Second stripper originally told police that she did not believe Duke accuser's rape allegations
New court filings in the Duke lacrosse rape case suggest that a second exotic dancer initially told Durham police that the alleged victim's rape claim could not be true and that it was "a crock."
According to the 32-page motion filed on Wednesday by defense attorney Kirk Osborn, the second dancer, Kim Roberts, told police that she was with the alleged victim the entire time at the March 13 party except for a period of less than five minutes.
But in Durham police search warrants made public earlier this year, the alleged victim told police she had been raped, beaten and sodomized for a 30-minute period by three Duke lacrosse players in a bathroom.
Roberts also initially told police, according to the motion, that the alleged victim never went back in to the house at 610 N. Buchanan Blvd., even though authorities have said in court documents that the two left the party and later returned at the urging of some of the partygoers.
Instead, the motion says, Roberts -- also identified as Kim Pittman -- locked the alleged victim in Roberts' Honda Accord while she proceeded to the back of the house to look for some of the accuser's personal belongings.
Osborn, who filed the motion on behalf of 20-year-old Reade Seligmann, also argues that investigators deliberately omitted information as they moved forward with the case.
Wednesday's motion also claims that the initial examination performed on the alleged victim did not reach a conclusion as to whether she was raped and that the only trace of physical trauma included a scratch on the alleged victim's knee and heel.
Osborn writes that the alleged victim said she was hit, kicked and strangled, but that the investigator in the case, Benjamin Himan, omitted that "the examining physician … at 3:14 a.m. [on March 14] found no neck, back, chest or abdominal tenderness."
He also writes that the investigator's probable cause affidavit omitted that the sexual assault examination found that "no condoms, fingers or foreign objects were used during the alleged sexual assault."
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