Search warrant sealed in Duke fraternity rape investigation

Durham police investigating alleged incident at Alpha Delta Phi party January 8

Durham police confirm at least one search warrant related to a Duke University student's claims she was raped at an off-campus fraternity house has been placed under seal.

The search warrant was issued for 100 Hiawatha Avenue in Durham. ABC11 has learned the address is for a treehouse located near the Alpha Delta Phi house off Chapel Hill Road.

Court officials can seal documents for a specific amount of time if investigators believe the release of sensitive information could jeopardize the prosecution of their case.

Investigators have released other search warrants related to the case since the complaint was filed nearly three months ago.

A 911 call obtained by ABC11 reveals an alleged rape victim who attended a Duke University fraternity party may have suffered from scratches and bruises.

The ongoing investigation of an alleged rape at an off-campus fraternity house started with a call for help at Duke Hospital.

Search warrants show police have sought DNA evidence and other records from seven people as they investigate a woman's claim she was drugged and sexually assaulted during a fraternity party held by Duke University's Alpha Delta Phi.

The caller who accompanied the alleged victim to the hospital said that because the location of the assault is unclear, officers with Duke University Campus Police can't help.

She requested a Durham Police officer instead.

When asked about the whereabouts of the alleged suspect, the caller says he is probably at an off-campus house.

The caller told the operator that her friend has visible scratches and bruises on her legs, arms, back and forehead.

Caller:" I am at Duke Hospital with a Duke student who has been sexually assaulted. The issue and concern we're having is we don't know where she was assaulted because the body was off campus. I need a Durham Police Officer here. Duke Police are not doing it. Since we don't know where she was assaulted, having a Duke Police Officer here is not sufficient."

Caller: "She woke up around noon today. We don't know when the assault happened she was presumably in Durham, presumably drugged, the date rape drug or whatever you call it involved. She has no idea."

Operator:" Is the suspect in the area?"

Caller: "Yes, he is. He's probably in that house that is off campus."

Operator: "Does she have any other injuries?"

Caller: "Yes, bruises and scratches on her legs arms and back. And a bruise on her forehead."

The alleged assault took place Jan. 8 at the Alpha Delta Phi fraternity house in the 2500 block of West Chapel Hill Road. The private home is leased to members of the fraternity.

According to a search warrant obtained by ABC11, the Duke student told investigators she attended the party with a friend. She said one of the frat members offered to show her his bedroom. She refused and returned to the party.

She said she was poured a drink of what she was told was "hot chocolate." She said she smelled it and couldn't detect alcohol, "so she thought it was safe."

The next thing she remembered was waking up the following afternoon in a T-shirt she did not recognize and wearing no underwear. The leggings she had been wearing were lying on the floor next to the bed and appeared to be torn.

A text message on the woman's phone said "HA HA, YOU WENT BACK WITH A KID I KNOW... YOU'RE SCREWED."

The woman went to the Duke University Medical Center Emergency Room where she was examined for evidence of rape. The search warrant released Tuesday shows investigators found containers that held the hot chocolate at the West Chapel Hill Road house along with women's underwear and blood stains.

New warrants made public show investigators have asked for information from seven people - none of whom have been charged. ABC11 is not making the names public for that reason. They are one 18-year-old, three 19-year-olds, and three 21-year-olds. One of the 19-year-olds is female.

Five of the six males submitted DNA samples.

Police are also looking at phone records that show text messages between fraternity members.

They are also looking at the GPS tracker on the victim's phone. It shows her on the same street the fraternity house is on between 11:02 p.m. and 3:23 a.m. on Jan. 8. After that, it shows her phone on South LaSalle Street from 3:31 a.m. until 4:05 a.m. According to the search warrant, the man who left the party with the victim lives on South LaSalle. Then at 4:15 a.m., it shows the victim's phone arriving on the street where her dorm is located.

Duke University said that Alpha Delta Phi has been placed on interim suspension while the investigation continues.

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