Just keeps getting better: Duke hooker did 4 guys and plowed her bean with a vibrator

[Bootlegged]

prior to the party.


http://www.postchronicle.com/news/br...21222455.shtml

Duke Rape Case: Conflicts Over Truth Grow
by Mike Baron
Jun 9, 2006


With a difficult decisison facing him in light of new evidence from the Duke Rape Case defenders, District Attorney may find himself facing the possibility that charges will have to be dropped.
In a case the continues on its high-wire act through charge after charge, the latest move is a new court filing in the case suggesting that the second exotic dancer initially told Durham police that the alleged victim's rape claim could not be true and that it was "a crock."

According to the 32-page motion filed on Wednesday by defense attorney Kirk Osborn on behalf of Reade Seligmann, the second dancer, Kim Roberts, told police that she was with the alleged victim the entire time at the March 13 party except for a period of less than five minutes.

Roberts also initially told police, according to the motion, that the alleged victim never went back into the house at 610 N. Buchanan Blvd., even though authorities have said in court documents that the two left the party and later returned at the urging of some of the partygoers.

In Durham police search warrants made public earlier this year, the alleged victim told police she had been raped, beaten and sodomized for a 30-minute period by three Duke lacrosse players in a bathroom.

Instead, the motion says, Roberts -- also identified as Kim Pittman -- locked the alleged victim in Roberts' Honda Accord while she proceeded to the back of the house to look for some of the accuser's personal belongings. During court proceedings on May 30, the 31-year-old stuck out her tongue and made an obscene gesture at a television camera.

Defense attorneys have claimed that Roberts initially told a member of the defense team that she did not believe the accuser's allegations, but has changed her story to gain favorable treatment in a criminal case against her. She was arrested March 22 on a probation violation stemming from a 2001 conviction for embezzling $25,000 from a Durham employer.

In April, a judge agreed to drop a requirement that Roberts pay a 15 percent fee to a bonding agent to get out of jail, with Nifong signing a document saying he did not oppose the change.

Osborn argues that investigators deliberately omitted information as they moved forward with the case. The defense lawyers argue that prosecutors omitted that statement when they got court permission in March to obtain photographs and DNA samples from team members.

Wednesday's motion also claims that the initial examination performed on the alleged victim did not reach a conclusion as to whether she was raped. The only reported trace of physical trauma included a scratch on the alleged victim's knee and heel.

Osborn writes that the alleged victim said she was hit, kicked and strangled, but that the investigator in the case, Benjamin Himan, omitted that "the examining physician … at 3:14 a.m. [on March 14] found no neck, back, chest or abdominal tenderness."

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He also writes that the investigator's probable cause affidavit omitted that the sexual assault examination found that "no condoms, fingers or foreign objects were used during the alleged sexual assault."

The motion also states that the nurse who did the examination was not technically certified as a sexual-assault nurse, but that she was still "in training."

Osborn suggests that if investigators had included this information in their initial reports, a judge might not have issued the first set of identification orders for 46 players on the lacrosse team, who had to submit samples of their DNA.

The motion also states that prior to going to the lacrosse player's party, the accuser "had a function at a hotel room with a couple where she performed using a [sexual device], which clearly could have caused signs or symptoms of vaginal penetration."

Osborn also writes that had Himan interviewed a man, identified in the motion as her "driver" Jarrel Johnson, he would have "discovered sooner" that the alleged victim was also involved in some sexual manner with at least four different men during the weekend of March 10-12.

The papers filed Thursday contain a police statement that says the accuser told him "she had not had sex a week prior to the incident", but that she did perform for a couple in a hotel room in which she danced and used a sex toy on herself.

The court papers also included a five-page handwritten statement from a man who said he accompanied the accuser to three "appointments" at area hotels during the weekend prior to the team party. The man also told investigators he had sex with the accuser, though he said that took place more than a week before the party.

Defense attorneys have suggested that any evidence of sexual activity on the accuser's part may have resulted from encounters before the party, not an attack by team members. They have also said DNA tests showed material recovered from the victim matched a single male source who was not a member of the team.

Seligmann, as well as Collin Finnerty, 19, were indicted in April on first-degree rape, first-degree kidnapping and first-degree assault charges in connection with the case. Last month, David Evans, 23, was also indicted on the same charges.

All three men have denied the rape allegations, and Evans spoke out about their innocence before surrendering to authorities last month.

Each is out of jail on $400,000 bond.

Other than lacrosse players and the accuser, a 27-year-old student at North Carolina Central University, Roberts is believed to be the only other person at the March 13 party. Her testimony could be vital during any trial of the three suspects.

In an April interview with The Associated Press, she said, "I was not in the bathroom when it happened, so I can't say a rape occurred -- and I never will."