------------------------- Defense Motion -------------------------
The Accuser's Handwritten Version of Events
79. Two days later, on April 6, 2006, the accuser prepared a handwritten statement for police. Discover at 807-811. The existence of this handwritten statement is not noted in either Inv. Himan's typewritten notes for this day, Discover at 1227-28, or in Sgt. Gottlieb's typewritten case narrative for that day, Discovery at 1841. The only reference in either investigator's notes to the accuser is Inv. Himan's statement that the accuser came to the police station and "was asked where she had been prior to the incident." Discovery at 1227.
80. The accuser's handwritten statement is dated and timed on each page - it runs some 5 pages in length and required approximately 30 minutes to prepare. Discovery 807-811.
81. In her handwritten statement, the accuser stated that she arrived at what she thought was a bachelor party at approximately 11:20 p.m. and met the other dancer, "Nikki," who was drinking with 10 of the "guys." Discovery 807. She and Nikki talked for about 5 minutes and then were shown to a bathroom by "Dan" and "Brett." Dan later asked if they wanted a drink and then returned with drinks. The accuser claimed that that two men -- who she did not identify -- tried to push their way into the bathroom and that there were approximately 15 men who were outside screaming "come on show us something." Discovery at 808.
82. The accuser stated that she and Nikki then came out of the bathroom and began to dance when a person made a comment about using a broomstick on them. After this comment was made, she wrote that the other players began chanting about having sex with them and using racial slurs. She then claimed that she and "Nikki and I started crying. I told Dan than I needed my money and Nikki and I started to get dressed so that we could leave." She then claimed that "[w]e ran out to the car screaming and crying." Discovery at 808-09.
83. After running to the car screaming and crying, the accuser claimed that "Dan and Adam followed us to the cars, and Dan apologized to Niki. At that point Nikki told me that they were sorry and they were going to give us $1200 if we stay." Discovery at 809. The accuser then wrote that she and Nikki then "got out of the car and went back into the house." After re-entering the house, the accuser claimed that the men were "more excited and angry" and began screaming about having sex with the dancers and using broomsticks on them. She and Nikki "started to leave again" when "three guys grabbed Nikki, and 'Brett', 'Adam,' and 'Matt,' grabbed me they separated us at the Master Bedroom door, while we tried to hold on to each other. Brett, Adam and Matt took me into the bathroom while the other guys were watching television, and they closed the door slightly." Discovery at 809.
84. Once in the bathroom, the accuser wrote that Matt told her she could not leave, grabbed her by the neck, threatened to kill her, and that all of the attackers were screaming about having sex with her using racial slurs. She claimed that "[t]hey started kicking me in my behind, and my back." Matt then forced her to her knees from behind. At that point, Adam stated "I can't do this I'm getting married." Matt then raped her vaginally but became frustrated when he could not ejaculate. She wrote that he had "sex with me for about 2 minute in my vagina," and then raped her anally for 3 minutes. Brett then got behind her while Matt held her legs and raped her vaginally, stopped after "about 5 minutes." Brett then raped her anally "for about 2 minutes." She then wrote that when Brett was done, Adam said that he was done as well. Discovery at 810.
85. Following the rape, the accuser wrote that "Matt hit me in my face while Dan" -- presumably a fourth assailant who has never been identified or described -- "and Brett kicked me," using racial slurs. Adam then opened the door, and Nikki "rushed in and helped Adam to get me dressed." Nikki and Adam then "dragged me out to the car because my legs would not move." Discovery at 810. She then describes riding in Nikki's car and eventually arriving at the Kroger shopping center where she was then taken to the hospital. Discovery at 811.
86. At the end of the statement, the accuser then writes: "I would like to add that Adam ejaculated in my mouth and I spit it out onto the floor, part of it fell onto the floor." She then crosses out other wording and initials it before finishing the additional portion. Discovery at 811.
87. At no point during the course of the written statement did the accuser describe Matt, Adam, Brett, or Dan.
How Long Did the Attack Last?
