Lawyer: Woman Came to Duke Party Injured

My Way News ^ | 4/9/06 | SAMUEL SPIES/AP

[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."

[devolve]

I had heard that weirdo's ex-wife had gone to FNC.

Without Google I figured Kimberly Gilfoyle was the Newsom's ex.

Obviously she traveled with a very strange crowd.

Any (alleged) woman who would be associated with Gavin Newsom - nuch less marry him - has got to be lacking in brains, judgement, ethics, and morality.

She is the type that uses her sex to get away with attacking men - and most likely other women.

The more I watched her on FNC the more her face changed - that mouth gets bigger and more poisonous every minute.

I am usually someone who does instantly dislikes anyone - Kimberly is the exception.

I now swap DiercTV channels whenever her face shows up on FNC - she turns my stomach.

[SirJohnBarleycorn]

See this quote reported in the News & Observer:
http://www.newsobserver.com/1185/story/426635.html

/excerpt
Nifong, who this week has granted no interviews, made his case on national television. This week, defense lawyers began making theirs.

"I've never seen a case being tried so early, and based on such inconclusive evidence, being tried in the media," Pete Anderson, a Charlotte lawyer representing one player, said Friday.

Defense attorneys say Nifong's media blitz forces them to respond before charges have been filed.

/snip

Nifong, asked a week ago about news coverage of the case, said, "Having said something other than 'no comment' in the first place, it's kind of like going into Iraq.

"It's not a question of if you're right to go in there. It's a question of is it right to leave things a mess at this point in time?"

/end excerpt




From his quote about Iraq, he seems to realize he created a big mess by talking about some of the evidence in public in the first place.

[crabapple joe]

Note: Swaggering is not an offense in North Carolina

LOL over and over again...can you imagine the media talking about a group of black players accused of a crime as "swaggering" in a negative sense. LOL again!

[Cowboy Bob]

I would not be surprised if Gilfoyle ends up badly and tragically one day.

If Fox is smart, they will dump this moron (Gilfoyle) ASAP. I just happened to catch a few minutes of her show last week. Five minutes was all I could stomach - I thought I was watching CNN. She is an embarrassment.

[lfod1776]

I think the President of Duke University should resign, but I doubt that he will.

[connectthedots]

There's a clause, it basicly makes it very hard to sue "City Hall" It's called sovereign immunity. I doubt he can be sued personally (you'd have to prove forethought and intentional malice), rather the municipality would be liable then you run into sovereign immunity.

You do not understand defamation law. Don't think this guy has vroseed the line, yet; but he was getting close to it.

It is a lot easier to sue city hall than you think. Cities have no immunity for defamation or civil rights claims.

[I got the rope]

Why did the coach resign...are these guys not all adults?

[Verginius Rufus]

If the DA has to drop the charges and doesn't get re-elected, maybe he can get himself hired on by Patrick Fitzgerald.

[OakOak]

Guys,

I just checked the wire and the tide has turned. I think the News Media can't keep this under wraps any longer and they know it. It started Friday morning when Drudge posted an article from a small local website (WRAL) detailing the woman's criminal record. The media had know it for weeks, but no one would print it. WRAL did it on the web-site only and I submitted it as a Tip to Drudge (probably a lot of others did too). I tried to get Drudge to do something earlier, but he didn't do it until WRAL came out with it.

I predict this week the Media (seeing the writing on the wall) will try to get on the right side of this story. Last week, I heard a Radio interview with Rita Cosby (she was at Duke) where she said she had looked into the young woman's eyes and she had listened to her Father and without coming right out and saying it .. she was saying that something terrible happened in there that night.

They have a lot of work to do to be able to say they were objective, so I think you'll finally see some speculation, in the media, of alternative ways that the woman was injured and finally, some discussion of her possible motives.

.

[cyborg]

I feel sorry for her soul. Stripping and hustling isn't all the glamour that hollyweird makes it out to be.

[IamHD]

I would first like to tell you, welcome to FR! :) You really are "in the know" with this case, and it's a pleasure to read your posts.

