6B THE UNIVERSITY DAILY KANSAN
TUESDAY, APRIL 11, 2006
NCAA
SPORTS
Defense uses past against alleged rape victim
BY ALLEN G. BREED THE ASSOCIATED PRESS
DURHAM, N.C. — By releasing embarrassing details about the stripper who claims she was raped at a party held by Duke University's lacrosse team, the players' attorneys are employing the same strategy used successfully to defend NBA star Kobe Bryant against rape charges: publicly attack the accuser's credibility.
"This is what the defense does, is try to smear the victim in the public and make it impossible to get a jury," said Eagle County, Colo., District Attorney Mark Hurlbert, who charged Bryant.
No one has been charged in the Duke case. The heavily anticipated results of DNA tests on the players were completed Monday. Prosecutors declined to discuss the results, which were being sent to defense attorneys.
While awaiting those results defense attorneys have tried to portray the accuser as a liar whose story doesn't add up.
Over the weekend, they told reporters that photos taken at the party showed that the woman was injured even before she arrived and impaired. And while answering questions about their clients' legal troubles — about a third of the current team has been charged in recent years with public urination, underage possession of alcohol and disorderly conduct — they have suggested that the woman's own criminal past undermines her credibility.
She pleaded guilty to misdemeanor counts of larceny, speeding to elude arrest, assault on a government official and driving while impaired, and spent some weekends in jail.
They pointed to a June 2002 incident in which the alleged victim stole the taxi of a man she was giving a lap dance at a Durham strip club. Court records say she led a sheriff's deputy on a winding chase at up to 70 mph, and tried to run him down.
The players' attorneys have also attacked the woman's statement to police that she and another dancer left the party in fear after the crowd became "excited and aggressive," returning only after one player apologized.
Wendy Murphy, a former Massachusetts prosecutor and adjunct professor at Boston's New England School of Law who teaches a seminar on sexual violence, said releasing details of the photos was a sign that lawyers were worried the DNA testing would produce a match with some of the players.
"If the DNA isn't going to match, they wouldn't need to do this," she said.
Karl DeBlaker/THE ASSOCIATED PRESS
A crowd of protestors gathers at the site of the alleged rape involving members of the Duke lacrosse team Sunday in Durham, N.C.
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