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2nd Duke party dancer now questions doubts about accuser
Daily Comet & AP ^ | April 21, 2006 | ALLEN G. BREED

Posted on 04/21/2006 12:56:01 AM PDT by OakOak

Edited on 04/21/2006 2:52:00 AM PDT by Admin Moderator. [history]

At first, a stripper who performed at a Duke University lacrosse team party doubted the story of a colleague who told police she was dragged into a bathroom and raped.

Now, Kim Roberts isn't so sure.

"I was not in the bathroom when it happened, so I can't say a rape occurred - and I never will," Roberts told The Associated Press Thursday in her first on-the-record interview. But after watching defense attorneys release photos of the accuser, and upset by the leaking of both dancers' criminal pasts, she said she has to "wonder about their character."

"In all honesty, I think they're guilty," she said. "And I can't say which ones are guilty ... but somebody did something besides underage drinking. That's my honest-to-God impression."

Attorneys for the 46 players have aggressively proclaimed the players' innocence, citing DNA tests during a public campaign that has included describing and releasing photos from the party.

Those photos, the defense maintains, show the accuser was both injured and impaired when she arrived, and also support the claim that one of the two players who has been indicted would not have had enough time to participate in any assault before he left the party. The district attorney has said he also hopes to charge a third suspect in the case.

The attorneys claim Roberts at first told a member of the defense team that she did not believe the accuser's allegations. They say she has changed her story to gain favorable treatment in a criminal case against her. They note she also e-mailed a New York public relations firm, asking in her letter for advice on "how to spin this to my advantage."

"We believe ... her story has been motivated by her own self-interest," said attorney Bill Thomas, who represents one of the uncharged players. "I think that a jury will ultimately have to decide the question of her credibility."

Roberts, 31, was arrested on March 22 - eight days after the party - on a probation violation from a 2001 conviction for embezzling $25,000 from a photofinishing company in Durham where she was a payroll specialist, according to documents obtained by the AP.

On Monday, the same day a grand jury indicted lacrosse players Reade Seligmann and Collin Finnerty, a judge agreed to a change so that Roberts would no longer have to pay a 15 percent fee to a bonding agent. District Attorney Mike Nifong signed a document saying he would not oppose the change.

"It seems she is receiving very favorable financial treatment for what she is now saying," Thomas said.

Mark Simeon, Roberts' attorney, said the bond conditions were changed because Roberts is not considered a flight risk. Nifong, who hasn't spoken with reporters about the case in weeks, didn't return a call seeking comment.

Roberts' testimony could be vital during any trial of the two sophomores, indicted on charges of first-degree rape, sexual offense and kidnapping.

Other than lacrosse players and the accuser, a 27-year-old student at a nearby university, Roberts is believed to be the only other person at the March 13 party.

Roberts said Thursday she does not remember Seligmann's face, but said she recalls seeing Finnerty - whom she described as the "little skinny one."

"I was looking him right in the eyes," she said.

Although she would not talk extensively about the party, she confirmed some of what the other dancer told police - including that the women initially left the party after one of the players threatened to sodomize the women with a broomstick.

The players' attorneys have said their clients were angry and demanded a refund when the women stopped dancing, but Roberts disputed that.

"They ripped themselves off when they started hollering about a broomstick," she said.

The accuser told police that the women 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 raped, beaten and choked for a half hour.

Later, 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.

Roberts then drove the accuser - whom she reportedly had just met that night - to a grocery store and asked a security guard to call 911. The accuser was described later by a police officer as "just passed-out drunk."

The defense timeline is backed up by a cab driver who said Seligmann called for a ride at 12:14 a.m., and was picked up five minutes later. The defense argues that if the dancers were performing around midnight, Seligmann would not have had enough time to participate in the 30-minute assault described by the accuser.

The cabbie, Moez Mostafa, also said he saw a woman leaving the party in anger, and overheard someone say, "She just a stripper. She's going to call the police."

"She looked, like, mad," he said of the woman. "In her face, the way she walked, the way she talked, she looked like mad."

On Thursday, authorities released warrants detailing their search earlier this week of Finnerty's dorm room. Seized during the search were a newspaper article and an envelope addressed to Finnerty.

Also Thursday, 5W Public Relations, a New York firm that specializes in "crisis communication," distributed an e-mail signed "The 2nd Dancer," and Roberts confirmed she sent it after learning the AP knew her identity.

"I've found myself in the center of one of the biggest stories in the country," she wrote. "I'm worried about letting this opportunity pass me by without making the best of it and was wondering if you had any advice as to how to spin this to my advantage."

Ronn Torossian, 5W's president, said he replied, but got no response.

"If this person is indeed who they say they are, I would be happy to speak with her," said Torossian, whose firm has represented the likes of Sean "Diddy" Combs, Ice Cube and Lil' Kim.

Roberts, like the accuser a divorced single mother who is black, took umbrage at the notion that she should not try to make something out of her experience. She's worried that once her name and criminal record are public, no one will want to hire her.

"Why shouldn't I profit from it?" she asked. "I didn't ask to be in this position ... I would like to feed my daughter."

Roberts is bracing for an all-out attack, but said she's almost past caring.

"Don't forget that they called me a damn n####," she said. "She (the accuser) was passed out in the car. She doesn't know what she was called. I was called that. I can never forget that."


BLOCKBUSTER !! KIM's a GEM !!

Roberts, 31, was arrested on March 22 - eight days after the party - on a probation violation from a 2001 conviction for embezzling $25,000 from a photofinishing company in Durham where she was a payroll specialist, according to documents obtained by the AP.


