Posted on 04/09/2006 5:16:52 PM PDT by wagglebee
DURHAM, N.C. (AP) - Time-stamped photographs will show an exotic dancer was already injured and "very impaired" when she arrived at a party where she claims she was raped by members of Duke University's men's lacrosse team, an attorney for one of the players said Sunday.
Durham attorney Bill Thomas said some of the photographs, taken when she arrived at the house, indicate the woman was injured before getting to the party March 13. They show extensive bruises and scrapes on her legs, especially around the knees, he said.
"This young lady was substantially impaired. She had fallen several times during the course of the evening," Thomas said.
He declined to identify the player he represents and said he would not release the photos, taken by at least two cameras, until pending DNA tests are completed.
He also wouldn't say whether the photos were taken by a lacrosse team member or someone else; court documents have indicated that only team members were present at the party.
No one has been charged in the case, but the allegations that members of the nearly all-white team raped the woman, a black student at a nearby university, have rocked both Duke and Durham.
The allegations have led to the resignation of coach Mike Pressler, the cancellation of the lacrosse season and the suspension of one player from school.
Several dozen people gathered Sunday outside the house where the party took place, and pledged to return each Sunday until the case is resolved.
"Whether I want to believe it, or whether you want to believe it, something took place in there," said Johnny Williamson, 36, of Durham. "Something indecent took place."
District Attorney Mike Nifong, who was expected to return this week from an out-of-town conference and has not commented on the case in the past several days, has said previously he is confident a rape occurred. Court documents said a medical exam of the alleged victim found injuries consistent with sexual assault.
The victim has not returned repeated messages seeking comment, but her father said Sunday she hasn't changed her story.
"I expect them to say that," he said of the lawyers' contentions his daughter is lying.
The woman and the other dancer arrived separately, Thomas said, and performed briefly before leaving. The victim told police she and the other dancer left because they feared for their safety, but were later convinced to come back inside.
Thomas said the photos contradict the alleged victim's assertion she was scared, as they show her standing at the door of the off-campus house with "a major grin on her face" as she tried to get back inside.
"People inside the house have stated she was banging on the door, attempting to regain entry," Thomas said.
The woman told police she was pulled into a bathroom and assaulted after coming back into the house. But Thomas said the woman locked herself in the bathroom, where police later found her purse, cell phone, and several artificial fingernails she claimed to have lost during a struggle with her attackers.
Thomas said one of the attorneys representing team members had interviewed the other dancer extensively, and she said the alleged victim never told her about a rape.
"All of these statements you've heard ... about this brutal assault, rape, kidnapping and robbery which occurred, I believe that the public will soon be able to learn the truth, and that these allegations are totally false and without merit," Thomas said.
Both the team's captains and attorneys for team members have said the DNA tests, which may be completed this week, will prove the allegation are false. The players' attorneys also have raised other questions about the allegations, saying e-mails written in the hours after the alleged attack will help prove the players' claims that nothing happened that night.
Attorneys also have raised suspicions about a 911 call, made shortly after the alleged attack would have occurred, from a black woman who claimed someone at the party shouted racial slurs at her and a friend. The caller alternatively told police the pair were driving and walking past the house. Thomas said Sunday he and other attorneys believe the second dancer at the party made the call.
"These young men have been absolutely vilified in the press," Thomas said. "I think this week we will go a long ways toward clearing these young men's names. I can assure you that this has been a nightmare for each and every one of them."
OakOak is right, in that link OakOak gave in post 128, it is stated that it was 31 hours before she provided any details to police. And that still sends my BS meter into the red.
I hate to sound naive but if the DNA source is not seman how will they ever prove beyond a reasonable doubt a rape happened ?
By Greta Van Susteren
We have been covering the allegation that members of the Duke University lacrosse team sexually assaulted a woman that they had hired to dance at their party. In case I forget to say it each night or run out of time when we cover the story, let me say it here:
1) The mere fact that an allegation of rape is made is not proof that a crime or rape was committed.
2) We should now refer to the woman as an accuser and not a victim since we don't yet know if her complaint is a true one or not; if she is lying in her allegation, she is not a victim (the people she falsely accuses are the victims.) If she is truthful about the assault, she is the victim, but it is premature for us to make that determination.
3) Injuries are often a significant sign that the sex was not consensual, but it is not always proof beyond a reasonable doubt; there may be other explanations for injuries. The injuries could have been inflicted later by someone else, self-inflicted, inflicted at another time, etc. Also, the location of the injuries of the body might have some bearing on the investigation.
