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Duke Lacrosse Defense Attorneys Want Details Of Second Photo Lineup

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DURHAM, N.C. — When former Duke lacrosse captain David Evans was indicted May 15, he stood in front of reporters and claimed his innocence. Now, his attorney has filed new motions to back up Evans' claim.

In the documents, Evans' defense team says the state has not turned over all the evidence. Specifically, they say there were actually two photo lineups.

During one lineup done three weeks after the alleged assault, the dancer identified Evans with 90 percent certainty, saying the picture of the man was her attacker if he had a mustache. However, Evans' attorneys say there was a second photo lineup done just eight days after the woman says she was raped. In that lineup, attorneys say Evans was not chosen at all.

The motions also talk about information from the first officer to see the dancer. The motions say the officer had to use an ammonia capsule to rouse the unconscious woman.

The police report also says the alleged victim first reported that she was groped but not raped, but later changed her story and was taken to the hospital.