An Updated Chronology of the Duke Lacrosse Case, March 13-31

Sceptical who wrote the articles about Tara Levicy and the Duke University Medical Center has compiled an updated Chronology of the Duke Lacrosse Case for March 2006.


MONDAY MARCH 13: Lacrosse team spring break party at 610 N. Buchanan

Hired strippers Crystal Mangum and Kim (Roberts) Pittman arrive at about 11:45 p.m.

TUESDAY MARCH 14: Performance begins about midnight and lasts only a few minutes, ending at 12:04 a.m. with altercation.

First of 9 telephone calls by Reade Seligmann made at 12.05 a.m.; he leaves with team- mate Robert Wellington in cab driven by Moez Elmostafa at 12:19 a.m. going to ATM and Cookout Restaurant.

Collin Finnerty leaves house and talks to friends at 12:22 and 12:27 a.m.; he goes to Cosmic Cantina with 3 friends after call at 12:33 a.m.

Mangum calls her escort service at 12:26 a.m.

Mangum stumbles down stairs outside of house at 12:31 a.m. where she remains for minutes until helped to Pittman’s car.

Mangum & Pittman drive away at 12:41 a.m.

Pittman makes phony 911 call at 12:53 a.m.

Two police cars arrive at 610 N. Buchanan by 12:55 but party-goers had scattered.
.
Mangum & Pittman drive to Kroger; a call to police is made at 1:22 a.m. by security guard. Mangum appears unresponsive.

Mangum taken to Durham ACCESS by Durham PD at 1:55 a.m. where she first claims rape.

Mangum taken to Duke Emergency Department at 2:45 a.m. where she was met by Officer G.D. Sutton and later Sgt. John Shelton. She is evaluated by ED nurses and physicians and left on a gurney to await SANE exam.

Duke & Durham police confer at loading dock outside Duke Hospital about case at 3 a.m.

Inv. B. Jones of Durham Police interviews Mangum in E.D. at 3:50 a.m.

Tara Levicy R.N. & Julie Manley M.D. attempt SANE exam at 9 a.m. Mangum is uncooperative, claiming pain, and exam ends prematurely. Rape kit specimens obtained.

Mangum is released from Duke sometime after 11:00 a.m., calls Inv. B. Jones seeking “stolen” property.

Duke Police Officer Christopher Day submits written report stating “victim changed her story several times” and Durham PD advised “charges would not exceed misdemeanor simple assault…”

Robert Dean, head of Duke Police, reviews Day’s report at 7:30 a.m. and then informs Duke officials, including Dean of Students Sue Wasiolek, about incident

Durham PD Sgt. Mark Gottlieb learns of the case and seeks to take it over from B. Jones.

WEDNESDAY MARCH 15: Mangum goes to UNC Hospital Emergency Department seeking prescription pain medications

Duke Dean Sue Wasiolek calls Coach Pressler about the party and talks to lacrosse captains about incident—she tells them no lawyers are needed and they should not tell parents.

Inv. B Jones concludes there is no evidence for a criminal investigation of Mangum’s claims and the file should be closed. This is not done, and Sgt. Gottlieb assumes responsibility for the Durham PD investigation.

THURSDAY MARCH 16: Sgt. Gottlieb assigns the case to rookie Inv. Ben Himan at 8 a.m.

Duke Police Sgt. Smith gives Gottlieb pictures of lacrosse players, a team roster, and the Duke Police report at 9:30 a.m.

Inv. Ben Himan talks to nurse Tara Levicy at 11 a.m.; she tells him there were signs consistent with sexual assault on her exam of Mangum

Gottlieb and Himan do their first interview with Mangum at 11:47 a.m. Later that day, she fails in a session with Invs. Clayton and Soucie to identify her attackers from four photo arrays showing six lacrosse team members in each one.

Durham police, including Gottlieb and Himan, search 610 N. Buchanan in the evening pursuant to a search warrant. Team Captains Zash, Evans and Flannery assist them, then go voluntarily without counsel to police station for questioning and photographs, and later to Duke Hospital for DNA samples.


FRIDAY MARCH 17: Team captains meet with Coach Pressler and Associate AD Chris Kennedy, who recommends they contact their parents and get legal counsel, suggesting they meet with attorney Wes Covington, who had served as a”fixer” for Duke before.

Sgt. Mark Gottlieb sends out message on Trinity Park listserv:

Fri Mar 17, 2006 7:15 am

The Durham Police District 2 Criminal Investigations Violent Crimes Unit is conducting an investigation concerning a rape of a young woman by three males at 610 N. Buchanan that was reported on 3/14/06 in the early morning hours. The female arrived at the residence for a party close to 11:30pm on Monday 3/13/2006 and left on Tuesday 3/14/2006 reportedly after midnight. Anyone in the area who saw or heard anything unusual, please contact Investigator Himan at 919-560-4582 x 229 or I at 560-4582 x 228. Thank you for your continued assistance.


SATURDAY MARCH 18: Team captains meet with Wes Covington who urged them not to hire counsel and not to talk to anyone about the matter.

N&O publishes first article about the case:

Woman reports sexual assault

Police were investigating a report of a rape on Buchanan Boulevard near the Duke University campus Friday. .. A young woman told police she visited 610 N. Buchanan Blvd. about 11:30 p.m. Monday and was assaulted by three men, according to police Sgt. Mark Gottlieb... Anyone with information is asked to call Investigator B.W. Himan at 560-4582, ext. 229

SUNDAY MARCH 19 : N&0 second article on the case:

Alleged rape was at party, police said

Police offered more details Saturday in the investigation of a young woman's report she was raped by three men at a party Monday near the Duke University campus.
The woman told police early Tuesday morning that she had gone to a house at 610 N. Buchanan Blvd. about 11:30 p.m. the night before for a party, said Sgt. Mark Gottlieb.
While at the party, she was raped by three men, she reported to police.
Gottlieb described the party as a mix of college students and non-students. In total, there were about 30 people there at the time, he said.
"It was an act where alcohol was involved," Gottlieb said. (snip)

MONDAY MARCH 20: Durham Police prepare and obtain a subpoena for Mangum’s medical records.

Gottlieb and Himan discuss with Duke police arrangements for the team members to voluntarily meet with Durham police and give statements, photographs and DNA. Himan calls Pressler to set up an appointment for March 22 for a mass interrogation.

Himan calls Tammy Rose of Angels Escort Service, who gives him Pittman’s name and tells him Pittman said there had been no sexual assault.

Himan calls Pittman who tells him Mangum’s claims are “a crock.” He sets up an appointment to meet with her the following day.

The Duke Chronicle publishes its first article about the incident:

Off-East house site of reported rape
By: Staff Reports
Issue date: 3/20/06 Section: News
Last update: 3/20/06 at 6:23 AM EST

DurhamPolice Department is investigating an alleged rape of a young woman by three males at 610 N. Buchanan Blvd. over Spring Break.
Duke recently purchased the rented residence from a local landlord.
The alleged assault was reported early in the morning of Tuesday, March 14.
The young woman arrived at the house for a party at around 11:30 p.m. Monday, March 13 and reportedly left after midnight, Sgt. M.D. Gottlieb of Durham Police District 2 Investigations wrote in an e-mail to a community listserv.
He encouraged individuals in the area at the time to report to DPD if they "saw or heard anything unusual." (snip)


TUESDAY MARCH 21: Sgt. Mark Gottlieb personally serves the subpoena for Mangum’s medical records on Levicy at Duke Hospital. She falsely tells him the exam was consistent with “blunt force trauma” and that the evidence corroborated claims of vaginal and anal rape.

Mangum is shown by Inv. Clayton two additional photo arrays of 6 lacrosse players each, during which she did not recognize her attackers.

Himan meets Mangum and driver Jarriel Johnson; Magnum inquires about getting property back while Himan asks about details of March 13-14.

