Posted on 04/18/2006 3:26:57 AM PDT by Mad-Margaret
DURHAM -- A day after a grand jury indicted two Duke University lacrosse players in connection with a reported rape, two men emerged from a sheriff's deputy vehicle and were led, handcuffed, into the magistrates office at the Durham County Jail at 4:54 a.m. today.
The arrests stem from a party that began March 13. The accuser, who is a mother of two, an N.C. Central University student and an escort service dancer, told police March 14 that she was sexually assaulted by three men in a bathroom at an off-campus house shared by three lacrosse team captains. The accuser is black; she said her rapists were white.
Defense lawyers said players maintained that there was no sex at all. They said the accuser concocted the story, that she was drunk and injured late March 13 when she arrived at the three-bedroom house at 610 N. Buchanan Blvd.
"... Two young men have been charged with crimes they did not commit. This is a tragedy," Bob Ekstrand, who represents team players, said Monday in a prepared statement. "For the two young men, an ordeal lies ahead. They do not face it alone; they face it with the love of family and friends and strengthened by the truth. They are both innocent."
Superior Court Judge Ronald Stephens sealed a manila envelope containing the indictments shortly after the grand jury finished its business Monday. The judge cited a state law that requires everyone involved in a case, including witnesses, to keep the indictment secret until a suspect is arrested.
Last month, a judge ordered DNA tests on the team's 46 white players; he excluded the only black team member. The players' attorneys say the tests showed none of the players' genetic material on or in the woman.
Nifong, bolstered by a medical exam that found injuries on the woman consistent with sexual assault, says he is confident that she was assaulted in the university-owned house. Nifong said last week at a forum at NCCU that the accuser identified at least one of her attackers.
Until Sunday night, the only other witness, the second woman hired to dance at the party, had remained silent. In television interviews, she told her story.
The woman's attorney, Mark Simeon of Durham, declined Monday to make her available for an interview. She spoke on the MSNBC cable news network, which did not identify her and showed her in silhouette. Simeon confirmed that it was his client on MSNBC.
The woman told MSNBC that she did not witness a rape and does not know whether one occurred.
The woman said she arrived thinking that she would be dancing at a bachelor party of 15 people. She was not expecting a party of lacrosse players, many of whom she said were in a drunken stupor. The woman said she was infuriated to learn that some players photographed her dancing.
The accuser did not appear to be on drugs or to have been drinking when she arrived, the second dancer said. She was "absolutely fine and in control of herself."
When the accuser left, less than an hour after she arrived, she was incoherent and stumbling, the second dancer said.
"She couldn't really walk on her own," the woman said. "She really couldn't get her thoughts together enough to answer any questions. ... She was a different person than I met at the beginning."
The second woman said she was the person who called 911 as the party was breaking up, to complain that some lacrosse players had used racial slurs. "The boys hollered the 'N' word," she said. "I was upset and called 911."
She said she pretended to be a passer-by because she didn't want people in her life to know about her job as an escort service dancer.
It is unclear how that woman's story would affect the case. Players' attorneys have said she would only help them. By day's end Monday, Nifong left without talking to reporters; it remains unclear what evidence he has.
Throughout Monday, there were many more reporters on the sixth floor of the courthouse than the 18 members of the grand jury panel. Reporters tracked the district attorney's movements in minute detail. Just after noon, Nifong emerged from his office and walked across the hallway to the bathroom.
Reporters surrounded the bathroom door in a crowd that included five television cameras, three still photographers, sound men with boom microphones and at least a dozen print reporters. At the sound of flushing, the group tensed, raised cameras and prepared. Nifong did not emerge with news.
"I no longer get to go anywhere in my community without people knowing who I am," said Nifong, who faces two challengers in a primary election May 2. Staff writer Anne Blythe can be reached at 932-8741 or ablythe@newsobserver.com.
That is a good defense opening statement...
Actually, what the police did by sending a fake email was in violation of the law in many states.
Wait a minute, the girl is accusing 3 players out of 46!!! Up until today the cloud of suspicion was over ALL OF THEM. The damned the ENTIRE team, I can understand why the dad is upset.
Thank you, maggie. You've been great providing links.
"The DA admits they have no DNA. None. DNA isn't just semen. It's hair, saliva, etc. There is no evidence of a condom being used. There is no DNA. I don't know how to make it any clearer."
Ok, then I'll defer to you since you seem to know what all the evidence is that the DA has.
The defense attorneys are going to have a field day with the contradicting statements from Kim, the accuser's father, the promise of DNA by the DA and then zip. Nada. LOL
Where have I claimed to know what evidence the DA has? I'll wait while you show me.
What I've said, in response to posts about DNA, is that the DA himself admits he doesn't have ANY. I don't know what part of that you don't understand.
Are there any photographs showing her being given a drink that may have been drugged?
The timeframe for all of this just doesn't fit.
As some have pointed out, rapes have been prosecuted for centuries without DNA evidence. However, the logic in this argument is totally invalid. The fact that science was unable to test for DNA evidence, didn't mean that it wasn't present. Even with a condom, there is going to be some DNA evidence (pubic hairs, etc.).
That's right, mystery. She identified the boys last week. 3 weeks after the incident.
I was just asking a question about where you got information that the pills found in the search warrant were definitely hers. I looked up the search warrant and it had pills listed with the other things recovered belonging to her and the occupants of the house, but the pills were not identified as being hers or theirs. If their was a report stating otherwise, I haven't seen it but there is no need to get smart with me because I asked a question.
I haven't heard that any photographs show her being given a drink.
I concur with what you've said about DNA. Also, the mantra that 80% of rape cases in this country are tried without DNA doesn't ring true. Also, many women go home and shower and change clothes and wait several days.
This woman went from the party to a car to the hospital.
What I'd like to know is who is going to restore the reputation of these guys if they are found to be innocent (as it seems they might be due to conflicting stories, lack of evidence and credibility issues concerning the accuser)
Huh? What words are messed up?
The father admits there's no DNA.
http://transcripts.cnn.com/TRANSCRIPTS/0604/17/ng.01.html
GRACE: You said that the night the DNA results came out, she cried all night.
TRAVIS: She said she cried all night long. She couldn`t believe it.
GRACE: What is she saying about the fact there was no DNA?
TRAVIS: Well, she felt like they thought that she was lying. And she just couldn`t take it.
The IRS did it to me yesterday.
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The timing of that comment spot on! This thread needed that.......... LOL
I agree; this is a travesty for those families.
Also, the defense attorneys tried to show the DA the photographic evidence and he refused to look at it.
Sounds just like a liberal doesn't it? Doesn't want the facts to get in the way of his opinion.
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