if she is under house arrest in Durham, NC.

92 posted on 10/30/2006 8:20:29 AM PST by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: JLS

Oh I give her credit too, she can spin like a top. I am speculationg, but I wouldn't be surprised if some PR firm has been advising her. Dropping "bombshells" in dribs and drabs keeps your name front and center. Kudos to Kim, if it's her own doing.


93 posted on 10/30/2006 8:20:39 AM PST by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: Neverforget01; abb

Someone must have paid that restitution for her and I think she is darn smart to be out of Durham.

Many around her have had little faith that anyone black would do anything but railroad these guys. Well Roberts has not taken the easy path of racial solidarity and I think that is to be admired.


94 posted on 10/30/2006 8:23:59 AM PST by JLS
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To: JLS
Well Roberts has not taken the easy path of racial solidarity and I think that is to be admired.

Possibly. I don't know, though, that her speaking out is very altruistic. She sees which way the tide's running.

95 posted on 10/30/2006 8:27:10 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb
She sees which way the tide's running.

Yeppers, were she and Simeon were hoping to jump on the Precious lawsuit bandwagon, until the wheels fell off?
96 posted on 10/30/2006 8:37:30 AM PST by maggief
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To: abb

I am not suggesting she is altruistic, but many around here believe blacks will believe Mangum no matter what. I am only pointing out she did not. Had the pressure been greater she might have buckled, but that is true about anyone who has resisted pressure.


97 posted on 10/30/2006 8:38:03 AM PST by JLS
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To: abb

The poor Kimster doesn't think she'll be called to testi-lie? What a bummer. Does this mean her 15 minutes were up 14 minutes ago?


98 posted on 10/30/2006 8:38:47 AM PST by Jrabbit (Scuse me??)
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To: JLS
The stripping embezzler has known the truth for months, nothing has prevented her from telling it. 8 months later? Sorry, I don't admire her in the least.

She gets on CBS 60 Minutes with bombshell #1; ABC GMA with bombshell #2--Expect bombshell #3 with a Dan Abrams exclusive on NBC. The trifecta!

I hate being so cynical-but I can't help it.

99 posted on 10/30/2006 8:40:20 AM PST by Neverforget01 (Republicans resign; Democrats run for reelection)
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To: Neverforget01
I hate being so cynical-but I can't help it.

The power of accurate observation is commonly called cynicism by those who have not got it. ~ George Bernard Shaw

100 posted on 10/30/2006 8:49:25 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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