Pittman fails to keep her appointment with Himan.

Covington meets with the parents of some of the players and urges them to go along with plans for the interrogation.

At 7 p.m. lacrosse team members were instructed to appear at 3 p.m. the next day at the Duke Police Department for interrogation by the Durham PD.

The Chronicle publishes its second mention of the case, in which Gottlieb is quoted that the house residents were cooperative:

Suspects in alleged rape unidentified

By: Staff Reports
Issue date: 3/21/06 Section: News
Last update: 3/21/06 at 6:54 AM EST
One week after a young woman was allegedly raped at 610 N. Buchanan Blvd., the Durham Police Department is still investigating the situation, saying "the suspects have not been clearly identified."
The house, which was recently purchased by University subsidiary Durham Realty, was the site of a party that involved both Duke students and non-students, said Sgt. M.D. Gottlieb of Durham Police District 2 Investigations.
Sue Wasiolek, assistant vice president for student affairs and dean of students, said the University will not take action until the police department's investigation is finished.
"From what I understand, the situation is under investigation by the Durham Police Department, and we will await that investigation," she said.
Larry Moneta, vice president for student affairs, added that the University would take appropriate measures, pending the police investigation.
Gottlieb said any man that attended the party March 13 would be a viable suspect but refused to go into further detail.
The residents of the house have been cooperative with DPD in locating any suspects, he added. (Snip)

WEDNESDAY MARCH 22: Pittman is brought to the District Two Police Substation where she gives a written statement, amending it after she is arrested by Gottlieb for a warrant for probation violations.

After the lacrosse team, on advice of Robert Ekstrand and others, declines to appear without counsel before the police, an application for a Non-Testimonial Identification Order (NTIO) is prepared by Mark Gottlieb and Ben Himan following discussions with ADA Tracey Cline. The request contains a number of lies, fabrications and inflammatory statements.

THURSDAY MARCH 23: The Non-Testimonial Identification Order (NTIO) is signed by ADA David Saacks and then approved by Judge Ronald Stephens.

Late that afternoon, lacrosse team members are photographed and have DNA samples taken pursuant to the NTIO. The press is tipped off and pictures and stories ignite a national media firestorm.

Durham DA Mike Nifong claims to have first learned of the case at a photocopier when he saw a copy of the NTIO.

FRIDAY MARCH 24: Duke administrators led by VP Tallman Trask meet with lacrosse team captains

Mike Nifong calls Capt. Jeff Lamb and asks to take over case [Ekstrand Para 487]. Lamb instructs Gottlieb and Himan to take direction from Nifong.

Durham PD Cpl. David Addison starts his campaign to stigmatize the lacrosse team in statements to the press as the Durham PD spokesman.

SATURDAY MARCH 25: Duke Crisis Management Team meets for the first time.

Duke AD Joe Alleva announces the lacrosse team will forfeit two games because of the party.

Brodhead issues first statement, urges cooperation with police.

Brodhead refuses to meet with lacrosse team parents, who instead are allowed to see Trask, Alleva, Moneta, and Wasiolek.

Candlelight vigil is held at 610 N. Buchanan by over 250 supporters of Mangum.

N&O publishes in its Saturday edition its exclusive March 24 interview with Mangum, inciting racial aspects:

Dancer gives details of ordeal
A woman hired to dance for the Duke lacrosse team describes a night of racial slurs, growing fear and, finally, sexual violence

SAMIHA KHANNA AND ANNE BLYTHE - STAFF WRITERS
Published: Fri, Mar. 24, 2006 12:37PM
Modified Sat, Mar. 25, 2006 05:14AM
The woman who says she was raped last week by three members of the Duke University lacrosse team thought she would be dancing for five men at a bachelor party, she said Friday. But when she arrived that night, she found herself surrounded by more than 40.
Just moments after she and another exotic dancer started to perform, she said, men in the house started barking racial slurs. The two women, both black, stopped dancing.
"We started to cry," she said. "We were so scared." (snip)

SUNDAY MARCH 26: Potbanger protest at 610 N. Buchanan, including “castrate” sign.

MONDAY MARCH 27: Gottlieb and Himan first formally brief Nifong on the lack of evidence. Nifong makes “We’re f!cked” statement.

Nifong begins a news media blitz, giving over 70 interviews in succeeding days.

Nifong threatens to arrest lacrosse team members who were at party as accessories to rape.

Gottlieb and Himan prepare search warrant application for Ryan McFadyen’s room containing inflammatory e-mail; signed but sealed by Judge Stephens.

SBI Lab starts testing Mangum’s rape kit items which they received from Durham PD.

N&O’s Ruth Sheehan writes column “Team’s Silence is Sickening” spreading “blue wall of silence” myth (she later apologizes for column).

“Speak Out” protest held on Duke campus with 200 attending.

Brodhead refuses to meet with attorneys for the lacrosse players who offer exculpatory evidence.

TUESDAY MARCH 28: Himan notifies Nifong and later Mangum that the initial SBI results showed no semen, saliva, or blood on the rape kit specimens, findings inconsistent with Mangum’s story of a gang rape without condoms.

Durham PD releases the 911 calls made by Pittman, but falsely claims they do not know caller.

Lacrosse team captains meet with Brodhead, deny allegations, agree to cancel play.

Brodhead holds press conference, suspends lacrosse games, and insists Durham PD has jurisdiction over case

Cpl. David Addison sends inflammatory listserv:

Tue Mar 28, 2006 12:20 pm message # 1066

Durham CrimeStoppers needs your assistance….

On Monday, March 13, 2006 about 11:00pm, the Duke University Lacrosse Team solicited a local escort service for entertainment. The victim was paid to dance at the residence located at 610 Buchanan. The Duke Lacrosse Team was hosting a party at the residence. The victim was sodomized, raped, assaulted and robbed. This horrific crime sent shock waves throughout our community…

CrimeStoppers Poster containing above language appears on campus.

WEDNESDAY MARCH 29: First Joint Command Meeting with Duke and Durham officials, including Nifong, City Manager Patrick Baker, Deputy Durham PD Chief Hodge, Duke VP Graves, and Duke Police Chief Dean.

Nifong, in an interview with the N&O, calls the players “a bunch of hooligans.”

‘Wanted” vigilante poster showing lacrosse team members’ pictures posted on campus, in Trinity Park. Poster allegedly is prepared under direction of Capt. Jeff Lamb [Ekstrand para 521]

A “Take Back the Night” rally is held on the Duke campus.

THURSDAY MARCH 30: SBI has a conference call with Nifong, Gottlieb, and Himan confirming the SBI final report would show no DNA evidence linking the lacrosse players to Mangum.

Joe Cheshire, attorney for David Evans, sends Nifong a letter complaining that Nifong’s public statements were prejudging the guilt of the lacrosse players and falsely suggesting they were not cooperating.

N&O article quotes lacrosse defense lawyers Bill Thomas and Joe Cheshire objecting to prejudicial statements and stating their clients are innocent.

FRIDAY MARCH 31: Nifong summons Gottlieb and Himan to instruct them to set up a new identification procedure for Mangum to pick three players (eventually conducted April 4).

Gottlieb briefs Capt. Lamb and Lt. Ripberger about the new identification procedure, which is not consistent with department policies about line-ups.

Nifong suggests for the first time in comments to press that condoms may have been used, incorrectly implying this would explain negative DNA results.

Duke Police Invs. Smith and Stostensberg improperly turn over FERPA-protected key card information of the whereabouts of team members on March 13 and 14 to Gottlieb.

