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Sunday, July 2, 2006

Duke Case: Reade Seligmann's Alibi in Detail

updated: 1:15 p.m. July 2, 2006

The parents, Maryellen and Kevin Finnerty, of Collin Finnerty have now indicated that Collin like Reade Seligmann has a solid alibi that eliminates any possibility he participated in a crime at the Duke lacrosse party on March 14, 2006.

Here is a detailed review of the alibi evidence that Reade Seligmann's attorneys presented two months ago on May 1, 2006.

---------------------------------------------------------------------
Neighbor - Jason Bissey Statement

Jason Bissey next door neighbor

The undersigned, Jason Alexander Bissey, after being duly sworn, deposes and says as follows:

1. This affidavit is my account of the events of the evening of March 13, 2006 and the early morning hours of March 14, 2006 at 610 N. Buchanan Blvd. Durham, NC. I live next door at 608 N. Buchanan Blvd., Durham, NC.

2. At the approximate hour of 2 p.m. on Monday, March 13, 2006, I had noticed that a group of young men were playing a game of "washers" and drinking beer in the back yard of 610 Buchanan as I left the house on foot. I remember in particular one young man wearing a sort of suspenders-like harness that would hold two cans or bottles of beer. My roommate, Derek Anderson, also recalls seeing this back-yard game occurring on this day.

3. I returned to my residence at approximately 11:30 p.m. on Monday. After getting a bottle of beer from my kitchen, I proceeded to my porch to smoke a cigarette. It was at this point that I noticed that the party from earlier in the day was still in effect next door at 610 Buchanan. I noted that some men were still lingering in the back yard of 610.

4. At approximately 11:50 p.m., I saw from porch that a car had been stopped directly in front of 610, and noted that two young women, both appearing to be African-American, were walking from the direction of the car and proceeding to the back-yard entrance of 610. One of the two was dressed in an extremely short tan skirt and was wearing high heels. Her hair was pinned up above her ears. The other women was more conservatively dressed in pants and a sweater or blouse of some sort, and her hair was shoulder-length and curly. The two women briefly spoke with one of the men who was in the back yard. I remember hearing that he lived "at the other house," which in retrospect I assume to be the house on Urban Ave. that also was rented to Duke lacrosse team members. This man then left in the direction of Watts St., apparently to residence to which he had just referred. Another young man spoke briefly with the two women just outside the back door of 610, and then proceeded indoors. At this point no one was outside of 610 besides the two young women.

5. A very brief conversation between the two women ensued, which I observed by switching to another chair on my porch. The more conservatively dressed woman noticed me at least once, when we made eye contact. She was speaking to the more proactively-dressed woman in a tone that I deduced through body language to be sort of coaching, as if she was preparing her for something that she herself was comfortable with, but needed to talk the woman with the short skirt through it. I did not overhear any specific words at that time. Twice that I noticed during this conversation, a man or two different men opened the back door of 610 and spoke to the women, and the more conservatively dressed woman responded both times something to the effect that they would "be right there," or "just give us a minute."

6. I saw the women enter 610 together. After a moment, I remember quite specifically noting that it was Midnight. The reason I know it was Midnight is because I looked at my cell phone and noted the time. At approximately 12:05 a.m. on Tuesday, I re-entered by house and took a shower. As I was getting re-dressed in my bedroom, which is on the opposite side of the building from 610, I heard loud voices outside. i had left my front door open, and the voices were carrying from in front of my residence, as well as open windows along the alley between 608 and 610.

7. At this point, anywhere from 12:20 a.m. to 12:30 a.m., I observed 20 to 30 young men in the alley between my residence and 610 Buchanan, and on the sidewalk in front of my building. From the front living room of my house, I heard men yelling amongst themselves about money. Specifically, I heard one man call sarcastically at one of his peers that it was "only $100 bucks" that he had apparently spent. It is not clear to me exactly when I noticed one of the men was leaning into the driver's side window of the car that was parked directly in front of 610, but it appeared that he was having a conversation with whomever was in the vehicle at the time.

8. Because of the agitated nature of the men in the alley and in front of my residence, I kept a close watch on the situation. I was weary of revealing my presence to the group of men for fear of some kind of reaction or retaliation, as the tenor of their dialogue seemed quite heated at that point. Through the windows of my house I monitored the situation, debating with myself whether notifying the police would be a prudent course of action. Eventually, the situation seemed to have subsided, with some of the men calling to each other "guys, let's go" repeatedly in an effort to disperse the party, and the conversation between the women who were apparently in the car and the young man at the driver's window seeming to be calm.

