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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: jiggyboy

Send me a ping. I'll be right over!


741 posted on 04/21/2006 11:56:12 AM PDT by Howlin
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To: pepperhead
" The case against the two accused players could fall apart before trial."

If they show the accuser was 100% certain that someone demonstrably innocent was one of her attackers, you can stick a fork in her. She is done. Any further in-court identifications by her would be suppressed as tainted by viewing all the pictures of the Lacrosse team members during the prior lineup. The judge would have no choice but to throw out subsequent in-court identifications. The only possible way the prosecution could salvage the case after that would be a DNA match.

Even a DNA match might not salvage it if the jury does not believe the accuser when she says it was rape. The defendants could still get up and argue it was consensual or sex for pay.
742 posted on 04/21/2006 11:56:26 AM PDT by Law is not justice but process
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To: bonfire

Where HAVE you been? We've been missing you!


743 posted on 04/21/2006 11:56:55 AM PDT by Howlin
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To: PleaseNoMore

Bless you for "translating" that!


744 posted on 04/21/2006 11:57:47 AM PDT by Howlin
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To: Perdogg

Boy Howlin-you called that one correctly.


745 posted on 04/21/2006 11:58:12 AM PDT by sissyjane (Don't be stuck on stupid!)
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To: NeonKnight

Humiliation has a cost don't you know. ;)


746 posted on 04/21/2006 11:58:44 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Shelayne
Wish someone would post a picture of her hair before the alleged rape and after the alleged rape.

And you're right, if you're bombed....you just take off both shoes (according to my best recollection of that evening long, long ago).

747 posted on 04/21/2006 11:59:00 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Howlin

http://www.wral.com/index.html

On the right


748 posted on 04/21/2006 11:59:04 AM PDT by GAgal
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To: panthermom

I have wondered why there are so many pictures....

Not just of the short show, mind you--but pictures of her leaving, of her being put in the car. Perhaps some of those pictures were taken because one of the 2 made a threat.

The defense has put alot out there. Stategery?
Maybe there is more they have not put out. If there is a video-maybe, just maybe it has something on it that exposes the strippers.

Drip, Drip, Drip and when the time is right, the damn breaks.


749 posted on 04/21/2006 11:59:57 AM PDT by Protect the Bill of Rights (GOP, The Other France)
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To: Law is not justice but process
The defendants could still get up and argue it was consensual or sex for pay.

Why would these boys want to do that. They have steadfastly maintained NOTHING sexual happened between any of them and this woman. Changing thei stories to consensual sex would doom them.

750 posted on 04/21/2006 11:59:57 AM PDT by PleaseNoMore
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To: Jay Gould
Just what they have gotten so far. Humiliation but nothing else.

Wrong.

Do you think Jesse Jackson is going to pay their tuition this semester? their lawyer bills? And what about their reputations?

751 posted on 04/21/2006 11:59:57 AM PDT by ladyjane
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To: Howlin

Shep babbling something about a secret witness. The jerdge will be on to discuss...


752 posted on 04/21/2006 12:00:12 PM PDT by abb (Because News Reporting is too important to be left to the Journalists.)
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To: Howlin

You're welcome :O)


753 posted on 04/21/2006 12:00:37 PM PDT by PleaseNoMore
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To: Howlin


>>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. :-)<<

Works for me too, but I never thought I'd see the day when I agreed with Michael Cardoza. He used to make me so mad during the Peterson trial.



754 posted on 04/21/2006 12:01:11 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: Howlin

Lots of family stuff going on. Death, illness, surgeries, college. etc. etc. Been trying to catch up on all the news!


755 posted on 04/21/2006 12:01:12 PM PDT by bonfire
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To: Law is not justice but process
The defendants could still get up and argue it was consensual or sex for pay.

Or even using the same bathroom. She admits to being in the b.r. with Kim as a 2nd witness to that. In the very same b.r. where 40 players are milling about and drinking beer. (Gotta go). I'd say the odds of finding some lacrosse DNA on the ole' toilet seat is 100%.

756 posted on 04/21/2006 12:01:57 PM PDT by Swanks
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To: Protect the Bill of Rights

>>Me too! Me too!

2000 rocks, LOL!<,

Woo--Hoo!!



757 posted on 04/21/2006 12:03:01 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: Law is not justice but process
Even a DNA match might not salvage it if the jury does not believe the accuser when she says it was rape. The defendants could still get up and argue it was consensual or sex for pay.

There is no possible way that after denying passionately for over a month that they even touched her that they could turn around and say they had consensual sex with her and be believed. If they had sex with her, they would have said so by now and put up a consensual sex defense, given her limited at best creditability they would have a good shot at the jury believing them.

758 posted on 04/21/2006 12:03:07 PM PDT by LWalk18
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To: Neverforget01
Look for a May 1 surprise from the D.A..

Of course the indictment of the third guy. Maybe this time they'll indict someone who was actually at the party.
Nifong is knee deep in the big muddy, like the song says: "and the big fool says press on."
759 posted on 04/21/2006 12:04:23 PM PDT by don'tbedenied ( D)
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To: GallopingGhost

I hope you're being facetious.
I don't think anyone who did not make the slur should be humiliated.
That's why I'm curious to know IF it happened and, if so, who made it.
There has been no response on this from anyone on the team or they're lawyers.
You would think, that with this being a racially charge incident, someone would say.
"My client made no racial slurs" or "My client heard no racial slurs"
No one is responding to this at all.


760 posted on 04/21/2006 12:04:54 PM PDT by Jay Gould
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