Can the Durham Prosecutor Make the Case?

This is a partial transcript of "Special Report With Brit Hume" from April 18, 2006, that has been edited for clarity.

(BEGIN VIDEO CLIP)

BILL COTTER, DEFENSE ATTORNEY: The grand jury, as you know, has indicted them, they hear one side of the story, they almost always ind ict. The next jury will hear the entire story, which includes our evidence and we’re confident that these young men will be found to be innocent.

(END VIDEO CLIP)

BRIT HUME, HOST: Two Duke University students turned themselves in to police in Durham, North Carolina today after being charged with kidnapping and raping a hired stripper. Collin Finnerty and Reade Seligmann, both 20 years old are members of the university’s lacrosse team. There are new questions tonight though about whether the prosecutor can make this case. FOX News correspondent DNA whatsoever, no match. But, but —

HUME: We have DNA, we just don’t have a match?

KENDALL: No match whatsoever. But the DA is supposedly — my sources tell me — running tests, not a second round on the DNA that they took from the cheek swabs, but a hair test. Some of the players were forced to turn over hair, normal hair and pubic hair and those are going to be tested against what was found on the victim.

HUME: When will expect to hear about that?

KENDALL: I’ve just been told that it could happen as early as Wednesday.

HUME: What about evidence on the other side, if any?

KENDALL: Well today we got a potential bombshell revelation from defense attorneys who suggested they may have alibi evidence for the two guys who were charged, for one and/or both of the two guys who were charged. In other words, taxi cab receipts, credit card receipts and or ATM receipts that show one or both of these guys was not at the house where the attack took place at the time of the alleged attack. Now, if that’s true, that could be a potential bombshell for the defense.

HUME: Now do we know anything more about the sequence of events on the night in question involving this woman, the story she’s told, where she went or any of that that would inform us on how to judge this case?

KENDALL: Well we know that allegedly the attack took place around 12:40 a.m. or after midnight. The two women arrived there around 11:30. Then we know that by two hours later she was at a medical facility being examined for the rape test. Prosecutors that I know, not on this case but prosecutors tell me that is bad for the prosecution.

HUME: Why?

KENDALL: Because it’s two hours after the alleged rape. She hasn’t showered, she hasn’t done anything to clean up in between the alleged attack and the time she’s examined, and still no DNA. Notwithstanding the allegations that it was a 30 minute rape by three guys in a small area, a bathroom, that was brutal and had her allegedly clawing at and scratching the attackers. And so prosecutors who have nothing to do with this case, no dog in a fight — are telling me that’s a serious problem, they wouldn’t want to prosecute that case.

HUME: Now the suggestion is that these may have been people who weren’t there. Is there any idea how they might have been chosen? Do we have any insights as to what could have been the motive for choosing these two? It has been a little unclear as to whether she really knew which if any of these attackers did this.

KENDALL: Right.

HUME: What do we know about these particular people?

KENDALL: We know originally the police said that the alleged victim gave three names as her attackers, Matt, Adam and Brett.

HUME: None of these are named that?

KENDALL: No. Now we have —

HUME: At least two of them —

KENDALL: The two charged are Collin and Reade, so what happened to Matt, Adam and Brett, well we don’t know. But, one of the theories that is being spun at this point suggests that the two guys who have now been arrested are the two most affluent players on the team and their families’ names and addresses and phone numbers were listed on a Web site called justice for her, a blogspot.com Web site that supports the alleged victim in this case.

HUME: So the theory being that somebody could have looked up on the Web site, found out where they lived, had somebody check it out, find out who had money, it seems a little bit of a stretch but interesting.

KENDALL: It is.

HUME: All right Megyn, thanks very much.

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