9. I noted that the skimpily dressed women had exited the car, saying something to the effect that she would go back into 610 to retrieve her shoe. She seemed agitated, but not hysterical. I left the front door open so that I could hear if the situation flared up again. I would estimate that the young women left the car at around 12:30am.

10. At this point, I believe that I was in my bedroom checking email and reading the news. At some point, I heard a renewed commotion outside. I estimate that another 15-20 minutes had elapsed, making the time approximately 1:00 a.m. As I opened the screen door to my residence and stepped onto my porch, the car that I had seen parked in front of 610 was driving north on Buchanan towards Markham, and young men were beginning to disperse from the house. Most of the men were walking towards Duke's East Campus, but some to the west towards Watts St. Before the car that was parked in front of 610 sped off, I distinctly heard one young man's voice who was walking towards East Campus. He yelled at the car that was driving off. "Hey bitch, thank your grandpa for my nice cotton shirt."

11. Within five minutes, the situation was total silence. It appeared that the party had dispersed completely, and no cars were left in the vicinity. Shortly, a few Durham police officers arrived in the alley driveway and asked me if I saw where any of the young men had left to. I told the officer that most of them seemed to have gone eastwardly, towards Duke's east campus. The officer thanked me and I proceeded to bed.

12. The above-stated paragraphs are in substance what I prepared in typed form on Friday, March 31, 2006.

This the 26th day of April, 2006.

Jason Alexander Bissey

---------------------------------------------------------------------

I, Danielle Laor, the undersigned, declare as follows:

1. I am the duly authorized custodian of records of Verizon Wireless.

2. I am authorized to certify copies of records as follows:

A. ...records for the following cellular numbers: 973-953-4832 (Reade Seligmann), and for the following months of service 3/13/06 - 3/14/06.

[...]

6. ...I declare under penalty of perjury that the above is true and correct.

Executed on 4/28, 2006 at Branchburg, NJ

Danielle Lolor
Verizon Wireless Custodian of Records

Reade Seligmann's cell phone records:

March 13th:

12:01 - 1:34 a.m. - 23 calls
10:29 - 11:36 a.m. - 12 calls
12:56 - 3:17 p.m. - 17 calls
6:16 - 7:45 p.m. - 8 calls

11:50:58 p.m. incoming call from cell phone based in Chapelhill, NC -- lasts 85 seconds

March 14th:

12:05:49 a.m. call goes to his girlfriend -- lasts 32 seconds
12:06:24 a.m. call goes to his girlfriend -- lasts 33 seconds
12:07:03 a.m. call goes to his girlfriend -- lasts 36 seconds
12:09:14 a.m. call goes to cell phone based in Cranford, NJ -- lasts 23 seconds
12:09:57 a.m. call goes to cell phone based in Cranford, NJ -- lasts 13 seconds
12:10:14 a.m. call goes to his girlfriend -- lasts 26 seconds
12:12:16 a.m. call goes to his girlfriend -- lasts 20 seconds
12:13:33 a.m. call goes to his girlfriend -- lasts 33 seconds
12:14:46 a.m. call goes to the cab company (973-953-4832) -- lasts 58 seconds
12:16:03 a.m call goes to cell phone based in Cranford, NJ -- lasts 11 seconds
12:20:50 a.m. call goes to cell phone based in Cranford, NJ -- lasts 12 seconds
12:21:44 a.m. call goes to cell phone based in Cranford, NJ -- lasts 32 seconds
12:22:24 a.m. call goes to cell phone based in Cranford, NJ -- lasts 34 seconds
12:23:10 a.m. call goes to his girlfriend -- lasts 22 seconds
12:25:08 a.m. call goes to his girlfriend -- lasts 36 seconds

7:18 - 7:20 a.m. - 4 calls
10:12 - 10:18 a.m. - 4 calls
12:22 - 12:50 p.m. - 9 calls
2:57 - 3:26 p.m. - 7 calls
4:06 - 4:57 p.m. - 14 calls
5:04 - 5:59 p.m. - 11 calls
6:01 - 6:55 p.m. - 9 calls
8:03 - 8:47 p.m. - 12 calls
9:18 - 9:19 p.m. - 2 calls

---------------------------------------------------------------------
Robert Wellington, sophomore Duke Lacrosse team.

