Gottlieb's Homegrown 33 Pages of Notes
I was working off duty at Durham City Hall when I received a call from Inv. B. Jones in reference to a case she was handling. She stated there was a rape reported at 610 N. Buchanan which is in District 2. She received the case on the morning of 3/14/06 while on call. She stated she had very little information on the case due to the victim's condition while she was at Duke ER. She stated the victim did have a rape kit done while she was at the hospital. She stated the victim had left her a message that she received when she woke up on the afternoon of 3/14/06 around 1400 hours, and was suppose to meet with the victim later that night at 1900, however, the victim had gone back to be seen by a doctor again due to medical problems. She stated the victim's boyfriend had contacted her on the evening and let her know the victim was being seen. and that is why she missed her 1900 hour appointment. She stated she had set up a new appointment for 1900 hours today (3/15/06) and wanted to know if the District 2 Investigations wanted to adopt this case since she had not had a true interview with the victim to this point. I asked if any canvass had been conducted, a search warrant done on the crime scene, or identification of any potential suspects had been done up to this point. I explained to Inv. Jones that District 2 Investigations could take over the case if she needed our assistance, however, I explained to her it would be in the best interest of the victim to limit the number of interviews of the traumatic event. I advised her we should first consult with Sgt. Fransler and see if she agreed on this decision to transfer this case to District 2 from the On-Call Team. If in fact District 2 adopted this case, the interview for this evening would need to be canceled and the District 2 Investigator who would be assigned in the morning would interview the victim then. Inv. Jones stated she would discuss this with her Sergeant and get back to me. I told her to give the victim my pager and office number and have her call me at 8:30am on 3/16/06 so we could set up the interview. She agreed.
1649
I sent out a basic email asking for information on the event from the community on the PAC 2 list serve / Trinity Park Websites.
1720
had a telephone conversation with Sgt. Fansler concerning this case. She advised me she thought it would be a good idea if District2 was able to continue with this case. I agreed to adopt it, and told her to have Inv. Jones cancel the interview as we discussed earlier, and to have the victim contact me in the morning.
1725
I made contact with Inv. Jones and notified her we would reassign the case to District 2. I asked her to can I tier appointment and explain what was going on to the victim as discussed earlier.
3/16/06 0800
I conducted the morning roll call with the District 2 Investigators. The rape case was assigned to Inv. B. Himan. I asked each Investigator to coordinate with Inv. Himan so that we could obtain as much information as possible during the day.
0820
1 spoke to Crystal Mangum by telephone. She stated she could see us at her home anytime this morning. She stated she lived at 909 Davinci. I advised Inv. Himan of same.
0844
I received a call from a potential witness who identified himself as Jason Bissey. He stated he lived next door to 610 N. Buchanan, and stated he had heard men at the party yelling racial slurs at the women in the car as they were pulling off to leave. He stated he was going to call the police earlier in the evening, but didn't as things at 610 N. Buchanan became rowdy. He stated when he saw the request for information on the PAC site, he knew he needed to call and give the information he knew. I took his name and number and told him Inv. Himan. In addition, I gave Mr. Bissey Inv. Himan's contact information and thanked him for calling.
0930
Inv_ Soucie and I met with Inv. Sgt. Gary Smith at Duke Police HQ. He compiled photographs onto a disc of the members of the Duke Lacrosse Team for line up's if needed at a later time. He was also able to provide us with the Duke PD report from that event.
1122
1 returned to the station and turned over the information to Inv. Himan.
1147
Inv Himan and I went to 909 Davinci St. to meet with the victim. The victim was at home alone with her two young children. The victim had a very slow gate that was obviously painful while she was walking. Her facial expressions conveyed her pain as she ambulated. She moved extremely slow and had difficulty in turning from a direct line. She used the back of the sofa for assistance as she ambulated to sit down in the living room. The victim had to take time to position herself carefully on the sofa so that her exterior portion of either hip was making contact with the cushion. Anytime her bottom touched the sofa cushion while repositioning during our visit, she groaned and had a facial expression consistent with pain. The victim made an effort to console her kids when they would enter the room to see if she was ok for a brief minute, but was obviously having difficulty in moving to ensure them everything was fine. She stated the kids do not know what had happened to her and didn't know how she would speak to them about it when it came up. The victim became emotional when describing her attack. Tears ran down her face freely, and her nose began to run.
