Eric Irons, a former Trinity sophomore, claims he is innocent of rape charges and plans to face the allegations in district court Nov. 9, his attorney said.
Irons was arrested on charges of second-degree rape and first-degree kidnapping of a female student by the Duke University Police Department Sept. 8.
“Eric Irons is an innocent man,” said Bill Thomas, Irons’ lawyer. “We have located witnesses and have evidence that the allegations made against him are entirely false. I have every confidence that, once all of the facts are known, that Eric Irons will be completely exonerated of any wrongdoing whatsoever.”
Irons, a 19-year-old from Hong Kong, was charged and released Sept. 8 on a $75,000 bond, according to court records. He withdrew from the University Sept. 9 following his arrest.
Mitchell Garrell, an assistant district attorney who is handling the case, did not respond to several e-mails and phone calls. Candy Clark, an administrative assistant at the district attorney’s office, declined to comment.
“We do not discuss evidence in pending cases except in the courtroom,” Clark wrote in an e-mail Oct. 18.
Irons allegedly assaulted a 20-year-old female student at an April 17 party in an apartment on Central Campus, according to the probable cause affidavit, part of the application for a search warrant by DUPD. Several witnesses said the alleged victim was “very intoxicated” at the party, the affidavit reads. The next day, the female student went to the Duke University Medical Center’s Emergency Department, where a sexual assault kit was administered. This procedure often includes collection of blood, hair, urine and body secretion samples as well as photo documentation and collection of clothing.
The alleged rape was reported April 18, and Spring classes ended April 28. DUPD submitted a search warrant application to the Durham magistrate Sept. 7 to obtain DNA swabs from Irons. The evidence, including samples of his head and pubic hair, saliva and blood, was collected by DUPD and Emergency Department workers Sept. 8.
Duke Police applied for the warrant eight days after classes resumed in the Fall. It is unclear whether Irons was in the country during the summer break.
Thomas said Irons requested a DNA test in April, adding that DUPD declined to collect DNA at that time.
“Once again, the decision was to charge first and investigate later,” said Thomas, who also represented one uncharged member of the 2005-2006 lacrosse team, several players from which were accused of rape. All charges against the players were later dropped. “We were very concerned that he was not given a DNA test. He protested his innocence of the allegations and should have been given one immediately.”
In an interview with Duke Police following the incident, Irons admitted to engaging in sexual conduct with the alleged victim but denied having sexual intercourse, according to the affidavit.
State statutes define second-degree rape as vaginal intercourse “by force and against the will of the other person.” First-degree kidnapping is the illegal confinement, restraint or removal of a person from one location to another, so that “the person kidnapped either was not released by the defendant in a safe place or had been seriously injured or sexually assaulted.”
Thomas declined to say whether Irons has returned to Hong Kong since withdrawing from the University, but he added that Irons will be present to face the allegations in court.
Both Michael Schoenfeld, vice president for public affairs and government relations, and Thomas declined to comment on Irons’ withdrawal from Duke. It is unclear whether Irons voluntarily left or if the University encouraged his move.
Thomas said he is unsure whether Irons will reenroll at Duke if he is found innocent.
“That’s a decision that has not been made at this point in time,” Thomas said. “Eric Irons will face these allegations in court and will restore his reputation once he is shown to be completely innocent of these charges.”
Irons could not be reached following multiple attempts for contact.
It is Chronicle policy not to identify the victims of sexual assault cases.
Editor's Note: The Chronicle has disabled the comments on this story due to the sensitive nature of the article.
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