The guard was on duty at the store on the night of March 13, when the two women pulled into the store's parking lot in a dark sedan. The alleged victim, who says three men held her down in a bathroom and kicked, strangled and raped her, was in the passenger seat.
On the tape, which was recorded April 3, three weeks after the lacrosse party, the guard can be heard saying, "There ain't no way she was raped — ain't no way, no way that happened."
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A grand jury in Durham, N.C., will consider today whether there is probable cause that a crime took place. If 12 out of 18 grand jurors think there is, an indictment will be returned. The crimes in question include first-degree forcible rape, a class B1 felony.
ABC News has learned that the prosecutor has told defense attorneys the alleged victim has identified two lacrosse players from photos with 100 percent certainty and is 90 percent sure on a third.
Something smells odd, and I think it's more than the usual stripper smell. There are too many seeming contradictions to take this with anything short of a very large grain of salt. My analysis from earlier today still holds. The DA is supposed to be intelligent; either he's lost his head over the sensationalism of the case or he has an ace up his sleeve. Stay tuned.
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