Two members of the men's lacrosse team were arrested and brought to the Durham County Detention Facility in handcuffs at 4:54 a.m. Tuesday morning.
Sophomores Collin Finnerty and Reade Seligmann have been charged with first degree forcible rape, first degree sexual offense and first degree kidnapping, according to an order for arrest from the Durham County Superior Court.
The charges come after weeks of questions surrounding allegations that team members raped an exotic dancer at a March 13 party.
District Attorney Mike Nifong, who has declined to discuss the specific evidence that led to the two players' charges, said in a statement Tuesday that the state is still gathering information to confirm the identity of a third attacker.
"It is important that we not only bring the assailants to justice, but also that we lift the cloud of suspicion from those team members who were not involved in the assault," Nifong said.
Both students were released on a $400,000 secured bail Tuesday morning, and their next court appearance was scheduled for May 15.
Lawyers for both students said the two were not guilty of the charges put forth by the grand jury, whose indictments of the players were sealed Monday until the players were arrested.
"The grand jury... hear[s] one side of the story," said William Cotter, an attorney representing Finnerty, when he and Finnerty's father, Kevin, came to post bond at the jail. "The next jury will hear the entire story, which includes our evidence. We're confident that these young men will be found to be innocent."
Kirk Osborn, a lawyer who is representing Seligmann, said his client is "absolutely innocent." He would not comment on any evidence including whether or not the player had attended the March 13 party.
"It's hard to put into words the unfairness and miscarriage of justice that this indictment is," Osborn said. "[Reade is] one of the nicest kids I've ever had the pleasure of representing."
Defense lawyers for the players told The Durham Herald-Sun that Seligmann called a cab at 12:14 a.m. and was driven away from N. Buchanan Boulevard five minutes later. In addition, they claimed that an ATM security camera filmed Seligmann while making a withdrawal at 12:24 a.m.
The Herald-Sun called 12 Durham-based taxi companies, all of which denied dispatching a cab to the house where the party occurred the night of the alleged incident.
Bill Thomas, a local defense lawyer who represents one of the uncharged players, questioned the two indictments.
"The reaction among all the lawyers is one of absolute shock and surprise," Thomas said.
The Associated Press reported that the two players' on-campus rooms were searched Tuesday night. Nifong did not indicate in his statement if he will be charging other players on the team with aiding and abetting the alleged crimes.
In a statement released Tuesday afternoon, President Richard Brodhead encouraged the Duke community to reserve judgment and allow the legal system to run its course.
"[We] move from unfocused speculation about 46 members of the team to the court of law where the guilt or innocence of the individuals charged will be established," Brodhead said.
Thomas, however, said he believes the University has not honored the presumption of innocence and has provided "no support" for either Finnerty or Seligmann.
In the past, students charged with felonies have been suspended from the University on an interim basis, Vice President for Student Affairs Larry Moneta said in a statement Tuesday afternoon.
Osborn confirmed that Seligmann will no longer attend classes.
A few blocks from the courthouse, community members gathered Tuesday morning to reaffirm their support for the exotic dancer and their commitment to a fair legal process.
"[The indictments are] not the final proof of guilt, but it is an indication, based on the initial evidence, that something happened," said William Barber, president of the North Carolina chapter of the National Association for the Advancement of Colored People.
Barber added that the NAACP plans to create a team of "the best legal minds" to ensure that civil rights are upheld.
Throughout Tuesday morning, dozens of reporters and photographers stood outside jail gates and courtroom walls, rushing to confirm players' identities and straining to capture a glimpse of the students.
Seligmann and Finnerty arrived at the county jail early Tuesday morning to have mugshots taken and fingerprints recorded. Seligmann posted bail by 7:15 a.m. and left shortly thereafter.
Reporters pursued Seligmann as he and his father dashed from the back of the jail and pulled away in a tan Ford Explorer with New Jersey license plates.
A few hours later, Finnerty's father and two attorneys arrived. At about 10:30 a.m., they escorted Finnerty to the Durham County Courthouse, where the lacrosse player sat stonefaced next to his father in a courtroom surrounded by members of the media.
Nineteen-year-old Finnerty, who plays the attack position on the field, is from Garden City, N.Y. He attended Chaminade-a prestigious Catholic high school.
"I think Collin is literally one of the most kind and gentle people I've ever met," said sophomore Aaina Agarwal, who lives down the hall from him in Edens 2C Dormitory. "I think that these charges are completely wrong and unfounded, and I just think that two of the boys who probably deserve it the least have had to go through something like this."
Finnerty was charged with simple assault in Washington D.C., in November 2005, when a man claimed that Finnerty and two friends punched him in the face and body. According to the police report, the man said he was attacked after asking the three others to "stop calling him gay and other derogatory names."
Seligmann, a 20 year old from Essex Fells, N.J., is a midfielder and is one of five Duke players who attended the Delbarton School in Morristown, N.J.
E-mails were sent out Tuesday afternoon through various mailing lists in support of the team and the two indicted students.
"I know [Seligmann] personally and his girlfriend really well. There is no way that this event even happened if this is the guy that the stripper is '100-percent sure' about," wrote sophomore Hamish Russell, a member of the Duke men's club lacrosse team.
James Ammons, the chancellor of North Carolina Central University, where the alleged victim is a student, wrote in a statement Tuesday that the allegations and arrests have highlighted the need to support victims of sexual assault.
"Our hearts continue to go out to the [alleged victim] as she goes through this process," he said.
Seyward Darby, Sarah Kwak and Steve Veres contributed to this story.
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