Duke Defense Cites New ATM Alibi

Say 12 Photos Show Client; DA Seeks Re-Election

(CBS/AP)  Defense attorneys say Reade Seligmann, one of the Duke University lacrosse players accused of an alleged rape at a team party, had several affidavits filed on his behalf in court, including a series of 12 photographs captured on an ATM camera as he withdrew money at 12:24 a.m. on the night of the alleged rape, CBS News corrrespondent Trish Regan reports.

His attorney also filed several motions, Regan says, including permission to retest all DNA evidence, a request for the state to preserve the rape kit evidence so the defense can run its own tests and a reduction in bond from $400,000 to $40,000.

The attorney also requested a motion requesting that the district attorney excuse himself from this case.

"District Attorney Mike Nifong neglected his duties as a prosecutor to seek the truth and a fair prosecution," wrote attorney Kirk Osborn, who represents indicted player Reade Seligmann. "He created an actual conflict between his professional duty to search for the truth and his personal, vested interest in getting elected."

The motion seeking Nifong's removal was among several Osborn filed Monday. He also asked the court to throw out the photo identifications made by the accuser — a 27-year-old student at a nearby university hired to strip at a March 13 team party — calling the police photo lineup "unnecessarily suggestive and conducive to irreparable mistake and misidentification."

"They don't want to go up against me," Nifong said when asked outside court Monday about the defense request for his removal. He has denied any political motivation behind his investigation.

The district attorney will soon find out what voters think of his handling of the headline-grabbing case.

Nifong faces two challengers in Tuesday's Democratic primary in Durham, where the allegations against team members have likely turned what might have been a low-key election into a referendum on the performance of the incumbent.

The winner of Tuesday's Democratic primary vote among Nifong, Freda Black and Keith Bishop will likely be the next district attorney since no Republicans are running. If no candidate wins at least 40 percent of the vote, the top two will advance to a May 30 runoff.

Even if Nifong loses, he will remain in office until January, allowing him to keep pursuing his case against two indicted players. He has said he does not intend to step down early if he loses.

Meanwhile, a Duke University committee recommended Monday that its men's lacrosse team resume play next season, but said the team had a history of problems tied to alcohol and needed strict monitoring.

"Although the pattern of misconduct in recent years by the lacrosse team is alarming, the evidence reviewed ... does not warrant suspension of the sport," a committee of seven faculty members wrote in a report released Monday night.