April 17, 2006 — -- A grand jury in Durham, N.C. handed up two sealed indictments in the Duke lacrosse rape investigation today.
A sealed indictment does not mean an arrest must be made though it does provide the prosecutor leverage with potential defendants who believe once their names are public their reputations will be destroyed.
The sealed indictments put the attorneys for the accused in a touchy position because they will be told their client has been indicted but not what the charge is and how many counts, making it difficult to defend.
A 27-year-old woman told police she was attacked March 13 by three men in a bathroom at a party held by the lacrosse team. Players have maintained a wall of silence, and there have been reports that the woman is able to positively identify two and nearly positively identify a third suspect based on their pictures.
However, a complete lack of DNA evidence was found on the woman from any players on the lacrosse team.
As of early Monday, sources told ABC News that police were still investigating who was and who was not at the party, and there's been a lot of contact between prosecutors and defense attorneys asking for information to help determine who was there.
Questions also remain on when the identifications came from the photographs and how prosecutors will proceed with a lack of DNA evidence. There also is audio from police and a security guard on the scene saying the alleged victim did not ask for help and appeared to be intoxicated the night of the incident.