Friday, September 29, 2006

Don't Make It Harder Than It Has To Be

Kim, 3.22.06:

At about 11:30 Precious arrived and came to the back where we met for the first time. I waited outside and she went inside to collect her money. She showed me her payment ($400.00) and we went straight the bathroom where my outfit was to change clothes. Precious came with her dancing gear on and did not need to change.

We conversed about our plan for the dance. There was a knock on the door and we were handed two drinks of equal amounts. We did sip the drinks, but Precious cup fell into the sink. We finished getting dressed and proceeded to the living room, led by Dan, to do our show. There were about 20-25 young guys there, who were all sitting down. Precious and I began our show which, in my opinion, seemed to be going well. Precious began showing signs of intoxication at this point. We continued with the performance until one of the boys brought out a broomstick and after asking if we had any toys, said he would use the broomstick on us.

That statement made me uncomfortable and I felt like I wanted to leave. I raised my voice to the boys and said the show was over. The commotion riled Precious up and caused her to get irate. I went to the bathroom with Precious and I told her I wanted to leave. Precious felt we could get more money and that we shouldn't leave yet.

***

Bissey, 4.26.06:

4. At approximately 11:50 p.m., I saw from porch that a car had been stopped directly in front of 610, and noted that two young women, both appearing to be African-American, were walking from the direction of the car and proceeding to the back-yard entrance of 610. One of the two was dressed in an extremely short tan skirt and was wearing high heels. Her hair was pinned up above her ears. The other women was more conservatively dressed in pants and a sweater or blouse of some sort, and her hair was shoulder-length and curly. The two women briefly spoke with one of the men who was in the back yard. I remember hearing that he lived "at the other house," which in retrospect I assume to be the house on Urban Ave. that also was rented to Duke lacrosse team members. This man then left in the direction of Watts St., apparently to residence to which he had just referred. Another young man spoke briefly with the two women just outside the back door of 610, and then proceeded indoors. At this point no one was outside of 610 besides the two young women.

5. A very brief conversation between the two women ensued, which I observed by switching to another chair on my porch. The more conservatively dressed woman noticed me at least once, when we made eye contact. She was speaking to the more proactively-dressed woman in a tone that I deduced through body language to be sort of coaching, as if she was preparing her for something that she herself was comfortable with, but needed to talk the woman with the short skirt through it. I did not overhear any specific words at that time. Twice that I noticed during this conversation, a man or two different men opened the back door of 610 and spoke to the women, and the more conservatively dressed woman responded both times something to the effect that they would "be right there," or "just give us a minute."

6. I saw the women enter 610 together. After a moment, I remember quite specifically noting that it was Midnight. The reason I know it was Midnight is because I looked at my cell phone and noted the time. At approximately 12:05 a.m. on Tuesday, I re-entered by house and took a shower.

***

Crystal, 4.6.06:

"We went into the bathroom and shut the door."

"Dan knocked on the door and asked if we wanted a drink. We said yes. He gave us a drink and we continued to talk."

IMPORT: "Nothing happened" prior to the conclusion of the "dance" at 12:04 a.m.

***

12:18 a.m. at the LATEST: Seligmann & Wellington leave the house and walk to the corner of Watts and Urban, where Elmo picks them up at 12:19 a.m.

Note: Wellington's Affidavit indicates that he and Reade waited at the corner for Elmo's arrival for "a few minutes." It is likely, then, that they left the back porch as early as 12:15 a.m., a minute after Reade had spoken to Elmo on the phone.

IMPORT: Fourteen minutes, at most, and perhaps as few as eleven, elapsed between the conclusion of the "dance" and Seligmann's departure from the premises.

***

Kim:

We continued with the performance until one of the boys brought out a broomstick and after asking if we had any toys, said he would use the broomstick on us.

That statement made me uncomfortable and I felt like I wanted to leave. I raised my voice to the boys and said the show was over. The commotion riled Precious up and caused her to get irate. I went to the bathroom with Precious and I told her I wanted to leave. Precious felt we could get more money and that we shouldn't leave yet. She was uncontrollable at this point and was yelling at the boys who were knocking on the door to leave us alone. I finally decided to leave the house. I left the bathroom, grabbed my bag and exited the house with my dancing gear on.

I went to my car, wanting to leave, but not wanting to leave the girl in the house alone. I changed my clothes in the car where some of the boys were coming to my window asking me to talk to them. I was told by one of the guys that Precious was passed out in the back and could I please do something with her.*

By this point, it seemed that the fellas may have been ready for the evening to be over. I told them that if they could get her to my car, I would get her out of their hair. Within minutes, she was being helped out of the back yard and into my car...

