Duke Player's Lawyer Digs For Dirt

The attorney for one of two Duke lacrosse players charged with raping a stripper demanded on Monday that prosecutors turn over the accuser's medical, legal and education records for use in attacking her credibility.

Kirk Osborn, who represents player Reade Seligmann, said the material will provide "rich sources of information for impeaching the complaining witnesses."

Osborn also asked a judge to hold a pretrial hearing to "determine if the complaining witness is even credible enough to provide reliable testimony."

"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.

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

Last week, Seligmann, of Essex Fells, N.J., was indicted on rape charges along with teammate Collin Finnerty of Garden City, N.Y.

Authorities believe they were two of the three white men who the 27-year-old black woman says raped her in a bathroom of a house March 13.

In Monday's motions, Osborn wrote that no forensic evidence links Seligmann to the alleged crimes, based on the limited information provided to the defense by prosecutors.

The case is based only on the accuser's testimony, and she has given conflicting accounts to authorities, Osborn wrote.

The defense motions asked for information about the accuser's mental health, any hospital commitments and drug abuse, and information about her probation and parole.

The motions do not cite any specific evidence to support its claims about the accuser, and Osborn declined to answer questions about the court filings.

Defense attorneys have trumpeted DNA test results they say found no link between the 46 players tested and the accuser. Nifong asked a private lab to perform additional tests on the samples. The results are not expected before May 15, Nifong told a Durham newspaper last weekend.

Monday's motions were the latest sign the defense plans to attack the credibility of the accuser, a 27-year-old single mother and student at nearby North Carolina Central University.

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.

Also Monday, Osborn told the court he planned to present an alibi defense, based on the testimony of witnesses who are "known to, or should have been known by, the district attorney."

The defense has suggested a timeline that argues that if the accuser and a second dancer performed around midnight, Seligmann would not have had time before he left the party to participate in the 30-minute assault described by the accuser.

Osborn also asked for background information about any prospective prosecution witnesses.

On Tuesday, Finnerty is scheduled to appear in a Washington, D.C., courtroom for a status hearing in a simple assault case dating from November.

In that case, Finnerty entered a court program under which the charges would be dismissed if he completed 25 hours of community service.

The program required Finnerty not to commit any criminal offenses, and a spokeswoman for Washington's U.S. Attorney's Office said last week authorities were considering revoking the agreement.

The simple assault charge carries a potential penalty of 180 days in jail and a fine of up to $1,000.

Finnerty's attorney, Bill Cotter, did not return calls seeking comment Monday.