The victim discussed how she attended school at NCCU and was making a living as a stripper during the.night time. She works in a club in Hillsborough (Platinum), and now has started working for Angels Escort Service recently. She stated she receives calls and is told when and where to go for a function.
She stated she was contacted on the evening of the 13th to go to a bachelor party at 610 N. Buchanan. She stated she was to 6e paid $400.00 to perform with another female dancer and was to be paid by Flanigan. She stated she arrived late just before 2330 hours. She stated she entered the residence through the back door where she had met Nikki and was handed a drink. She has drank before and believed this to be rum and coke. She stated she was paid and they went into the bathroom for approximately 10 minutes, got ready to dance, and discussed how they would perform the act. She stated once inside of the bathroom, she placed her drink on the sink. She stated she accidentally spilled her drink, so she began to drink Nikki's drink. She stated as soon as they came out of the bathroom and started to dance the men became aggressive in their language, and started to get very excited. She stated she was afraid because on of the men in the crowd started yelling about sticking a broomstick up into them. She stated that happened within 5 minutes of them beginning to dance, and that is what made them stop. Fearing for their safety. She stated they went back into the bathroom and got what they could find of their belongings and went outside. She stated a male named Adam came out to their vehicle immediately when they went out, was very nice to them, apologized, and talked them into returning. She stated they went into the house and were separated (Nikki and her). She stated she was led into the bathroom that she was originally in. There were three men inside there. She described the bathroom as being blue, believes the rug was blue, and it had a tall mirror that went up to the ceiling. S he thinks it was the master bathroom. When she was inside of-the bathroom, she recalled the door closing, but could not recall which one of the men closed the door. S he stated one of the men, Adam stated, "I'm sorry sweetheart you can't leave". At the same time all three men who she could identify by a first name only grabbed her: The men were named "ADAM, BRETT, and MATT". She stated Matt grabbed her by her legs and then she stated they forced her head down beside the toilet and wall and began to rape her as she was on all fours. She stated Brett was behind her and was the first to sodomize and then to rape her. She stated Brett ejaculated and then stated, "I'm done it's your turn". She stated while the sexual assault was taking place they were yelling at her "Fuck this Nigger Bitch" and "Fucking Nigger". She stated that Matt was next to assault her. He attempted to "put it in my ass" but it was so sore he started to choke me from behind "because I was screaming so loud." She stated she could not breathe and remembered trying to get his arm off from around her throat. She stated she broke her fingernails off in the process. (False fingernails that were painted red.)! looked at her right hand and noticed four were missing. She stated Matt then penetrated her rectum, and at the same time Adam became excited while he was masturbating, off to the side he pulled her up and he stuck his penis around her lips and mouth. She stated she spit the fluid out on the side of the toilet. At that point Matt then moved around to.her front side where he penetrated her vaginally. She described the three men as 1) W/M, young, blonde hair, baby faced, tall and lean, 2) W/M, medium height (5'8"+ with Himan's build), dark hair medium build, and had red (rose colored)cheeks, and the third suspect as being a W/M, 6+ feet, large build, with dark hair. She stated after the men raped her, one of the men took her purse from her, took out her money, and threw it back onto the floor. She stated of the $400.00 only S200.00 is hers, the other half is the escort services. She stated she does not have her purse, phone, and a shoe (while high heel) in addition to her money. She stated Matt drug her out of the house and placed her in the car with Nikki. She stated Nikki drove her around fora little bit and then she recalls being at Kroger where the police arrived and saw her. She stated she did not take a shower, use the bathroom, brush her teeth, change her clothes, or have anything to eat or drink post attack. She stated she is not a prostitute, but stated she had been to one event in the past where she thought a male at a party was nice, so after the party they went out and had consensual sexual relations. She stated the last time she had consensual intercourse was about a week ago before this interview. She stated she did not receive any money for that other than the money she received before she started performing. The victim denied the use of any drugs and stated she had very little alcohol to drink that night.
