Duke Reinstates Lacrosse Player
A Duke University lacrosse player who was suspended for sending a vulgar e-mail about killing strippers has been reinstated and can rejoin the team in the fall.
The school had suspended Ryan McFadyen, 20, of Mendham, N.J., after authorities investigating rape allegations by a dancer at a team party released a search warrant for his dorm room that included the graphic e-mail sent from his Duke account.
"I think he learned a valuable lesson in how words can be interpreted and misinterpreted," Larry Moneta, vice president for student affairs, said Thursday.
The March e-mail was among various factors that led Duke to cancel the season of its highly ranked lacrosse team even before three players were charged with rape, kidnapping and sexual offense. McFadyen is not charged in the rape case.
In a June 7 letter to Duke President Richard Brodhead released Thursday by the university, Moneta said McFadyen was suspended because there were concerns whether his presence on campus posed a risk to him or others.
But Stephen Bryan, Duke's associate dean for judicial affairs, reviewed the case and decided that McFadyen did not violate university policies regarding abuse, endangerment and disorderly conduct, according to Moneta's letter.
According to Moneta, McFadyen sent the e-mail "in jest" and said the e-mail used language from the book "American Psycho," a novel by Bret Easton Ellis — later made into a movie — about a serial killer. He said McFadyen accepted responsibility for an error in judgment.
"He acknowledged the joke, especially given the context of the time, was not funny," Moneta wrote.
McFadyen did not complete spring semester classes because of the suspension and must catch up over the summer, Moneta said.
Glen Bachman, McFadyen's attorney in Durham, said his client was looking forward to moving on with his life.
"I don't know if things will be back to normal for any of these boys," Bachman said. "He just wants to be able to return to Duke, and he's just looking forward to getting back in school and getting back to playing lacrosse and getting on with his education."
Three of McFadyen's teammates — Reade Seligmann, 20, of Essex Fells, N.J.; Collin Finnerty, 19, of Garden City, N.Y.; and David Evans, 23, of Bethesda, Md. — have been indicted in the rape case. Defense attorneys have proclaimed their innocence and all three defendants are free on bond.
The parents of 19-year-old Finnerty said their son has evidence to prove his innocence and has passed a polygraph test indicating he didn't commit the crime.
In an interview with NBC's "Today" that aired Friday, Kevin Finnerty would not reveal specifics of his son's alibi. But he mentioned the cell phone records of his son, at the time in question and electronic records showing when his son returned to his dormitory that night.
"He has numerous eye witnesses every step of the way, every minute of the night," Kevin Finnerty said. "So his whereabouts are totally verified every minute of the night."
In an earlier exclusive interview with CBS News correspondent Trish Regan, Seligmann's mother, Kathy, said that despite her family's nightmare, she does not blame the accuser.
"I don't hate her ... I think she panicked and made up this story. I pray that she didn't mean for this to happen," Kathy told Regan.
Attorneys for all three players have strongly proclaimed their clients' innocence. A trial isn't expected to begin before spring 2007 in the case.Trish Regan on interviewing Reade Seligmann's mother.
Also Thursday, a judge reduced bail for Finnerty from $400,000 to $100,000. Judge Ronald Stephens cut bail for Seligmann by the same amount last week. In the filing, Finnerty's lawyer, Bill Cotter, said the reduction would free up money that Finnerty could use to fund his defense.
"We're very pleased and we think it's quite fair," said Wade Smith, one of Finnerty's defense attorneys. "They're not going anywhere. There's not a chance they would."