Published: Jun 08, 2006 12:10 PM
Modified: Jun 09, 2006 11:20 AM
The second dancer in the Duke lacrosse case told police early on that allegations of rape were a "crock" and that she was with the accuser the entire evening except for a period of less than five minutes.
The second dancer, Kim Roberts, made that statement when she was first contacted by Durham police one week after the party where the first escort service dancer said she was gang raped by three men.
Roberts' statements and notes of the detectives in the case were made public today in a court filing by lawyers for one of the defendants, Reade Seligmann, 20, of Essex Fells, N.J.
Seligmann's lawyers said police omitted important facts contradicting the accuser's story when they obtained an order to photograph and take DNA samples from the players, including Roberts' statements to police.
Investigator Benjamin Himan first contacted Roberts on March 20, one week after the lacrosse party that ended in the early hours of March 14.
"She heard that (the accuser) was sexually assaulted, which she stated is a 'crock' and she stated that she was with her the whole time until she left," according to Himan's notes. "The only time she was alone was when she would not leave and that time period was less than five minutes."
Seligmann's lawyers said there were major discrepancies in the reports of the doctors and nurses who examined the accuser at Duke Medical Center.
Prosecutors and police have said that the accuser was hit, kicked and strangled while she was sexually assaulted anally, vaginally and orally.
The accuser told the nurse "that she was not choked; that no condoms, fingers or foreign objects were used during the sexual assault," the lawyers wrote in a sworn statement. The nurse noted that the accuser's arms, legs, head, neck, nose, throat, mouth, chest, breasts and abdomen were all normal, the court filing said. The lawyers filed the accuser's medical records under seal with the court.
Two other players have been charged with first degree rape, sexual offense and kidnapping in the case: David Evans, 23, of Bethesda, Md., and Collin Finnerty, 19, of Garden City, N.Y.
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