90. In the affidavits used to establish probable cause and secure warrants in this case, the State represented that the accuser was sexually assaulted over a 30 minute time period. See, e.g., Discovery at 460 (Probable Cause Affidavit for March 23, 2006). In her handwritten statement, the accuser wrote that Matt assaulted her for 5 minutes, that Brett assaulted her for 7 minutes, did not put a time on the length of Adam’s oral assault, and then describes being beaten before and after the assaults for some length of time. Discovery at 810. However, on September 22, 2006, the District Attorney represented to the court that he did not believe that the entire assault took more than 10 minutes,...
What Did “Nikki” Do?
93. In her statements to the ACCESS nurse, Officer GD Sutton, Officer BS Jones, Sgt. JC Shelton, and on the Sexual Exam Assault Report, the accuser claimed that Nikki stole her money and carried he back into the house along with the attackers. Discovery at 1981, 1304 1308, 1310, 538. The accuser's statement of April 6 mentions none of these things and portrays the second dancer as a fellow victim of the assault who rescued her, rather than helping the men carry out the assault and then stealing her money.
132. Moreover, during the April 4, 2006 PowerPoint Identification procedure, the accuser identifies Collin Finnerty as "the guy who assaulted me. He put his penis in my anus and my vagina." The accuser specifically says that Collin was the "second one" to penetrate her.
133. In the accuser's handwritten statement given to the police two days after her identification of Collin she says that the second assailant to penetrate her was the one who went by the name of "Bret." Discovery at 810.
134. As noted above, on March 16, 2006, two days after the alleged assault, the accuser described "Brett" to Inv. Himan as "chubby." Collin Finnerty, at 6’5” and 215 pounds, would never be described as "chubby."
------------------------- End of Defense Motion extract -------------------------
Notes regarding the written statement:
- The accuser's statement, so far, does not indicated that she answered the question posed to her on April 4th, that is, "where had she been prior to the incident." Or perhaps the defense is withholding additional information, that shows her written statement being contradicted by the statement of her driver, Jarriel Lanier Johnson. Otherwise, why did they highlight that remark?
- There are still no words or descriptions appearing in the written statement, to date, about the accuser being strangled, as was alleged in the March probable cause affidavits. The March affidavits said: "The victim stated she was hit, kicked and strangled during the assault." Strangulation is also out of character for a "fraternity" gang-rape, Kathleen Eckelt, a certified Forensic Nurse Examiner, said:
By all accounts, the accuser was already three sheets to the wind, along with some help from the Flexeril, so what would have been the purpose of putting a choke hold on her? Most fraternity type rapes don't involves physical (as opposed to genital) injuries. Why punch and beat and kick? Why not just wait until she passed out on her own?
Mike Nifong, a.k.a. "The Durham Strangler," demonstrated for Dan Abrams of MSNBC the choke hold used on the accuser. The defense motion does not indicate that the words strangle or choke are part of the accuser's statement.
- There are no words or descriptions in the written statement, so far, about the accuser scratching her assailant(s). That is how she lost the infamous artificial fingernails - during a violent struggle in the bathroom, when she was clawing at her assailant(s). The probable cause affidavit said:
She claimed she was clawing at one of the suspect's arms in an attempt to breath while being strangled. During that time the nails broke off.
The scratching scenario was also reenacted by Mike Nifong for Dan Abrams of MSNBC. There is no mention of broken artificial fingernails in the portions of the written statement revealed to date.
Motion to Suppress the Alleged "Identification" of the Defendants by the Accuser (.pdf, 46 pages, Dec. 14, 2006) - News & Observer
Duke Hoax: Statement Analysis, II - TJN, Nov. 28, 2006
Duke Case: Statement Analysis - TJN, Sept. 15, 2006
Crystal Gail Mangum — Handwritten Statement — April 6, 2006 - TJN, June 2007
background / history:
Duke Lacrosse Case - TJN Archives