She recalled becoming "fuzzy" about the time she started dancing. She stated she was fine when she arrived there.
1243
The victim stated she had bruising that was beginning to show up from the assault. ID was called to photograph her. CSI Reid (female) took her in private and took photographs. CSI Reid stated she had the onset of new bruises present.
1300
I returned to the station and asked Inv. Carnevale to take pictures of 610 N. Buchanan, to secure a key from the landlord so if no one was home at the time the search warrant was ready, we would not need to make a forced entry to the home, and to see if he could locate Angels. Inv. Himan began to put together a search warrant for the crime scene and I assisted him with same.
1415
I asked Inv. Soucie to put together several photo line ups based on the potential suspect names ADAM, BRETT, and MATT. I asked her when she was done to have Inv. Clayton show them to the victim to see if she could ID anyone.
2015
A briefing was held at Station 2 in reference to a search warrant for 610 N. Buchanan. CSI Ashby and Ryan Johnson were 1po in attendance with investigators and uniform officers from District 2.
2045
I notified communications District 2 CID was conducting a search warrant at 610 N. Buchanan Blvd.
2047
I assisted Inv. Himan at 610 N. Buchanan Blvd in the execution of the search warrant. Inv. Himan knocked and announced 5 times Durham Police search warrant open the door. This was over 45 sec to one minute. With no answer, Inv. Himan made a non forced entry using the key provided by the landlord. As entry was made two subjects approached the front room. They were identified as David Evans and Matt Zash. The home was cleared for possible threats, and Inv. Himan read the search warrant to the two occupants. In the front room in plain view was money on the coffee table (20 dollar bills) and the victim's purse, phone, and ID on a refrigerator in the south east corner of the living room. Inv. Himan explained to the men that they were not under arrest, but we were going to limit where they could go inside of the home during the time the search warrant was being executed. They were told they were free to go outside and do anything they wanted to do in that capacity. They were polite and agreed to sit on the sofa. Inv. Ullman asked them if they were interested in going to District 2 to answer some basic questions about the party. Both men were equally cooperative and stated they would go with us. Inv. Himan asked me to transport Matt Zash to Station 2 where he could be interviewed. While inside the home still, I told the men I was hungry and asked them if they wanted me to stop and pick them up something to eat for them on me. Both men politely declined. 1 asked if the woman's belongings had been sitting where they were this entire time. Matt Zash stated, "No, I found them outside on the side of the house thrown everywhere the morning after the party." "I picked them up and brought them inside to keep them safe." I told Mr. Zash I would drive him to station 2 if he didn't mind stopping with me so I could pick up something to eat. He politely agreed.
2134
1 left 610 N. Buchanan with Matt Zash in the front passenger seat of my unmarked vehicle. He did not have on handcuffs, but he did alloiv me to do a protective search of his person before he sat down inside of my vehicle for any weapon which might present harm to my person. We drove to 9th street where I stopped to go into Jimmy John's. I stopped 4 shops south of Jimmy Johns, parked the car, left the windows open, the vehicle running, and once again offered to purchase Mr. Zash anything he wanted. Fie again politely declined. 1 told him to make himself comfortable and fee! free to turn on any music he wanted to listen to. I told him I would be back in a couple minutes. When I walked up to Jimmy Johns, the store was closed. When I returned to my vehicle, Mr. Zash had turned on the radio to an easy listening station. We drove back down Main Street to Duke and down to Station 2. Inv. Soucie met us there, and she interviewed him.
2248
As Inv. Soucie was completing the oral section of her interview prior to having the suspect fill out a written statement, I stepped in and asked Mr. Zash if I could go over a list of people from his team and see if he could tell me who was present at the party. I told him if he was not sure if they were there or not; do not include them on the list. He stated the only people there were lacrosse team members. We went down the list, and he wrote down the names of the people who he recalled were there.
2257
Inv. Himan asked me to go over a non custody form with Daniel Flannery.
I then asked him if anyone was at the party who was not on the team. He stated no. I told him having that in mind; I wanted to go over the team rooster to see who was there. I told him also; do not indicate someone was there unless you are completely sure. He completed the list of players who he knew were there. I told him it may be a while until someone interviews him. I told him he was free to use the rest room, get something to eat, or use the phone. He stated his cell didn't work in the building. 1 told him he was welcome to go outside. I instructed him to just use the doorbell when he was ready to reenter the building. I also told him he was free to use the city phone in the front lobby section if he desired.