Robert Wellington

NOW COMES the undersigned, ROBERT WELLINGTON, after being duly sworn, and deposes and says:

1. I am student at Duke University and a member of the lacrosse team. One of my teammates is Reade Seligrnann Reade is a fine athlete and an excellent student on our team.

2. I was at the lacrosse party at 61 0 N. Buchanan Blvd. in Durham, NC on March 13 running over to March 14, 2006. After the two women danced for a few minutes in the main livingroom, they then left the main living room.

3. Shortly thereafter, I then left the residence through the back door and talked to Reade. As, I went out the back door, I did not see or hear anything unusual. Once outside, I saw Reade, who appeared normal in all respects. We were both tired fiom playing golf that afternoon, and we had practice the next day. In addition the dancers had stopped dancing and were obviously impaired when they left the main living room. Reade said he had just called a cab and asked if I wanted to leave with him. We walked down the alley to Watts Street, took a left and walked to the corner of Watts Street and Urban Avenue (about a block from 610 N. Buchanan Blvd.) to wait for the cab. Our plan was to go to the Cookout Restaurant, get takeout food, and go to our respective dorms.

4. The taxi van from "On Time Taxi & Shuttle Company" came to pick us up within a few minutes. He picked us up at the corner of Watts Street and Urban Avenue. Reade needed to get some money so the taxi driver drove us to Wachovia Bank at the comer to West Main Street and Ninth Street. The drive took about three or four minutes.

5. The taxi driver stopped next to the ATM machine. Reade exited the taxi, used his ATM card, obtained money from the ATM machine, and re-entered the taxi van. We spent about a minute or two at the ATM machines.

6. After Reade returned to the taxi, the driver drove us directly to the Cookout Restaurant. Because we ordered a lot of food, we were at the Cookout Restaurant for more than five minutes.

7. The taxi driver then drove us to Duke University's West Campus by going down Hillsborough Road to 15-501 South to Morreene Road to Edens Dorm. Reade and I live in different dorms in West Campus. We parted company at the end of the fire lane that backs up to Edens. I went directly to my dorm. I swiped my card through the security card reader located at the bottom level of McClendon Tower at 12:46 am. on March 14,2006. I entered and took the elevator to the 4"' Floor. From there I walked to Few Quad HH1 (my dorm) and swiped my card through the security card reader at 12:49 a.m.

8. I was with Reade the entire time from when we left the house on 610N. Buchanan Blvd. until we exited the taxi van at end of the fire lane a few minutes before 12:46 a.m. to enter our dorms.

9. It was a strict policy of the Duke Lacrosse Team that no team member could have a mustache.

This the 29th day of April, 2006.

Robert Wellington

---------------------------------------------------------------------

Cab Driver- Moezeldin Ahmad Elmostafa a.k.a. Moez Mostafa

Moez Mostafa owner of On Time Taxi

NOW COMES the undersigned, after being duly sworn, and deposes and says:

1. I am a cab driver and part owner for On Time Taxi & Shuttle Company in Durham, North Carolina. We use a cellular telephone in our business which is issued to my partner Marnoon Azzain. The number for this cellular telephone is 919-730-5337. We advertise this telephone number as a number potential customers can call for service. The cellular telephone provider for this number is Sprint and our business regularly receives telephone bills from Sprint indicating in part the telephone number of the person call us for service. Attached is a copy of our bill from Sprint for our cellular telephone for the period around March 14,2006.

2. On March 14,2006, I received a telephone call from a man requesting that I pick him up at the corner Watts Street and Urban Avenue in Durham, North Carolina. My cellular telephone bill indicates that this call came in at 12: 14 a.m. on March 14,2006. The calling number is 973-953-4832.

3. I left immediately from my location at 1803 Chapel Hill Road, Durham, North Carolina and drove to that location which took me about five minutes.

4. When I arrived there I picked up two young men. One was taller and heavier than the other. They indicated that they were had just called me and requested that I drive them first to the Wachovia Bank on the comer of West Main Street and Ninth Street, in Durham, North Carolina (2000 West Main Street), to get cash from the ATM Machine. That drive took about three minutes. When we arrived at the one of the young men, the taller and heavier man, exited my taxi van from the passenger side sliding door, used the ATM machine and re-entered my van. We were at the ATM machine between one and two minutes.

