Charges may be delayed in Duke rape case
Report: DA says it could be an additional week before decision made
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Duke Rape Investigation March 30: The investigation into the alleged rape of an exotic dancer by three Duke lacrosse players is expanding. MSNBC-TV's Dan Abrams talks with a local reporter and attorneys for the team's co-captains. Abrams_Report |
DURHAM, N.C. - Durham County District Attorney Mike Nifong said Friday that it could be an additional week before he decides what charges to bring to members of the Duke men's lacrosse team, the Durham Herald-Sun reported in its Saturday edition.
Nifong reiterated Friday results of the DNA tests in the rape investigation will not necessarily determine who gets charged, the Herald-Sun said. On Thursday, Nifong said he was not sure if he would make the DNA test results public. The results from the DNA tests may be completed next week.
The newspaper also reported that some lacrosse players gave accounts of what transpired on the night of the alleged attack to university administrators. Nifong told the newspaper he would ask the school to disclose those accounts voluntarily. If the university withholds the information, Nifong would seek a court order to obtain the testimonials.
Meanwhile, Durham Police Department officers on Friday night warned residents outside of houses on North Buchanan Boulevard of potential threats of violence targeted at Duke students, The Duke Chronicle reported on its Web site Friday.
Buchanan Boulevard is the street where players allegedly raped an exotic dancer at a March 13 party.
On Thursday, lawyers for Duke men’s lacrosse players said police and an outraged community will owe the team an apology after DNA tests are completed — tests they said will prove no one on the team raped an exotic dancer.
Four attorneys representing nearly all the 46 players forced to give samples protested what they said was a presumption that their clients attacked the dancer or kept quiet about what happened. No one has been charged.
“We believe that the DNA will show that that this not true. We believe that a full and complete and fair investigation will show that it is not true,” lawyer Joe Cheshire said.
Investigators are still collecting evidence, but Nifong has said in recent days he already believes a crime occurred. Even if the state crime lab’s DNA analysis proves inconclusive or doesn’t provide a match for any of the athletes, Nifong has said he’ll have other evidence.
“If the only thing that we ever have in this case is DNA, then we wouldn’t have a case,” Nifong said Wednesday.
This week, university president Richard Brodhead suspended the highly ranked team from play until the school learns more about the accusations. But Cheshire said Nifong and police have created a mob mentality that has tainted the men “before the evidence has all come out in a way that they will never recover.”
Nifong’s office did not return calls Thursday seeking a response to the criticism.
English professor Melissa Malouf said she is one of those prepared for the DNA tests to prove inconclusive.
“I don’t think the DNA is the case,” she said after speaking at an outdoor protest near Brodhead’s office. “Guys can wear condoms.”
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“The victim’s four red polished fingernails were recovered inside the residence consistent to her version of the attack. She claimed she was clawing at one of the suspect’s arms in an attempt to breath (sic) while being strangled. During that time the nails broke off,” the police statement said.
Officers who searched the house also recovered the woman’s makeup bag, cell phone and a stack of $20 bills consistent with the woman’s statement that $400 in cash was taken from her purse after the attack, the police statement said.
Police have also searched a second home occupied by lacrosse team members, but documents describing the location or what investigators found have been sealed by court order, prosecutors and police said.
The three lacrosse team members who lived at the house where the party and alleged attack occurred willingly made statements to police after the woman’s complaint, Nifong said. They said “that all the attendees were their fellow Duke lacrosse team members,” the police statement said.
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The case has prompted daily protests since Saturday, intensifying the undercurrents of privilege and race in a blue-collar city of 200,000 that is 44 percent black while home to one of the nation’s elite universities.
“I guess one of the best ways to describe this is we have the potential for a perfect storm,” North Carolina Central chancellor James Ammons said. “You have all of these issues that we’re going to have to discuss.”
Ammons met Thursday with Brodhead, Durham Mayor Bill Bell and several of the city’s black leaders to discuss the case.
Brodhead invited about a dozen people to the meeting at Duke because “he wanted to feel the pulse of the community and he wanted our help in sharing information and our thoughts to help Duke deal with this situation,” Ammons said.
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