Okay. This Is All I’m Gonna Say About The Duke Thing

Ken AshfordCrimeLeave a Comment

I refuse to get sucked in to this story.  I absolutely refuse.  I think there are greater issues that we need to be concerned about rather than the media frenzy over the (alleged) horror-of-the-day.  Rapes (and rape allegations) occur everyday, and I don’t quite see what is so special about this one such that it has to dominate the news.

BUT I will say this.  The DA has a bit of a problem.  If it is true that the alleged rape occurred between 12:10 am and 12:30 am (the only gap as set out in this photo timeline), then it really does look like one of the suspects, Seligmann, has a decent alibi:

Around midnight the night of March 13, Seligmann was already at the party when two women hired from a local escort agency arrived to dance for the boys at $400 each for a two-hour performance. A series of time-stamped photographs viewed by ABC News show the girls dancing at midnight and at 12:02 a.m.

By 12:24 a.m., a receipt reviewed by ABC indicates that Seligmann’s ATM card was used at a nearby Wachovia bank. In a written statement to the defense also reviewed by ABC, a cabdriver confirms picking up Seligmann and a friend a block and a half from the party, and driving them to the bank. By 12:25 a.m., he was making a phone call to a girlfriend out of state.

What did Seligmann do after leaving the bank? The taxi driver remembers taking him to a drive-thru fast-food restaurant and then dropping him off at his dorm. Duke University records show that Seligmann’s card was used to gain entry at 12:46 a.m.

In addition to bolstering Seligmann’s alibi, the taxi driver’s written testimony provided a rare glimpse of color in an otherwise darkened night.

"I remember those two guys starting enjoying their food inside my car, but I’m glad I end up with a nice tip and fare $25," the taxi driver said in his testimony.

The Wachovia bank is about three-to-five minutes from the house where the incident took place.  So if Seligmann participated in the alleged rape (and yes, I’m sticking to that word "alleged" for now), it must have been between 12:02 am and 12:20 am.

Is that possible?  Sure.  But according to the alleged victim’s affidavit, the strippers left the party after dancing for a few minutes (so they left after 12:02 am), but were persuaded by team members to come back to the party, after which (according to the strippers) they were allegedly forced into a bathroom, beaten, and raped.  So allowing for several minutes of "leaving" and "being persuaded", we’re talking about a very short time period.

Again, is it possible that Seligmann was there and participated during this time period?  Sure.  And you have to consider the possibility that the time stamps on the camera might be a few minutes off.  But the DA does have a bit of a problem here.

But I’m not getting sucked in to this.