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Defense Cites Conflicting Reports by Rape Accuser

By Aaron Beard
Associated Press
Saturday, June 24, 2006

RALEIGH, N.C., June 23 -- A woman who accused three Duke University lacrosse players of rape initially told police she was attacked by five men at a team party and at one point denied she had been raped, according to a police report released Friday by a defense lawyer.

Authorities said previously in affidavits that the accuser reported she was raped by three men at a March 13 lacrosse team party where she and another woman were hired as strippers.

Three lacrosse players have been charged with rape, kidnapping and sexual offense in the case. Attorneys for all three players have strongly proclaimed their clients' innocence.

Victims' rights advocates say it is not uncommon for assault victims to have trouble answering questions in the hours immediately after an attack, when they are often emotional and unable to focus on describing what has happened.

A Duke University police officer described the accuser in the lacrosse case as "crying uncontrollably and visibly shaken" when she spoke with her at a hospital hours after the party.

The one-page report, dated March 14, was included in 536 pages of additional evidence Durham County District Attorney Michael B. Nifong handed over to defense attorneys Thursday. It was released by Joseph B. Cheshire, who represents defendant David F. Evans.

The defense has not released the entire discovery file, and it is not known what evidence Nifong might have, but the prosecutor has given no indication he plans to drop the case.

"You kind of find it hard to believe that this case in this condition can find its way to trial unless the prosecution has something going for it that we just don't know," said Stanley A. Goldman, a Loyola Law School professor and former Los Angeles County public defender.

Evans, 23, of Bethesda; Collin Finnerty, 19, of Garden City, N.Y.; and Reade Seligmann, 20, of Essex Fells, N.J., are each free on $400,000 bond.

On Thursday, a judge reduced Seligmann's bond to $100,000 during a hearing. A trial is not expected before spring 2007.

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