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
heh heh
I’m shocked. He must not have known. LOL.
Good Morning-checking in from rainey California. I hope the false accuser is called such by the attorney General, but I won’t hold my breath.
WRAL has live afternoon coverage.
The team will hold a press conference at 7.
The players and their parents will speak at 4 p.m.
And the Duke lacrosse coach will hold a news conference sometime today from his new college.
We’re gonna hear some good stuff today!
Megan Kendall said that Nifong is in his office. Maybe she was wrong....
Looks like my day has been decided. LOL. Can’t wait!
Thanks for the info!
You know he’s crawled into a hole somewhere like the worm he is.
WRAL just said he’s in Winston-Salem, meeting with his attorneys for his hearing on Friday.
Yep, they should sue Mangum UNLESS she recants, apologizes and a agrees to accept liability if he tries to yet again recant her recantation.
I was referring to the burden being lifted off the boys. Once that’s over they can seek vengeance. And hopefully justice will find Fong. But right now I just want them to be able to breathe. And none of that can happen until this part of the case is over.
Absolutely. And I think they should go after any profit she attempts to make off “her” story.
I hope the rat-***tard gets the book thrown at him.
Question please..”charges being dropped” does that mean the same thing as expunged? IOW, later on, if they are asked, for example, on an employment application, or a background check.....”Have you ever been arrested?”..what are they legally required to say?
Thanks for the clarification :)
In my State the players would be entitled to seek an expungement. There were indictments, but no prosecution to trial. If there was a finding that the charges should never have been filed, the expungement would be available. I don’t know about the law in NC.
We had a really nice girl in the office here from NC Central yesterday. One of the girls here asked her if the campus was in an uproar over the LAX stuff, or if it really a hot topic. She said "Naw. Nobody is talking about that. Is something about to happen on it or something? That girl should have just kept her mouth shut."
About as clear a statement from the black community in Durham as you could ask for. They, like we, just wish this thing could be put to rest.
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