His attorney at the time, Kirk Osborn, collected many items to show he was not at the party when the alleged events occurred. He said Nifong had said “he wasn’t in the mood to hear fiction right now.”
Now looking at the alibi document sent to Nifong, stamped April 24, 2006. A week after indictment. It contains photos, cell phone records, affidavits. Doug Brocker asks what the photos are. Seligmann says he needed some money to go to the Cookout. Stopped at the Wachovia at 9th and Main. Photos are from the ATM. Time-stamped 12:24 a.m.
Osborn also included dorm key card times showing he wasn’t at the party. His reaction to Nifong’s “fiction comment” was that he thought it would make things easier for Nifong. Thought the reaction would be “when they see this they’ll say what’s going on with this case?” Thought an alibi would be something the prosecution would be glad to have since it would eliminate a possible suspect.