Duke VP Larry Moneta warns students about the possibility of drive-by shootings of Duke students in an alert,


Sources:

EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al
http://news.justia.com/cases/featured/north-carolina/ncmdce/1:2007cv00739/46882/


MCFADYEN et al v. DUKE UNIVERSITY et al
http://news.justia.com/cases/featured/north-carolina/ncmdce/1:2007cv00953/47494/


CARRINGTON et al v. DUKE UNIVERSITY et al
http://dockets.justia.com/docket/court-ncmdce/case_no-1:2008cv00119/case_id-47871/


Motion to Suppress the Alleged "Identification" of the Defendants by the Accuser
http://www.newsobserver.com/content/news/story_graphics/20061214_motion.pdf

http://www.mediafire.com/download.php?ccwh39wcno0


Supplement to Motion to Suppress the Alleged “Identification”
http://www.newsobserver.com/content/news/crime_safety/duke_lacrosse/story_graphics/20070111_motion.pdf


Motion for Recusal of District Attorney
http://media.newsobserver.com/content/news/crime_safety/duke_lacrosse/nifong/story_graphics/20060501_dukelaxrecusal.pdf


Ben Himan’s Case Notes
http://liestoppers.blogspot.com/2007/07/inv-ben-himans-typed-notes-part-1-march.html


Mark Gottlieb’s State Bar Deposition
http://liestoppers.blogspot.com/2007/06/deposition-of-mark-d-gottlieb-part-1.html

http://www.mediafire.com/download.php?zlnocml4dce

http://durhamwonderland.blogspot.com/2007/06/gottlieb-deposition.html


Duke University & Brodhead Statements
http://www.dukenews.duke.edu/mmedia/features/lacrosse_incident/announce_archive.html


Duke Chronicle Articles
http://www.dukechronicle.com/lacrossearticles/


Johnsville Blog Posts
http://johnsville.blogspot.com/2006/06/duke-case-index.html


News & Observer Articles
http://www.newsobserver.com/news/crime_safety/duke_lacrosse/index-p4.html


News & Observer series “Rush to Judgment” by Joe Neff
http://www.newsobserver.com/1537


WRAL Stories
http://www.wral.com/news/local/asset_gallery/2306295/


KC Johnson’s Case Narrative
http://durhamwonderland.blogspot.com/2007/03/overall-case-narrative.html


Chronology by Vance Holmes “Poetic Justice”
http://www.vanceholmes.com/court/trial_duke_timeline.html


Duke Police Report 3/14/06
http://www.dukenews.duke.edu/mmedia/pdf/OperationsReportFileDUPD3.14.06.pdf


Crimestoppers & Vigilante Posters
http://johninnorthcarolina.blogspot.com/2006/05/duke-lacrosse-what-about-posters.html


SANE Exam
http://durhamwonderland.blogspot.com/2006/10/understanding-sane-iii.html

http://liestoppers.blogspot.com/2008/05/our-collective-voice-allegations.html

http://liestoppers.blogspot.com/2008/05/our-collective-voice-part-ii.html

Compiled by Sceptical

The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro

A new book on the Duke Lacrosse Case has been published that looks at the comparisons between what happened in Durham in 2006 and the Scottsboro Case in 1931. Author R. B. Parrish covers the documentary evidence and the attempted railroading of the 2006 Duke Lacrosse Team.

It is available at Amazon or at your local bookstore.

The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro

ISBN-10: 1439235902ISBN-13: 978-1439235904

Hat Tip: Quasi

Pac Listservers , Durham PD, and Cpl Addison

In our preceding article we introduced Durham PD’s Pac Listservers

Durham’s Partners Against Crime

The Partners Against Crime program promotes collaboration among police officers, Durham residents, and city and county government officials to find sustainable solutions to community crime problems and quality of life issues. It is a community based volunteer organization that promotes and executes safety strategies to prevent crime at the neighborhood level. Each of Durham Police Department’s five police districts has a PAC organization that holds monthly PAC meetings. Durham PD Web Site

More than just a neighborhood listserver the Pac system is divided into five districts throughout Durham. The Durham Police regularly monitor the system for information, post crime reports, and use it as a method of dissemination to reach list members. Former Police Chief of Durham Chambers twice posted explanations of police policy and actions. The City of Durham’s Office of Public Affairs also regularly uses it for Press Releases.

The Pac program started in 2000 with the Pac2 and gradually added the four other police designated districts. Currently Pac2 has over 900 members and the total Pac list(1-5) contains over 2200 members. Pac2 is the dominant list and it senior members are influential in the community and have the stated purpose to improve Durham and fight crime. Some of them are moderators of the neighborhood listservers and some are members of the Durham Roundtable which is an organization of 13 members dedicate to improving Durham by watching over the court system.

In our earlier article “From Wall of Silence to Community Uproar” we detailed how on March 24, 2006 Durham PD Cpl Addison started a series of newspapers interviews and TV appearances which shocked the community with the allegation, stated as fact, a sexual assault happened at 610 N. Buchanan and the 2006 Lacrosse Team was responsible.

John-In-Carolina has an informative series of posts called the Addison Series 1-5. It traces Addison's actions. JinC

As the accusations exploded in the local newspapers and on TV, the listservers around Duke naturally became a forum for members upset about the allegations. They were reacting on the false premise that the sexual actually did happen, that there was an exam at DUMC which proved it, and the team was hiding behind a wall of silence. Posters were incensed at the Team, their parents, Coach, and Duke whom they accused of a cover-up by its inaction. Some of these members complaining were Duke Faculty members.

March 28, 2006

March 28 was a busy day for the City of Durham, the DPD, and DA Nifong.

The Police released the two 911 calls but claim they didn’t know who made the calls. They did!

Mayor Bell Bell said "I suggested that I think they should cancel the rest of the games for the rest of the season. I think that, in itself, would make a statement -- not only to the persons involved, but to the community." WRAL

Coincidentally the investigation suffered the worst blow. SBI Labs informed Officer Himan and DA Nifong that there would be no match between the SANE KIT and any of the Lacrosse DNA swabs because the quick and simple test for semen found nothing. There was nothing to test. For most DAs and Police Investigations it would have meant they were heading in the wrong direction and rhetoric should have been racketed down. No DNA meant her allegations were obviously unprovable and surely no jury would ever convict.

It is alleged in the Ekstrand complaint Senior Durham City Officials, Durham Senior Police Command, and Duke representatives were informed that DNA results didn’t support the accusation of sexual assault and the investigation was in trouble as the false accuser had also failed two ID attempts. Sgt Gottlieb in his depositions said the investigators were briefing those Senior Officials and there were too many meetings to remember.

Unbelievable in the midst of this exculpatory evidence DPD’s Cpl Addison would post the following message to all Pac Servers and label it,

"Hi Priority" with e-mail cc to 34 local media members.

Over 2000 individuals would receive this directly from Cpl Addison in their in-boxes or user groups.

Addison Message

Tue Mar 28, 2006 12:20 pm message # 1066

Durham CrimeStoppers needs your assistance….

On Monday, March 13, 2006 about 11:00pm, the Duke University Lacrosse Team solicited a local escort service for entertainment. The victim was paid to dance at the residence located at 610 Buchanan. The Duke Lacrosse Team was hosting a party at the residence. The victim was sodomized, raped, assaulted and robbed. This horrific crime sent shock waves throughout our community.

Durham CrimeStoppers needs your assistance in solving this case. Although, we have received many calls expressing concerns and anger about this incident, we have not received any calls which will allow us to assist in resolving this case. We are extending our plea for information and help to our Duke family, who are also part of our community.

We are asking anyone who has any information which will allow the Durham Police Department to make an arrest in this case, please contact Durham CrimeStoppers at 683-1200. Please feel free to email me at david.addison@... with any information. Please use an anonymous email account. Durham CrimeStoppers will pay cash for any information which leads to an arrest in this case.