5. I then drove directly them to the Cookout Restaurant in Durham on Hillsborough Street near the intersection of Cole Mill Road where they ordered some food from my side door. The drive from the Wachovia Bank to the Cookout restaurant took about five or six minutes.

Cook Out Drive Thru Cook Out Drive Thru Cook Out Drive Thru

6. I drove into the left drive-thru lane of the Cookout Restaurant. The young men ordered a lot of food. As I remember it was around eighteen or nineteen dollars worth of food. It took a while for the Cookout Restaurant to prepare their order. We were there for about five minutes or more.

7. I then took the two young men to Duke University's West Campus by going down Hillsborough Road to 15-501 South to Morreene Road to Towerview to Edens Dorm. We arrived at Edens Dorm about 12:45 a.m. When I dropped them off, they both walked directly towards the dormitory.

8. Throughout the whole trip the young men were well behaved, and were laughing and joking. They were not intoxicated. They did not seem afraid or worried about anything.

6. I remember those to guys starting to enjoy their food inside my car. The fare for the trip was about seventeen dollars. The young men paid me twenty-five dollars, so I received a nice tip.

Moezeldin Ahmad Elmostafa

Sworn to and subscribed to before me
this the 27 day of April, 2006.

---------------------------------------------------------------------
Wachovia Bank ATM photos

Reade Seligmann at Wachovia Bank ATM 12:24:12 a.m., March 14, 2006

Wachovia Bank ATM

Now comes the undersigned, and after being duly sworn, deposes and says:

1. I am Ken Johnson. I reside in Zebulon, North Carolina. I am a retired major with the Raleigh Police Department having more than 30 years law enforcement experience. I am a privated investigator and president of American Detective Services, Inc. As a private investigator I am duly licensed by the State of North Carolina an own my own private investigation service.

2. I am employed by J. Kirk Osborn and Ernsest L. Conner, Jr. attorneys for the Defendant, Reade William Seligmann...

[...]

4. Attached to this affidavit are a series of twelve photographs which were captured from the time lapse camera located at the ATM machine of Wachovia Bank at 2000 West Main Street, Durham, North Carolina on March 14, 2006 between 12:24 and 12:25.

5. Through documents received pursuant to subpoenas issued in this matter and other independent investigation, I learned that the cellular telephone number issued by Sprint to Reade Seligmann's girlfriend is 913-xxx-xxxx.

This the 30th day of April, 2006.

Ken Johnson, Affiant

---------------------------------------------------------------------
Duke Dorm Key Card

Seligmann Dorm - Edens 2C Finnerty & Seligmann Dorm - Eden 2C
Seligmann Dorm Card Reader Seligmann Dorm Card Reader

NOW COMES the undersigned, after being duly sworn, and deposes and says:

1. I am a custodian of the records for Duke University (Duke). I know how Duke University maintains its records as to manner in which students enter their respective dormitory rooms at night through the use of swiping a magnetized electronic card (entrance card) issued to each student through a card reader at each dorm.

[...]

6. This Cardholder Log Recall Report shows the date, time, location and card reader name for campus ID# 137988806 assigned to Reade William Seligmann. This report shows that this card was used on March 14, 2006 at 12:46 a.m. at location designated H-2C8-3d (Edens Quad, Building 2C, third floor near 301 on Duke's campus).

[...]

9. This Cardholder Log Recall Report shows the date, time, location and card reader name for campus ID# 4679521 13 assigned to Robert Hall Wellington, IV. This report shows that this card was used on March 14, 2006 at 12:46 a.m. at location designated WELTEx2Ede (We1 Tower Exit Sub-basement to Edens Quad on Duke's campus) and was used on March 14, 2006 at 12:49 a.m. at location designated H-HHla (Few Quad Building HH1 Arcade Door near 109 on Duke's campus). This the 28'h day of April, 2006.

Sworn to and subscribed to before me
this the 28' day of April, 2006.

