Published May 24, 2006
DURHAM, N.C. – The woman who has accused three members of the Duke University lacrosse team of raping her at an off-campus party told investigators several different stories about the night of the alleged incident, sources close to the defense team representing the players have told FOX News.
The differing accounts are included in the 1,300 pages of evidence delivered to defense lawyers last week by Durham District Attorney Mike Nifong, the sources said.
Nifong had no immediate comment on the information said to be included in the documents. The information also has not been verified by police sources.
Meanwhile, the Durham Herald Sun reported Tuesday that medical records of the 27-year-old accuser suggest she might not have been tested for drugs or alcohol, according to a defense filing Monday. Defense lawyers for suspect Reade Seligmann say they were not given any toxicology reports by Nifong.
Nifong told a local Durham radio station that he turned over all the evidence he has and that he will hand over any new information to the defense when he gets it.
Seligmann, of Essex Falls, N.J., is one of three Duke lacrosse players who have been indicted in connection with the case. Sophomore Collin Finnerty of Garden City, N.Y., and senior David Evans of Bethesda, Md., also have been charged with first-degree charges of forcible rape, sexual offense and kidnapping. All players are proclaiming their innocence.
Regarding the 1,300 pages of evidence, sources told FOX News that the accuser allegedly did not tell the officer who met her at a supermarket after responding to a 911 call that she had been raped. Later, the woman told a doctor at a mental health facility that she had been sexually assaulted. She later denied that claim to a police officer when she arrived at the Duke hospital for care.
At least two sources also said there may be a discrepancy in the number of men the accuser says were involved.
The woman also originally claimed that a second dancer who accompanied her to the party, Kim Roberts, was inside the bathroom during the alleged rape, the sources said. The accuser claims she was assaulted and sodomized in that bathroom for about a half an hour and that she tried to fend off her attackers.
When police asked Roberts whether she was in the room at the time, Roberts reportedly told police, "that's a crock."
Defense sources also say the accuser admitted to having had sexual intercourse with at least three men around the time of the alleged attack. According to those sources, when investigators questioned her after DNA tests on the semen found inside her body did not match any of the Duke players, the accuser gave police the name of her boyfriend and two men who drove her to her dancing engagements.
The drivers say in police statements that they brought the accuser to at least five separate gigs the weekend before the alleged attack, defense sources said.
According to the sources, the papers handed over by Nifong also reveal that the forensic nurse who did a gynecological exam on the accuser did not find abrasions, tears or bleeding in the vaginal area, which is often present in forcible rapes. They say she did find swelling in the vaginal area along with tenderness in the accuser's breasts and lower right quadrant.
Several people described the accuser as being severely impaired on the night of the incident, with one of the first police officers to see her describing her as "passed out drunk." But some have suggested she may have been given a date-rape drug. Nifong apparently hinted at this possibility in a story published in Newsweek earlier this month.
The Durham Herald Sun reported Tuesday that the nurse who filled out a report on the physical exam given to the accuser indicated no toxicology tests were performed, according to the defense motion filed Monday by Seligmann's lawyers.
The lawyers said no toxicology information was contained in the 1,278 pages of data Nifong gave them last week. But if such a report exists, the lawyers said they have a right to see it and asked a judge to force Nifong to turn it over.
Nifong declined to comment to The Herald-Sun on this information.
But he told WRAL radio in Durham: "If there was a toxicology report available, it would've been included in the discovery I handed over to the defense."
Seligmann's attorneys want a judge to order prosecutors in the case to provide any reports "generated from blood, urine or other biological samples" collected from the accuser.
FOX News' Megyn Kendall contributed to this report.