D.A. Eyes Third Duke Lacrosse Arrest

2 Players Already Charged With Raping Stripper At Lacrosse Team Party

(CBS/AP) 

Defense attorneys note that the police had come to the residence hall where the two arrested players live just the other night to try and confirm which players were at the party, Regan says. So they're suggesting that the police did not even know whether these players were present at the time the alleged rape occurred.

"Clearly, there is more to this story than what has been made public; than what defense attorneys or the prosecutor have disclosed," CBS News legal analyst Andrew Cohen says. "There has to be because what has been talked about publicly is a terribly weak case; one that even an eager grand jury would not have embraced the way this one did."

It's not the first arrest for Finnerty. The News and Observer of Raleigh reports that Finnerty was also arrested in November on assault charges in Washington, D.C.

According to the newspaper report, court records say Finnerty and two high school teammates attacked a man who was driving Nov. 5, "busting his lip and bruising his chin." The man said that he told them to stop "calling him gay and ... derogatory names." Finnerty's attorney said he was ordered to perform 25 hours of community service in Washington by fall.

Nifong has said 75 percent to 80 percent of rape prosecutions lack DNA evidence. According to court records, a medical examination of the woman found injuries consistent with rape.

"The damning evidence is her saying these young men raped me. Conventionally, that's the way the rape cases are proved," Mickey Sherman, a defense attorney, said on CBS News' The Early Show Tuesday.

CBS News legal analyst Wendy Murphy agrees.

"It was reported yesterday that she identified two of the three men she said raped her with 100 percent certainty from photographic identification procedures. That's pretty good evidence when you consider there were 46 guys there," Murphy said on The Early Show.

The father of the alleged victim tells Regan he is hopeful that justice will be served so that his daughter, a mother of two young children, can move forward with her life. He told CBS News that he knew his daughter was going to 610 Buchanan Blvd. that night, but he had no idea she was working there as a dancer.

"When something happens to your baby girl, a lot of things go through your mind," the alleged victim's father said.

But the defense argues the woman was painting her nails in the bathroom during that period.

Students at North Carolina Central University, the school attended by the alleged victim, say the only thing the district attorney should be embarrassed by…is how long it took him to bring charges, Regan reports.

Well before the scandal, the nationally ranked lacrosse team had a reputation for a swaggering sense of entitlement and boorish frat-boy behavior that included public intoxication and public urination. After the scandal broke, the university announced an investigation into whether it put up with such behavior for too long.

Duke Athletic Director Joe Alleva said the university's executive vice president reviewed the lacrosse team's disciplinary record last year, then discussed his findings with Alleva.

Alleva then met with Pressler, telling the coach that "his team was under the microscope, and he had to do everything he could to get them in line and to not have any more behavior problems," he said.

Sue Wasiolek, Duke's dean of students and assistant vice president for student affairs, said the review showed the lacrosse team had a "disproportionate" number of violations of the campus judicial code.

About half the team had campus records for alcohol violations, disruptive behavior, disorderly conduct and similar infractions, Wasiolek said.