2306
Mr. Flannery stated he wanted to call his girlfriend, and went up the lobby unescorted. I was walking around the building and David Evans asked to use the restroom. 1 gave him directions there also. Mr. Flannery asked me what I would do in this situation. told him it is important for him and his roommates to consult with their parents and keep them informed on the situation. I told him he they may want to consider speaking to an attorney also to get their input.
3/17/06 0010
I suggested to Inv. Himan he inquire if they wanted to participate in a suspect kit process to rule them out as potential suspects. He spoke to them and they all agreed.
0114
I returned to 610 N. Buchanan. Inv. Carnevale was still holding the scene as CSI processed it. 1 spoke to CSI Ashby and Inv. Carnevale and asked what type evidence had located to this point. In addition, I walked around the residence to see if there were any other clues present that could link the incident reported to this residence. I noticed in the rear center bedroom, a picture hanging on the wall. It has one of the residents in the photograph at what appears to be a party (unrelated to this incident) drinking alcohol. The interesting thing about the photograph is how the subject has red cheeks most likely due to the alcohol consumption. The cheeks are consistent with the subject who the victim alleged attacked her. The scene was secured when ID completed the processing.
0209
I arrived at Duke to assist Inv. Himan.
0215
I prepared three Voluntary Consent to Identity Procedures sheets. I placed check marks next to each spot where the people were going to initial and told Inv. Himan to have them initial each spot along with signing them.
3/20/06 1420
Inv Himan advised me he spoke to Duke Police Det. Stotsenberg to set up a voluntary meeting for the players to speak to Durham PD and give photographs, and DNA. The coach is arranging the meeting during the athletes practice time to ensure everyone will be there. None of the subjects would be required to participate if they did not want to.
1500
I spoke to CSI Felts. She stated it would be fine for them to assist us in the collection of DNA and photos of the players on the volunteer basis on 3/22/06 and they would take care of the staffing needs. She stated for the DNA on that number of people, they would only do a buccal swabbing. I agreed. The District 2 command was also notified.
I spoke to Sgt Shelton and Officer Stewart individually. Both of them responded to the noise complaint and walked around the home. Neither one of them recalled seeing anything on the ground other than beer cans and trash. When they were there, the residence appeared unoccupied. When asked if they saw anything like a woman's purse and belongings on the ground on the south side of the house, Sgt. Shelton stated he remembered walking up the alley right there. "There is no way anything like that was there". Officer Stewart did not recall seeing anything like that either when walking around the home.
3/21/06 0900
1 went to the Durham County Court House and received a Subpoena for Inv. Himan to pick up the SANE Nurse's documentation concerning this case.
1030
I took the subpoena to Duke ER and served it on Tara Levicy. Ms. Levicy took me into the secure custody file room for the Sane Nurses and turned over the report and photographs to me. t asked Ms. Levicy about the exam. She stated the victim came in and was very apprehensive around the officers. Once the officers left the room it took her approximately 15-20 minutes to get her to calm down and open up. She stated the victim from that point on never changed her statement for over the 6-7 hour time period they were together. She stated the victim would remain calm in her presence and even when she left the room, however, one time a male nurse walked into the room to get some supplies while she was just down the hallway, and the victim, Ms. Mangum began to scream hysterically. Ms. Levicy stated she had to run back down to the room to reassure her she was not going to be hurt. I asked her if the exam was consistent with blunt force trauma, and she replied yes. She stated the victim had edema and tenderness to palpation both anally and especially vaginally. She stated it was so painful for the victim to have the speculum inserted vaginally, that it took an extended period of time to insert same to conduct an examination. I asked her if the blunt force trauma was consistent with the sexual assault that was alleged by the victim. She stated the trauma was consistent with the victim's allegation. The paperwork was delivered to inv. Himan.
1545
Inv Himan asked if Inv. Clayton and I could go by 3347 Rose of Sharon to see if we could locate the second dancer who failed to show up for her appointment. It is the possible address of a boyfriend.
