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2 Duke Players Turn Themselves In

Police took two Duke University lacrosse players into custody early Monday morning, a jail official said. The arrests come a month after a stripper told police she was raped at a party thrown by the team.

CBS News reports the two team members turned themselves in overnight.

On Monday, a defense attorney said a grand jury issued sealed indictments against the men in connection with allegations that a stripper was raped last month at a team party.

"Today, two young men have been charged with crimes they did not commit," attorney Robert Ekstrand said in a statement. "This is a tragedy. For the two young men, an ordeal lies ahead. ... They are both innocent."

Ekstrand, who represents dozens of players, did not say which players were indicted or what charges they faced.

The grand jury adjourned around 2 p.m. Monday, handing up indictments a short time later to Superior Court Judge Ronald Stephens. A filing at the courthouse said the judge had sealed at least one indictment, citing a state law that allows an indictment to be "kept secret until the defendant is arrested or appears before the court."

Bill Thomas, an attorney for one of the lacrosse team's captains, said he met with prosecutors at the Durham County Courthouse. He confirmed for CBS News that sealed indictments were handed up, which means no one will know who was indicted until arrests are made.

A 27-year-old black woman told police she was attacked March 13 by three white men in a bathroom at a party held by the lacrosse team.

Attorneys for lacrosse team members had expected the panel to hear on Monday from District Attorney Mike Nifong, who for more than a month has been investigating the allegations made by the woman.

The next session of the grand jury is scheduled to be held in two weeks.

The racially charged allegations have led to near daily protest rallies. The school canceled the highly ranked team's season and accepted the resignation of coach Mike Pressler after the release of a vulgar and graphic e-mail that was sent by a team member shortly after the alleged assault.

Defense attorneys have urged Nifong to drop the case, saying DNA tests failed to connect any of the 46 team members tested to the alleged victim.

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.

CBS News correspondent Trish Regan met with defense attorneys, who showed her time-stamped photographs taken at the lacrosse party where the alleged rape occurred. In all, she saw 23 photos, which attorneys say prove their clients' innocence — in part because they show that the woman was already bruised and cut when she arrived at the house. Because of the cuts, they say if a rape took place, her DNA should have been discovered.

The pictures begin at 11:02:36 p.m. There's a photo of the lacrosse players sitting in the living room.

According to a neighbor's testimony, the alleged victim arrived at the players' house around 11:50 p.m.

At midnight (12:00:12 a.m.), there is the first picture of the alleged victim. She is laying down on the floor, partly clothed, with the second dancer standing over her. Regan reports that she could see what appeared to be sores, or small open wounds on both of her knees, as well as bruises, and a blister on her right foot.

At 12:03:57 a.m., the women appeared to be leaving the room, Regan reports. The defense says they had finished dancing, and her right shoe was on the floor.

A neighbor says he saw the alleged victim in the front yard some time between 12:20 a.m. and 12:30.

The next photo Regan saw of the alleged victim was taken at 12:30:12 a.m. The woman was on the back porch. In a photo reportedly taken less than a minute later, she's seen with only one shoe and seemed to be smiling.

In a photo taken at 12:37:58, the alleged victim is lying down. It looks like she fell, Regan reports. According to Regan, there appear to be new bruises on her backside and scratches on her legs. In another set of photos, taken immediately after the fall, there are pink splotches on the stair railing. The defense believes those splotches are from nail polish. When the alleged victim fell, her freshly painted nails hit the railing, attorneys say.

A photo with the time code 12:41:32 shows the alleged victim being helped into a car apparently before leaving the property.

However, CBS News legal analyst Wendy Murphy tells The Early Show co-anchor Rene Syler that "if you really look at the photographs, they provide a 27-minute gap, which is exactly the amount of time the victim says she was in the bathroom being raped by three of these guys."

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

The second dancer, who authorities said in court documents was separated from the woman before the alleged attack, told WNCN-TV in Raleigh in an interview airing late Sunday that the other dancer was "definitely under some sort of substance" when she left the party.

She said the alleged victim looked fine when she arrived at the party, but her demeanor changed dramatically later in the night. "She was, um, definitely a totally different woman than she was when I first met her," she told the station.

The woman, whose identity was not revealed, said she doesn't believe Durham authorities would be investigating if no crime had occurred.

For the district attorney to get an indictment, "all you really need in a rape case is the word of the victim," Murphy tells The Early Show. "If she can say she was raped and identify her assailant, that's enough. If the jury believes her, that's sufficient for a conviction ... about 80 percent of rape cases involve no DNA evidence whatsoever."

While defense attorneys have said that DNA testing failed to connect any members of the lacrosse team to the alleged rape, Murphy said: "Let's not forget, there was some DNA found at the scene, on the floor of the bathroom, on a towel in the bathroom, according to the defense attorneys it matched two of the guys on the team, two of the guys who live there. So you can bet that that is going to play a role.

"It doesn't necessarily prove a rape, but it sure goes far to prove that two men were in that bathroom at some point doing something."

Meanwhile, the Rev. Jesse Jackson says his Operation Push organization will pay the college tuition of the alleged victim.

On Sunday, a bishop who led a prayer rally called for healing in the community inflamed by racial tensions.

"This is not a racial protest," said Bishop John Bennett told more than 100 people gathered in front of the house where the woman told police she was assaulted. "It should not be a question of 'Where are the Afro-American churches?' The question should be, 'Where are the Christians?'"

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