Nifong drops rape charges
Sexual offense, kidnapping charges to remain
By: Staff Reports
Issue date: 12/11/06 Section: News
Last update: 1/2/07 at 7:35 PM EST
Last update: 1/2/07 at 7:35 PM EST
Durham District Attorney Mike Nifong has filed to drop charges of rape against three Duke men's lacrosse players who had been accused of attacking an exotic dancer at team party last year, a defense attorney said.
Charges of kidnapping and sexual offense against David Evans, Trinity '06, Collin Finnerty and Reade Seligmann remain. All three players have maintained their innocence throughout the case.
The charges of rape were dropped after the alleged victim told investigator Linwood Wilson Thursday that she could not say with certainty that penetration occurred with a male sex organ, Nifong wrote in the filing for dismissal. Because she could not testify to this matter, he wrote, the state could not reach the burden of proof for the charge of rape.
Defense attorney Joe Cheshire said "it's highly coincidental" that District Attorney Mike Nifong has decided to drop the rape charges a week after the director of a private DNA testing lab admitted in court that he had withheld test results displaying that the players' DNA was not found in the alleged victim's body or underwear.
Discuss the latest development on The Chronicle's message board.
The Associated Press contributed to this story. Check www.dukechronicle.com for continuing news updates.
Charges of kidnapping and sexual offense against David Evans, Trinity '06, Collin Finnerty and Reade Seligmann remain. All three players have maintained their innocence throughout the case.
The charges of rape were dropped after the alleged victim told investigator Linwood Wilson Thursday that she could not say with certainty that penetration occurred with a male sex organ, Nifong wrote in the filing for dismissal. Because she could not testify to this matter, he wrote, the state could not reach the burden of proof for the charge of rape.
Defense attorney Joe Cheshire said "it's highly coincidental" that District Attorney Mike Nifong has decided to drop the rape charges a week after the director of a private DNA testing lab admitted in court that he had withheld test results displaying that the players' DNA was not found in the alleged victim's body or underwear.
Discuss the latest development on The Chronicle's message board.
The Associated Press contributed to this story. Check www.dukechronicle.com for continuing news updates.
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Viewing Comments 1 - 10 of 20
Arielle
posted 12/22/06 @ 1:54 PM EST
Who cares about the other charges? This whole thing was bogus to begin with and the other charges will eventually be dropped as well. The people that really need to be on trial here are Nifong, the piece of trash accuser, and the director of the DNA lab who acted in concert with Nifong in withholding evidence showing that other guys' DNA was on this woman. (Continued…)
DukeAlum05
posted 12/22/06 @ 2:32 PM EST
Since when was trying to prevent someone from STEALING $400 without services rendereed the same as kidnapping?
BOBBY MAC
posted 12/22/06 @ 3:04 PM EST
The day following this mess I emailed an opinion stating my desire to cease and desist attacking these kids until at least a heck of a lot more information had been collected. (Continued…)
nifong to jail
posted 12/22/06 @ 4:00 PM EST
nifong and the "victim" need to both be put in jail!!!
and now that these lax kids have been lynched by the media and the left wingers and the president of the school, it is only fair that her name and face are shown to the public!
Brodhead RESIGN
posted 12/22/06 @ 4:12 PM EST
Richard H. Brodhead PLEASE SUMBIT YOUR RESIGNATION, YOU ARE A FIRST RATE LEFT WING CLOWN! YOU OWE THE LAX PLAYERS AN APOLOGY!BE A MAN AND RESIGN JUST LIKE YOU FORCED THE LAX COACH TO DO!
Disgusted w/Brodhead
posted 12/22/06 @ 5:44 PM EST
And still no apology, Brodhead? Were you sent down here to destroy Duke? Did you purposely sabotage this school? No one in your position could have been this stupid accidentally? I bet Yale wrote you glowing recommendations-- they were glad to see you off their payroll! Quit now. (Continued…)
Dick Smallhead!
posted 12/22/06 @ 6:39 PM EST
This pinhead of an excuse for a University President needs to find a job at a car wash so he can learn how to clean up a dirty situation. Dick, as long as you stay the name of your school should be Puke! Please leave and bring back Pressler (18 years of Coach P's life helping students and parents gone because of two guys in power for less time then it took the victim to give birth to the next Messiah). (Continued…)
New Haven
posted 12/23/06 @ 12:46 PM EST
To the earlier commenter who said that Brodhead's actions were reasonable and that the president of a university cannot be expected to conduct a rape investigation:
Colleges, or any school for that matter, investigate student misconduct all the time, even breaches of school rules that are not violations of law. (Continued…)
rjr5
posted 12/23/06 @ 2:15 PM EST
What about Larry Moneta and Dean "I'll just have you talk to one of my buddy lawyers in town, let's keep this under the rug" Sue...they probably had more to do initially with the case. (Continued…)
Ryan
posted 12/23/06 @ 3:24 PM EST
President Brodhead should submit his resignation and an apology to the three accused and their families.
He showed his true character during the past year. (Continued…)
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