"There is no den in the wide world to hide a rogue.... Commit a crime and the world is made of glass"
Ralph Waldo Emerson, Essays

Corporal David Addison
Durham CrimeStoppers Coordinator
Durham Police Department
505 W. Chapel Hill Street

The media recipients were well known columnists and reporters of the News-Observer, Durham Herald-Sun, and local Radio/TV stations. It was a virtual who’s who of the Triangle media community. Coupled with what was alleged to have been said “off the record” it would have supported the false accusations and made it difficult for reporters to provide some opposite perspective to the PD’s campaign of misinformation. No reporter wanted to fight the tide by saying the accusations were baseless, especially when DA Nifong was going “off the record” spreading falsehoods about an exam report which he had never read.

The question remains of Cpl Addison as to whom was he obtaining his information from and was he taking orders? Did it have anything to do with the Police being informed there would be no DNA match? Why was he doing this now when the investigation was in trouble and it looked like a false accusation? This message stated it as fact a sexual assault had occurred.

Additional follow up messages

Addison would not just send this out once, but he would repeat it four more times.

Mon Apr 3, 2006 2:26 pm Message # 1077 (He sends this same message without any changes.)
Mon Apr 10, 2006 8:16 am Message # 1092 (Finally adds Alleges to the accusation)
Mon Apr 10, 2006 8:34 am Message #1094 (Same as above but explains it was at the request of the PD)
Tue Apr 18, 2006 12:48 pm Message # 1106( Same as 1092 above)

Five times he posted this to all of the Pac listservers, not just Pac2, but to all of the police designated districts. Why would he repeat this four more times when he never did that before with Durham's Crimestoppers?

Again as with the Trinity Park listserver these posts had their effect of inciting the community against the Lacrosse Team and backing up the false allegations. The listservers were adamant that something must be done to the Lacrosse Team.

Sgt Gottlieb posts again

Sat Apr 8, 2006 4:31 pm
April 7, 2006
Residents in the neighborhood of 610 N. Buchanan:

The Durham Police Department is continuing its investigation of a sexual assault reported on March 14, 2006. The time period the assault took place at a party at 610 N. Buchanan was from approximately 11:30pm on March 13, 2006 to approximately 12:30am on March 14, 2006. If anyone heard or saw anything unusual in the area please contact the Durham Police District 2 Violent Crimes Investigations Division at (919) 560-4582 and speak to either Sgt. M. Gottlieb at ext. 228, or Inv. B. Himan at extension 229. Durham CrimeStoppers (919) 683-1200 will pay cash for any information leading to the arrest and conviction of any suspects.

You will note that in Sgt Gottlieb's & Cpl Addison's posts they mention 610 N. Buchanan specifically. Early in the formation of the Pac2 listserver debate was raised about the fairness of identifying specific addresses and the conclusion was reached to just use a block address. However both Sgt Gottlieb & Cpl Addison specifically referred to 610. N. Buchanan in all of their posts.

April 10 SBI DNA Release starts to quiet the Mob

With the public revelations of the SBI DNA results by the defense attorneys in front of the Durham Courthouse the list servers started to calm down. DA Nifong was not happy with the defense attorneys for that.

However even the most ardent followers could see the case was very weak. But that didn’t stop Cpl Addison from posting again his allegations. Had the DPD released the DNA exculpatory information when it was known in late March the results would have been much different. The "torches and castrate signs" would have been discarded.

Some would continue on with the ridiculous idea they left nothing behind, but the era of the “lynch lawing” had effectively ended the debate on the listservers. Science was trumping false PR.

However the DPD, City of Durham Officials, and DA Nifong had already done their damage by spread their lies to a local and national audience.

More nefariously the Court, Defense Attorneys, the three defendants, and the general public wouldn't learn until Dec 15, 2006 in testimony on cross examination that Dr. Meehan of DNASI had found multiple non Lax DNA in the false accuser’s swabs with no Lax DNA, and DA Nifong, Sgt Gottlieb, and Inv Himan were made aware of that on April 10, 2006.

Conclusion

In reading the listservers what is noticeable is the absence of regret once the case fell apart. This was to be highlighted after Innocence Day, April 11 2007 with NC AG Coopers declaration that no sexual assault happened. For the most part it was dead silence.

Perhaps it is just human nature and we all join bandwagons, but the 2006 Duke Lacrosse Team deserves an apology from those in charge of the listservers of Durham, especially those who posted against them. As we have said some posters warned others what was happening was wrong and the tepid response was to add an “alleged” to their posts, but it seemed more like CYAing than true innocent until proven guilty.

The Pac2 Listserver was indeed being used as an arm of the Durham PD. Their Officers were posting false and malicious information. 2000 Durham citizens received this with 34 media members being notified by Cpl Addison as Hi Priority. Obtaining a fair trial would have been difficult with so much pretrial publicity by the Police.

As noted earlier these Pac district activities are supported by federal government grants. This should be examined to see if Federal statutes were violated, especially under “MAKING FALSE PUBLIC STATEMENTS IN VIOLATION OF 42 U.S.C. § 1983.”

One Lone Poster Speaks Up

Finally a Durham citizen had this lone remark on Innocence Day April 11, 2007 posted to Pac2

"This afternoon the charges were dropped against the remaining Duke Lacrosse players. Remember how this list-serve (and all of Durham) exploded with the news when the charges were first announced? And now, silence.... I hope that anyone who immediately convicted the Lacrosse players after last year's charges takes some time to reflect on today's dismissal of those charges. As difficult as it can be, part of our job as citizens and certainly as "partners against crime," is to try to stay fair-minded and to try to keep thinking of people as innocent until proven guilty, just as we all hope will happen to us if we're charged with a crime. At this point it appears that the biggest crimes in the case were committed by our district attorney. Ugh.... That, of course, remains to be seen."

The Listservers of Durham, the Durham PD, and how they promoted the Hoax

What is a Listserver?

It is an electronic mailing list, which uses email and/or social media websites such a Yahoo, Google, or MSN groups for widespread distribution of information to selected Internet users. It is similar to a mailing list kept by an organization for sending information to its members or customers. It differs in that what is posted is sent to all members of the list through a centralized internet account and individual members messages are posted for all to see. These lists are formed around a central topic, whether it is a neighborhood, a hobby like cooking, or political issues. There are tens of thousands of these available to Internet users. In some respect it’s a big chat room for a group which is usually led by a group of dedicated posters with many members just reading the posts.

From Wall of Silence to Community Uproar

In our earlier article “From Wall of Silence to Community Uproar” we reported on the role that the Trinity Park Listserver played in spreading the misinformation that the players were hiding behind a “Wall of Silence” and that evidence existed that crime had been committed. Over those first few weeks these two falsehoods were spread against the 2006 Duke Lacrosse Team. It contributed to an atmosphere of prejudgment against the Team.

Since that article we have searched through Durham’s Listservers. Our efforts were to examine whether these Listservers were used by members of the Police Department, Duke University, and individuals to incite the community against the innocent members of the Duke Lacrosse Team. We also wanted to see the extant of these messages and just who was sending them.

Our conclusions were the Durham PD played a much larger role in providing a forum then we ever imagined.

On the Durham Listservers the Hoax became an event for activism and self-interest along with serious concerns the allegations were true. It quickly becomes apparent in reading the posts that for many it wasn’t about whether a crime was committed. It was just assumed it was by far too many. Posters were quick to post any and all negative media stories no matter the credibility. They also gave personal opinions and agendas took over. It became an issue for personal animosity against Duke and their students, merged with complaints about students partying, and mantras of race-gender-class being affirmed. This was best summed up by a student at the time

“It seems as if some protesters of the situation surrounding the Duke lacrosse team are concerned primarily with obtaining "concessions" from the Duke administration and advancing a radical social agenda.” Duke News Sense


How this Information was obtained

This series was compiled from the record of Internet posts. Information which was sent from 2003 through 2007. It was posted freely & openly and indeed that was the problem. We asked to join these listservers and were given access to the group’s messages. In some cases it is open for everyone upon an Internet search.

We were shocked by the magnitude of the dissemination of this false information against the 2006 Duke Lacrosse Team during that period.