...-forgot to mention that the first time Precious came to the car she left because she felt there was more money to be made. It was after then, that the boys helped her to the car. They carried her by throwing her arms over their shoulders and assisting her walking to the car - I can't remember if only one boy helped or 2.

The point in time where I went to get Precious' things from the house, I walked to the back of the house thru the side of the house outside. I entered the house from the outside from a back door. I looked in the bathroom to retrieve her things but could not find them. I exited the house the same way I came in, along the side of the house to my car without finding any of her items.

***

Bissey:

At approximately 12:05 a.m. on Tuesday, I re-entered by house and took a shower. As I was getting re-dressed in my bedroom, which is on the opposite side of the building from 610, I heard loud voices outside. I had left my front door open, and the voices were carrying from in front of my residence, as well as open windows along the alley between 608 and 610.

7. At this point, anywhere from 12:20 a.m. to 12:30 a.m., I observed 20 to 30 young men in the alley between my residence and 610 Buchanan, and on the sidewalk in front of my building. From the front living room of my house, I heard men yelling amongst themselves about money. Specifically, I heard one man call sarcastically at one of his peers that it was "only $100 bucks" that he had apparently spent. It is not clear to me exactly when I noticed one of the men was leaning into the driver's side window of the car that was parked directly in front of 610, but it appeared that he was having a conversation with whomever was in the vehicle at the time...

...Eventually, the situation seemed to have subsided, with some of the men calling to each other "guys, let's go" repeatedly in an effort to disperse the party, and the conversation between the women who were apparently in the car and the young man at the driver's window seeming to be calm.

9. I noted that the skimpily dressed women had exited the car, saying something to the effect that she would go back into 610 to retrieve her shoe. She seemed agitated, but not hysterical. I left the front door open so that I could hear if the situation flared up again. I would estimate that the young women left the car at around 12:30am.

***

Crystal, 4.6.06:

"Nikki and I started crying."

"We ran out to the car screaming and crying."

"Nikki told me that they were sorry and that they were going to give us $1200 if we stay. Nikki and I got out of the car and went back into the house. As soon as we got back into the house, they were more excited and angry."

"Nikki and I started to leave again, and three guys grabbed Nikki and Adam, Matt and Brett grabbed me. They separated us at the master bedroom door while we tried to hold on to each other."

"The boys hit and kicked me. Matt grabbed me and looked and me and said sweetheart you can‘t leave."

Crystal, to Levicy, 3.14.06:

The accuser told the nurse that Nikki had urged her to have sex with her and one of the men, "Brett." The woman said something didn't feel right and she stormed out of the house. She said she argued with Nikki in the car. Brett and Nikki then carried her back into the house, the nurse wrote.

"I kept telling them no," the nurse's narrative said. "Nikki said, 'Girl, you want some more to drink, we got to make some money.' ... I said no, I want to get back in the car."

The woman said she was taken into a bathroom
where three men -- Adam, Brett and Matt -- raped her anally, vaginally and orally, using racial and sexual slurs while they assaulted her. One of the men, Matt, said he was getting married the next day. They did not use condoms and threatened to kill her if she didn't comply, the woman said, according to the nurse's notes.

"Someone was knocking on the door letting them know it was time to go. ... Nikki was on the other side of the door and we started arguing."

The woman said she begged Nikki to take her home. She told the nurse that Nikki pushed her out of her car and took her money.

Crystal, per statements attributed to her in Durham Police Department Affidavit dated 3.16, and repeated in P.D. Affidavits dated 3.23, 3.27 and 4.18:

"The victim and her fellow dancer decided to leave because they were concerned for their safety. As the two women got into a vehicle, they were approached by one of the suspects. He apologized and requested they go back inside and continue to dance. Shortly after going back into the dwelling, the two women were separated."

IMPORT: "Nothing happened" until after the exit and return. Bissey recalls twenty to 30 men in the alley between his house and 610 Buchanan at around 12:20-12:30 a.m. He has just concluded taking the shower he commenced at 12:05 a.m. He sees a male talking through Kim's open car window to whomever was inside and, at about 12:30 a.m., sees Crystal exit the vehicle saying something about going back to the house to retrieve her shoe.

IMPORT: Seligmann was gone before the "exit and return."

IMPORT: NOTHING HAPPENED.