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Duke rape defense will challenge IDs, source says

From Jason Carroll
CNN

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Duke University
Rape

DURHAM, North Carolina (CNN) -- Defense attorneys for two Duke University lacrosse players charged with rape are questioning the process by which the accuser identified her alleged attackers, a source close to the defense told CNN Friday.

Under the procedure, the accuser was shown images of the team's 46 white players and told they were people police suspected were at the party, the source said.

The defense will likely file a motion to suppress the identification because no pictures of non-team members were included in the presentation, the source said.

Legal experts told CNN that authorities would not necessarily be required to show pictures of unrelated people with pictures of the lacrosse players.

District Attorney Mike Nifong did not return a call seeking comment on the identification procedure.

Reade Seligmann, 20, and Collin Finnerty, 19, are charged with first-degree sexual offense, first-degree forcible rape and first-degree kidnapping stemming from the March 14 incident.

Their attorneys have said they have evidence showing their clients had already left the party when the alleged attack took place. (Details)

The accuser, a 27-year-old student at nearby North Carolina Central University, was hired as an exotic dancer at a lacrosse team party where she said she was raped. She told police three white men pulled her into a bathroom and assaulted her.

The case has inflamed racial and economic divisions in Durham, home to both the historically black North Carolina Central University and the elite Duke.

Nifong has said he will pursue the case even though DNA tests did not match any of the lacrosse players.

He cited an examination by a forensic sexual assault nurse showing the victim had injuries consistent with a sexual attack.

The allegations have resulted in the cancellation of the lacrosse season, the resignation of the team's coach and public scrutiny of what Duke President Richard Brodhead called the "history of boorish behavior and underage drinking" among players.

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