- The Washington Times - Thursday, May 18, 2006

12:34 p.m.

DURHAM, N.C. (AP) — An attorney for one of three Duke University lacrosse players charged with rape wants prosecutors to release evidence they have collected, including the cell-phone logs and any criminal history of the accuser.

Reade Seligmann was due in court this afternoon for his first appearance since his indictment last month. His attorney, Kirk Osborn, wants to use what normally would be a brief hearing to ask the judge for records compiled by authorities during their investigation, as well as a reduction of Mr. Seligmann’s bond.

“We want to find out what [the prosecutor] has and what he doesn’t have,” Mr. Osborn said.

It was not clear whether Mr. Osborn would get the chance. A busy court schedule could prompt the judge to hear Mr. Osborn’s motions at a later date.

A grand jury indicted Mr. Seligmann, 20, of Essex Fells, N.J., and Collin Finnerty, 19, of Garden City, N.Y., last month on charges of rape, sexual offense and kidnapping involving a woman who had been hired to strip at a team party in March. A third player, co-captain David Evans of Bethesda, was indicted Monday on the same charges.

Among the three, only Mr. Evans has spoken publicly about the charges. On Monday, he called the claims “fantastic lies” and declared that he, Mr. Seligmann and Mr. Finnerty are innocent. All three players are free on $400,000 bond each.

District Attorney Mike Nifong has said he does not expect more indictments.

Mr. Finnerty also had been scheduled to appear in court today, but a judge moved his hearing to mid-June after defense attorneys said Mr. Nifong had informed them he wouldn’t be finished with evidence discovery.

Mr. Osborn didn’t want to wait and filed a motion yesterday seeking additional evidence. That includes complete recordings of all relevant 911 calls, police dispatch logs and evidence relating to past criminal charges filed against the accuser and the other woman hired to dance at the party.

“If it’s true that the district attorney doesn’t have discovery of substance, then I want to know why, because certainly he should have what he relied on to get an indictment,” Mr. Osborn said.


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