DA still pursuing lax rape case

District Attorney Mike Nifong said Tuesday he will continue to investigate sexual assault allegations made against the Duke men's lacrosse team.

The assertion comes despite DNA test results returned Monday that did not connect players to evidence obtained from a woman who claimed she was raped, choked and sodomized by members of the men's lacrosse team at a party March 13.

"I assure you by my presence here, this case is not over," Nifong said at a panel discussion Tuesday at North Carolina Central University, where the alleged victim is a student.

Nifong said he had not received results from other DNA tests, which could yield a different outcome, adding that 75 to 80 percent of rapes do not leave DNA evidence.

Nifong and four other panelists addressed the questions of an audience of about 500 Durham residents and students at NCCU Tuesday.

Responding to queries regarding his relationship with his constituents, Nifong denied any relationship between the investigation and his campaign for re-election.

"As the district attorney, you do not get to choose what crimes occur or when they occur," he said. "This is not about the election. This is about doing justice."

Several attendees said they believe members of the lacrosse team did rape the NCCU student, despite the lack of a DNA match. They also said city officials and Duke administrators have acted too slowly in addressing the incident.

"That young lady was brutally raped," said Durham resident Victoria Peterson. "I'm going to ask for a hate crime investigation, and I want those boys in jail."

Nifong said the alleged victim identified suspects last week who she said assaulted her. Peterson said she considered the alleged victim's assertions enough evidence to indict the players.

Peterson pointed out several other flaws she perceived in how state officials have conducted the investigation.

She asked why the Federal Bureau of Investigation has not been involved in the case and said the accuser should not have received DNA testing at Duke Hospital.

"It's a conflict of interest," Peterson said. "I believe the information Duke Medical Center received has been tampered with."

Durham resident Jackie Wagstaff, who ran for mayor in 2005, criticized the manner in which city officials are conducting the investigation.

"I know the history of Durham when it comes to black crime, and I'm not trying to be a racist, but we know if that same allegation had been made against three black males, they wouldn't be waiting for DNA tests," she said. "We're giving a lot of special provisions around this because of privilege, and that's not fair-and that's what's making people angry."

Audience members criticized the media's depiction of the situation, which they said is focused on unrealistic community racial tensions and an unfair portrayal of the alleged victim.

"You have minimalized my sister to a stripper and an exotic dancer," NCCU senior Shawn Cunningham said. "You don't identify her as a mother, you don't identify her as a student, you don't identify her as a woman."

Several other students expressed support for the alleged victim.

Duke Student Government President Jesse Longoria, a senior and the only panelist representing Duke, responded to criticisms about how the University has handled the situation by emphasizing that there is still considerable uncertainty surrounding the case. He emphasized the need for meaningful dialogue among all parties involved.

Longoria said the forum was effective in generating conversation, despite high levels of emotion.

"It was a good starting point for a lot of the dialogue that needs to happen," Longoria said. "It was an intense environment, but you can't just give the obviously strained relationships lip service and expect them to get better."

NCCU Senior Class President Deondra Ramsey agreed.

"We've always been trying to bridge the gap between the students," she said of the two schools. "Not just the students, but the community, were allowed to have some form of outlet."

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