Duke Player To Stand Trial In D.C.

One of two Duke University lacrosse players charged with raping a stripper faces new legal trouble in an unrelated assault case from November.

Collin Finnerty, 19, of Garden City, N.Y., appeared in D.C. Superior Court on Tuesday for a hearing in which a judge determined that he violated the conditions of a diversion program he entered after being charged in a Georgetown assault last fall.

Finnerty and two high school students are accused of punching Jeffrey O. Bloxgom in the face and body after he told them to "stop calling him gay and other derogatory names," last November, according to court documents.

Under the terms of the diversion program, the charges would have been dismissed after Finnerty completed of 25 hours of community service since it was a first-time offense, CBS News reported. But the agreement called for Finnerty to refrain from committing any criminal offense.

Finnerty remains free pending a July 10 trial date. He could face up to six months in jail and a fine of up to $1,000 if convicted of simple assault.

"We look forward to presenting the facts," attorney Steven J. McCool, who is representing Finnerty in the Georgetown case, said in a brief statement outside the courthouse. "This incident has been grossly mischaracterized."

Finnerty showed no emotion during Tuesday's hearing. A family priest stood a few feet behind him in the courtroom.

Authorities charged Finnerty and Duke teammate Reade Seligmann, of Essex Fells, N.J., as two of the three white men who a 27-year-old black woman says raped her in a bathroom of a house March 13 during an off-campus party. They were indicted on rape charges last week.

Deferred misdemeanor charges against other Duke lacrosse players may also be reinstated because their participation in the party.

The decision by District Attorney Mike Nifong affects players who were charged prior to the party with public urination and alcohol and noise violations, The News & Observer of Raleigh reported in Tuesday editions. Nifong says a noise violation and an alcohol possession violation against David Evans is being reinstated because the party was held at the house where Evans lived. Evans is a team captain. Under a deal with prosecutors, the players' charges would be dismissed if they didn't get into trouble for up to a year.

In a sign that the defense plans to attack the woman's credibility, Seligmann's attorney, Kirk Osborn, demanded Monday that prosecutors turn over the accuser's medical, legal and education records. The woman is a single mother and student at nearby North Carolina Central University.

"This request is based on the fact that the complaining witness has a history of criminal activity and behavior, which includes alcohol abuse, drug abuse, and dishonesty, all conduct which indicate mental, emotional and/or physical problems, which affect her credibility as a witness," the defense said in court papers.

Before last week's indictments, attorneys for the players pointed to the victim's criminal history when answering questions about their clients' legal troubles.

According to court records, the accuser stole the taxi of a man to whom she was giving a lap dance at a Durham strip club in June 2002. She pleaded guilty to various misdemeanors.

Nifong, who has not granted an interview about the case in weeks, refused to comment.