DURHAM, N.C. - Every member of Duke University’s lacrosse team is a potential witness in the case against three players charged with rape, a prosecutor said Monday in arguing for access to their student ID card records.
“We want to be able to confirm what they tell us about where they went afterward,” District Attorney Mike Nifong said of the uncharged players.
The cards can be used to buy things and gain access to campus buildings. Attorneys for the uncharged players argued Monday that the information is protected by federal privacy laws and that Nifong’s May 31 subpoenas for the records were flawed.
The subpoenas also sought a list of the uncharged players’ home addresses, which Nifong said he needed to ensure he could call the players to testify at trial. A trial is unlikely to be held before next spring.
“We’re not trying to investigate them,” Nifong said. “We are not trying to say there are crimes that we want to prove they are guilty of. We want to be put in a position to call them to tell the jury in Durham what they observed go on that night when this took place.”
Judge Kenneth C. Titus said he would probably decide the issue on Friday.
The three players charged with raping a stripper at an off-campus party in March — Reade Seligmann, Collin Finnerty and David Evans — did not attend the hearing.
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