Vigorous Defense or Trashing the Alleged Victim? Duke Rape Defendant Files Motions

April 25, 2006 — -- Accused Duke lacrosse player Reade Seligmann's lawyers have said he's innocent of the rape allegations made by an exotic dancer. They say he has an alibi.

On Monday, those statements were put into writing at the Durham County Courthouse.

On Monday, J. Kirk Osborn, Seligmann's attorney, filed three new motions on his behalf -- all strongly worded and all with big implications for the indicted sophomore's part in the Duke lacrosse rape investigation. After submitting the documents, Osborn declined media requests for comment.

In two of those motions, Seligmann's lawyers asked for detailed personal information about the alleged victim. They requested, among other things, personal, medical and educational records of the accuser, and criminal records or "bad acts" committed by any witnesses the prosecution planned to call to the stand.

"This request is based on the fact that the complaining witness has a history of criminal activity and behavior, which includes alcohol abuse, drug abuse and dishonesty, all conduct which indicate mental, emotional and/or physical problems, which affect her credibility as a witness," the defense said in court papers.

The two longer motions by Seligmann's lawyer -- they take up 23 of the 25 pages he filed in court Monday -- requested the accuser's detailed personal information. Among the items requested were her medical, mental health, and substance abuse treatment records.

The motions also requested information about any contact she had with the Department of Social Services Agencies, Probation and Parole, Child Protective Services Agencies, and other government branches. The motions also cite her prior arrest record, a possible history of mental problems, and the fact that there's more than one version of her rape story.

In addition, Seligmann's defense team requested her educational records from North Carolina Central University and Hillside High School, including any disciplinary action.