Duke Accuser Changes Story. Again.

Defense cites dancer's fluctuating account in new dismissal bid

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Duke Accuser Changes Story. Again.

JANUARY 11--The ever-evolving story from the accuser in the Duke rape case has been adjusted again, according to a statement given by the woman last month to North Carolina investigators.

During a December 21 interview with an investigator for Durham District Attorney Mike Nifong, the woman tweaked her version of the alleged attack, changing the timing of the sex assault, details about who attacked her, and the names they used.

The changes in the alleged victim's account are detailed in a defense motion filed today seeking dismissal of charges against Reade Seligmann, David Evans, and Collin Finnerty. A copy of the motion can be found here.

Lawyers for the three men argue that the accuser's credibility has been undermined by her shifting account of the March 2006 lacrosse team party at which she performed along with a fellow exotic dancer. The defense motion points out that the change in the accuser's attack timeline came after reports that Seligmann had an alibi for the period of time during which she initially claimed the assault occurred.

But while the woman now claims that the sex assault came nearly an hour earlier than she first reported, Seligmann's lawyers contend that their client has an alibi for the earlier period as well.

As a result of the accuser's interview last month with investigator Linwood Wilson, Nifong was forced to drop rape charges against the three athletes after the woman said she was no longer sure that she had been vaginally penetrated by her attackers. Nifong dropped the rape charges a day after Wilson's interview with the accuser, which was the first time that a D.A.'s representative had spoken with the woman since last April's filing of felony charges against the three Duke players. (19 pages)