Duke lacrosse player from LI convicted in D.C. assault

WASHINGTON - Garden City native Collin Finnerty[CORRECTION: Collin Finnerty, a suspect in the Duke rape case, is a resident of Garden City. Stories this week mischaracterized his connection to the village. PG. A11 ALL 7/15/06] was convicted yesterday of assaulting a man on a Georgetown sidewalk last fall after taunting him with anti-gay epithets.

Finnerty, 19, who is one of three Duke University lacrosse players indicted on charges of raping a North Carolina woman, did not testify during his two-day trial.

District of Columbia Superior Court Judge John H. Bayly handed the verdict down because Finnerty waived his right to a jury trial. He sentenced Finnerty to a 30-day jail stint, which he suspended in favor of 6 months' probation and a $500 fine. While on probation, Bayly instructed, Finnerty must abstain from alcohol and stay away from Georgetown, but the judge declined to make him attend anger management class.

Finnerty did not speak on his own behalf during the sentencing phase. His only utterance was a meek "Yes, your honor," when asked whether he understood that he had a right to appeal.

Bayly said that, among the many "conflicting accounts" of what had transpired in the early hours of Nov. 5 last year, the "clearest account" was given by Jeffery Bloxsom, whom Finnerty was on trial for attacking.

Bloxsom testified that he was fearful of Finnerty, who he said kept throwing punches at him and asked whether he would perform a sex act.

"I accept [that Finnerty] menaced [Bloxsom] with his fists," Bayly said as he gave his judgment. "I convict the defendant of assault on a matter of that basis. "

Assistant U.S. Attorney George Varghese said he was "pleased with the verdict. I think justice was done. "

Finnerty's attorney, Steve McCool, said he was "disappointed" with the judge's ruling but thought the sentence was "very fair and lenient. " He said he intended to file an appeal on Finnerty's behalf.

After his arrest for the incident last year, Finnerty was offered the same plea deal as his two co-defendants - fellow Chaminade High School graduates Dan D'Agnes and Patrick Bonnano - that would have let him off with community service. But that was rescinded after Finnerty was indicted on rape charges in Durham, N.C.

In court yesterday, both D'Agnes and Bonnano testified for Finnerty. The two attempted to portray the baby-faced athlete as a victim of an unwarranted beating by Bloxsom and his buddy, Scott Herdon.

Bonnano said he first encountered Bloxsom and Herdon after sneaking into Third Edition, a Georgetown bar. He said he bumped into one of the men while dancing by himself on the dance floor. He said he apologized, but they responded with "something derogatory. " Later, Bonnano said, he encountered the men on the sidewalk and a verbal confrontation ensued.

After trying unsuccessfully to engage Bloxsom and Herdon in a fistfight, Bonanno said, he and D'Agnes turned to walk away, leaving Finnerty behind.

When he looked back, Bonnano said, he saw one of the men hit Finnerty in the back of the head. After rushing to his defense and landing a few blows, he said, they decided to leave.

Bonanno said they were arrested by police a few blocks later.