More than two thousand Durham residents received these postings in their in-boxes and/or users groups. It had deleterious effects on the presumption of innocence we are all entitled under our justice system.

We have deliberately left off the identity of private citizens and their posts except for two messages whose identities are not revealed. One of the first, which was a response to the initial post of the DPD, and the other one of the last after AG Cooper’s declaration of Innocent. It has always been our suspicion these events were orchestrated by members of the DPD and DA’s Office, they didn’t just happen. Private Citizens and Moderators were foolishly reacting to what their opinion leaders in Durham and at Duke were saying, and what the DA & PD were leaking to the local media. Few of the 2200 members of the recipients of the Police message ever post, for most it is a source of information with a limited number of actual posters. Some private posters may have been maliciously trying to foment trouble but that is a judgment we can’t make. They know there true intentions. Most important were the posts of Durham’s Police Department and that is what we concentrated on. We only listed those from active members of the DPD at that time.

What is clear is that Duke University, Durham PD, and the DAs Office failure to communicate honestly what they knew and in some cases their willful misinformation created the upset on the listservers. Posters were initially angry at Duke for not suspending the players for not talking. A charge they didn’t know was false as the Captains had willingly co-operated. They had no idea why the defense attorneys had rightfully told their clients, “they smelled a rat.”

Whatever private citizens were reacting to, does not lessen what individuals did to contribute to this travesty. Some of those posts were offensive, bigoted, and misguided. A few posters warned their fellow members to stop the rush to judgment, but in what became the hallmark of the Hoax in Durham and at Duke, the 2006 Duke Lacrosse Team was guilty Until Proven Innocent as KC & Stuart’s book title aptly states.

Our focus remains on those officials in positions of power who misuse their authority and public trust and those that were providing this forum. This information is still available to the user groups members. What is ironic is this false information was spread by use of the Internet and in the end it provides a record of itself, something we doubt the Hoaxsters really understood at the time.

Durham is a wired community

Durham has many listservers dedicated to individual neighborhoods. Most of those are concerned with local affairs; a missing cat, yard sale, extra concert tickets, notification of events, betterment of their neighborhood, and dissemination of Neighborhood Association minutes. All pretty mundane stuff only of interest to locals. They serve a valuable purpose of neighborhood identity and pride.

At times, some of these listservers become venue of debate for political issues, especially relating to the Duke University, City Hall, and Crime. Durham’s Affairs are dominated by Duke with it’s over half of its 40,000 employees living in Durham. Many of the posters work at Duke or work with Duke Medical Center and it’s impossible not to be effected by those institutions in some matter. Group Moderators, to varying degrees, try to “moderate” posters from taking over the boards with personal agendas and act as censors at times warning posters. For the most part they are successful. However in the spring of 2006 a few moderators failed to rein in posters, and in some cases they were encouraging it by posting themselves and being part of the coverage in the media.

One of the most popular formats used with Listservers in Durham is “Yahoo Groups”.

In Durham there are well over a dozen of these which cover neighborhoods and districts. Duke University is surrounded by neighborhoods and with the wired community each has its own list-server.

Some of these groups are issue oriented such as Durham Responds which was started by Sam Hummel,who was then Duke’s Environmental Sustainability Coordinator. It served as the home of the pot-bangers and coordinated protests for activists at Duke and in Durham. That list has been covered before and we already knew the mindset of those who unfurled the banner of “Castrate!”

Sgt Gottlieb and the Trinity park Listserver

Initially many first learn about the allegations of sexual assault from the Trinity Park Listserver which serves the Trinity Park area where 610 N. Buchanan is located.

On March 17 2006 Sgt Gottlieb sent out this e-mail to the Trinity Park user group which contained just over 600 members at that time. It now has over 1000.

Fri Mar 17, 2006 7:15 am

The Durham Police District 2 Criminal Investigations Violent Crimes Unit is conducting an investigation concerning a rape of a young woman by three males at 610 N. Buchanan that was reported on 3/14/06 in the early morning hours. The female arrived at the residence for a party close to 11:30pm on Monday 3/13/2006 and left on Tuesday 3/14/2006 reportedly after midnight. Anyone in the area who saw or heard anything unusual, please contact Investigator Himan at 919-560-4582 x 229 or I at 560-4582 x 228. Thank you for your continued assistance.

Sgt. M.D. Gottlieb
Durham Police District 2 Investigations

Sgt Gottlieb declared they were investigating a rape at 610 N. Buchanan. What the members of the user group did not know is he did this despite his knowledge that the initial investigator was going to drop the case, the responding officer thought the accuser was lying, and PD had not run the SANE Kit taken at DUMC. In fact it is doubtful he had the actual medical reports from that night. The SANE KIT evidence would later prove no sexual assault happened contrary to the “investigation” of Sgt Gottlieb & Investigator Himan who most likely did not reveal those exculpatory facts to the Grand Juries that indicted the players nor DA Nifong who hide it from the Defense attorneys and the Court for eight months.

Sgt Gottlieb also left off that the residents at 610 N. Buchanan, captains of the Lacrosse team had given statements freely without counsel, offered to take polygraphs, and had given DNA samples. Later we would find out at the Disbarment Hearing of Former, Disbarred, and Disgraced DA Nifong that Dave Evans had given an accurate account of the party. In fact Sgt Gottlieb on March 17 had just finished with those interviews which went late into the early morning. He had the truthful version yet chose to send out an e-mail that a rape had happened. From the start there was no “Wall of Silence” just the withholding of crucial exculpatory evidence from the public.

The post alerted New-Observer's Crime Reporter Samiha Khanna who would later say on a Laxcast broadcast that is how she found out . One TP member responded “.. we expect these disgusting people leave our neighborhood.” The propaganda against the team had begun. It wouldn’t go into full swing until the accusations reached newsprint and TV a week later and be seen in the Castrate sign in front of 610 with chants to “get out of Town!”

The Importance of Pac2 Listserver , DPD, and the Hoax

What we discovered was Trinity Park wasn’t the only user group to which Sgt Gottlieb sent that March 17 message. He also posted it to PAC District 2 which is list from Partners Against Crime. It is a quasi police/community user group. The Durham Police divide Durham into five crime districts and is actively involved in these five yahoo user groups.

Partners Against Crime (PAC2 Listserver)

This is a listserver organized by Durham Police Department District 2 (includes Trinity Park, Trinity Heights, Walltown, Old West Durham,Watts-Hillandale Duke Student Housing Newsletter


Partners Against Crime Organization from the Durham PD web site

The Partners Against Crime program promotes collaboration among police officers, Durham residents, and city and county government officials to find sustainable solutions to community crime problems and quality of life issues. It is a community based volunteer organization that promotes and executes safety strategies to prevent crime at the neighborhood level. Each of Durham Police Department’s five police districts has a PAC organization that holds monthly PAC meetings. Durham Police Web Site

In particular the Pac2 Listserver serves as the main focal point for crime reporting and discussion around Durham and the neighborhoods around Duke University. It is more than just a listserver.

Working with the Partners Against Crime are two community officers who are resources for a problems that cannot be resolved by calling 911.

The Community Liaison Officer is here to listen to your concerns about your community. This officer will assist you in finding resources to combat the problems that are your concerns. Problems involving recurring illegal activities and unsatisfied interaction with law enforcement.

The Crime Prevention Officer is here to help you organize your community in such way that it becomes harder for crime to persist within the community. Through the Neighborhood Watch Program this Officer will help educate the community at the block level about the best techniques to deter crime and create an active collaboration with the police. Yahoo Pac2 Web Site

Sgt Gottlieb and other Police community police officers like Cpl David Addison were frequent posters to these lists and promoted themselves as guardians of the community. Addison was spotlighted in a Herald-Sun article by one of the reporters of the Hoax a few months before. In his role of Crimestoppers I/C he was also one of the most prolific posters and had made hundreds of posts (311) reporting on Durham’s criminal matters. Senior Command of the Durham PD did indeed read the list-servers of Durham on a daily basis as witness this post;

25 Aug 2003
I also wish to take a moment to say that I read the PAC 2 list serve daily and use this vehicle to gain valuable insight into the concerns and issues you raise, and to let you know your concerns are heard by the Command Staff and they do have an impact on the decisions and directions of the Durham Police Department.

