DURHAM, N.C. – One of the three Duke University lacrosse players accused of rape appeared in court Tuesday on a noise complaint and was convicted, even though a roommate had been acquitted of the same charge.
David Evans, a recent Duke graduate, attended the hearing but did not testify. He would not comment when he entered court.
The charge against Evans stemmed from a party Jan. 10, when a neighbor complained to police after midnight about noise.
Durham District Court Judge Elaine Bushfan ordered Evans to pay $110 in court costs and entered a judgment that means no conviction will appear on his record even though he was found guilty.
Evans, 23, of Bethesda, Md., Reade Seligmann, 20, of Essex Fells, N.J., and Colin Finnerty, 19, of Garden City, N.Y., are charged with raping a woman hired to perform as a stripper at a March 13 team party, held at the house Evans and fellow lacrosse player Dan Flannery shared with a third teammate.
Last month, another judge acquitted Flannery of violating the noise ordinance and said authorities "could make better use" of the court's time without bringing such minor offenses to trial.
Attorneys for all three players charged with rape have strongly proclaimed their clients' innocence.