Rape Charges Dismissed In Duke Case
Other Counts Still Stand
Posted: 10:27 am MST December 22, 2006Updated: 1:52 pm MST December 22, 2006
RALEIGH, N.C. -- Lawyers defending three Duke University lacrosse players called for all remaining charges to be dropped against their clients on Friday after the prosecutor in the case dismissed rape charges against the players.District Attorney Mike Nifong did not immediately return calls seeking comment.Dave Evans, Collin Finnerty and Reade Seligmann are accused of attacking a stripper at a team party. While the rape charges have been dismissed, charges of kidnapping and sexual offense remain in place against the three."This case is far from over," said Joseph Cheshire, an attorney Evans. He said Nifong appeared ready to prosecute the case "at all costs."The accuser, a 28-year-old student at North Carolina Central University, has said three men raped her in a bathroom at a March 13 team party where she was hired to perform as a stripper.But Cheshire and the other attorneys for the players have said for months the woman has told several different versions of the alleged assault. Cheshire and Evans repeated that position on Friday.Cheshire said the woman now says she does not know if she was penetrated by a penis, which led Nifong to dismiss the rape charges.The defense has consistently said that no sex occurred at the party, and they have often cited a lack of DNA evidence in the case as proof of their clients' innocence.Cheshire said "it's highly coincidental" the charges are being dropped a week after the director of a private DNA testing lab acknowledged that -- in concert with Nifong -- he violated his own procedures and initially withheld from the defense test results showing none of the players' DNA was found on or in the accuser's body.Testing also showed that genetic material from several males was found in her undergarments and body.Citing what he called "numerous contradictory statements" by the accuser, as well as a lack of corroborating evidence, "It's the duty of the prosecutor to dismiss these charges," Cheshire said.Wade Smith, who represents Finnerty, said, "There's not a spider's web of a connection" between his client and the accuser."
Distributed by Internet Broadcasting Systems, Inc. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.














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