Lt. John Edward Mozart

Lt Mozart was a Spokesman for the DPD at that time. In 2003 he handled the administration of PAC funds. The DPD funds the five PACs out of a Local Law Enforcement Block Grant. The LLEBG is a federal grant that is given to jurisdictions based on their UCR crimes.

Surely Senior Command Officers of the DPD must have been very aware of the disinformation being spread about 610 investigation.

Soon with reporting of the local media the Durham list-servers would serve as an adjunct to the media to incite the community on a personal basis. Starting March 24 the assault begins.

Next: Pac2 Listserver , Durham PD, and Cpl Addison

McFadyen - Ross: Scholar All-America Team

Ryan McFadyen and Brad Ross of Duke University were named to the 2009 USILA Scholar All-America Team.

The USILA Scholar All-America Program was established in 1989 to recognize student-athletes from USILA member institutions who have distinguished themselves academically, athletically, and as citizens of their communities. The USILA Selection Committee chooses an overall team representing Divisions I, II and III, and they are recognized at the annual Lacrosse All-America Banquet. Lax Power

Congratulations to them and their proud families.

Hat Tip: Mike Kell

Happy Trails to John In Carolina

We met on the Front lines of Melanie’s Blog
While ever the gentleman, John was up to “the job.”
She tried to deter him, she’d ask him to leave
But John ALWAYS had.. “the” response up his sleeve.

And back at his Blog, John was simply the best
At logically calling the Hoaxers to task.
He point out each villain, each twister, each fool.
But at no time whatsoever did John lose his “cool.:”

Among the Hoax bloggers he was ..“Cool Hand Luke”
But relentless in pressing to get at the Truth.
So we shall miss him, and pray he’ll return
(Joan still has a lot about Churchill to learn!)

But we thank him so much for all that he’s done.
Our Comrade, our friend…Carolina’s own John!

Joan Foster

John In Carolina logs off

Happy Graduation to the Members of the Duke 2006 Lacrosse Team

Today is Graduation Day for Duke University. For those members of the 2006 Duke Lacrosse Team who were freshmen it means the end of a long journey.

Our congratulations to the Graduates and their Families. You deserve this day!

The Duke Chronicle did a retrospective of the Class of 2009. Sally Fogarty, whom I believe is a Lacrosse Mom to two Lacrosse players and Duke Graduate herself, had this comment.

Sally Fogarty
posted 5/08/09 @ 2:35 PM EST

There are members of the mens'lacrosse team who were freshmen four years ago and now graduating seniors. For them, the "Duke lacrosse scandal" brought much more to the forefront than "town gown relations and campus culture." As freshmen,their Coach was fired; their season cancelled; their complete support system dismantled. They had to leave campus every weekend because of threats of drive by shootings and the threats of the Black Panthers. They were harassed by fellow students and humiliated by professors.Posters with their pictures hung all over campus accusing them as rapists or those who supported rapists. Other schools which had heavily recruited them would not reconsider them because they were "radioactive." They had to endure the constant fear that they might be the next one arrested while they suffered tremendously for their friends and teammates, Colin and Reade, and for their coach whom they loved and respected, Mike Pressler.

Critics charge that this was "just one example of an off campus social scene that had spiralled out of control." What about a dishonest, corrupt prosecutor who spiralled out of control and an administration that did nothing to help and support innocent students?

These former freshmen who are now seniors at the very least deserve a line in your article that states that there was no rape; there should have been no scandal; and that the whole thing was handled horrendously.

For all the student athletes and their families who endured this and still are dealing with the aftermath, it was an excruciatingly anxious time when those in the midst lost all faith in truth and justice and authority. It was impossible to fathom that the administration of the university that they had so carefully chosen over many others didn't care enough about them to take even the most obvious and basic measures to learn the truth. The truth did not matter and the truth was unacceptable because the truth did not meet the misguided agenda of political correction.


Addendum: John-In-Carolina has a great post up about the Chronicle's Journalism

http://johninnorthcarolina.blogspot.com/2009/05/dukes-chronicle-gets-journalism-lesson.html

Crystal late again, left early, disappointed all

The Serial False Accuser made an appearance tonight at the invitation of three student groups at UNC. The talk was titled

“Cracks in the Justice System: Victims of Money, Media, and Misconduct,”

About 80 folks showed up to see and hear Crystal Gail Mangum talk, about being a victim in both the courts and media. The crowd was courteous and respectful, giving Crystal Gail Mangum va polite welcoming applause even though she showed twenty minutes late. The presentation was a bit of a bait and switch as the sponsoring sorority wanted to discuss other cases that similarly involved mass media reporting of blacks, not just Crystal's hoax. Still, she spoke in a question and answer format that was clearly rehearsed with Ed Clark, her publisher.

Clark lead off the show with a six minute video apparently shot in the spring of 2008 to promote Crystal’s memoir. The video claimed she had been raped and was a victim of media bias and sensationalism. In her video montage she showed pictures of Dr. King and a lynching. I suppose she was trying to equate herself with the civil rights struggle. During the video, two of her drivers were quoted as denying that she was a prostitute. One said he only drove her around five times.

Ed Clark wore his shirt tail out and generally looked like he was about ready to wash the car. Crystal was wearing a pink ball cap, an Old Navy hoodie and jeans. She looked pleasant enough. Though certainly not well dressed.

Ed began the live portion of the show with a short monologue explaining who he was and making the claim that he now handled “crisis public relations for government agencies.” He left without taking questions, so he never answered my question of which government agency he handled PR for. As a matter of fact, I went prepared with 11 pre-drafted questions for Crystal. None of them pertained directly to the lacrosse hoax as the sorority asked. She too left without taking questions, even though she had said she would answer questions.

After the Ed Clark monologue, he introduced Crystal. But, he immediately launched into a vigorous narrative, again rehearsed, about how the CBS show 60 Minutes would not pay for Crystal’s interview and he claimed to have a copy of an email from CBS saying that one of the families had total access to 60 Minutes and they would bury Mike Nifong. He continued on that HBO had been in contact with him about interviewing Crystal and doing a promotion for the book. He then complained that HBO had a line producer call to kill the project. They pushed back the publication date while they hunted for another media outlet for the launch. Then he claimed that the NBC Today Show sent a vice president, and a camera crew to interview Crystal The NBC crew allegedly followed her around North Carolina Central’s campus, talked to her Pastor, family and friends. She gave them a four hour interview where they could and did ask any questions. Clark never disclosed the questions. According to Clark, the “contract” between NBC and Crystal would have her on the Today Show, Dateline, MSNBC and CNBC all on the day the book launched. Again a “line producer,” not the VP or producer they had met, called to tell them the promotion was off and the book launched without a major network availability. After Clark’s recitation of his difficulties launching the book, Crystal Gail Mangum spoke.

She opened immediately by stating unequivocally that she was raped. She did not name names though. She did mention Duke Lacrosse in the same general time frame, but it seemed like they were being careful not to make too close a linkage between the two. She also claimed that she had never been heard. She claimed that on the night she was “raped” she was not on medications.

She claimed that the defense team had her medical records and was taking a whole year’s worth of medications and claimed that she was on them the night of the “rape”. Crystal then described some symptoms of post traumatic stress disorder that she suffered, and closed with a pitch for the book.

