Skip to comments.DA: Alleged Duke Rape Took 5-10 Minutes
Posted on 09/22/2006 1:20:40 PM PDT by Howlin
Three Duke lacrosse players took five to 10 minutes to sexually assault a woman hired to perform as a stripper at a team party, and not the 30 minutes she originally described to investigators, a prosecutor said Friday. "When something happens to you that is really awful, it can seem like it takes place longer than it actually takes," District Attorney Mike Nifong said.
Nifong's comments came as Superior Court Judge W. Osmond Smith III denied a defense request that prosecutors provide a detailed accounting of the alleged assault, including the exact time, place and type of sexual act the accuser said each defendant committed.
A grand jury has indicted three lacrosse players _ Reade Seligmann, 20; Collin Finnerty, 19; and David Evans, 23 _ on charges of rape, kidnapping and sexual offense. The accuser, a student at nearby North Carolina Central University, told police she was raped in a bathroom by three men at a March 13 off-campus party. Defense attorneys have strongly proclaimed the players' innocence.
Kirk Osborn, who represents Seligmann, said the defense needed the "bill of particulars" because the accuser has told several different versions of the alleged assault, and his client has a right to know which version prosecutors will present at trial. In search and arrest warrants issued early in the investigation, police stated the accuser told investigators she was assaulted for 30 minutes.
Nifong said he is not required to state the exact time of the alleged attack, but offered that authorities believe it took place between 11:30 p.m. on March 13, when the accuser arrived at the party, and 12:55 a.m. on March 14, when police arrived and found no one at the house.
Friday's hearing was the first since Smith was appointed to take over the case, and it was scheduled to continue Friday afternoon.
Before the hearing began, Nifong gave defense lawyers 615 pages of evidence, a compact disc and a cassette tape. He said it included much of what was requested by defense lawyers, who had asked for handwritten notes from police officers involved with the case, reports outlining procedures used at the labs that tested the DNA of the players and notes from a mental health facility where police took the accuser after the party.
Defense: Nifong moving too slowly
Updated: 9/22/2006 11:49:49 AM
By: Associated Press
DURHAM -- Lawyers representing three former Duke lacrosse players charged with rape complained again Friday about the slow pace with which they said prosecutors are sharing evidence.
"There is a pattern that has developed ... that we don't get discovery unless a court date is set and we're here before a judge," said defense attorney Brad Bannon, who represents defendant David Evans.
Just before Friday's previously scheduled hearing, District Attorney Mike Nifong gave defense lawyers 615 pages of evidence, a compact disc and a cassette tape. Prosecution evidence must be shared with the defense under North Carolina's discovery laws.
Nifong said the evidence provided Friday included much of what was requested by defense lawyers, who had asked for handwritten notes from police officers involved with the case, reports outlining procedures used at the labs who tested the DNA of the players and notes from a mental health facility where police took the accuser after a March 13 lacrosse team party where she was hired to perform as a stripper.
The woman, a student at nearby North Carolina Central University, later told police she was raped in a bathroom by three men at the off-campus party.
Nifong responded by telling Superior Court Judge W. Osmond Smith III that he is now personally handling discovery issues in his office.
"We're providing in good faith what we can in these circumstances," Nifong said. "Despite the feelings of some people, this is not the only case in Durham."
Evans, who has graduated from Duke, and underclassmen Reade Seligmann and Collin Finnerty were indicted on charges of rape, kidnapping and sexual offense. Defense attorneys have strongly proclaimed their clients' innocence.
This story has changed so many times...
It has to change to fit the evidence.
Google links to various articles posted about this:
Depends on the meaning of what "raped" is.
Depends on the meaning of what "minutes" is.
I see that Evans has graduated. Do you know if he has been able to get a job and try to start living a post-grad life? Hard, I know, with this hanging over your head.
discussion coming up on court tv @ bottom of hour.
he's changing the women's testimony now ??
I feel this way every time I listen to Mike Nifong speak :O)
After all, it's just sex. /s
Is it just me, or does this sound nuts to you, too? "You're accused of ... doing something ... but we won't tell you what!"
I'm praying that the defense attorneys have some more timed receipts that will slewer Nifong's latest time scenario. Crystal, no doubt, had a stop watch. 8)
Smith told the defense they could refile the motion for a Bill of Particulars later.
Just when you thought the case couldn't get stupider. Nifongery strikes again.
I don't see how that helps, especially.
slewer = skewer
Pinocchio Nifong speaks again.
They can't win based on the facts, so they are attempting to change the facts.
Nifong said he ONLY gave 15 interviews. LOL
I don't think Smith's decision today on the BOP was mechanical. I think it was just an effort by Smith to give the DA a temporary win. Politically, Smith cannot turn this thing around 180 degrees in one hearing. The proper PR has to be put in place before he can do that. It's coming. Remember, this has ALWAYS been a trial by media. And it always will be...
But if Nifong tells them, they will provide evidence to prove otherwise. Then he will have to start all over again.
I'm not a lawyer and I don't play one on tv..but I don't see where nifong is going with this..he can't go to trial..the defense would rip the "victim" apart with her holes in her story and past accusations..is the da hoping the players will accept a plea bargain??..maybe someone with a law degree can splain this to me..
Oh, I see. Thanks for the further details; I haven't been following this situation that closely.
Now that response goes straight to the heart of the matter!
Beth Karas courttv:
Nifong's poll motion was taken up this afternoon. Defense submitted to judge sealed package of poll questions.
What? The first DAY? LOL. What a maroon.
It took lots of practice with their legal coach on how to win over a jury.
Next hearing date Oct 20
Nifong and Fitz, perfect together. Evil people undermining the respect for the justice system in this country.
Nifong has said that the accuser WILL take the stand. I want to see these defense attorneys expose her lies in open court. And I don't care a whiff that she will most likely turn on the tears in a further effort to act the victim...of them.
If there is any justice in this case, Nifong will at the very least lose his license to practice.
It depends on the meaning of interview, of course. He is taking out appearences, candidate forums etc. in his count I bet. The Dims all learned well from Clinton which is why they are a permanent minority.
She has to take the stand. The only "evidence" of this non-rape is her say so. There is nothing else.
Bingo. Now its three rapes in a five to ten minute span of time.
Nifong is hoping to stir up enough dust between now and the November election to keep his base behind him. This has and always will be about keeping Nifong in the DA's office.
You know that's why Nifong won't give the exact times.
Just like he demonstrated HOW she was held from behind, remember?
He was wrong about that, too.
What did CTV have to say??
CTV's Beth Karas questioned Nifong in the court room about arraignments. Said accused won't be arraigned until closer to trial in case they want to enter a PLEA.
It sounded crazy to me; why aren't the entitled to know exactly what they are accused of?
This travesty could have happened to anyone.
nifong's poll motion was discussed. judge given copy of questions from defense team. sked for next hearing 10/20
Well, we all know that oral sex is not sex because clinton said so, and Nifong will just have to drop one of those charges. /s
When did he say that??
Hell, he's probably still hoping one of them will come forward "with the truth" about what really happened.
I'm like you; why is he driving this train off a cliff?