Defendant in Pizza Delivery 'Rape' Passed Polygraph

Lawyer for rape defendant releases polygraph he claims to have passed.

June 5, 2009— -- The lawyer for a man accused of kidnapping, tying up and raping a woman in a remote Smoky Mountain cabin released a photo yesterday of the woman with the man smiling happily.

David Jansen was arrested after a pizza deliveryman spotted the woman with her hands bound and she mouthed the words, "Call 9-1-1."

Jansen tried to convince police that the woman, whose identity is being withheld because she may be the victim of a sexual assault, was with him voluntarily and that she enjoyed bondage.

The photo released by Jansen's lawyer is the latest evidence that has raised questions about the accusations leveled by the woman.

The picture, according to the lawyer, Don Bosch, shows them smiling together at the strip club Tattletales where he claims she worked. Bosch said that Jansen would spend up to $1,000 a night with her at Tattletales where he knew her as "Violet."

The attorney also released the results of a June 1 lie detector test administered to Jansen that he reportedly passed.

In addition, Bosch released photos of herself the woman allegedly sent to Jansen, credit card receipts for a facial and a dinner he allegedly paid for the woman, and surveillance videos of Jansen in a convenience store and at a busy gas station on the day he was accused of kidnapping the woman.

A man who answered the phone at the woman's house said he didn't know where she was. She did not return ABCNews.com's phone call.

Earlier this week, it was learned that the accuser has a history of making false reports of rape and being stabbed.

Maj. Ron Hunton of the Cherokee County Sheriff's Department, about 30 miles north of Atlanta, told ABCNews.com earlier this week that the woman twice called police in August 2005, saying she had been kidnapped from her apartment by two Hispanic men and taken behind a Kohl's store and raped.

"Once her story quickly unraveled, the short version is the evidence didn't match what she was saying," Hunton said. "She eventually admitted that she made the allegation up."

Hunton said she pleaded guilty and was sentenced to probation and community service.

But while investigating the woman's story, Hunton said they turned up an arrest from Henry County in 2004 where she had made very similar claims that turned out to be false -- that she was kidnapped and raped by Hispanic men. Hunton said she was never charged in that incident.

Alleged Rape Victim Has History of False Accusations

And in Fannin County, Hunton said the woman pleaded guilty to another count of making a false report after claiming she had been stabbed.

Jansen was charged with aggravated kidnapping and aggravated rape. He was released after posting $800,000 bond. His wife has left him and taken their two children with her, a lawyer for the wife told ABCNews.com.

The case gained notoriety when pizza deliveryman Chris Turner was initially hailed as a hero for rescuing the woman.

Turner, who worked for Capelli's Pizza & Subs, told ABCNews.com that he initially didn't know what to think when he delivered the large supreme pizza, 10 hot wings and four bottles of 20-ounce soda to the cabin.

Turner, 32, said he saw the woman, whose name is not being released due to her accusation of sexual assault, laying on the couch when he asked Jansen to sign the credit card slip for the purchase.

The woman, on her back with her wrists tied, lifted herself up to look at Turner, he said, and mouthed "Call 911."

"I really didn't know to believe her at first," Turner said, adding that she was fully clothed and he at first thought he had stumbled onto a couple simply having a sexual encounter. "She really didn't look like she was in distress."

Turner said he mouthed back to the woman, asking if she was "for real" and decided she was serious after she rolled her eyes back at him.

Turner said he tried to play it cool with Jansen, then hopped back into the car where his wife was waiting and had her drive to the nearest neighbor's house to call 911 since his cell phone didn't get service in that part of the mountains.

"I was pale white and numb all over," he said. "I just told her to go."

Deputies initially believed Jansen's story that the two knew each other through a club that the woman owned with her husband and that they had discussed the bondage, but began doubting his account after speaking with the woman, according to police reports.

According to the woman's account to police in the report, Jansen pulled up next to her while she was jogging and asked her to come look at his new car. The woman told police she sat down but Jansen then tied her hands down with what she described as "pre-made restraints of rope," according to the report.

Woman Was Bound in Car

The woman told police that Jansen locked her cell phone in the trunk and, once at the cabin, he made her take medication from a paper towel before he cut her clothes off and raped her twice, the documents state.

Deputies reported finding clothing in the bedroom and bathroom that appeared to have been cut or ripped. The report states that deputies found rope tied to the headboard and footboard of the bed and that the woman had a small scrape and a scratch on her face.

The car Jansen used, according to the police report, was a rental that had rope tied around the headrest on the passenger seat.