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Durham officials defend cops in Duke case

Police said accuser 'was not credible,' possibly causing school to act slowly

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Duke rape investigation
May 9: More on the Duke report that claims Durham police said the alleged victim first claimed she was raped by 20 men but later changed her story. MSNBC-TV's Dan Abrams talks with the report's co-author, a reporter, analyst Susan Filan, former prosecutor Norman Early and an attorney.

DURHAM, N.C. - City officials defended on Tuesday how the police department handled a woman’s allegations that she was raped at a party thrown by Duke University’s lacrosse team.

Mayor Bill Bell said nothing suggests that officers haven’t vigorously investigated the case. His comments followed a report released by Duke on Monday concluding the university was slow to respond to the allegations partly because city police initially said the accuser “kept changing her story and was not credible.”

“If they just walked away from it and hadn’t attempted to pursue further investigation then that might merit some indication that they weren’t taking it seriously,” Bell said. “But as far as I know, they’ve been trying to investigate and get information.”

However, Bell still directed the city manager to ask police about the report, saying specifics were needed about what officers were involved and what they said.

The day after the March 13 team party where a 27-year-old black woman claimed she was raped, Durham police told campus officers that “this will blow over,” the report said. The woman initially told police she was raped by 20 white men, then said she was attacked by three, the report said.

Police told Duke officers that if any charges were filed, “they would be no more than misdemeanors,” the report said.

But more than a month after the party, a grand jury indicted two team members on charges of rape, kidnapping and sexual assault. District Attorney Mike Nifong has said he hopes to charge a third person.

The report — commissioned by Duke’s president and prepared by two former heads of universities — does not say who at the Durham Police Department cast doubt on the accuser’s complaint.

One of the report’s authors, Julius Chambers, said the committee that prepared the report made no independent effort to speak with Durham police, and relied on material provided by campus officers.

Nifong and Durham police declined to comment Tuesday, but city manager Patrick Baker said police considered the allegations serious.

“It would seem to me if the state of mind of the Durham Police Department was going to be articulated in a report, you would probably want to speak with the Durham Police Department,” Baker said.

FREE VIDEO
Duke's handling of scandal
May 8: A Duke committee criticizes the University's initial handling of the case and reveals Durham police initially questioned the alleged victim's credibility.

Defense attorneys jumped on the report’s details, calling the police’s apparent questions about the accuser’s credibility consistent with their investigation of her background, which includes a previous allegation of rape that did not lead to any charges.

But Scott Berkowitz, president of the Rape, Abuse and Incest National Network, a victim-rights group, said the first police officers to speak with a rape victim often don’t have the training and experience needed to accurately judge the merits of a complaint.

“It’s important to note that once the experienced folks got there and started investigating this, they found her story credible and concluded that a violent crime took place,” he said.

© 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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