THE BLOG
04/21/2006 09:05 am ET | Updated May 25, 2011

Duke Rape - The Cab Driver, the Second Dancer and Duke Lacrosse Gear Flies Off Shelves

The Cab Driver, The Second Dancer And Duke Lacrosse Gear Flies Off Shelves

As I discussed in my recent post on the Duke rape case, I'm trying not to rush to judgment because there's so much we still don't know about the facts in this case. I have a lot more unanswered questions about recent developments than answers.

The defense wants us to believe it's game over. Is it?

If you accept the defense's timeline, it looks like the District Attorney Mike Nifong is in for an uphill battle. Are the calls to dismiss the charges premature?

To be fair, the DA hasn't cross examined the defense witnesses, none of these witnesses were under oath and even if you buy the defense's timeline, there still was time for them to rape the accuser.

Plus, the DA has said that the medical evidence shows that her injuries are consistent with sexual assault. In a recent written statement, Nifong said he expected to make another arrest and indicated that he might file aiding-and-abetting charges against someone.

He's clearly not backing down. What does he know this case and her credibility that we DON'T know? After all, the grand jury DID indict the two players.

What does the second dancer say now? Does she back up the accuser?

Kim Roberts, the second dancer, is backing up the alleged victim's story:

"I was not in the bathroom when it happened, so I can't say a rape occurred -- and I never will," Roberts told The Associated Press Thursday in her first on-the-record interview. But after watching defense attorneys release photos of the accuser, and upset by the leaking of both dancers' criminal pasts, she said she has to "wonder about their character."

"In all honesty, I think they're guilty," she said. "And I can't say which ones are guilty ... but somebody did something besides underage drinking. That's my honest-to-God impression."

However, she has some credibility challenges ahead since she's apparently changed her tune about the allegations and e-mailed a public relations firm asking for advice on "how to spin this to my advantage."

And the lack of DNA under her fingernails still bugs me. Nifong said she was attacked from behind, so the lack DNA can be explained by fact that her rapists had on long sleeves. The other night Dan Abrams aired the defense photos which claim to that show most of the partygoers that night had on short sleeves. How will the DA now explain the fingernail evidence?

Does Mostafa the cab driver confirm the defense's time line AND show that something disturbing happened that night?

The defense says their timeline proves that neither Finnerty nor Seligmann were at the party at the time of the alleged rape.

If the evidence withstands scrutiny, Seligmann's paper and digital trail sounds compelling. The defense says the combination of cell phone records, the ATM receipts and the cab driver Mostafa's testimony that he picked up Seligmann and another man from the house proves that Seligmann couldn't have committed the crime.

What's looks good for Seligmann might just hurt his teammates. When Mostafa came back to pick up a second fare, he said an angry woman was leaving the party. Plus, he heard someone say "She's just a stripper. She's going to call the police."

Does this imply that something bad happened that night? Does it bolster the complaining witness's credibility?

Did the DA indict first, investigate after? Is he doing things backwards?

Mostafa says neither the cops nor the DA have contacted him. Thursday authorities released warrants detailing their TUESDAY night search of suspect's dorm rooms. Here's a copy of the search warrant.

Why were the search warrants executed AFTER indictments? Why did it take so long to search their rooms? Why hasn't the DA talked to this case's newest media star, Mostafa?

What were the cops looking for when they searched the dorm rooms? They came looking for clothing, the accuser's property, digital recordings, photos and e-mails. They left with a New York Times article about a candlelight vigil for the accuser and an envelope postmarked Sept. 14, 2005.

No such thing as bad press?

Duke lacrosse gear flies off shelves.