Tom Maguire finds something in the storyline that doesn’t quite fit:
Weren’t both women missing for the 20–30 minutes? Per the prosecution version, where was the second dancer while the first was being assaulted?
And if she was performing, why no photos?
I think I have an answer to that, and it came to me when I realized this morning how close the second lacrosse house is to the first (less than a two minute walk). Since this is at best speculation I am putting it below the fold.
First a little bit of setup: the second dancer (who has been referred to in various accounts as “Kim,” so we’ll use that as her name) strikes me as a “pro” in the escort business, while the accuser, if we buy her account that she just recently returned to the exotic entertainment industry, isn’t.
The lacrosse team orders up two separate entertainers from two different services for 11:30. Kim shows up 15 minutes early and is ready to start at 11:30; the accuser is 15 minutes late, so nothing happens until midnight. The accuser’s inexperience makes for an appointment that turns real lame, real fast—my guess is she refuses to do a lesbian sex show with Kim. Words are exchanged. She goes into the bathroom around 12:05.
Now, here’s where I think both sides are lying. Kim doesn’t go in the bathroom too (as the lacrosse team claims). Nor does she search the tiny house for the alleged victim for half an hour like it has been claimed that she did. Instead, Kim—being a pro—takes one or two of the guys up on a request for “services,” and goes with them over to 1103 Urban, leaving before Seligmann and his buddy do (this part is important). She services the guy or guys, and comes back half-an-hour later to find the alleged victim passed out either from drugs or alcohol on the back porch, berates one of the guys into dragging the AV into her car, makes like she’s gonna call 911, and high-tails it out of there. Other guys at the party call the cabbie, he comes and picks them up.
Now, here’s the wacky part. I think Kim, not the alleged victim, identfied (or at least narrowed down the suspects to include) Seligmann, since he was still at the party when she went to 1103 Urban—maybe he saw him head to the bathroom or something on her way out the door with Mystery Player(s). Unbeknownst to her, Seligmann and his buddy also headed over to 1103 Urban a few minutes afterwards, but Seligmann doesn’t go inside, instead waiting outside for the cab.
What this doesn’t tell us is what happened to the alleged victim. If we assume that no sex took place, as asserted by the defense, it is still possible there was an altercation over the $400, one that a couple of lacrosse guys easily win over Drunk Girl, who is too out of it to identify any attackers as anything other than J. Random White Guy. If we don’t buy “no sex took place,” maybe she was up for one-on-one action with a guy, but that isn’t worth (to him, at least) $400. Perhaps the alleged victim is raped. No matter what happens, Kim isn’t there to support the alleged victim’s account; she’s elsewhere.
This does, however, explain a lot: it explains why nobody asked for their money back from Kim (someone got their money’s worth), it explains Kim’s changing story about what happened at the party, it explains why Seligmann was picked out, and it explains the comment by the as-yet unnamed player in the cab: they were expecting a sex show, but “she’s just a stripper.”
Again, this is only speculation. But I think it’s a plausible theory… so, have at it.