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Case not dismissed

Duke lacrosse players still face some serious charges

Posted: Friday December 22, 2006 3:23PM; Updated: Friday December 22, 2006 3:43PM
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District Attorney Mike Nifong had little choice but to drop the rape charges against three Duke lacrosse players once the accuser changed her story.
District Attorney Mike Nifong had little choice but to drop the rape charges against three Duke lacrosse players once the accuser changed her story.
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SI.com caught up with Sports Illustrated legal expert Lester Munson to talk about the latest news concerning the Duke lacrosse rape case.

SI.com: What is the basis for the dismissal of the most serious charges against the three Duke lacrosse players?

Munson: From the beginning, the police and District Attorney Mike Nifong had no forensic or scientific evidence of a rape. There was no evidence of the kind of physical injury typically seen in a forceable sexual assault. The only evidence of a rape came from the accuser. When she changed her story on Thursday the prosecution had no remaining evidence to support the rape charge.

SI.com: Is the dismissal of the rape charges a surprise?

Munson: Yes, but it is not a big surprise. There have been serious doubts about the rape charges from the beginning at the time of the arrests. The lawyers representing the Duke lacrosse players have been successful in raising significant doubt about the charges and the character of the accuser. The timing of the dismissal is a big surprise. A dismissal like this ordinarily comes on the eve of the trial.

SI.com: What's next for the accused Duke players?

Munson: They still face some serious charges. There is little doubt that something unsavory happened at the party on March 13. After the dismissal of the rape charges, it will be easier for the accused players to attempt to settle everything with a guilty plea on lesser charges. The likelihood of a trial on any of these charges is now greatly reduced.

SI.com: Can the Duke athletes now consider any action against prosecutor Nifong or the accuser?

Munson: It's possible that the Duke athletes and their attorneys may discuss the possibility of a malicious prosecution lawsuit against Nifong or the accuser. The wiser course would be to drop any such idea and seek a final resolution of the remaining charges.

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