Posted on 01/11/2007 7:25:16 AM PST by SmoothTalker
"The woman adjusted the timing of the assault to earlier in the evening, a time point preceding the well-documented alibi of one accused player, Reade Seligmann. The defense, however, introduced yet more alibi evidence for Seligmann: he was on the cell phone with his girlfriend during the height of the attack as the accuser now times it."
"* In her latest statement she said the attack ended at midnight.
In previous accounts, the woman said the gang-rape ended shortly before she left in the car driven by Kim Roberts, the second dancer. Roberts called 911 as she was driving away at 12:53 a.m., according to police records. This new account leaves 50 minutes unaccounted between the end of the rape and the departure from the party.
The new statement runs contrary to time stamped photos of the party, which show the two women dancing between 12:00 and 12:04 a.m. in the living room of the house at 610 N. Buchanan Blvd.
* In the latest statement, the woman says she arrived at the party at 11:20 p.m. on March 13 and that the rape began at 11:40 p.m. Her cell phone records show that she was on phone with her father and others up to one minute before the rape allegedly started."
"* The accuser has changed her description of Evans. On April 4, she viewed a photograph of Evans and said it looked like one of her assailants, except that the assailant had a moustache. In the Dec. 21 statement, the woman said the assailant had a five o'clock shadow, not a moustache. Evans has a visible five o'clock shadow in the photograph."
(Excerpt) Read more at newsobserver.com ...
Yes, that's it.........ironic, huh?
I think she may be getting an F!
For a moment, Megyn was flustered and almost speechless. And yet, Nifong STILL filed Sexual Assault and Kidnapping charges against Seligmann. Man oh man. Even I am beginning to become speechless. (Not really)
Law enforcement, if I recall correctly.
Not that I have seen, but here is a story about it:
The defense claims the woman told an investigator for the prosecution in December that the reported attack happened between 11:35 p.m. and midnight on March 13.
The defense goes on to say that claim contradicts the accuser's own cellular phone records, which show an incoming call at 11:36 p.m., and that someone stayed on the line for three minutes.
According to the defense, in her latest statement, the accuser says Reade Seligmann did not commit any sex act on her. Although he was repeatedly urged to take part in the alleged attack, she recalled, he said he could not participate because he was getting married.
The documents point out that in an April interview with police, the woman cited Seligmann as the attacker that she says stood in front of her and forced her to perform a sexual act.
"The accuser's most recent recollection of events demonstrates clearly that she cannot accurately recall and describe her attackers and that any identification made by her is necessarily unreliable," the defense filing said.
The defense also claims the woman now says the attacker she identified as David Evans did not have a mustache after all.
In an April lineup, she told detectives he did.
In that same interview, the accuser also said she was no longer certain she had been raped. That led Durham County District Attorney Mike Nifong to dismiss rape charges against Seligmann, Evans and Collin Finnerty.
The three defendants, who have maintained their innocence in the case, remain charged with sexual offense and kidnapping.
Based on today's motions, Reade Seligmann could be off the hook -- The Duke Lacrosse accuser's December 21 statements to District Attorney Mike Nifong have just been made public in a 76-page defense motion.
It was because of her statement in that interview that Nifong subsequently dropped rape charges against the indicted players.
According to the filing, in that interview the accuser now claims the attack took place between 11:35 and midnight, which contradicts the accuser's own cell phone records and the cell phone records for Reade Seligmann and his girlfriend.
She recants her April statement that Reade Seligmann was the man who stood in front of her and made her commit a sex act. Now she says Evans was that person and further admits that Reade Seligmann did not commit any sex act on her.
The motion goes on to point out how she recants her April statement that the attacker who looked like Dave Evans had mustache.
The motion also states that the accuser recants her March and April statements that "Matt" Kadam" and "Brett" were three separate people, and now says that they were only two people
In her December statement, the accuser recanted her statement that she was certain that two of her attackers used their penises to penetrate both her vagina and her rectum, and now claims that she cannot be sure about penile penetration at all.
The next scheduled hearing for this case is on February 5th.
"Nifong did it!"
I've been saying in posts for a while now that Evans is most at risk because he was there all night and has no alibi. All she has to do is get on the stand and point her finger at him and say "he grabbed my butt and called me n*gg*r". With a Durham jury there's your conviction right there.
Defense: Duke accuser says 1 player charged didn't assault her
By ELIZABETH DUNBAR
Associated Press Writer
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DURHAM, N.C. (AP) -- The accuser in the Duke lacrosse sexual assault case told prosecutors in December that one of the three players charged did not commit any sex act on her during the alleged attack, according to court papers filed Thursday by the defense.
The attacker identified as Reade Seligmann only watched, she told an investigator. While he was repeatedly urged to take part in the alleged attack, she recalled, he said he could not participate because he was getting married.
"The accuser's most recent recollection of events demonstrates clearly that she cannot accurately recall and describe her attackers and that any identification made by her is necessarily unreliable," the defense filing said.
The new description of Seligmann's role in the alleged assault was one of several changes the accuser made in her story during a Dec. 21 interview with an investigator from District Attorney Mike Nifong's office, the defense said.
In that same interview, the accuser also said she was no longer certain she had been penetrated vaginally by a penis, a necessary element of rape charges in North Carolina.
That led Nifong to dismiss rape charges against Seligmann and fellow defendants Dave Evans and Collin Finnerty. The players, who have steadfastly declared their innocence, remain charged with sexual offense and kidnapping.
Both Nifong and James P. Cooney III, an attorney for Seligmann, did not immediately return a call seeking comment Thursday morning.
You can't make stuff up any funnier than this!
Oh, I think we all are cracking up at that............LOL.
Looking at the stories about this, it has all broken in the last hour.
We'll hear more about this today.
"What does it matter how she changes her story now? She has changed it several times already. She should just claim it happened whenever the white boys don't have alibis and let Nifong fill in the blanks."
LOL
That's about what it will come down to.
You must realize that in North Carolina it is necessary to spell that out to some people.
Remember, Howlin, she also said in December that she can't say for sure that any penises were involved.
Wonder what the Oxford Dictionary of Sexual Assaults says about that.
She can't remember a G--D thing. This is just a farce. I'm ticked.
To account for the many different versions, will she now claim that she has multiple personalities named SueAli, TiffanyIzi, JaKishaMohammid, etc.....and they have confused Precious' real version of the truth?
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