Lawyers for team captains say grand jury likely to get Duke lacrosse case

DURHAM -- Two lawyers representing captains of Duke's lacrosse team said they expect the district attorney to present the investigation into a reported rape at a team party to a grand jury scheduled to meet Monday morning.

"Based on his public comments I am convinced that he is going to submit this case to the grand jury," said lawyer Bill Thomas. "I think it's very unfortunate for these young men and this community that he is proceeding with a prosecution in light of evidence that clearly points at the innocence of these young men."

Durham lawyer James "Butch" Williams said "The only unfortunate thing is the grand jury process is one-sided and the defense doesn't get a chance to present any evidence or be there."

The lawyers said they do not know which players might be the subject of the investigation.

Grand jurors meet in secret and are asked to determine whether probable cause to believe a crime occurred. It's the same standard authorities need to obtain a search warrant and is far below the standard of proof used in jury trials -- beyond a reasonable doubt.

"An indictment is not any indication of guilt," Williams said. "It's merely a process that you do to get a person in court to answer some allegations."

On March 13, members of the Duke lacrosse team had a party at a house shared by three of the team's captains. They hired two women from escort services to dance. The players say that the women took $800 and danced only a few minutes, according to their attorneys. One of the women told police that the men became unruly and she left.

The woman, who is black, said she went back into the house and was raped by three white men in a bathroom. The racially charged case has become a national cause celebre.

Nifong has said he believes a rape occurred. Defense lawyers, who have DNA reports that show no traces of the players' DNA on the woman, have said no rape occurred. Nifong, through his assistant, is not taking media phone calls. He declined Wednesday to answer reporters' questions about the case.

For three weeks, the case has dominated local and national news while no charges have been filed. "Until the indictments come out and these people are named, we're in a holding pattern," Williams said.

At a candidate forum Wednesday night for the May 2 district attorney election, he reiterated that he is confident in the woman's story. Part of his job, he said is to clear the innocent as well as prosecute the guilty.

"There are 46 members of that lacrosse team in Duke who gave DNA samples and there weren't 46 of them who did this crime," Nifong said. "It is just as every bit as important to find out who is not responsible and to let them leave Durham without that cloud having over their head."