News & Observer | newsobserver.com | Duke Lacrosse Controversy

Published: Jan 12, 2007 12:30 AM
Modified: Jan 12, 2007 05:26 AM

Duke attack story shifts

The accuser in the sexual assault case gives a new take; lawyers are incredulous

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THAT WHITE TOWEL

A white towel made its debut in the accuser's statement of Dec. 21.

"Someone opened the door and handed them towels and they started wiping me off, Dave Evans off and wiping up the floor ... a white towel and left it on the floor," the accuser told investigator Linwood Wilson.

This is the woman's first mention of a towel. Police found a white towel in Dave Evans' bedroom when they searched the house March 16. DNA tests revealed Evans' semen and DNA of another person. Tests showed the other DNA could not have come from the accuser or any other lacrosse player.

Defense lawyers ridiculed the notion that the towel could have been used in the attack. No DNA from any of the players was found in or on the accuser, only DNA from unidentified men.

This "would require the belief that this towel could wipe away all DNA from her attackers on the accuser's body, but leave the DNA of other, unknown males," according to the defense motion filed Thursday. "It further requires the belief that the accuser's face and vagina could be wiped with this towel, but leave no trace of her DNA on the towel."

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The confusion extends to who did what during the alleged assault.

In April, the woman looked at a picture of Reade Seligmann and said she was 100 percent certain that he forced her to perform oral sex. On Dec. 21, she said it was Evans who forced the oral sex.

She said Seligmann helped pull her into a bathroom for the assault but had cold feet about taking part "because he was getting married." Seligmann is neither engaged nor married.

In the latest statement, the woman says she arrived at the party at 11:10 p.m. on March 13, that she had a drink and danced for several minutes, and that the rape began at 11:40 p.m. and ended at midnight.

Her cell phone records included in court filings show that she was on the phone much of this time.

If her latest account is true, she made a seven-minute call to someone at her father's house while she was performing an erotic dance at the party, and was on the phone up to one minute before she says the assault started.

In all previous accounts, the woman said the attack ended shortly before she left in the car driven by Kim Roberts, the second dancer. Roberts called 911, reporting that she was the target of racial epithets as they left at 12:53 a.m., police records show.

The new account leaves 50 minutes unaccounted for between the end of the attack and the departure from the party.

The accuser's assertion that the assault ended at midnight contradicts time-stamped photos showing the two women dancing between midnight and 12:04 a.m.

A mustache or stubble?

Another problem in the case was the woman's identification of Evans.

On April 4, she viewed a photograph of Evans and said it looked like one of her assailants, except that the assailant had a mustache. On Dec. 21, Wilson asked her to describe Evans' mustache.

"It wasn't a real mustache, like yours," she told Wilson, who has a full mustache. "It was like stubble or a shadow."

"Like a 5 o'clock shadow?" Wilson asked.

"Yes, like that," the woman said.

Evans has a visible 5 o'clock shadow in the photograph.

(Staff writer Michael Biesecker contributed to this report.)


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Staff writer Joseph Neff can be reached at 829-4516 or jneff@newsobserver.com.
Staff writer Michael Biesecker contributed to this report.
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