15.4.06

MANUFACTURED HATE CRIME, MANUFACTURED EVIDENCE? The investigation of rape allegations at the Duke lacrosse party takes on more characteristics of an NKVD investigation late in the 60th month of a Five Year Plan.

With a grand jury now expected to convene Monday to weigh indictments of two or three of the Duke lacrosse players tied to allegations of raping an exotic dancer, defense lawyers say they fear their clients are being targeted in a setup or sting operation possibly perpetrated by law enforcement. The lawyers have advised the players not to trust or respond to any e-mails sent to each other, one attorney tells Time.

The explosive allegations stem from an e-mail message sent in the last few days to several players from the e-mail address of another player, stating he was going to tell the police a crime occurred and implicate key players. The player denies he sent it.

These are defense attorneys talking, but the Durham police are refusing to comment, rather than denying the assertions.

A subsequent comment from the defense attorney is more speculative.

On Thursday, Durham police released the audio tape of a dispatch call made by a responding officer from a Kroger parking lot about four miles from the house where the team party took place. The officer, responding to a 911 call, noted that the accuser was in a drunken state. "She's just passed out drunk," the officer says. D efense lawyers also point to the officer's statement that he has a "24- hour hold" situation — meaning possibly a night in jail on a drunk and disorderly charge. Defense lawyers tell Time they will argue that it was expressly to avoid that possibility that the accuser fabricated the rape charge. "I know which I'd choose," says one defense attorney.

Harder to explain away is the hospital examination report. Defense lawyers will try to poke holes at it by searching for a lag time between the 911 call and the accuser's arrival at the hospital. The district attorney's office has not made public the police report stating time of arrival, and neither has the hospital.

Still developing.

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