Reply #21: The Evidence of Innocence: Strong and Clear

[IndianaGreen]

Nifong's request for search warrant says that the victim was raped anally as well as vaginally. Today's release of medical report shows nothing to support Nifong's claim in the search warrant.

The Evidence of Innocence: Strong and Clear

Let's start with the time-stamped digital camera photos. There was speculation that the time-stamps might have been altered - but defense attorneys pointed out that the time stamps matched the time shown on watches in the photos themselves, disproving that theory quite conclusively.

The key photos place the accuser on the back steps of the house where the party took place at 12:30:47 a.m. - and there again (this time with a cut on her foot) at 12:37:58 a.m. - leaving only about seven minutes for the alleged rape to have occurred. Meanwhile, other photos make clear that there was no other time frame during which the rape could have occurred.

Additionally, taxi logs and ATM receipts place one of the defendants, Reade Seligmann, miles away from the home at a time when, according to the accuser, he was violating her inside the home's bathroom.

At 12:24 a.m., according to an ATM receipt, Seligmann's ATM card was used at a nearby Wachovia bank. Was this a clever ploy by Seligmann to create an alibi by having someone else use his card while he was raping the accuser? Hardly. A cabdriver confirms Seligmann's trip, with a friend, to the bank, and it appears phone records will show him calling an out-of-state girlfriend just after the ATM trip. The driver's account is confirmed by his log of stops. And presumably, Seligmann's friend can confirm all this, too.

After the ATM trip, the cabdriver says, Seligmann and his friend headed to get fast food, and the driver dropped them off at the dorm. And indeed, Seligmann's student ID card was used to check in at 12:46 a.m.

http://writ.news.findlaw.com/commentary/20060428_spilbor.html