Grand jury indicts lacrosse players

Garden City resident charged along with a teammate in rape of dancer; DA says more arrests are possible

BY JOHN MORENO GONZALES | Newsday Staff Correspondent

April 19, 2006

Duke lacrosse player Collin Finnerty waits to appear before a judge in a courtroom at the Durham County Judicial Building in Durham, N.C. (AP Photo / April 18, 2006)

DURHAM, N.C. - Chaminade High School graduate and Garden City native Collin Finnerty was charged along with another Duke lacrosse player yesterday in the rape and beating of a 27-year-old woman, tying one of Long Island's sons to a case that has been at the center of national debate on race and privilege.

Few new details were made public as Finnerty, 19, and Reade Seligmann, 20, of Essex Fells, N.J., were arrested on identical charges of first-degree rape, first-degree sexual offense and first-degree kidnapping. They emerged handcuffed from a sheriff's deputy vehicle as they were led into a magistrate's office just before 5 a.m.

Durham County District Attorney Mike Nifong, saying the rape investigation was continuing, pointed to a possible third arrest in the case in which a black woman hired to dance at an off-campus team party March 13 says she was raped and beaten by three white players.

"Investigation into the identity of the third assailant will continue in the hope that he can also be identified with certainty," Nifong said in a written statement. "It is important that we not only bring the assailants to justice, but also that we lift the cloud of suspicion from those team members who were not involved in the assault."

Defense attorneys maintained the players' innocence yesterday, saying they had evidence showing neither man was at the scene during the alleged half-hour assault. Attorneys representing other Duke lacrosse players said neither Finnerty nor Seligmann had any contact with the woman that night.

Bill Thomas, a lawyer for a player who has not been charged, said that one of the two men under indictment did not even attend the party. He would not specify which one, saying only that "multiple witnesses and a commercial transaction" would provide an alibi.

According to a filing made by the district attorney's office, the residents of the house where the party took place told police that Seligmann was one of six players who did not attend the party.

But according to the indictment, the two sophomores "willfully and feloniously did ravish and carnally know [the victim] by force and against her will." It also accuses the pair of "unlawfully confining her, restraining her and removing her from one place to another, without her consent."

Finnerty is among 14 of the 47 players on the nationally ranked lacrosse team who come from Long Island.

On the street where Finnerty lives in Garden City, neighbors yesterday hung yellow ribbons in support. And at Chaminade High School in Mineola, where he was a star lacrosse player for four years, his coach described him as a good student and player.

"He was never in any trouble here. He was a good teammate, a fit-in kind of player," said Jack Moran. "I have complete faith in the American justice system. Whatever the truth is, it will be found out," he said.

Finnerty's lawyer, Bill Cotter of Durham, pointed out that the indictment against both players was returned by a grand jury that is required to find only probable cause to issue charges. The grand jury also does not hear defense arguments on behalf of those accused.

"The next jury will hear the entire story, which will include our evidence," said Cotter. "We're confident that these young men will be found innocent."

Finnerty must complete community service for a misdemeanor assault charge in Washington, D.C., in order to have that case dropped under a diversionary agreement. Court papers there say he and two companions beat a man in November after calling him "gay and derogatory names."

Standing true to the 6'3" and 175 pounds listed for him on the Duke team roster, Finnerty appeared in Durham County Court yesterday in a blue blazer and yellow tie. During the "first setting" procedure in which he registered his attorney, Finnerty sat next to his father. Both declined to comment.

Kirk Osborne, Seligmann's attorney, came to the proceeding on his client's behalf. In a courtroom hallway packed with reporters, he also took issue with Nifong's use of the grand jury in the case.

"It's hard to find words to describe to you the unfairness, the miscarriage of justice," said Osborne, of Chapel Hill. "This is a family, a kid, an honorable kid, who has never done anything wrong in his life."

Finnerty and Seligmann are scheduled to appear in the court May 15 for a hearing to deal with pretrial motions. Each man has posted a $400,000 bond.

Duke University President Richard Brodhead said in a statement yesterday that the case now moves from "unfocused speculation" about members of the team to "the court of law."

"It has brought pain and suffering to all involved," Brodhead said.