Brendan Nyhan

Duke lacrosse alibi details and questions

Today’s Herald Sun offers more details on the alleged alibi of Reade Seligmann:

Several attorneys moved quickly Tuesday to try to discredit the indictments.


While they acknowledged that Seligmann attended the March 13 party at 610 N. Buchanan Blvd., two attorneys said Seligmann wasn’t at the party for part of the time they say the alleged rape could have occurred — between 12:10 and 12:30 a.m. on March 14. They base this timeframe on time-stamped photographs purportedly made by an unidentified student at the party.


The attorneys, however, declined to be named and would not show The Herald-Sun the evidence to substantiate their claim.


The lawyers said Seligmann has records to prove he made cell phone calls at 12:07, 12:09 and 12:11 a.m.


Then he called a cab at 12:14 a.m. and was picked up and driven away from North Buchanan Boulevard at 12:19 a.m., the lawyers said Tuesday.


Finally, a security camera at a bank ATM machine showed Seligmann making a withdrawal at 12:24 a.m., the lawyers added. They declined to be specific about which cab company or which bank Seligmann purportedly used.


Charlotte attorney Pete Anderson told The Charlotte Observer that both players have alibis.


"In the upcoming weeks, the lawyers for these two students are going to be able to provide objective evidence that demonstrates they were not capable of committing any sexual offense," Anderson said. "This will include receipts and other records demonstrating that they weren’t present at the house at the time when the assault was allegedly taking place."


The Herald-Sun could not corroborate the claim that Seligmann summoned a cab on the night in question. All 12 of the taxicab companies serving Durham contacted by The Herald-Sun on Tuesday said they did not dispatch a driver to 610 N. Buchanan Blvd. on the night of the alleged incident.


Bell Belahouel is owner and operator of the Safe Ride company, which allows Duke students to pay using an account tied to their student IDs. Belahouel said his records show both the indicted students have used his service before, but not on March 13. Belahouel, who said Mondays are usually pretty quiet, said his phone records show no calls whatsoever were made to his business between 6:04 p.m. March 13 and 8:06 a.m. March 14.


Belahouel also said he called all of his drivers who worked that night and that none of them remembered going to Buchanan Boulevard.

Update 4/19 11:29 AM: ABC was provided with more details about the Seligmann alibi, including receipts and an interview with a cab driver:

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.

ABC News traced the steps of Seligmann’s story, timing how long it took to get from place to place. In repeated trials, the drive between the Wachovia branch and the corner where the cab picked him up took approximately five minutes. This suggests that Seligmann must have left the house by around 12:19 a.m.

So, Seligmann’s alibi suggests, he and the alleged victim were in the house together for less than 20 minutes. According to defense sources, based on the alleged victim’s affidavit, all of the following would have transpired within that time period: She and her dance partner performed for several minutes, left after feeling threatened by the boys’ growing “excited and aggressive,” returned after being persuaded by team members to dance some more, and then she was forced into a bathroom, beaten and raped.

Within those same minutes, phone bill records reviewed by ABC show that the defendant’s cell phone made at least two outgoing calls.