Duke lacrosse atty. claims pictures exonerate players

Today's Herald Sun includes a report on a claim by a Duke lacrosse player's attorney claiming that time-stamped pictures show that the alleged victim was (a) already bruised up before attending the party and (b) passed out outside rather than returning inside at the time of the alleged rape. However, the attorney refused to identify who took the pictures or to provide them to the Herald Sun, so it's unclear if these claims have any merit.

Here is the story:

A defense attorney says pictures taken at the now-infamous Duke University lacrosse party last month contradict an exotic dancer's allegations of being raped, beaten and strangled by three players.

The photos show the woman attempting to get back inside the house at 610 N. Buchanan Blvd. where the attack allegedly occurred on the night of March 13-14, said attorney Bill Thomas, who represents one of the lacrosse players.

"She had a big smile on her face," Thomas said.

Then the woman fell down at the back door of the house and lay on the ground "for quite some time" as if she were intoxicated or asleep, Thomas added.

In addition, the time-stamped photos indicate the woman was severely bruised on her legs and face, and had cuts on her legs, knees and feet when she arrived at the home -- and before the rape allegedly occurred -- Thomas said.

He said the photos clearly show "there is no way she was assaulted at all, much less in the manner she described."

Thomas declined to allow The Herald-Sun to view the pictures.

Two other lawyers associated with the case, who declined to be named, corroborated Thomas' description of the photos. The defense attorneys said they might soon make the pictures public.

...The camera used to take the pictures at the party has been tested and calibrated to guarantee the accuracy of its time stamps, according to Thomas.

Thomas said the photographs were taken by a student, but "not necessarily one of the lacrosse players." He declined to be more specific.

Previously, authorities have suggested that only lacrosse team members were at the party. DNA tests were ordered for all 46 white members of the lacrosse team. The victim said her attackers were white.

So who is this mysterious witness? And why didn't the authorities know that someone who wasn't on the team was at the party?

Comments

[Igor]

There just seems too many holes in the story. Timeline. 911 call. Delay in reporting to police. Injuries. Etc.

Do we know for sure if doctors determined that her external injuries (bruises, "strangulation" marks, leg injury) are consistent with rape? Or falling off the porch? I would think those would not be difficult to tell apart.

[Tom C]

The case is finished with the DNA evidence leaked today.

The defense has met Nifong's standard of "guilty until proven innocent."

[Amicuriae]

When DNA evidence is sought from a rape victim by forensic medical technicians, the search is not limited to seminal fluid but includes foreign pubic hair and folicles combed from the victim's genital region. Aside from the DNA in the folicles, pubic hairs can be matched to an alleged rapist. There is no such thing as immaculate sexual intercourse (especially when multiplied by three), and even a condum would leave behind a detectable residue of lubricant. The DA hasn't sought a warrant for pubic hair samples, so it is unlikely that foreign public hair was found on the accuser - you need probable cause to obtain a search warrant, and without foreign pubic hair to be matched there is no probable cause to support an application. The accuser also claimed she broke off false nails while clawing one of her attackers-- so, if true, there would have been skin cells on those recovered nails, as well as the nails she didn't lose, which would provide DNA verification of her story. What we have is a DA on the horns of a dilemma: the scientific evidence completely contradicts most of the accuser's lurid tale, yet he has staked his reputation by puffing to the press that he has sufficient evidence to make a case against the Duke lacrosse players. By bringing a case the scientific evidence refutes, he risks not only a defeat at trial, but also a subsequent civil action for malicious prosecution - one that could prove quite expensive for Durham County. What you will probably see within two weeks is the accuser make a dramatic statement admitting her false report as part of a plea deal. That is the only way the DA can save face at this juncture.