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Cops: Duke accuser kept changing story

Alleged rape victim said five, then three lacrosse players attacked her

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updated 1:13 p.m. ET June 24, 2006

DURHAM, N.C. - 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 attorney.

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 to perform as exotic dancers.

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.

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Victims rights advocates say it’s not uncommon for an assault victim 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 police office described the accuser in the lacrosse case as “crying uncontrollably and visibly shaken” when speaking with her at a hospital hours after the party.

The one-page report, dated March 14, was included in 536 pages of additional evidence prosecutor Mike Nifong handed over to defense attorneys Thursday. It was released by Joseph Cheshire, who represents defendant David Evans.

The defense has not released the entire discovery file, and it not known exactly 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 Stan Goldman, a Loyola Law School professor and former Los Angeles County public defender. “That’s the 64-dollar question. What does he have?”

Evans, 23, of Bethesda, Md.; Collin Finnerty, 19, of Garden City, N.Y.; and Reade Seligmann, 20, of Essex Fells, N.J. are each free on $400,000 bond. A judge reduced Seligmann’s bond to $100,000 during a hearing Thursday. A trial isn’t expected before spring 2007.

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