TOPICS: Local News
KEYWORDS: da; dancer; duke; dukelax; durham; lacrosse; lax; rape
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To: Law is not justice but process
And no wonder she is emailing a NY PR firm looking for the best way to spin this into a good opportunity for herself.

We'll see her in the National Enquirer.

701 posted on 04/21/2006 11:41:12 AM PDT by Mrs.Liberty
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To: Mrs.Liberty
A racial slur is worse than a rape....

The things we are learning, huh?

702 posted on 04/21/2006 11:41:52 AM PDT by Howlin
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To: Jay Gould

So you think making a racial slur is a crime, punishable by humiliation?

Also, alot lot of people believe these young men have, so far, received much more than humiliation.


703 posted on 04/21/2006 11:41:58 AM PDT by Crawdad (So the guy says to the doctor, "It hurts when I do this.")
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To: Neverforget01
Howlin, did you say (or was it someone else) that some of the families weren't too happy that so much of the defense was being aired?

Well I could see how the rest of the families would not be so happy about the defense being aired. The case against the two accused players could fall apart before trial. And that would leave the rest of the team as the next targets in the witch hunt. But if it was me or someone related to me I would want to end this before it ever got in front of a jury.

704 posted on 04/21/2006 11:42:01 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Jay Gould
And would you be similarly upset if she had first said to them "you have tiny little honky d*cks" or some such racial insult?
705 posted on 04/21/2006 11:42:13 AM PDT by Locomotive Breath (In the shuffling madness)
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To: PleaseNoMore

Wow, where'd you get that????


706 posted on 04/21/2006 11:43:02 AM PDT by Howlin
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To: Howlin

I'm telling you...the more I read, the more I wonder about the human race.


707 posted on 04/21/2006 11:43:08 AM PDT by Mrs.Liberty
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To: Perdogg
"To obtain the identification, Durham police showed the woman a photo array that included only photos of the 46 lacrosse team members, sources said. The woman said she was 100 percent certain that Finnerty and Seligmann were involved and 90 percent certain that a third player was involved."

Well, she sure could not have picked anyone but a Lacrosse player, could she? I still cannot believe they could have done something so stupid. It just can't be. Any rookie police officer straight out of the Academy knows better than that.

It just can't be!
708 posted on 04/21/2006 11:43:23 AM PDT by Law is not justice but process
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To: pepperhead
I think they're figuring that the first jury is the people of Durham in the election. Think of it as a referendum on Nifong's performance. After that, I think the defense will shut up, but in the meanwhile they're countering the media spin favorable to the "poor victim".
709 posted on 04/21/2006 11:45:24 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Perdogg

Oh brother. He is just in a crap load of trouble.

BTW, Michael Cardoza is on Fox right now, saying that for all intents and purposes, Kim Roberts is done as a witness for the prosecution because from today forward everybody will be saying "Is she saying that to enhance her payday."


Works for me. :-)


710 posted on 04/21/2006 11:45:28 AM PDT by Howlin
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To: Mrs.Liberty

" We'll see her in the National Enquirer"

Why settle for the NE when she could get CBS, NBC, ABC, MSNBC, CNN, or FOX? At a media circus, always sell yourself to the highest bidder.


711 posted on 04/21/2006 11:46:09 AM PDT by Law is not justice but process
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To: Howlin

Nifong will say it wasn't his fault that May 1 is the day the grand jury meets ... and spits out its next victim.


712 posted on 04/21/2006 11:46:21 AM PDT by GAgal
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To: Law is not justice but process

She'll end up on "The Surreal Life" or somesuch show.


713 posted on 04/21/2006 11:46:42 AM PDT by dfwgator (Florida Gators - 2006 NCAA Men's Basketball Champions)
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To: Jay Gould

They have had to pay for lawyers too. They are still paying for lawyers. There is a little more than humiliation going on here.


714 posted on 04/21/2006 11:46:51 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: demkicker

No, I do not think there is was a rape. I try to look at each new story and factor it in, but I still do NOT understand why she would try to get back in that house to get her shoe if she had been raped.

And I still think that first 911 call stinks to high heaven.


715 posted on 04/21/2006 11:47:08 AM PDT by Howlin
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To: pepperhead
But if it was me or someone related to me I would want to end this before it ever got in front of a jury.

Oh me too! BUT we are seeing two very different strategies..the Seligmanns being aggressive and the Finnertys being reticent. We'll see which works.

716 posted on 04/21/2006 11:47:39 AM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Law is not justice but process
"To obtain the identification, Durham police showed the woman a photo array that included only photos of the 46 lacrosse team members, sources said. The woman said she was 100 percent certain that Finnerty and Seligmann were involved and 90 percent certain that a third player was involved."

Sounds to me (if my legal expertise, gained from hundreds of episodes of Law and Order, is solid), the defense can have these identifications thrown out--don't the police have to have other non suspects in the lineup? Or does this not pertain to photo lineup/ids?

717 posted on 04/21/2006 11:47:54 AM PDT by Mrs.Liberty
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To: Howlin

Can you tell me something; is it standard policy to call 911 after a racial slur?



I've never been called what she, allegedly was called.
( by a white person anyway )
Neither myself or anyone I know has ever had that said to our face in a malicious way.
Its extremely rare, so when it happens you know its serious.

Got to get back to work. Glad to hear your thoughts.



718 posted on 04/21/2006 11:48:26 AM PDT by Jay Gould
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To: All

Oh yeah and they got kicked out of school. Just a little more deserving humiliation for them.


719 posted on 04/21/2006 11:49:22 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead

I agree with you.


720 posted on 04/21/2006 11:49:56 AM PDT by Howlin
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