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Accuser claimed she was raped in 1996 report

4/28/2006

DURHAM, N.C. -- A jury might never hear about the rape allegations made to police 10 years ago by the exotic dancer who says she was raped last month by three Duke University lacrosse players, a prosecutor said Friday.

District Attorney Mike Nifong said North Carolina's rape shield law lists "narrowly defined categories" under which evidence of an accuser's past sexual history is allowed as evidence. The court must hold a hearing to determine if the evidence meets those categories and to decide how it can be presented.

"In short, the jury that decides this case may or may not hear
the 'evidence,"' Nifong said.

"The media are not bound by the same rules that govern our
courts," he said. "Their decisions on what to report and how they
report it [can] have a substantial impact on the ability of our
system to effectuate justice. That impact is often positive.
Unfortunately, it can also be negative."

In the 1996 report, the woman claims she was raped and beaten by three men when she was 14 years old. Authorities said none of the men named in the report was ever charged with sexual assault in nearby Granville County, where the woman said she was attacked.

Nifong's office contacted Creedmoor police Friday morning, seeking information about the incident report, said Mayor Darryl Moss. He and police Chief Ted Pollard said officials there are
continuing to look for additional records, but have so far been
unable to locate any other paperwork.

Relatives told Essence magazine in an online story this week
that the woman declined to pursue the case out of fear for her
safety.

A phone number for the accuser has been disconnected, and her
father said Thursday night he remembered little about the incident
except going with police to a home where he said his daughter was
being held "against her will."

The existence of the earlier rape report surprised defense
attorneys in the Duke case, who have sought information about the
woman's past for use in attacking her credibility.

"That's the very first I've heard of that," said Bill Cotter, the attorney for indicted lacrosse player Collin Finnerty. He
declined additional comment.

Finnerty and fellow Duke player Reade Seligmann are charged with
first-degree rape, kidnapping and sexual assault and face a hearing
May 15.

The accuser is a 27-year-old student at North Carolina Central
University in Durham who told police she was hired to dance at a March 13 party.

Seligmann's legal team earlier this week filed a motion seeking
her medical, legal and education records. The lawyers also asked
for a pretrial hearing to determine if she is credible.

On Friday, Cotter filed a motion seeking all material related to
the case, including witness and defendant statements, tests and
examination results, investigators' notes and any potentially
exculpatory evidence.

According to the Creedmoor police report in August 1996, when
the woman was 18, she told officers she was raped and beaten by
three men "for a continual time" in 1993. She told police she was
attacked at an "unspecified location" on a street in Creedmoor, a
town 15 miles northeast of Durham.

Asked Thursday if she was sexually assaulted, her father said,
"I can't remember." In an interview with the News & Observer of
Raleigh, posted Thursday night on the newspaper's Web site, he said
the men "didn't do anything to her."

The report lists the names of the three men, but no other
details.

Durham police Officer Brian Bishop, who interviewed the accuser
in 1996 while working on the Creedmoor force, said Thursday he had
a vague recollection of the report. He said he could not remember
any details. Reached Friday, Bishop said he could no longer discuss
the case.

Before Seligmann and Finnerty were indicted, attorneys for the
players pointed to the accuser's criminal history when answering
questions about their clients' legal troubles. The woman pleaded
guilty to several misdemeanors in 2002.