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Nifong dismisses rape charges

Dec 22, 2006 : 2:20 pm ET

DURHAM -- District Attorney Mike Nifong dismissed first-degree rape charges against three former Duke University lacrosse players Friday, but he let stand accusations that they kidnapped an exotic dancer and committed a first-degree sex offense against her during an off-campus party in March.

Nifong had no comment on the development, which caused many legal observers to further question the accuser's already embattled credibility.

In court paperwork, Nifong said the dismissal resulted from an interview that his investigator, Linwood Wilson, conducted with the dancer on Thursday.

The alleged victim told Wilson that "while she initially believed that she had been vaginally penetrated by a male sex organ," she was no longer certain that a penis was used, Nifong wrote.

As a result, "the state is unable to meet its burden of proof with respect to this offense," he said.

Penetration by a penis is necessary to convict someone of first-degree rape.

But under the law, the three suspects -- Collin Finnerty, Reade Seligmann and David Evans -- still could be convicted of committing a first-degree sex offense if jurors believed they used a finger or other item to vaginally penetrate the woman against her will. They also could be convicted of first-degree kidnapping if they restrained the dancer in a bathroom during the alleged assault, as she said they did.

The suspects are free under $100,000 bonds as they await a trial that is expected to occur next year.

Defense attorneys have asked that the trial be moved to another county because of massive local, national and even international publicity that, they said, might make it impossible to find an impartial jury in Durham.

http://www.heraldsun.com/durham/4-802013.cfm