Two Duke University Lacrosse Players Indicted in Rape Case - 2:35 p.m.

This morning two Duke University lacrosse players were arrested in the controversial rape case that's been hovering over news headlines for the last few weeks. The two players, Reade Seligmann of Essex Fells, N.J., and Collin Finnerty of Garden City, N.Y., responding to an arrest warrant issued yesterday, turned themselves in at 5 am.

Their bail was set at $400,000, Reade Seligman made bail and was released a few hours later.

The two players were part of the 41 players that attended the little shin dig we'll call Animal House 2006. The prosecution is seeking to charge a third player but have yet to get an indictment.

The accuser (remember that term) and another girl were hired to dance for the party on March 13th. She later told police that she had been separated from the other dancer, locked in a bathroom and assaulted vaginally and anally. She said there were three men.

46 of the 47 lacrosse players submitted DNA, the 47th player is black. He was excused because the accuser says the alleged rapists were white. The DNA tests came back negative.

It seemed after the DNA tests the case would fall off the radar, but the attention of the case, and the fact that doctors who checked her out say something did happen to this woman, kept the heat on. The result is the "surprise" indictments in the case.

The evidence in the indictments haven't been made public.

Some backstory as I've heard it.. The two women didn't know each other. They came from separate agencies and were told that they would be dancing for five guys. It wasn't until they got there that they found it was 41 guys (imagine that). They proceed to perform and were offered a drink. The accuser took it and the other girl didn't.

The accuser was initially described as being intoxicated after the party, but no one has said if they smelled liquor on her - not sure is she was tested for alcohol. More than likely she hasn't, because her blood alcohol level would be on the front of the NY Post.

Last night, the other dancer decided to speak to clear up what she says has been misinformation by the defense lawyers. "The defense feels like they can say anything they want to because they know we don't want to put ourselves out there," she told NBC 17, mentioning that defense attorneys have implied the two dancers concocted a scheme to accuse the lacrosse players and extort money from them.

She admitted calling 911 and sounding jumbled with details of the incident. She called because of racial slurs yelled at them as they left. She blamed the confusion of the moment and the fact that she was trying hide that she had been dancing as the reason for her evasiveness. Her parents don't.. well, they didn't... know she was getting her eagle on for $$$.

"They know that we don't want to go on any news channels and put our faces in front of thousands of people," she said.

She also appeared on MSNBC's Rita Cosby Live & Direct (it might have been the same interview) where she said the accuser didn't look like the same woman when they left. "She definitely was under some sort of substance," she said.

It's suspected that the drink she took was spiked.

Looking back she said.. "I think it's quite possible that something horrible happened to her. It scares me to know that I was in a place where I trusted people. The more I find about pictures. I never gave anybody permission to take pictures. I also have heard.. I don't know if it's true or not, that there may be video. it makes me think, what their intentions were. Where was the video? It makes me think about the characters of these people."

As far as the accuser's charges, a girl she didn't know.."It would be hard for me to understand why anybody would put themselves through this if she weren't telling the truth."

My take..

The girl was raped. Don't know if it was the guys arrested, but someone or someones (is that a word?) at that party drugged and raped the girl. DNA tests be damned. We're talking about ritzy, rich kids facing a black girl's accusations. Should we also mention that she was dancing in a thong, which takes her down another notch on the public barometer?

I'll conjure up the ghost of Johnny Cochran and believe that those DNA tests can be manipulated or just plain wrong.

The minute they came back negative I'm thinking, 'Ok, so what happened to her?' It's agreed that she was sexually assaulted, what's the explanation for that physical  evidence? I've heard some people say, well maybe her boyfriend did it and she decided to accuse the players instead. Right, and maybe she's pregnant and the kid will come out looking like the baby in Scary Movie 4.

I'll admit that if it were the other way around - white dancer, black basketball team - and the tests came back negative, I'd say, 'well there you go.' But that wouldn't be the right thing to say, the question would remain, what happened to the girl?

But there is a huge difference in white people accusing blacks of crimes and black people accusing whites. If you wanted to falsely accuse someone, it's just easier, and so much scarier to say that 41 black guys had two white girls stripping for them. One is trapped in a bathroom and raped.

There would be a sign posted outside the court, first day of the trial, for a public lynching - let's bring that back. Unless you've got Kobe or OJ defense funds the situation would be bleak.

Race aside, this case will be decided by the character of the individuals and whatever evidence the prosecution has that can bring the negative DNA tests into question. It'll be interesting to see how things pan out. Although I won't be surprised if the guilty party is never found.

The accuser is a student at N.C. Central University, a school across town from Duke University. Jesse Jackson has offered to pay her tuition whatever the outcome of the case, so she doesn't have to show up for anymore parties as the entertainment and possible dessert for the night.