Matthew Drummond

---------------------------------------------------------------------
Two (slightly different) Official Descriptions of The Crime-

First, from Probable Cause Affidavit dated March 16, 2006 (search warrant for 610 N. Buchanan Blvd.):

On 3/14/06 at 1:22am Durham City Police Officers were called to the Kroger on Hillsborough Road. The victim reported to the officers that she had been sexually assaulted at 610 North Buchanan Blvd. The investigation revealed that the victim and another female had an appointment to dance at 610 N. Buchanan Blvd. The victim arrived at the residence and joined the other female dancer. The victim reported that they began to preform their dance in master bedroom area. After a few minutes, the males watching them started to get excited and aggressive. The victim and her fellow dancer decided to leave because they were concerned for their safety. As the two women got into a vehicle, they were approached by one of the suspects. He apologized and requested they go back inside and continue to dance. Shortly after going back into the dwelling the two women were separated. Two males, Adam and Matt pulled her into the bathroom. Someone closed the door to the bathroom where she was, and said "sweet heart you can't leave." The victim stated she tried to leave and the three males (Adam, Bret, and Matt) force fully held her legs and arms and sexually assaulted her anally, vaginally and orally. The victim stated she was hit, kicked and strangled during the assault and she attempted to defend herself, but was overpowered. The victim reported she was sexually assaulted for an approximate 30 minute time period by the three males.

The second, from the Probable Cause Affidavit dated March 27, 2006 (search warrant for Ryan McFadyen's dorm room):
On 3/14/06 at 1:22am, Durham City Police Officers were called to the Kroger on Hillsborough Road. The victim, a 27 year old black female reported to the officers that she had been raped and sexually assaulted at 610 North Buchanan Blvd. The investigation revealed that the victim and a co-worker had an appointment to dance at 610 North Buchanan Blvd. The victim arrived at the residence and joined the other female dancer around 11:30pm on 3/13/2006. The victim reported that they began to perform their routine inside of the residence. After a few minutes, the males watching them began to get excited and aggressive. One male stated to the women "I'm gonna shove this up you" while holding a broom stick up in the air so they could see it. The victim and her fellow dancer decided to leave because they were concerned for their safety. After the two women exited the residence and got into a vehicle, they were approached by one of the suspects. He apologized and requested they go back inside and continue to dance. Shortly after going back into the dwelling the two women were separated. Two males, Adam and Matt pulled the victim into the bathroom. Someone closed the door to the bathroom where she was, and said "sweet heart you can't leave." The victim stated that she tried to leave, but the three males (Adam, Bret, and Matt) forcefully held her legs arms and raped and sexually assaulted her anally, vaginally and orally. The victim stated she was hit, kicked, and strangled during the assault. As she attempted to defend herself, she was overpowered. The victim reported she was sexually assaulted for an approximately 30 minute time period by the three males.

---------------------------------------------------------------------
From 2nd Dancer, Kim Roberts/Pittman's statement (subsequently released):
Precious and I began our show which, in my opinion, seemed to be going well. Precious began showing signs of intoxication at this point. We continued with the performance until one of the boys brought out a broomstick and after asking if we had any toys, said he would use the broomstick on us.

That statement made me uncomfortable and I felt like I wanted to leave. I raised my voice to the boys and said the show was over. The commotion riled Precious up and caused her to get irate. I went to the bathroom with Precious and I told her I wanted to leave. Precious felt we could get more money and that we shouldn't leave yet. She was uncontrollable at this point and was yelling at the boys who were knocking on the door to leave us alone. I finally decided to leave the house. I left the bathroom, grabbed my bag and exited the house with my dancing gear on.

I went to my car, wanting to leave, but not wanting to leave the girl in the house alone. I changed my clothes in the car where some of the boys were coming to my window asking me to talk to them. I was told by one of the guys that Precious was passed out in the back and could I please do something with her....

-forgot to mention that the first time Precious came to the car she left because she felt there was more money to be made. It was after then, that the boys helped her to the car. They carried her by throwing her arms over their shoulders and assisting her walking to the car - I can't remember if only one boy helped or 2.

---------------------------------------------------------------------

N&O Reade Seligmann's Alibi Timeline and Map

The News & Observer - Reade Seligmann's Alibi Timeline and Map


SUMMARY / CONCLUSION:

Reade Seligmann had long left the Duke lacrosse house and the neighborhood when the alleged victim, Crystal Gail Mangum, claims to have returned to the party house and been the victim of a gang rape.

sources:

MOTION FOR RECUSAL OF DISTRICT ATTORNEY (.pdf) [KirkOsborn.com at archive.org, May 1, 2006]
Motion To Suppress Non-Testimonial Photographs (.pdf) [KirkOsborn.com at archive.org]
Duke Lacrosse Rape Timeline [TJN]
Duke Lacrosse [TJN Archive]

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