Posted on 04/11/2007 7:46:54 AM PDT by Howlin
RALEIGH, N.C. — Three members of Duke University's lacrosse team could learn Wednesday whether state prosecutors will drop the remaining charges accusing them of sexually assaulting a stripper at a team party more than a year ago.
"I think it's likely that they will do that," said Wade Smith, an attorney for charged player Collin Finnerty. "We certainly hope that would be true. But until we hear it, we're not going to acknowledge that's the truth. We'll wait and see."
The state Attorney General's Office has scheduled a 2:30 p.m. news conference to discuss the case. It is unclear whether Attorney General Roy Cooper will be at the news conference at the RBC Center, which can accommodate the crush of national media interested in the case.
The Associated Press, citing sources close to the investigation, reported Wednesday morning that all charges would be dropped in the case.
The Attorney General's Office took over the case in January after Durham County District Attorney Mike Nifong was charged with several ethics violations tied to his handling of the sensational case.
No notice of dismissal had been filed at the Durham County Courthouse by early Wednesday. But a spokeswoman for the Attorney General's Office told WRAL that the investigation into the case has been completed.
"We are relieved that this day has come,” Smith told WRAL. “There will not be a celebration because this has been a train wreck.”
The families of Collin Finnerty, Reade Seligmann and David Evans arrived in Raleigh Tuesday. Officials told WRAL that the three lacrosse players would be present once a decision had been made as to how the prosecution would proceed with the case.
A grand jury indicted the three players on charges of rape, kidnapping and sexual offense last spring after a woman told police she was assaulted at a March 2006 team party where she was hired to perform as a stripper. All three have steadfastly maintained their innocence, with Evans calling the allegations "fantastic lies."
Nifong dropped the rape charges in December after the accuser changed a key detail in her story. He recused himself a few weeks later after the state bar charged him with violating several rules of professional conduct.
Among the ethics charges, Nifong is accused of withholding potentially exculpatory DNA evidence from the defense and lying to both the court and bar investigators. Nifong faces a June trial before the bar and could be disbarred if convicted.
Nifong faces a Friday afternoon hearing in the ethics case, and he spent Wednesday morning with his attorney in Winston-Salem.
Nifong's recusal put the players' fate in the hands of Cooper, who promised "a fresh and thorough review of the facts" when he took over the case in January.
Smith said the players, their families and the defense attorneys were pleased that the special prosecutors took over the case, saying they brought "sanity to this situation."
“The special prosecutors have looked under every rock, and they have searched for evidence in places even the defense did not,” he told WRAL.
While Evans graduated the day before he was indicted in May, Duke temporarily suspended sophomores Finnerty and Seligmann in the wake of their arrest. Finnerty was also convicted in July in an unrelated assault case in Washington, D.C., and sentenced to six months of probation.
Finnerty and Seligmann were both invited to return to campus, but neither has accepted. John Danowski, the former coach at Hofstra who took over the Duke program last summer, has also said that both are welcome to continue their lacrosse careers with the Blue Devils
He just referred to Nyfong as a “rogue prosecutor”
Yeah...don’t they read Free Republic LOL
He said “rogue prosecutor”! Wow!!
“ROUGE PROSECUTOR!”
What a day for news, eh?
Thank GOD for this decision.
I want to say better late than never...but it’s really not. It should NEVER have come to it...
He’s really nailing Nifong now..”rogue prosecutor”...
4PM I believe
Absolutely!
NC bar association is looking at Nifong.
I can’t hear the questions, can you?
I was not expecting that.
All the talking heads said he would never say they were innocent!
Ooooh, he just used the term “rogue prosecutor.” Daaaaayum.
Interesting that he would not apologize (which is correct IMO), but he said “a lot of people owe a lot of apologies to other people, and we think they should think about giving them” or some such.
Of course, second question asked is “well, these guys could retain high-powered lawyers, what about the po folks?”
}:-)4
I heard 4PM
N.C. needs to take a hard look at how they indict people.
Interesting. They are probably afraid of a law suit.
WHERE IS THE REV AL??? LOOK AT THE OLD THREADS OF HIS COMMENTS ABOUT THIS CASE!
HE SHOULD APOLOGIZE AND STEP DOWN FROM WHATEVER JOB HE HAS.
THESE YOUNG MEN DIDN’T JUST GET THEIR FEELINGS HURT. THEY WERE CRIMINALY CHARGED.
What a great press conference.
He’s going to publish a complete summary next week; we can read to our heart’s content! I’m thrilled!
I’m so totally happy about this. It’s been a long time coming, but well worth the wait.
Your office must be cheering!!!
I’m not near a TV but it sounds like everything the young men and their families could hope for- has he mentioned anything about possible criminal charges against Mangum? I know that Nifong has a lot of sleepless nights ahead.
She should be charged with lying or falsifying.... shoudln’t she???
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