Video of Controversial Lineup in Duke Case Emerges

Dec. 15, 2006 — -- A new video of one of the most critical and controversial aspects of the Duke rape case -- how the accuser picked three Duke lacrosse players out of a lineup -- has emerged, and defense lawyers want the lineup identification thrown out of the case.

Defense attorneys filed a motion Thursday asking the judge to bar prosecutors from using the photo lineup, arguing that it was conducted improperly.

The defense has also asked the judge to prevent the alleged victim from identifying the accused Duke students from the witness stand, calling her identification of them unreliable and tainted.

Based in part on those identifications, Reade Seligmann, Collin Finnerty and David Evans were indicted on charges of rape, kidnapping and sexual offense.

All three players have said they are not guilty.

In the video, taped on April 4, 2006, the 27-year-old African-American woman studies photos of the white Duke lacrosse team members.

She then points to a picture and says, "He looks like one of the guys who assaulted me."

The woman identifies three players who she says sexually assaulted her at an off-campus party in March.

Defense attorneys have been pushing the judge to toss out this crucial part of the prosecution's case, saying it was fundamentally flawed because the alleged victim was only shown pictures of lacrosse players.

"There should have been people mixed in there who you knew clearly were not at the party, so that if the witness were to have picked one of them, you would know instantly that there's a credibility problem," said Gary Wells of the American Psychology and Law Society.

Prosecutors, however, have stood by the lineup and have proceeded with their case against the three players.

In the video, the woman identifies Evans.

When she sees his photo, she tells police, "He looks just like him without the mustache."

Evans' attorney says the photo shows him clean shaven the day before the party.