01/03/2007

By AARON BEARD  / Associated Press

Duke University has invited two former lacrosse players accused of sexual assault to return to school as students in good standing, a defense lawyer said Wednesday.

Collin Finnerty and Reade Seligmann had been barred from attending class last semester while their case made its way through court. The third player charged in the case, Dave Evans, graduated from Duke in May, the day before he was charged with raping a stripper at a team party in March.

Rape charges against all three players were dropped last month, after the accuser said she could no longer remember some details about the case. The men are still charged with sexual assault and kidnapping.

"As circumstances have evolved in this extraordinary case, we have attempted to balance recognition of the gravity of legal charges with the presumption of your innocence," Larry Moneta, Duke's vice president for student affairs said in a letter to Seligmann dated Jan. 2.

"Now with the approach of a new term, we believe that circumstances warrant that we strike this balance differently. At this point, continued extension of the administrative leave would do unwarranted harm to your educational progress."

It was not immediately clear if Seligmann would accept the offer and return to school.

"We are ... glad that Duke University has now made it clear that Reade is welcome to return to the university and look forward to the day that he can continue living a normal life and continuing his education as a full-time student," read a statement issued by the Seligmann family.

"At this point, he's considering his options," said James P. Cooney III, Seligmann's attorney.

Wade Smith and Bill Cotter, attorneys for Finnerty, did not immediately return a call seeking comment Wednesday.

District Attorney Mike Nifong also did not immediately return a call seeking comment.