Occasionally Ed Clark would prompt Crystal with some questions in what was a well rehearsed presentation. Crystal continued talking about how she felt: dirty, embarrassed, ashamed, not wanting anyone to know, but afraid they all did know she had been raped. She admitted that early in the investigation, she had a lawyer or lawyers advising her, but they were expensive, $150/hour. She also wanted to get psychological treatment, but was afraid to as the defense had access to her medical records. She said she was not sure whom to trust, the Durham Police Department, the District Attorney? She said she felt like she was being made the victim again for something that was not her fault. She said the DPD and the DA let her down.

Then she got to the part of the show where she blamed the media. She said the media, 60 Minutes especially, put on Kim Roberts without “checking their resources.” Ed Clark jumped in to tell how Variety was reporting that HBO had optioned the stories of the various lacrosse books and even some blogs. He wanted to option Crystal’s story to HBO. They refused to buy and told him they were coming to Durham and she could cooperate with their movie or not, but she wouldn’t be paid. Later though HBO, through a line producer, told Clark that they wouldn’t even show the footage and interviews they did in Durham.

Crystal then talked about an interview with Soledad O’Brien of CNN. She said she gave Ms. O’Brien four hours of unrestricted access and answered all her questions. Again, she let a CNN crew follow her around and tape whatever they wanted. She had only nice things to say about O’Brien and her producer and the CNN crew. But again, a “line producer” called to tell her that CNN would not air the interview.

Finally, Ed Clark claimed that the website Daily Beast wanted to feature Crystal Mangum on their launch. That too fell through after a long interview with the site’s host. In case you were wondering, a “line producer” also called to tell Clark and Mangum that the site was launching with another story.

Clark then said the Crystal had the flu and apologized for Crystal leaving early. He never said why she wouldn’t take questions from the audience. The both left through a side door and the sorority sisters moved on to another case. About half the audience left as soon as Crystal Gail Mangum and Ed Clark slipped out the side door.

Walt-in-Durham
copyrighted

Happy Innocent Day!

Two years ago NC AG Roy Cooper made this statement.

Good afternoon, everyone.

On Jan. 13 of this year, I accepted the request of the Durham district attorney to take over three Durham cases. At the time, I promised a fresh and thorough review of the facts and a decision on the best way to proceed. I also said that we would have our eyes wide open to the evidence, but that we would have blinders on for all other distractions. We've done all of these things.

During the past 12 weeks, our lawyers and investigators have reviewed the remaining allegations of sexual assault and kidnapping that resulted from a party on March 13, 2006, in Durham, N.C.

We have carefully reviewed the evidence collected by the Durham County prosecutor's office and the Durham Police Department. We have also conducted our own interviews and evidence gathering. Our attorneys and SBI (State Bureau of Investigation) agents have interviewed numerous people who were at the party, DNA and other experts, the Durham County district attorney, Durham police officers, defense attorneys and the accusing witness on several occasions. We have reviewed statements given over the past year, photographs, records and other evidence.

The result of our review and investigation shows clearly that there is insufficient evidence to proceed on any of the charges. Today we are filing notices of dismissal for all charges against Reade Seligmann, Collin Finnerty and David Evans.

The result is that these cases are over, and no more criminal proceedings will occur.

We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations. Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges.

We approached this case with the understanding that rape and sexual assault victims often have some inconsistencies in their accounts of a traumatic event. However, in this case, the inconsistencies were so significant and so contrary to the evidence that we have no credible evidence that an attack occurred in that house that night.

The prosecuting witness in this case responded to questions and offered information. She did want to move forward with the prosecution.

However, the contradictions in her many versions of what occurred and the conflicts between what she said occurred and other evidence, like photographs and phone records, could not be rectified.

Our investigation shows that:

The eyewitness identification procedures were faulty and unreliable. No DNA confirms the accuser's story. No other witness confirms her story. Other evidence contradicts her story. She contradicts herself. Next week, we'll be providing a written summary of the important factual findings and some of the specific contradictions that have led us to the conclusion that no attack occurred.

In this case, with the weight of the state behind him, the Durham district attorney pushed forward unchecked. There were many points in the case where caution would have served justice better than bravado. And in the rush to condemn, a community and a state lost the ability to see clearly. Regardless of the reasons this case was pushed forward, the result was wrong. Today, we need to learn from this and keep it from happening again to anybody.

Now, we have good district attorneys in North Carolina who are both tough and fair. And we need these forceful, independent prosecutors to put criminals away and protect the public. But we also need checks and balances to protect the innocent. This case shows the enormous consequences of overreaching by a prosecutor. What has been learned here is that the internal checks on a criminal charge -- sworn statements, reasonable grounds, proper suspect photo lineups, accurate and fair discovery -- all are critically important.

Therefore, I propose a law that the North Carolina Supreme Court have the authority to remove a case from a prosecutor in limited circumstances. This would give the courts a new tool to deal with a prosecutor who needs to step away from a case where justice demands.

I want to thank everyone in the North Carolina Department of Justice. I want to thank our investigators, our SBI agents and especially attorneys Jim Coman and Mary Winstead for their hard work in this

North Carolina Attorney General Roy Cooper
April 11, 2007

Sgt. James Regan - We won't Forget

Sgt. James Regan

Army Ranger - Duke Lacrosse

1980-2007

.

The Ranger Creed

.

Recognizing that I volunteered as a Ranger, fully knowing the hazards of my chosen profession, I will always endeavor to uphold the prestige, honor, and high esprit de corps of my Ranger Regiment.

.

Acknowledging the fact that a Ranger is a more elite soldier who arrives at the cutting edge of battle by land, sea, or air, I accept the fact that as a Ranger my country expects me to move farther, faster and fight harder than any other soldier.

.

Never shall I fail my comrades. I will always keep myself mentally alert, physically strong and morally straight and I will shoulder more than my share of the task whatever it may be. One-hundred-percent and then some.

.

Gallantly will I show the world that I am a specially selected and well-trained soldier. My courtesy to superior officers, neatness of dress and care of equipment shall set the example for others to follow.

.

Energetically will I meet the enemies of my country. I shall defeat them on the field of battle for I am better trained and will fight with all my might. Surrender is not a Ranger word. I will never leave a fallen comrade to fall into the hands of the enemy and under no circumstances will I ever embarrass my country.

.

Readily will I display the intestinal fortitude required to fight on to the Ranger objective and complete the mission though I be the lone survivor.

Rangers Lead The Way!

Please review the Arlington Cemetery Web Site Honoring Sgt James Regan

Bryant: The D1 Push

Bryant Coach Mike Pressler and Team Captain "88" Zack Greer at Practice

LaxPower has released a video about Bryant University's Lacrosse team transition to Division I. It tells the story of how Coach Pressler came to Bryant University with commentaries from Mike Pressler, Bryant University President Ron Machtley, Bryant AD Smith, and Bryant's Captain Zack Greer.

President Ron Machtley has stinging criticism of Duke University's Rush to Judgment and how they investigated the Duke Lacrosse Case before hiring Coach Pressler.

This is a coach who had been very badly treated... by the board of trustees, by the school in general...one the things that I think is still missing from Duke is the president and the faculty who took out their ad, taking out an equal ad saying, you know, we made a mistake... I’m very critical of the Duke faculty, of the Duke president, for that very reason. This was not the type of decision which should have been rushed to. The president should not have thrown a coach under the bus in order to stop the whirlwind of publicity that was going around this incident." President Ron Machtley

Watch the Video at LaxPower

HatTip: Professor KC for pointing this out on Durham-In-Wonderland

Special commendations to the Producers of the Video at LaxPower

Nifong's Options Running Out

The Plaintiff's attorneys wasted little time in filing a response to Nifong's January 15 terse motion for dismissal with this filing of January 29.

