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Police: Duke accuser 'passed-out drunk'
Associated Press ^ | 4/13/2006 | AP

Posted on 04/13/2006 3:21:02 PM PDT by 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.


TOPICS: Crime/Corruption; Extended News; News/Current Events; US: North Carolina
KEYWORDS: duke; dukelax; falserape; getwhitey; lacrosse; lyingwitch; rape; skunkalert
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To: Pharmboy

Excellent observation! I understand that the defense attorneys have hired an investigator. Perhaps he's tracking her movements before she arrived at the party house. I certainly hope so.


61 posted on 04/13/2006 3:55:47 PM PDT by Carolinamom (Daily legal immigrant to FreeRepublic.com)
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To: Enterprise
Oh good grief. Get a life.

LOL!!

No stats, eh?

62 posted on 04/13/2006 3:55:54 PM PDT by Osage Orange (The old/liberal/socialist media is the most ruthless and destructive enemy of this country.)
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To: Shermy
He could have said "she looks like she's in shock" and been just as correct.

Coulda, woulda, shoulda . . .

But he didn't. What the officer said, was, ""She's breathing and appears to be fine. She's not in distress. She's just passed-out drunk."
63 posted on 04/13/2006 3:55:56 PM PDT by Beckwith (The liberal media has picked sides and they've sided with the Jihadists.)
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To: ghost of nixon

maybe someone could do a parody of this song for the 'victim'

Artist/Band: Nichols Joe
Lyrics for Song: Tequila Makes Her Clothes Fall Off
Lyrics for Album: III
SHE SAID i'M GOING OUT WITH MY GIRLFRIENDS
MAGUARITAS AT THE HOLIDAY INN
OH MERCY...MY ONLY THOUGHT
WAS TEQUILA MAKES HER CLOTHES FALL OFF

I TOLD HER PUT AN EXTRA LAYER ON
I KNOW WHAT HAPPENS WHEN SHE DRINKS PATRON
HER CLOSETS MISSING HALF THE THINGS SHE BOUGHT
TEQUILA MAKES HER CLOTHES FALL OFF

CH....SHE'LL START BY KICKING OUT OF HER SHOES
LOSE AN EARRING IN HER DRINK
LEAVE HER JACKET IN THE BATH ROOM STALL
DROP A CONTACT DOWN THE SINK

THEM PANTYHOSE AIN'T GONNA LAST TOO LONG
IF THE D J PUTS BON JOVI ON
SHE MIGHT COME HOME IN A TABLECLOTH
TEQUILA MAKES HER CLOTHES FALL OFF

SOLO

SHE CAN HANDLE ANY CHAMPAIGNE BRUNCH
BRIDAL SHOWER WITH BACARDI PUNCH
JELLO SHOOTERS FULL OF SMIRNOFF...
BUT TEQUILA MAKES HER CLOTHES FALL OFF

CHORUS

SHE DON'T MEAN NOTHING
SHE'S JUST HAVING FUN
TOMORROW SHE'LL SAY
OH WHAT HAVE I DONE
HER FRIENDS WILL JOKE ABOUT THE STUFF SHE LOST
CAUSE TEQUILA MAKES HER CLOTHES FALL OFF


64 posted on 04/13/2006 3:56:24 PM PDT by connectthedots
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To: Pharmboy

I'm sure that if this does go to trial that the accused is going to show up with the cutest co-ed Reese Witherspoon type he can find sitting behind him in court (he might have to borrow her from UNC) and essentially make the implicit argument, "you think I'm going to touch her when I can have that."

Crude I know but this case isn't pretty and it's going to get uglier.


65 posted on 04/13/2006 3:56:34 PM PDT by cdga5for4
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To: Enterprise

You're right.


66 posted on 04/13/2006 3:57:51 PM PDT by John Robertson (Even if we disagree now, we may agree later. Or vice versa.)
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To: Tall_Texan
I actually will give the woman a pass on this one. If she had truly been raped (by the athletes or anyone else) and was stunned she might be unwilling to get out of the car and that might cause the first reporting officer to conclude she was on drugs or drunk when that might not be the case. If they administered no test, they can't really say if she was or not.

