DA moves to drop Duke rape charges

WRAL-TV, Raleigh-Durham, N.C.

Durham District Attorney Mike Nifong moved today to drop rape charges against three Duke University lacrosse players, according to WRAL-TV in Raleigh, N.C.

The three men, who deny any wrongdoing, were accused of rape by a woman who performed as a stripper at a March 13 team party.

WRAL said Nifong filed paperwork to dismiss forcible rape charges against Reade Seligmann, 20, Collin Finnerty, 20, and David Evans, 23.

Lacking any "scientific or other evidence independent of the victim’s testimony" to corroborate that aspect of the case, Nifong wrote, "the State is unable to meet its burden of proof with respect to this offense."

Defense attorney Joseph Cheshire said charges of kidnapping and sexual offense remain in place.

Last week, defense attorneys for the players filed a motion claiming their clients had been misidentified in a photo lineup by the accuser. Another motion said male DNA from several sources had been found inside the accuser, but none from the defendants.

Nifong's investigator, who interviewed the accuser yesterday, said the woman couldn't testify "with certainty" that she was raped.

Prosecutors decided to dismiss the case after concluding they could not proceed with her testimony.

Nifong has never talked to the woman about the details of the incident.

The case has divided the Durham community amid charges of racism -- the three men are white and their accuser is black.

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