News| Duke Rape Case | Durham D.A.: No Need for Further Indictments

News| Duke Rape Case | Durham D.A.: No Need for Further Indictments

Published February 11, 2008

Updated May 16, 2006 – Durham District Attorney Mike Nifong said Tuesday that he doesn't foresee any further indictments in the alleged Duke rape case.

Nifong's statement comes one day after a third Duke lacrosse player was indicted in the alleged gang-rape of a Black exotic dancer at an off-campus team party March 13.

"None of the evidence that we have developed implicates any member" of the team other than the three charged, Nifong said.

 

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Surrounded by a sea of reporters and team members, 23-year-old David Evans became the first of three accused players to speak out. He told the crowd gathered outside the Durham county magistrate’s office that he was “absolutely innocent of the charges” brought against him.

"These allegations are lies. Fabricated. And they will be proven wrong," Evans said. "It did not happen. I will be acquitted of all these charges because I have done nothing wrong and I have told the truth. I have told the truth from day one."

Evans told reporters that when police entered into his home two months ago and started to read the search warrant, he and his housemates voluntarily tried to help police find evidence for about an hour.

 He said they told police that if they had any questions, they would be more than happy to answer, to show them that nothing happened the night of the March 13 party. 

Evans said right after the search, he went to the police station and gave a statement without a lawyer present; he willingly gave DNA samples; he turned over his e-mail account; and he offered to take a polygraph test, which officials refused.

Evans said he and his lawyer, Joseph B. Cheshire, repeatedly tried to reach out to Nifong, before Monday's indictment, but the attempts were “denied.”

Evans said he and his lawyer had arranged for a private polygraph test given by the FBI expert. "I passed it absolutely," he said. "I've never had my character questioned before. Anyone who's met me knows that this didn't happen."

Evans said his two teammates, sophomores Reade Seligmann and Collin Finnert, are also innocent.

“Every member of the Duke lacrosse team is innocent,” he said. “You all have been told some fantastic lies.  And I look forward to watching them unravel in the weeks to come, as they already have in weeks past.”

Evans’ lawyers said Monday that Nifong does not have the DNA evidence to back his charges, because two DNA tests, one given by the state of North Carolina and one by a private lab, failed to link any of the players to the woman.

“In fact, the only single-source male DNA shows that it was someone other than a Duke lacrosse player, and yet Mr. Nifong has chosen again to indict.”

In a photo lineup last month, the 27-year-old North Carolina Central University student and mother of two said she was 90 percent sure that Evans was one of three White men who attacked her .

She then was asked if she was certain. Her answer: “Well if he had the mustache that he was wearing the night of the attack, I would be 100 percent sure.” Chesire said that David Evans has never had a mustache.

Shortly after turning himself in Monday, Evans posted a $400,000 bond. 

 

Written by BET-Staff

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