Duke Lacrosse Players Arrested to Face Rape Charges

Fox News ^ | 4/18/06

[mathprof]

Two Duke University lacrosse players were arrested early Tuesday on charges of rape, sexual offense and kidnapping, FOX News has confirmed.

Reade Seligmann and Collin Finnerty, both 20 years old, were being held on $400,000 bond each. Seligmann had posted bond by 7:30 a.m. and Finnerty was in the process of doing so. By posting bond, the players avoid making an initial court appearance later Tuesday.

District Attorney Mike Nifong said authorities are still trying to identify a third assailant.

[antiRepublicrat]

But in this case, if the DA had been presented with alibi evidence and ignored it, he might have a problem. It's one thing to present a clear prima facie case; it's another to ignore exculpatory evidence.

As much as I have read of NC law, it appears that the prosecutor has pretty much free reign. He can call whatever witnesses wants, or not, and show or not show any evidence. For example, I believe it is entirely possible that the grand jury didn't know her injuries happened before the alleged incident, or that the DNA tests came back negative. He just has to hope no jurors get smart and ask to hear certain witnesses they think would help.

[b4its2late]

The old saying in Pennsylvania was that the DA could get the Grand Jury to indict a ham sandwich.

I was on a grand jury a few years ago. I think out of all the cases we did that month, including DWI's, there was only one case that we didn't let go to trial. So yes, it's easy to get indictments IMHO. You're only hearing one side.

[antiRepublicrat]

I also heard that DNA of two of the players was found on a towel in the bathroom.

Oh my God, they must have washed their hands and dried them on the towel after taking a leak! How horrible!

Innocent until proven guilty.

[antiRepublicrat]

A lot of drug abusers take hypnotics as a drug of choice.

Curt Cobain of Nirvana, for example.

[nikos1121]

Are you sure about that?

[nikos1121]

This whole thing stinks. Purely political. I wouldn't be surprised if one or both of the boys were not even at the party.

[Verginius Rufus]

Neufang may mean "new catch" or "new trap."

[somerville]

News reports said there was a DNA match (semen) on the bathroom towels.

[mlc9852]

Yuck!

[RegulatorCountry]

Might be the root for "newfangled" in rural American slang, too.

[txroadkill]

Fox News now reporting that at least one and possible both suspects charged in the case were not at the party, according to defense attorneys.

[RegulatorCountry]

"News reports said there was a DNA match (semen) on the bathroom towels."

And were there any vaginal secretions from the alleged victim on same?

[Verginius Rufus]

I guess the accuser may have to look at the pictures again and pick out two other students.

[Howlin]

No. Her DNA was not found in the bathroom at all.

The DNA match was one of the boys who lives there -- you know, one of the ones not charged...LOL.

[Howlin]

It does not match either of the boys charged.

[Howlin]

And there was also a report of a positive test result for a date rape drug.

No.

[RegulatorCountry]

"The DNA match was one of the boys who lives there -- you know, one of the ones not charged...LOL."

It really is looking more and more as if Nifong just wants to keep the ball rolling until May 2nd, after which he'll want the whole thing will fall apart and fade to obscurity.

[nikos1121]

I didn't see any news report saying that there was DNA found. Also this was on FOX NEWS:

"A source close to the case told FOX News that there are credit card receipts, ATM receipts and/or taxi cab receipts that may establish that one or both of the accused players were not at the off-campus Durham house in which the alleged rape took place at the time of the alleged attack."

[Howlin]

I also heard that DNA of two of the players was found on a towel in the bathroom.

No. It was one. And it wasn't either of these two guys.

[Cheburashka]

I wonder why the names are different than the three names that the stripper originally claimed: Adam, Bret, and Matt...
---
To be fair, if a hypothetical trio of would-be rapists were to introduce themselves to their victim, they would be unlikely to use their real names.
But without DNA evidence the esteemed DA will have a hard time proving a case.
And just because they used to be able to get convictions in the past before DNA testing doesn't mean you can now. Once the technique is there you're always going to have to explain why it doesn't provide evidence in this case.
I don't know if the woman was raped. If she was I hope she gets justice.
But this whole thing stinks to high heaven as a manufactured case being used for political purposes.