DURHAM, N.C. - Photographs the defense for the Duke lacrosse team planned to use as evidence that there was no alleged rape at a party could be a hindrance, Time magazine reported.

Taxi driver Moez Mostafa told the magazine that he saw exotic dance Kim Roberts exchange angry words with lacrosse players, enter an "old white car" and speed away from the scene. Mostafa, cited as an alibi witness for the accused lacrosse players, told Time magazine that he didn't want to be seen "on the side of the defense only. I want to look like I’m an honest person."

He told Time that he picked up accused player Reade Seligmann and another unknown player at the party at house at 12:19 a.m. on the morning of March 14. He told investigators that he dropped the pair off at 12:40 a.m. at a dorm on campus, after making several stops. Mostafa said he returned to the house at 12:50 a.m. to pick up four more players, whose identities are unknown, around the same time he claims to have seen Kim Roberts get into the white car.

Using his statement, prosecutors will probably attack the defense's claim that the alibis for the accused players — the series of allegedly time-stamped photos taken by players the night of the party — aren't what they seem. Seligmann, 20, and teammate Collin Finnerty, 19, have been charged with rape in the case. 

The photos in question was taken, defense sources say, at approximately 12:41 a.m. and shows the accuser calmly being helped into a car to leave the party. Along with other time-stamped photos from earlier in the evening, defense attorneys will claim that there wasn't enough time for a rape to take place.

But prosecutors will argue, that photo actually shows the accuser being dropped off at the party, not leaving it, and that it was taken well before midnight. Prints taken from digital cell phone cameras have time stamps, but can be altered, digital photography experts told Time. Only the cameras themselves have true embedding time date to correspond with photos taken.

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"If the prosecutor can discredit that photo, or one photo, their meanings are all suspect," another lawyer in Durham told Time.

But one defense attorney scoffed at the notion the photo's time stamp was altered or that prosecutors could argue confusion over the two cars. "If it doesn't come out before the trial, if there is a trial, irrefutable evidence will show the photo is correct and the navy blue car is what matters."

Mostafa told Time he has not seen any photos and has not been paid anything by the defense or the accusers. "Nobody paid me anything," Mostafa told Time.

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