A grand jury indicted Duke lacrosse player Dave Forker Evans for first degree rape, first degree sexual offense and kidnapping today.
The shocker is that the person charged was NOT Dan Flannery and the problems this causes with the accuser's statement. In the search warrant, she not only describes what occurred but names her three attackers as Adam, Brett, and Matt. As we know from those individuals charged, none of the names match. This might have been a major problem except for the fact that she also states that at least one of the attackers, while introducing himself as 'Adam' was being called 'Dan' by the other members. A little investigative work finds that Dan Flannery had used the alias Adam when hiring the strippers and that he had addmited as such. This would have meant that the accuser, in essence, was claiming that Dan Flannery was one of the attackers. The problem is, of course, that she failed to pick him out of the lineup completely.
We are left with a couple of different options on what this could mean.
1) Her witness IDs are full of crap. This dosen't mean that she wasn't attacked, but that for some reason, she can't seem to pick the 'right' people from the lineup even though she claims a 90-100% accuracy.
2) She's lying her ass off in the witness statement when she named Adam (call me Dan) because he was the only person she knew for sure was using an alias. This clear indication of alias use would support her when the names she gave completely failed to match up with those individuals she then pulls from the lineup.
3) Not only was Dan Flannery not the only one to use the Adam alias, but one of the other three indicted players told the accuser his name was Adam, had the other lacrosse players call him Dan, all the while being really named Reade, Collin, or Dave.
Can anyone think of any other options?
Sidenote, Evans claims to have never had a mustache. Defense attorneys say they have photos the day before, day of, and day after the party to verify. Add to that there are potentially dozens of witnesses from students in his classes to professors to whoever that this was the case in the days before the event. If true, this would be a death knell for the ID as far as I'm concerned.
I mean, think about it. If you claim with 90% certainty that a picture looks like someone but only without a mustache, and then it turns out the person never had a mustache....how accurate can the ID be? I'm waiting for someone to float the ridiculous assertion that pehaps Evans was wearing a groucho mustache the night of the party or something.