So why are these guys still being put through this ordeal:
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 Falls, 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."
Now there is this development:
The exotic dancer who has accused three Duke lacrosse players of gang-raping her was drinking while taking medication that night, and had sex with at least four men and a sexual device in the days immediately leading up to the off-campus party, according to court papers filed Thursday.
And despite what Durham police have contended, a medical examination showed no signs of the sort of sexual or physical attack of which the dancer complained, according to the motion filed by defense attorneys for Reade Seligmann.
Among other previously undisclosed details, the motion says the woman at one point accused her female dance partner of helping the lacrosse players rape her and of stealing her money. And she told one medical staffer she drank at least 44 ounces of beer, and told another she took a powerful muscle relaxant and drank beer before going to the party at 610 N. Buchanan Blvd. on March 13.
Lawyers Kirk Osborn and Ernest Conner contend in the motion that police Investigator Benjamin Himan and the Police Department illegally and deliberately withheld those and other details that were damaging to their investigation.
For example, they say, Himan knew but did not mention in a probable-cause affidavit that two examining physicians said the dancer complained only of vaginal rape, even though some charges in the case are linked to allegations of oral and anal penetration.
Himan also neglected to note that the accuser told one doctor she was not hit and did not complain of any pain, or that she told the sexual assault nurse examiner she was not choked, according to the documents. That conflicts with statements from police that the woman was kicked, strangled and beaten while being sexually assaulted.
Police officials wouldn't respond Thursday to questions about the documents. "The Durham Police Department is not commenting on any specifics of the Duke lacrosse case," said police spokeswoman Kammie Michael.
The defense lawyers say the omitted information is critical to the case. Had it been included, they contend, police may not have gotten permission to perform a photo lineup that led to charges against three team members. As a result, the lineup and any identifications obtained from it should be thrown out, Osborn and Conner argued.
The paperwork filed Thursday includes lengthy, handwritten statements from the second dancer and from the alleged victim's "driver," along with insights into the accuser's medical condition on the night in question. Among numerous revelations, the documents say the alleged victim performed with a vibrator for other spectators before going to the North Buchanan Boulevard house late on March 13.
Defense lawyers said the vibrator, rather than a rape, might have caused "signs or symptoms of vaginal penetration."
In addition, the dancer told her driver she was "involved in some sexual manner with at least four different men" between March 10 and 12, and she admitted to a physician the next day that "she was drunk and had had a lot of alcohol that night," according to the documents.
The accuser's medical records were among nearly 1,300 pages of documentation defense lawyers got last month from District Attorney Mike Nifong.
In other words the prosecutor has had this information all along and still chose to bring charges against these young men. Every time we hear more about this story it seems that the District Attorney has no case and that he and the usual assortment of race hustlers are just using these guys as pawns in a powerplay to advance his political ambitions and their standing in the black community. The accused are rich, white males and the alleged victim was a poor, black female, and that happy juxtaposition gives the DA a golden opportunity to pick up some votes among the leftists on Duke's campus and among resentful blacks in Durham. All he has to do to secure those votes is publically crucify these young men and destroy their lives. For people with political ambitions that's not much to ask.
It really is hard to say who the biggest sleazes are in this sordid tale: the woman, who is obviously a moral and psychological basket case; the athletes, who sound themselves like moral and emotional midgets; the police, who seem to have compromised and corrupted their ethical and professional responsibilities; or District Attorney Nifong, who gets our vote for "biggest slug" in the case since he is willing to destroy lives and imprison people when there is no evidence that they did anything illegal, just so he can elevate his standing among a political constituency.
Unless Nifong has some secret blockbuster videotape of the alleged assault occuring, he deserves to be politically ruined and sued for defamation. Even if he has such a tape he deserves the same fate since it's incumbent upon him to disclose to the defense all the evidence he has against the athletes and he hasn't.