4) The absence of injuries is NOT proof rape did not occur. Rape is sex against one's will and often women will submit to the act and not fight it to avoid being physically hurt beyond the rape.
5) A prompt report of rape can be significant, but a late report or no report is not evidence a rape did not occur. Many women don't report rape due to shame or take a long time to report it since they are embarrassed and need to decide whether to report it or not. The crime of rape is the most underreported violent crime.
7) In this case if DNA/semen is present, that will identify who had sex with her. It will not determine if the crime of rape has occurred. Obviously with consensual sex without a condom there is semen present.
The bottom line is this: Each case's facts must be carefully examined. You must also look at the facts from many different directions not just through your own eyes with your own biases. We all have biases, but you have to put on the breaks, step back and look at the information available carefully so as not to reach the wrong opinion. I have no idea if rape occurred or not. You should not "know" yet either, since there is so little information.
Now for some e-mails. Incidentally, most of my e-mails still are about Natalee Holloway's disappearance:
How do you know this? She owned a car...her father said she'd brought it by and said she didn't want to drive it for a few days. Had her license been revoked?
It's "only" 11% when you compare it to Durham, which is ridiculous. Duke is a national school, the national black population is 13%. 11% is pretty close to that, and better than a lot of other schools. That's not even going into the number of Asians, around 20% or Hispanics, around 6%. So-called lily white Duke is less than two-thirds white. How many whites go to NCCU while Durham is half white?
I went to Duke with some of the athletes, and the racial climate was fine. People got around well for the most part, certainly not any less than in other colleges.
I got the impression these guys are not going to take much crap off Nifong.
Lemme guess, Nifong is a dim ? He sounds a tad bit like a knee-jerk reactionary as opposed to reasonable professional amd has publically painted himself into a corner.
I'm glad the defense attorneys are not impressed, IMO, this story seemed fishy from the start.
And even if there is, given this woman's line of work, it could have come from anywhere.
It is very obvious that this is a case where the prosecutor wants to convict the ENTIRE team in the public arena before he even establishes that there has been a crime.
Well, she did have a DWI along with the attempted running down of the officer, and so her license may have been suspended. I would assume she could get it back by now since her probation was terminated and her case closed, but the NC records were checked and did not show a license. She does have a car with an active license plate.
Attachment for Application for Search Warrant
On 3/14 at 1:22 a.m. Durham City Police Officers were called to Kroger on Hillsborough Road. The victim reported to the officers that she had been sexually assaulted at 610 North Buchanan Blvd... More
The victim was treaded and evaluated at Duke University Medical Center Emergency Room shortly after the attack took place. A Forensic Sexual Assaut Nurse (Sane) and Physician conducted the examination....More
Thanks for doing such a great job on this story. I'm really surprised there has been no news on the DNA yet. Are they just having a blast torturing these kids?
I heard on that horrible FOX program the other night a detective talking about "other DNA" like saliva, hair ..something..Since everyone seemed to use the bathroom how good would any of that DNA be unless it was on the accuser? Someone else questioned why there hadn't been a lineup..excellent question.
Keep in mind that OakOak is on a personal mission.
The DNA test results have not been released, which could prove innocence or guilt.
An attempt to run down a police officer surely is a felony where there is no need to offer a plea. How come she received no jail time?
The DA should be back now, and he does have to give the boys' attorneys the results....sometime.
Is he required to release it to the attorneys immediately, or do they have to demand it? One of them has already said that HE would release the info when he got it.
Why is this lawyer still defending the players? They've already had the trial.
Please provide summary. Can't watch video where I am.
If DA decides to not press charges does he have to provide DNA to players? It seems to me that would be the discovery phase of a trial.
Because she's a struggling mother of two who made a bad choice. She's the victim not the cop she tried to run down. One sidelight is that cops tend to not be too sympathetic with attempted cop killers. I wonder how cooperative the cops are with the DA in this case? The Durham PD is probably not a big fan of the lax team but I'll bet no laxers have tried to kill cops.
Whatever happens, count on Duke to turn 610 N. Buchanan Blvd. into the "Womens' Sexual Assault Resource/Crisis Center".
But this particular DA imo cannot now afford to back down....he's committed by his own words to prosecute, no matter what...and not so incidentally, he's up for re-election in the next few weeks.
He's bound to string it along...even if the his 'case' comes crashing down around his ears...until after the election.
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