DURHAM, N.C. – A second stripper in a rape case that rocked the prestigious Duke University told police early in their investigation that the alleged victim's allegations seemed untrue, according to court papers.
The statement by Kim Roberts about a March 13 lacrosse team party was cited in a filing Thursday by lawyers for Reade Seligmann, 20, one of three team members charged in the case. In the statement, Roberts said the accuser was out of her sight for only five minutes.
According to a March 20 statement written by a police investigator, Roberts "stated that she heard that (the accuser) was sexually assaulted, which she stated is a 'crock' and she stated that she was with her the whole time until she left."
The defense lawyers argue that prosecutors omitted that statement when they got court permission in March to obtain photographs and DNA samples from team members.
District Attorney Mike Nifong's office declined to comment Thursday on the defense allegations.
Both women had been hired to perform at the party as strippers.
In an April interview with The Associated Press, Roberts said she initially doubted the accuser's story but had changed her mind.
"I was not in the bathroom when it happened, so I can't say a rape occurred — and I never will," Roberts said. But she added, "In all honesty, I think they're guilty."
The accuser has told police she was dragged into a bathroom and raped, beaten and choked for a half hour.
Seligmann and two other players — Dave Evans, 23, and Collin Finnerty, 19 — have been charged with first-degree rape, sexual offense and kidnapping in the case.
Defense attorneys have said they believe Roberts changed her story to gain favorable treatment in a separate criminal case. She was arrested March 22 on a probation violation stemming from a 2001 conviction for embezzling $25,000 from an employer.
In April, a judge agreed to drop a requirement that Roberts pay a 15 percent fee to a bonding agent to get out of jail, with Nifong signing a document saying he did not oppose the change.
Also included in the filing Thursday were 23 pages of sealed medical records regarding a medical examination of the accuser. In their filing, defense lawyers say the examination showed only a small scratch on the accuser's knee, a cut on her heel and vaginal swelling.
The lawyers also say the accuser told a nurse who examined her that she was not choked and that no condoms were used by her attackers. Defense attorneys have said that DNA tests showed material recovered from the victim matched a single male source who was not a member of the lacrosse team.