Nifong reportedly asks to be taken off Duke case

[Brent]

Some of the lesser charges like kidnapping remain though.

The Associated Press reports a defense attorney says prosecutors have dismissed rape charges against three Duke University lacrosse players, but charges of kidnapping and sexual offense still stand.

[brunota2003]

Yep...just heard that come across the wires

[brunota2003]

DURHAM, N.C. - Prosecutors dropped rape charges Friday against three Duke University lacrosse players accused of attacking a stripper at a team party, but the three still face kidnapping and sexual offense charges, a defense attorney said.

Joseph Cheshire and attorneys for the other players have said for months the woman told several different versions of the alleged assault.

Cheshire said Friday that the accuser now says she does not know if she was penetrated, which he said led District Attorney Mike Nifong to dismiss the rape charges.

Nifong did not immediately return calls seeking comment.

The accuser, a 28-year-old student at North Carolina Central University, has said three men raped her in a bathroom at a March 13 team party where she was hired to perform as a stripper.

The players — Dave Evans, Collin Finnerty and Reade Seligmann — all say they are innocent.

Source: http://news.yahoo.com/s/ap/20061222/ap_ ... e_lacrosse

So, she doesnt know what happend? First you say they raped you, then you claim you dont remember? hmmm...something seems fishy to me...just heard a person on Fox News state "If she doesnt remember being raped, then how is she going to remember being kidnapped?"

[fwbbreeze]

Since the initial findings in this story it has been blatently obvious things just didnt add up. If it ends up where no wrongdoing occurred, I feel certain someone owes thes men an apology and perhaps more for the character assination they have been subjected too.

fwbbreeze

[Brent]

Since the initial findings in this story it has been blatently obvious things just didnt add up. If it ends up where no wrongdoing occurred, I feel certain someone owes thes men an apology and perhaps more for the character assination they have been subjected too.

fwbbreeze

I agree... and I hope they sue the DA when this is over.

[gtalum]

Now when will the DA be charged with malicious prosecution and conspiracy?

[sunny]

charges of kidnapping and sexual offense still stand - hmmmmm

[Brent]

charges of kidnapping and sexual offense still stand - hmmmmm

Yeah, and look at the timing. The Friday before Christmas? The DA obviously wanted to bury the news.

[Lindaloo]

There was NO DNA linking them to the accusations. All charges should be dropped.

[Brent]

There was NO DNA linking them to the accusations. All charges should be dropped.

I completely agree, and I'm not exactly sure why they all weren't dropped.

WHOA... this press conference going on right now is very explicit.

[JenBayles]

So now it's "kidnapping"?! This DA just HAS to get some kind of charge in, huh? Someone correct me if I read this wrong, but I seem to recall reading a recent story that sthe woman in question gave birth a couple weeks ago, putting the timing of fertizilation about the time of the March party, and she refused DNA testing....

Based only on what I've gleaned from the press, this "victim" is completely unreliable, unbelievable and seems to be looking only for fame and someone else's money to support her and her illegitimate child. I am not naive enough to believe that Frat Rats are little angels, but this whole case just STINKS. <holds nose>

[Lindaloo]

Not to mention, she changed her story again saying she had no recollection of forced sex.

This woman has destroyed 4 lives and for what? lies! The prosecutor needs to drop the other charges and now to save what is left of his reputation.

[lurkey]

So now it's "kidnapping"?! This DA just HAS to get some kind of charge in, huh? Someone correct me if I read this wrong, but I seem to recall reading a recent story that sthe woman in question gave birth a couple weeks ago, putting the timing of fertizilation about the time of the March party, and she refused DNA testing....

Based only on what I've gleaned from the press, this "victim" is completely unreliable, unbelievable and seems to be looking only for fame and someone else's money to support her and her illegitimate child. I am not naive enough to believe that Frat Rats are little angels, but this whole case just STINKS. <holds nose>

WRAL intitially received the wrong information from their source. She is pregnant, but she isn't due until February. She may have refused DNA testing (for paternity??), but the defense lawyers have requested that the court order paternity tests done and court has granted that request. Here is the link to the story

Also, here is link to complete local coverage

Ironically, the dropping of the charges comes after one of the local papers (News & Observer) has dropped its support of Nifong.

[x-y-no]

There needs to be a serious investigation into prosecutorial misconduct in this case.

[lurkey]

There needs to be a serious investigation into prosecutorial misconduct in this case.

I agree, but it will have come at the federal level, because it won't come from the state of North Carolina.

[JQ Public]

I can't believe she had 5 different peoples dna in her underwear. gross!

[Lindaloo]

I can't believe she had 5 different peoples dna in her underwear. gross!

That would mean she is a what? Nothing but nasty!

[lurkey]

There needs to be a serious investigation into prosecutorial misconduct in this case.

I agree, but it will have come at the federal level, because it won't come from the state of North Carolina.

I feel I need to expand on this a bit --- The reason the state won't look into this is b/c they apparently don't have jurisdiction. Prosecutial misconduct falls under the purview of the State Bar Assocation of NC, not the Attorney General of NC(though there are efforts now to change that). Also, the Justice Dept (federal) can investigate cases of prosecutial misconduct if it violates federal statutes.


ETA 5:45 pm EST:
North Carolina Bar Files Charges Against Duke D.A.

[lurkey]

Duke Invites Lacrosse Defendants to Return

Posted: Today at 1:50 p.m.
Updated: 10 minutes ago

Durham — Two defendants in the Duke lacrosse case have been invited to return to Duke University as students in good standing, according to one's mother and the other's attorney.

But Maryellen Finnerty told WRAL's Julia Lewis that her son, Collin Finnerty, 20, of Garden City, N.Y., has not decided whether he will immediately return to Duke.

Finnerty and Reade Seligmann, 20, of Essex Fells, N.J., were indicted on charges of first-degree rape, first-degree sexual assault and first-degree kidnapping in April in connection with allegations that they raped an exotic dancer at a team party in March.

Both were barred from attending class last semester while their case made its way through court.

“We have decided that the right and fair thing to do is to welcome back Reade Seligmann and Collin Finnerty to resume their studies at Duke for the spring semester," Duke University President Richard Brodhead said in a written statement released Wednesday afternoon. "Although the students still face serious charges and larger issues require Duke’s collective attention, the circumstances in this case have changed substantially, and it is appropriate that the students have an opportunity to continue their education.”

Seligmann's attorney, James Cooney III, said that Seligmann and his parents are considering their options regarding Duke's offer.

"We are also glad that Duke University has now made it clear that Reade is welcome to return to the university and look forward to the day that he can return to living a normal life and continuing his education as a full-time student," the Seligmann family said in a statement.

[lurkey]

Duke Lacrosse Accuser Gives Birth

Chapel Hill — WRAL has confirmed that the accuser in the Duke lacrosse case gave birth at UNC Hospitals on Wednesday.

Sources tell WRAL the woman had the baby by Cesarean section. She was not due until February.

The 28-year-old alleges she was attacked by three Duke University lacrosse players -- David Evans, 20, Collin Finnerty, 20, and Reade Seligmann, 20 -- at a March 13 team party.

A judge has ordered a paternity test although prosecutors and defense attorneys have said the child was not fathered by any of the players.

In December, rape charges against the three men were dropped. They still face kidnapping and sexual offense charges.

At the time of the alleged incident, the woman, a divorced mother of two, had worked for an escort service to help support her children and to pay for classes at North Carolina Central University.