MIGHTY interesting post
67 posted on 04/13/2006 3:58:33 PM PDT by Beckwith (The liberal media has picked sides and they've sided with the Jihadists.)
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To: Carolinamom

Whose car was she in? How did she get to the convenience store? This whole story has an incredible number of holes. It reminds me of the finger in the Wendy's salad - without the finger!!


68 posted on 04/13/2006 3:59:24 PM PDT by bjc (Check the data!!)
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To: cdga5for4
Nancy Grace will say that she was drinking to mask the pain of being raped.

Could any woman be more evil and vicious looking than Nancy Grace? I think her fiance probably got off lucky!

69 posted on 04/13/2006 4:00:05 PM PDT by AlexandriaDuke (Conservatives want freedom. Republicans want power.)
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To: bjc

The original story was that she was in a shopper's car. The story went that someone walked out of the store and the accuser was in their car. They had to go to the security guard to get her out.


70 posted on 04/13/2006 4:01:03 PM PDT by cdga5for4
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To: bjc

As I understand it, she was in Kim's car. There seems to be 1 versions of how she got there: rode off w/Kim from the house...or Kim saw her wandering in the street toward Kroger's and picked her up. The 1sr seems more probable, but who knows?


71 posted on 04/13/2006 4:02:15 PM PDT by Carolinamom (Daily legal immigrant to FreeRepublic.com)
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To: Shermy
"He could have said "she looks like she's in shock" and been just as correct."

Or if she looks like she is passed out drunk ... there is a bit of sloppiness when drunk that is very different than someone curled up in a fetal position because they are traumatized and in shock.

How can anyone not there say the officer might have meant she looked like she was in shock when she was sprawled out drunk.

I would trust he said what he saw.
72 posted on 04/13/2006 4:02:17 PM PDT by JSteff
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To: ghost of nixon
There has been no official word, however, on whether Nifong intends to present the allegations Monday. His next opportunity would come two weeks later.

The best political strategy is if he waits for the next convening of the grand jury -- which apparently falls conveniently on May 1st, the day before the Democratic primary.

73 posted on 04/13/2006 4:02:54 PM PDT by FoxInSocks
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To: calex59
What if the rapist(s) was the ones to get her drugged or drunk, and even if she did it on her own how does that make it not rape?

The defense has time/date stamped evidence that she arrived at the party already drunk and with injuries.

74 posted on 04/13/2006 4:03:03 PM PDT by Peach
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To: cdga5for4
She got disrespected by the guys. I'm sure that's what most of this is about. She showed up drunk and not at all what they were expecting and they started to make fun of her, call her names, etc. She wanted revenge because she got "disrespected."

If she showed up as an intoxicated skank, she probably didn't get paid either, which would be further motivation.

If she showed up high AND beaten up, I would give a good probability to her having traded "favors" for drugs, gotten into a fight with the dealer after partaking of the drugs, and then gone to her assignment

75 posted on 04/13/2006 4:03:22 PM PDT by SauronOfMordor (A planned society is most appealing to those with the hubris to think they will be the planners)
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To: SauronOfMordor

Where does the boyfriend fit in all of this? He's the one that supposedly took her to the hospital.


76 posted on 04/13/2006 4:04:24 PM PDT by cdga5for4
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To: Bloody Sam Roberts
Which is why if this goes to trial, any testimony by this officer about the plaintiff's state of intoxication will likely be inadmissable. I know I'd move to have it excluded if I were the prosecutor.

Not true. Testimony would be admissible. If there was no blood test on the woman, the failure to conduct one must be construed in favor of any player who might be indicted.

77 posted on 04/13/2006 4:04:48 PM PDT by connectthedots
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To: ghost of nixon

Sounds like the prosti... er... dancer was accosted by Jack Daniels, Jim Beam and Johnnie Walker.


78 posted on 04/13/2006 4:07:50 PM PDT by infidel29 ("We are all born ignorant, but one must work hard to remain stupid." --Benjamin Franklin)
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To: bill1952
I still haven't gotten over the wonder of a male college lacrosse team. :^)

Care to elaborate? It's a pretty tough sport from what I hear.

79 posted on 04/13/2006 4:09:10 PM PDT by hinckley buzzard
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To: hinckley buzzard

soccer is supposed to be, as well.


80 posted on 04/13/2006 4:10:26 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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