Durham DA pursues third arrest

District attorney Mike Nifong issued a statement today that indicates a continued investigation into a reported rape by three men at a Duke University lacrosse party in March. Two men were arrested this morning.

"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.

Reade Seligmann, a sophomore from Essex Fells, N.J., and Collin 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."

Larry Moneta, vice president of student affairs at Duke University, issued a statement this afternoon stating that the university is prohibited from releasing information about disciplinary matters, but that it is the university's practice to suspend students charged with felonies or when the student’s presence on the campus may create an unsafe situation.