Two arrests made in Duke lacrosse case

More than a month after a woman told police she was raped at Duke University lacrosse party, two players, Reade Seligmann and Collin Finnerty, were charged with first degree forcible rape, first degree sexual offense and kidnapping, according to George Naylor, director of the Durham County Jail.

Bond was set for each player at $400,000, Naylor said.

District attorney Mike Nifong did not speak publicly about the arrests, but he issued a written statement.

"It had been my hope to be able to charge all three of the assailants at the same time, but the evidence available to me at this moment does not permit that. The investigation into the identity of the third assailant will continue in the hope that he can also be identified with certainty. It is important that we bring the assailant to justice but also that we lift the cloud of suspicion from those team members who were not involved in the assault," the statement said.

Seligmann, a sophomore from Essex Fells, N.J., and Finnerty, a sophomore from Garden City, N.Y., emerged from a sheriff's deputy vehicle and were led, handcuffed, into the magistrate's office at 4:54 a.m. today.

Later this morning, Finnerty and his lawyer, Bill Cotter, appeared in a Durham Superior Courtroom for a routine first appearance. Finnerty signed a form waiving court-appointed counsel, and his lawyer told Superior Court Judge Ronald Stephens that his client understood the charges. Seligmann's attorney, Kirk Osborn, appeared for his client. The judge set court days for both men on May 15.

Earlier, Cotter said he was surprised by the indictments but downplayed their significance.

"The (grand) jury only heard one side of the story. They almost always indict. The next jury will hear the entire story, which will include our evidence. We're confident that these young men will be found innocent."

Kirk Osborn, Seligmann's attorney, said, "We're looking forward to showing that he is absolutely innocent as soon as we can." Julian Mack, who represented Seligmann before today's arrest, said the charges are unfounded. "I'm devastated that he's been charged," he said. "It's a terrible, terrible mistake."

Seligmann and Finnerty's arrests stem from a party that began March 13. The accuser, who is a mother of two, an N.C. Central University student and an escort service dancer, told police March 14 that she was sexually assaulted by three men in a bathroom at an off-campus house shared by three lacrosse team captains. The accuser is black; she said her rapists were white.

Just after 7 a.m., Seligmann and another man left the jail and ran to a Ford Explorer with New Jersey license plates. They pulled onto Pettigrew Street and went to the traffic light at Pettigrew and Mangum streets. They stopped at a red light, waited for traffic to clear, and then turned left, running the red light.

Defense lawyers said players maintain that there was no sex at all. They said the accuser concocted the story, that she was drunk and injured late March 13 when she arrived at the three-bedroom house at 610 N. Buchanan Blvd.

"Two young men have been charged with crimes they did not commit. This is a tragedy," Bob Ekstrand, who represents team players, said Monday in a prepared statement. "For the two young men, an ordeal lies ahead. They do not face it alone; they face it with the love of family and friends and strengthened by the truth. They are both innocent."

Superior Court Judge Ronald Stephens sealed a manila envelope containing the indictments shortly after the grand jury finished its business Monday. The judge cited a state law that requires everyone involved in a case, including witnesses, to keep the indictment secret until a suspect is arrested.