Posted on 04/19/2006 9:33:10 PM PDT by Howlin
(04/19/06 - DURHAM) - An attorney for one of two Duke University lacrosse players charged with raping a stripper at a team party on Wednesday strongly rejected any sort of deal with prosecutors, proclaiming again his client's innocence.
Cotter represents Collin Finnerty, who along with fellow sophomore Reade Seligmann was indicted Monday on charges of first-degree rape, sexual offense and kidnapping. Each posted $400,000 bond after their pre-dawn arrests early Tuesday, and both were released within hours.
School officials have declined to say whether it plans to discipline either of the players, although they have noted the university has historically suspended students charged with a felony.
Cotter said Wednesday that Finnerty, of Garden City, N.Y., has left Durham, although he wouldn't say where he went. Attorney Kirk Obsborn, representing Seligmann, of Essex Fells, N.J., declined to say whether his client has been suspended.
Seligmann and his father spent much of Wednesday working from the law office of attorney Robert Ekstrand, who represents dozens of uncharged lacrosse players.
District Attorney Mike Nifong, who has not granted interviews in weeks and said Tuesday he planned to make no comments about the case outside the courtroom, has said he still hopes to link a third man to the alleged attack.
He did not return calls Wednesday seeking comment about that effort, or about searches by Durham police Tuesday night of Seligmann's and Finnerty's dorm rooms.
Warrants authorizing the searches had not been returned to the court clerk's or magistrate's office by Wednesday evening.
"I can imagine they never quit investigating, but I think it's unusual to be executing search warrants after they've indicted," Cotter said.
Defense attorneys have said they have time-stamped photos from the party, bank records, cell phone calls and a taxi driver's statement to support Seligmann's claim of innocence.
A person close to the case told The Associated Press on Wednesday that the cell phone records show Seligmann called for a taxi at 12:14 a.m., and that according to sworn testimony he left in the taxi at 12:19 a.m.
The bank records show he stopped at an ATM five minutes later, the person added, while information provided by Duke shows he swiped an ID card to enter his dorm at 12:46 a.m.
A member of the defense team, who also spoke on condition of anonymity because the defense is working with players who could still be indicted, showed photos to the AP on Wednesday that show the accuser on the back porch of the off-campus house, with her clothing intact. She is smiling and looking through her purse.
The defense team member said the digital photos were taken at 12:30 a.m., citing an electronic time-stamp known as metadata. Such time-stamps are not visible on the photos. They are created, though, when digital photos are taken.
The accuser, a 27-year-old student at a nearby college, told police she was attacked by three white men at a house where she and another woman were hired to dance at a lacrosse team party. According to defense attorneys, DNA tests conducted on all the players failed to connect any of the team members to the alleged rape.
"I would have to say she is definitely making it up," Cotter said.
Nifong has ordered additional DNA testing, which was originally performed at the state crime lab. Cotter said he believes those results should be "back any minute."
Ekstrand said the defense has also not yet received a report from authorities about any photo identifications of suspects made by the accuser. "I think we're entitled to the report of the identification procedure, and the results of the photo identifications she did," he said.
The allegations of rape led Duke to cancel the highly ranked lacrosse team's season, accept the resignation of the team's coach and begin a series of internal investigations, including one into the behavior of the lacrosse team.
More on the taxi driver ...
Cabbie: Indicted Duke Player Acted Normal
POSTED: 8:58 am EDT April 20, 2006
UPDATED: 9:10 am EDT April 20, 2006
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DURHAM, N.C. -- A cab driver who took a Duke University lacrosse player home from a team party says his passenger, now charged with raping an exotic dancer, seemed calm and even jovial that night. But the driver said a second passenger he picked up later was talking about a stripper.
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Moez Mostafa said the second passenger spoke about the stripper in a tone that made it "look to me like somebody get hurt."
Defense attorneys have said they have time-stamped photos from the party, bank records, cell phone calls and a taxi driver's statement to support Reade Seligmann's claim that he is innocent of raping the woman on the night of March 13.
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A person close to the case told The Associated Press on condition of anonymity Wednesday that the cell phone records show Seligmann called for a taxi at 12:14 a.m., and that according to sworn testimony he left in the taxi at 12:19 a.m.
The bank records show he stopped at an ATM five minutes later, the person added, while information provided by Duke shows Seligmann's ID card was used to enter his dorm at 12:46 a.m.
Mostafa declined to speak to The Associated Press on Wednesday but confirmed to other media outlets that he picked up Seligmann and another passenger at 12:19 a.m., took them to a bank and a drive-through hamburger stand, then dropped them off at a Duke dormitory.
"They were just joking and laughing inside my car and everything just fine," Mostafa said in accented English in an interview broadcast Thursday on ABC's "Good Morning America."
In an interview on MSNBC, Mostafa said he returned to the house later to pick up another customer. He said he remembered that person "said in a loud voice, 'She just a stripper."'