If it turns out to be true that both of these women have lied about this "alleged" rape, I pray that both are arrested. I also hope that the lax players sue them for restitution, if that's possible, for possibly branding them as rapists forever. Stripper Crystal knows all about restitution and if she has to pay for the rest of her life, so be it. What the media, Kimberly G., the PA, and everyone else involved have done is dispicable. I can't stand the talking heads, and NG and KG are the worst.

[OakOak]

You know more than I ... I am aware of other types of actions - such as police brutality, where sovereign immunity severely limits action against the town or city.

If you say defamation is different, GREAT! These guys have been criticized more in the press than the players in the 911
attack. They've been attacked more than Saddam Hussein, as far the media goes.

.

[OakOak]

Thank you. Good learning for you all.

It's a busy week coming up and I won't be on-line..

Signing off

[luv2ski]

I am very suspicious of the DA- Nifong. Not only is he running for reelection but this happened in January (very embarrassing): from WRAL
Durham DA Blames His Office For Mistaken Dismissal Of Child Rape Case

District Attorney Insists Error Will Not Affect Case's Prosecution

POSTED: 4:31 pm EST January 16, 2006
UPDATED: 7:40 pm EST January 16, 2006
DURHAM, N.C. -- Durham County's district attorney says a clerical error is to blame for charges against an accused child rapist being dismissed by his office.
In February 2004, police arrested and charged Norman Brooks in the alleged molestation and rape of Bobby Parker's young daughter. But in September 2005, the charges against Brooks were dropped and the case was dismissed.
"This is clearly the fault of this office," said Durham County District Attorney Mike Nifong.
The case was originally assigned to Assistant District Attorney Tracey Cline, who was also handling another case against Brooks that was considered to be much weaker than the sexual abuse case. The district attorney's office was planning to drop the weaker of the two cases.
"In the course of entering the dismissal, inadvertently the wrong number was placed on the dismissal," Nifong said.
Then, Cline went on medical leave, and Parker was told that his daughter's case would be reassigned to Assistant District Attorney Jan Paul.
But when Parker called Paul last week, he said she told him that she was not aware of the case.
"I was like, 'Did you lose the file? Why don't you know anything about the case?' I just couldn't understand," Parker said.
Nifong said Paul had been assigned to many cases, but Parker's daughter's case was not one of them.
"Unfortunately, we made a second mistake," Nifong said.
Nifong, however, insists the mistakes will not affect the prosecution of the case. It has since been assigned a new prosecutor and Nifong assures WRAL that it will go before the grand jury for indictment on Tuesday.
Still, Parker has little faith left and wonders if his daughter's case will ever make it to court.
"It's my job to protect her and take care of her and I was thinking the district attorney's office was going to do their job, too," he said.
As for his daughter, Parker said she has been in therapy and is doing well.

[devolve]

Greta never gets whacky like Kimberly Gilfoyle does -

Greta probes and digs and stays on a topic endlessly - but questions and does not insert libelous charges into guests mouths or slander people a few seconds after a story breaks -

I have no idea what FNC was thinking by even considering her - yellow journalism at it's worst - and turning off much of FNC audience now

Where is her producer and why is he/she (SF!) not fired by now?

[luv2ski]

Also- very good source of factual and sensible discussion of the case from the Duke Conservative Union:

http://dukenewsense.com/blog/dcu.html

[IamHD]

Don't ask me why, but Kimberly reminds me of Joan Rivers in a bizarre way. LOL She's VERY loud and obnoxious as all getout.

[Brian Allen]

In addition to being delusional, having no idea how a lady behaves -- or rather does not -- and wouldn't know one if she drove into into your trailer park by mistake, you also are quite obviously illiterate.

I defended no-one.

[Krankor]

I believe the primary is on May 2. Whoever wins the primary, wins in the general election. I have a sneaking suspicion Nifong has realized his rape case is quickly collapsing. I think he's going to try to ride this out until the primary. He's already said he probably won't publicly release the DNA results. I have a feeling he might even try to prevent releasing the results to the defense attorneys. I think he's going to start concentrating more on other aspects of the case- make it known he's going to throw the book at the lacrosse players for every possible infraction- underage drinking, contributing to the deliquency of a minor, serving liquor without a license, maybe some kind of hate crime charges.

[potlatch]

Looks like I've been missing much of the news as I'm not familiar with Kimberly Gilfoyle. I'll keep an eye out now.