First, Nifong asserts that the Amended Complaint fails to state a claim against him upon which relief can be granted. See Motion, ¶ A. However, the Consolidated Opposition summarizes the detailed allegations against Nifong and the other Defendants—including Nifong’s involvement in the fabrication of false inculpatory evidence, the concealment of evidence of Plaintiffs’ actual innocence and the lack of probable cause against them, the intimidation of witnesses, and the making of false and inflammatory public statements regarding Plaintiffs’ supposed guilt—all of which resulted in the wrongful seizures of the three innocent Duke students and caused them to suffer substantial economic, emotional and physical harm, irreparable reputational harm, and millions of dollars in legal fees. See Consol. Opp. to Defs.’ Mots. To Dismiss the First Am. Compl. (Docket No. 51) (“Consol. Opp.”), at 2-17 (summarizing allegations against Nifong and other Defendants). As the Consolidated Opposition explains, these allegations satisfy the elements of the federal civil rights violations and state-law torts alleged against each of the Defendants, including Nifong. 1

Second, Nifong argues that he has absolute immunity from these claims because, he contends, all of the actions alleged in the Amended Complaint “were done in his role as District Attorney.” Motion, ¶ C. However, Plaintiffs’ Consolidated Opposition explains the relevant standards relating to absolute prosecutorial immunity and makes clear that, contrary to Nifong’s argument, the mere fact that a defendant holds a prosecutorial title or position at the time of his alleged misconduct does not mean that he is entitled to absolute immunity. See Consol. Opp. at 23-26. Rather, courts apply a “‘functional approach,’ which looks to ‘the nature of the function performed, not the identity of the actor who performed it.’” Buckley v. Fitzsimmons, 509 U.S. 259, 269 (1993) (internal citations omitted); Suarez Corp. Indus. v. McGraw, 125 F.3d 222, 230 (4th Cir. 1997) (“[T]he scope of absolute prosecutorial immunity has been narrowly drawn.”).

Noting a recent Supreme Court decision they stated,

The Supreme Court’s decision earlier this week in Van de Kamp v. Goldstein, ___ S. Ct. ___, No. 07-854, 2009 WL 160430 (Jan. 26, 2009), reaffirms this functional immunity analysis and reconfirms that Nifong is not entitled to absolute immunity for his investigative misconduct and public statements. Van de Kamp involved claims that supervisory-level prosecutors had failed to properly train and supervise lower-level prosecutors to disclose impeachment material in their criminal trials, and to create a database of information relating to trial informants. As the Court explained, the allegations in Van de Kamp addressed an entirely different situation from a prosecutor’s “investigative . . . tasks,” “advice to police during a criminal investigation,” or “statements to the press,” to which “absolute immunity does not apply”:

The Court made clear [in Imbler] that absolute
immunity may not apply when a prosecutor is not acting as
“an officer of the court,” but is instead engaged in other tasks,
say, investigative or administrative tasks. To decide whether
absolute immunity attaches to a particular kind of
prosecutorial activity, one must take account of the
“functional” considerations discussed above. . . .
. . . .
In the years since Imbler, we have held that absolute
immunity applies when a prosecutor prepares to initiate a
judicial proceeding, or appears in court to present evidence in
support of a search warrant application. We have held that
absolute immunity does not apply when a prosecutor gives
advice to police during a criminal investigation, when the
prosecutor makes statements to the press, or when a
prosecutor acts as a complaining witness in support of a
warrant application. This case, unlike these earlier cases,
requires us to consider how immunity applies where a
prosecutor is engaged in certain administrative activities.

See
PLAINTIFFS’ MEMORANDUM OF LAW IN OPPOSITION TO
DEFENDANT MICHAEL B. NIFONG’S MOTION TO DISMISS

As for what's next for the disgraced, disbarred, and former DA Nifong may we suggest the fetal position sucking his thumb.

Also see LieStoppers Forum for discussion of Motion

Hat Tip: sdsgo, Tidbits, and Quasi

Nifong's Absolute Immunity Defense takes another Hit

The Ides of March have come two months early for the Disgraced, Disbarred, and Former DA Nifong. Last week KC pointed out in his post Setback for Durham? a recent US Supreme Court decision.

"On Wednesday, the Supreme Court handed down a ruling that could weaken the Durham defendants’ efforts to use a claim of qualified immunity to avoid liability. Given that this claim formed a central element of Durham’s pleadings, the setback could be a formidable one indeed."

It just got worse today for Durham's self proclaimed greatest ex-attorney as the US Supreme Court in a 9-0 decision, VAN DE KAMP ET AL. v. GOLDSTEIN, re-affirmed,

“that absolute immunity does not apply when a prosecutor gives advice to police during a criminal investigation, see Burns, supra, at 496, when the prosecutor makes statements to the press, Buckley v. Fitzsimmons, 509 U. S. 259, 277 (1993), or when a prosecutor acts as a complaining witness in support of a warrant application.” Court Syllabus

It also clarified the distinctions of what are administrative functions allowable and made the line very clear on what are permissible actions.

“The administrative obligations at issue here are thus unlike administrative duties concerning, for example, workplace hiring, payroll administration, the maintenance of physical facilities, and the like. “ Court Syllabus

In the Duke Lacrosse Frame/Hoax DA Nifong repeatedly cross the line of DA as Police Investigator I/C as he ordered DPD Officers Gottlieb and Himan to perform specific police actions like the infamous 4 April Line-up.

Nifong in his Jan 15 Motion to Dismiss claimed.

All actions of Michael B. Nifong referenced in the Amended Complaint were done in his role as District Attorney and as such are entitled to absolute immunity. Nifong Response

Hat Tips: Tidbits, sdsgo

Duke Insurer says No!

The National Union Fire Insurance Company with United Educators Insurance has filed an answer & counterclaim in response to Duke University's complaint to seek compensation for their costs in the Duke Lacrosse Frame/Hoax.

The answer is a firm NO to Duke's demand for compensation.

Prof KC Johnson's Durham-in-Wonderland Blog was again the first to break this story.

Today's Herald-Sun reports;

No-pay lacrosse insurer: Duke in violation
by Ray Gronberg

DURHAM -- Duke University kept its insurer in the dark as it negotiated an out-of-court settlement with three former students falsely accused of rape in the Duke lacrosse case, the insurer says in new court filings.

The insurer, the National Union Fire Insurance Co. of Pittsburgh, says campus leaders thus violated their obligations to the company and therefore let it off the hook for paying the school's legal bills and covering the settlement.

Duke's withholding of information extends even to the terms of its settlement with former players .... Herald-Sun

See Justia's Web Site to follow the court filings
Part I Answer & Counterclaim
Part II Answer & Counterclaim

Of particular interest the question of which insurance company is financial responsible for the actual and future claims stemming from the disgraced and discredited SANE Exam is contentious. Duke University claims it comes under Medical Malpractice.

Sceptical had this comment on the LieStopper's Forum

When cornered, criminals start blaming the other criminals. In this case, everyone blames Nifong but there is also finger-pointing among the other parties. The insurance situation is similar.

The Duke leadership has obviously had some very bad advice over legal and insurance strategy. They will end up paying big, but even with the drop in their endowment, Duke still has deep pockets.

The contention that Levicy's crimes are a malpractice question is absolutely ludicrous. She examined Crystal only in the context of a SANE exam. Crystal had been seen by other DUMC doctors and nurses for her medical needs. They kept Crystal on the gurney out of the way until Levicy arrived for the morning shift so Crystal could have the SANE exam, the purpose of which was to collect specimens for evidence and fill out the SAER. These activities are evidence collection and not medical treatment. LieStopper's Forum

MikeZPU noted the following passage from the International Association of Forensic Nurses (IAFN) Code of Ethics:

Scientific misconduct, such as fabrication, falsification, slander, libel, and plagiarism are incompatible with this Vision of Ethical Practice. Public comments regarding scientific matters should be made with care and precision, devoid of unsubstantiated claims, exaggeration, and/or premature conclusions. IAFN Code of Ethics


Hat Tip: Professor KC, Sceptical, MikeZPU