Asked whether the second fare was complaining about the stripper or whether it appeared something bad had happened to her, Mostafa initially said he didn't "have any information about what was going on in the house."
"When I look back, he look like he mad at the stripper. Or the stripper, she going to call the police and she just a stripper. ... It look to me like somebody get hurt. But what kind of harm, ... I have no idea."
The accuser, a 27-year-old student from a nearby college, told police she was attacked by three men at a house where she and another woman were hired to dance at a lacrosse team party on March 13. According to defense attorneys, DNA tests conducted on the team's players failed to connect any of them to the alleged rape.
Seligmann and fellow sophomore Collin Finnerty were indicted Monday on charges of first-degree rape, sexual offense and kidnapping. Each posted $400,000 bond Tuesday and was released.
Mostafa said he didn't realize his first customers had anything to do with the case until an attorney telephoned him a week or so ago. He told the Herald-Sun of Durham that he was initially reluctant to talk but changed his mind after a visit from Seligmann's father.
"I didn't want to get involved, but when his father came and said it was a really serious situation, I talked to them," he told the newspaper.
He said he was confident he remembered the episode correctly, not so much because the passengers paid $25 for an $18 cab ride but "because I wait for them a long time and they make my car smell, that's the only reason I have that in my mind."
He said he was sure he recognized Seligmann, though he didn't know the other passenger.
"Yeah, I know (Seligmann's) face that time and I recognize him and I still remember his face," Mostafa told MSNBC.
http://www.nbc17.com/news/8850213/detail.html
"Watch a movie sometime, then stop it in midframe. The "expression" caught at that particular instant, might look a lot different than the expression that was actually being conveyed- or at least, that's what the prosecution might argue."
In a trial, he who sets the agenda wins. In a criminal trial, there is a tipping point where the prosecutor has to spend so much trial time and effort to rebut defense arguments and theories that the jury will not convict. I am not talking about the B.S. unwitnessed alibi or the the police set-me up argument that can be responded to with a roll of the eyes. When, as a prosecutor, you have to start arguing to a jury and perhaps present expert testimony that a smile in a photo isn't really a smile (and somebody could have used the accused's ATM card, cell phone and dorm card and a person might call for a cab and, while he is waiting for the cab, decide to and then rape the victim and not keep the cab waiting) you are in trouble.
That tells you everything you need to know about the media. Every story they report reflects their agenda. They aren't journalists, they are advocates - and always for the wrong side.
Thanks for the links. The comments to the "nothing makes sense anymore" editorial were very interesting, but what blew me away was the third link. That's some double standard at Syracuse.
Which is why news reporting is too important to be left to journalists....
One thing about the ATM - there WILL be photographic evidence of whomever used the card (they all have cameras). Either it will back up the alibi or blow it to hell. No in between.
With the taxi's time sheets and tel. numbers right in front of them last night, Rita Cosby asked the cab driver at least 5 or 6 times..."You're SURE?" and the cab driver kept saying "Yes, 100%."
I bet the National Enquirer would be more truthful and less biased than the MSM.
The difference between the party habits of the basketball team and the party habits of the lacrosse team is that the basketball team gets a pass from the press. Coach K is a little bit more on the ball as far as protecting his players also. I don't think Pressler (the LAX coach) ever has seen fit to get up at 3am and run down to the campus police station to pick up his star 3-point shooter before.
Besides, why would you're son want to ruin any chance to become an NBA star?
The woman "Smiling" is consistent with the girl with her at same party having no idea it ever happened. And that girl placing a phone call and reporting - I'm not hurt in anyway.
Fresh fingernail polish on the accused is also not consistent with her account of being scared and upset by the comments the team was making. Who applies fingernail polish when they fear for their safety?
Taken collectively with all the other consistencies ..
I've never seen a case with so many holes.
Reasonable doubt was exceeded a long time ago.
And don't forget, they also had time to paint her nails :-) Or she had time to paint them before the faux rape occurred.
Tha reminds me of the old joke from the 80's:
Q: How do you keep Michael Jordan under 30 points?
A: Have him play for Dean Smith.
NE is too busy reporting on celebrity baby-makers.
Please don't make me go edit that thing!
I like your attitude though.
No need to edit it; it's perfect.
Well, shaking down the players for $800 with threats of their pimps after NOT dancing for the agreed upon time might be illegal. ;-)
I know Coach K runs a very tight ship and basketball generates gazillions of $$$$ for Duke, however, the true colors of the administration, faculty and community are exposed. Male, white, athlete= guilt
Do you know if all search warrants have been unsealed concerning the players? I remember earlier articles stating the search of a second house occupied by two duke lacrosse players.
There is a receipt and the cabby testimony, I will go out on a limb and say there is a video.
Also, he called the cab at 12:04am. So this guy called a cab, made some cell calls and was raping a girl.
yea
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