Muncie Times, Muncie, Delaware County, 6 July 2006 — Page 34

Page 34 • The Muncie Times • July 6, 2006

NEWS BEIEFS

continued from page 33 www.ourheartsworld.com , a community-based Web site in support of the accuser’s rights. “What if these young men are innocent victims of lies, and prosecutorial misconduct?” “If’ they do turn out to be innocent, then you are no better then (sic) common racists. Clearly blinded by your obvious hatred of white males (sic).” Another e-mailer named “Robert” wrote, “The accuser’s’case is falling apart. People are starting to see her no longer as the “victim,” but as the criminal she is. “Robert,” addressing the accuse’s supporters, continued, “You embody everything that is pathetic about the Black race. You and your willful ignorance are one of the main reasons that there is still a racial divide in this country.” Indeed. based of motions recently filed by defense attorneys representing Colin Finnerty, 19 of Garden City, N.Y., Reade Seligmann, 20 of Essex Falls, N.J. and David Evans, 23 of Bethesda, Md., there are new questions, gleaned from the 1,278 pages of prosecution evidence turned over a month ago to the defense in discovery, about j ust how Durham police investigators went about confirming the accuser’s allegations. In fact, observers are bracing themselves as more damaging and

revealing evidence may be coming next week, as the prosecution was scheduled to turn over yet another batch of evidence to the defense before the end of June. For instance, major headlines were made last week when it was reported that the second dancer involved in the case, Kim Roberts Pittman, who stands charged with embezzlement in an unrelated case, initially told investigating officers a week after the alleged assault that she thought the accuser’s allegations were “a crock,” and that the two were virtually together the whole time they were at the party. Pittman has been previously been quoted as saying she was unaware of any rape occurring. D.A. Nifong, who 2 months ago generously gave interviews to anyone that wanted one virtually proclaiming the 1 acrosse players guilty, has stayed mum for the past month. Durham police indicated that it took them 31 hours to secure a search warrant for 610 N. Buchanan Blvd, the site of the party, because the alleged victim was not immediately forthcoming with the details. Clearly if he went with only what the defense has made public, no indictments would have been forthcoming, which means Nifong should have more than he has so far allowed to be revealed. Regarding contradic-

tions in what the medical exam after the alleged assault showed, a Durham police affidavit, a legal document, clearly indicates that a medical report on the accuser’s injuries was subpoenaed from Duke Medical Center, and it showed “injuries consistent with being raped and sexually assaulted vaginally and anally.” So the public and press are currently up in arms about information that investigators already dealt with months ago, and have moved past to shore up their case. Another indication that there’s more to Nifong’s case than meets the eye is the absolute failure of any leaked information from either the DA’s Office or the police department designed to scuttle the case. Normally, as proven in the state and federal government, when things are going badly and lowerrung agency employees feel a particular policy or practice is wrong, they call the press in an effort to secretly stop it. That hasn’t happened here, meaning that either it may still happen down the road, even after 3 months, or the D.A. and police have a case that isn’t fully evident yet. Critics also forget that initially, Durham police were trying to substantiate more than just rape, forcible sexual offense and kidnapping. According to the initial search warrants, investigators were also trying to build a case for common

law robbery and felonious strangulation. Even though the alleged victim claimed that she was beaten, kicked, strangled and raped, only the first three charges survived further review, either before the grand jury presentations, or during. That means Nifong’s strongest evidence probably buttresses those three charges, according to some analysts. Also, a great deal of computer, video and digital photo equipment was confiscated from the lacrosse players’ dorm rooms. Several vehicles were also searched. In fact, as evidence that the investigation continues, defense attorneys for three dozen of the 47 lacrosse players are trying to quash search warrants for team member addresses and school identification cards. And what about that damning e-mail from lacrosse player Ryan McFadyen, the one he admittedly sent just an hour after the alleged assault from his dorm to the other players, suggesting that they have another party where they kill strippers, skin them and then get sexual gratification from it? Police say they got a tip about that e-mail. Still another area the defense says little about is the confrontation in the house between the black female dancers and the white drunken lacrosse players who, according to their neighbor, had been

drinking heavily since 2 p.m. and, according to the second dancer, were urinating out in the open. All agree that at some point after the two dancers began to perform, the young men, at least 30 of them, became agitated and started to display a broom handle, the implication being that it could be used as a sex toy on the women. Racial epithets were also exchanged. The women became frightened, eventually left the house and went to Kim Pittman’s car. The alleged victim then decided to go back alone for her shoe, money, cell phone and makeup kit. Minutes later, she had to be carried out, without those items. Pittman says s he went back to find the articles so they could leave, but no one knew where they were. Police later recovered the makeup bag, cell phone, and $160 in cash, as the accuser said she left, in addition to other items. And finally, while everyone is focusing on the rape charge, critics forget Finnerty, Seligmann and Evans are also charged with a forcible sexual offense, which can cover a wide range of actions against a victims will, and kidnapping. If Nifong is able to prove just one of those first-degree felonies, the suspects may face 12 to 25 years in a North Carolina prison.

Black