Police: Duke accuser 'passed-out drunk'

Associated Press ^ | 4/13/2006 | AP

[ghost of nixon]

DURHAM, N.C. -- A woman who claims she was sexually assaulted by members of Duke University's lacrosse team was described as "just passed-out drunk" by one of the first police officers to see her, according to a recording of radio traffic released by Durham police on Thursday and obtained by The Associated Press.

The conversation between the officer and a police dispatcher took place about 1:30 a.m. March 14, about five minutes after a grocery store security guard called 911 to report a woman in the parking lot who would not get out of someone else's car.

The officer gave the dispatcher the police code for an intoxicated person and said the woman was unconscious. When asked whether she needed medical help, the officer said: "She's breathing and appears to be fine. She's not in distress. She's just passed-out drunk."

The black woman, a 27-year-old dancer and college student, told police she was sexually assaulted and beaten by three white men around midnight at an off-campus party thrown by Duke's lacrosse team. The racially charged allegations have led Duke to cancel the highly ranked team's season and accept the resignation of its coach.

No charges have been filed, but district attorney Mike Nifong has said he believes a crime was committed. Attorneys for the players have said DNA tests failed to connect any players to the alleged attack, and they have urged Nifong to drop his investigation.

The radio recordings, obtained by the AP through a records request, are the first instance in which police or anyone connected with the investigation has said the woman appeared to be intoxicated.

Defense lawyers, however, have said time-stamped photographs taken by the players show that the accuser was drunk and had already suffered some injuries when she arrived at the house for the party.

The recording is consistent with "what I have seen of the photo evidence before," attorney Kerry Sutton said. Those photos, she said, showed that she was "way beyond where you would put somebody behind the wheel of a car."

The description of the woman's medical exam -- which Nifong has said is his basis for believing a rape occurred -- does not mention her being drunk. It states only that the woman's injuries and behavior were consistent with having been raped, sexually assaulted and having suffered a traumatic experience.

The woman has told police she and another dancer hired to dance at the party arrived at 11:30 p.m. March 13. The pair reportedly left the house a short time later, fearing for their safety. The accuser told police the two were coaxed back into the house with an apology, at which point they were separated. That's when she said she was dragged into a bathroom and sexually assaulted, beaten and choked for a half-hour.

At 12:53 a.m., police received a 911 call from a woman complaining that she had been called racial slurs by white men gathered outside the home where the party took place.

The defense has said it believes the second dancer at the party made that call. The 911 call from the grocery store security guard was placed at 1:22 a.m.

In it, the caller says, "Um, the problem is ... it's a lady in somebody else's car and she will not get out of their car. She's like, she's like intoxicated, drunk or something. She's, I mean, she won't get out of the car, period."

A police spokeswoman did not immediately return a call seeking comment on the radio traffic.

The case has focused intense national scrutiny on Duke and the lacrosse players and has sparked protests on the elite private university's campus and elsewhere in Durham. The school last week canceled the highly ranked team's season and coach Mike Pressler resigned after the release of a vulgar and graphic e-mail sent by a team member shortly after the alleged assault.

Several of the defense attorneys say they expect the district attorney to ask a grand jury on Monday to issue charges in connection with allegations.

"Rest up on Sunday," Sutton said.

There has been no official word, however, on whether Nifong intends to present the allegations Monday. His next opportunity would come two weeks later.

[Brytani]

Not only clean up the room but also clean her up. 

I thought last night what it would take to clean a crime scene in my smallest bathroom.  A typical 2nd bathroom, standard sink, vanity, toilet and shower/tub combination.  It’s about the size of a small closet as described by the “victim”. 

Trace evidence that would be found and need to be cleaned: 

Hair, fibers and fingerprints - The entire bathroom would need to be vacuumed with a high-powered machine, making sure every single hair, even the smallest eyelash is picked up.  Including all places where hair/dust etc tend to gather; corner of walls, base of toilet, inside tubs, drain pipes windowsills and any air conditioning/heating/fan vents. 

Alternative light sources would need to be brought it to detect any small hairs almost invisible to the naked eye.  This process would also be done for trace fibers from the rapist’s clothes.  The light would also detect latent fingerprints around the bathroom, those would need to be cleaned or at least smeared until they could not be recognized.  It would help to dust the bathroom with mag powder to make sure the light didn’t miss any prints.  

Semen, blood and saliva - The floors, walls and all surfaces would need to be wiped down with bleach and rinsed well.  An alternative light source would need to be brought in and run using various light waves to assure no body fluids remained.  Then, on areas where the bleach was showing, an acidic material would need to put over the bleach to bring the residual areas of bleach at a 12.7ph closer to a ph of 7.0.  This same process would need to be done for any blood and saliva present from the supposed attack. 

Once the room was “cleaned” she would need to be cleaned.  

First she would need to take a long and careful shower where every part of her body was scrubbed and rinsed well.  She would need to douche to remove any residue of sperm/and or latex, lubricant or powder left from the use of a condom.  

Her clothes would need to be laundered and then using an alternative light source searched for traces of semen, blood, saliva and most important trace fibers/hairs from the attackers.  If any fibers/hairs were found, they would need to be removed using tweezers to assure the presence of adhesive material was not detected. 

To assure all hairs were removed from the victim, her public and body hairs would need to be combed with a small-toothed comb to remove any hairs that remained.  

Of the top of my head this would be a start on cleaning a crime scene where a rape took place.  I am positive if I gave it more though, I’d remember ways of detecting evidence that I’ve forgotten about.  Does anyone think these kids could have done even ½ of this in the time allotted, or in an intoxicated state?

[Jezebelle]

That's what I meant - clean her up. The bathroom could be cleaned later.

She's saying now that it could have been as little as three minutes. The time stamps on the photos narrow the window to seven minutes.

There would be a lot of cleaning of the bathroom as you say, to remove every trace of her, but that wouldn't be necessary in this case because there's no dispute she was in the house. We don't know if she detailed her movements inside the house to the cops. She may have put herself using the bathroom at some point anyway. If the bathroom was cleaned of every trace of her, that could look suspicious.

[Brytani]

Maybe not every trace of her but every trace of her mixed with biological materials from the accusers. ie, their salvia/sperm/blood mixed with any of her biological material.

Funny though, they didn't even find a stray pubic hair on her...no DNA match, no signs of sexual intercourse. Her time frame keeps changing, no positive ID until weeks later, she painted her nails in the bathroom (shown on the pictures) and yet some people still believe her story. Incredible.