1601
We arrived at 3347 Rose of Sharon. The dancer and her boyfriend no longer stay there with his brother. We were directed to check at his mother's home on Cornwallis Rd.
3/22/06 0657
I stopped by 1507 E. Cornwallis Rd. and met the second dancer's boyfriend's mother. She did not want to give me his telephone number or address; however, she promised one of them would call me within a couple hours.
0818
I received a call from Kim Pitmann. She stated she would be in at or close to noon to meet with Inv. Himan. I advised Inv. Himan of same.
1240
Inv. Himan met with Kim Pittman, AKA Nikki. I sat in on and assisted with the interview. Inv. Himan has notes of same.
1330
I advised Inv. Himan that Andy Peterson (of the Wes Covington office) notified me the team members would not be attending the meeting previously scheduled.
1345
I contacted the Durham Police Attorney Toni Smith and discussed the possibilities of a non testimonial order for the athletes. I told her about the case, and also told her about how we plan on discussing this with the DA's Office.
1533
Inv. Himan advised me Duke Police Detective Stotsenberg had contacted him and said no one showed up for the, meeting.
1600
I asked Inv. Ullman to follow up with the DA's Office concerning the NTO. Inv. Himan contacted me after the meeting was completed and notified me the DA'a Office wished to apply for the NTO. He stated they would like us to write it up for them to present.
1810
I spoke to Toni Smith and notified her that Inv. Himan spoke with ADA Tracy Cline. Ms. Cline asked him to draw up the NTO so the DA's Office could present it to a Judge in the morning. She stated follow the directions of the DA's Office sine they are the ones conducting the poisible future prosecution.
1900
I assisted Inv. Himan in drawing up a NTO for the District Attorney's Office. The document was completed just before 0145 hours.
3/23/06 1005
Inv. Himan contacted me and stated the Judge signed the application. He stated the date to produce was as applied for. He stated the DA needed to write the complete application form for each person and those would be signed and completed by early afternoon. He stated the Attorney could be called now to notify them that they needed to contact the players and notify them the time and place to go to.
1010
I notified Wes Covington's Office (A. Peterson) about the application status. They advised they would begin making arrangements to have the players there since the application was signed. They stated they did not expect any difference with the actual orders. I gave him directions to the Forensics Unit on 213 Broadway.
1329
I received an email from A. Peterson stating the Lacrosse players would be available for questioning on 3/29/06 at 1500 hours. He stated in that email that Mr. Covington would be present for the Non-Testimonial Order.
1521
Env. Himan notified me he had the NTO in hand signed by Durham Co. Superior Court Judge Stephens.
1600
Inv. Himan transported the order to the Forensics Unit. Inv. Clayton, Soucie, Bryant, and I were present to assist with the process. Attorney Wes Covington, Andy Peterson, and Robert Ekstrand were present. Mr. Ekstrand made it a point to state he represented every athlete present; however, several of the athletes stated he was not their attorney according to Inv. Himan and Clayton. I went to meet with the Attorneys and asked each of the people present to have a photographic ID. I set up several stations to ensure the process went smoothly and decreased the amount of time necessary for the individuals involved. Within a brief time period the press showed up and began filming and taking photographs. I asked everyone to come inside and set up security for the players to assist in protecting their privacy. I called for Patrol to stand by the gate of the parking lot to ensure no one who was unauthorized could make entry. I asked Inv. Bryant to stay with the individuals in the lobby and escort them by car pool groups to the back for processing so that their vehicles could be driven into the back of ID, the players get into the vehicles unseen. Once in the processing section of ID, the players would initially sign in (signature for ID). The second stage would be for an individual to go into a room with Inv. Himan and Inv. Clayton where their ID would be verified, the investigator would also look at goduke.com for each person and ensure the team line up photograph matched the ID/person present because a few of the participants forgot their ID's, and the Non-Testimonial was served (including placing name and address of said persons served. Mr. Ekstrand spent most of his time in this room observing the people. From there each person would individually go to a photographic station, a buccal swab station, and then be dismissed. Once each car pool group had completed, Mr. Ekstrand's assistant would drive their vehicle to the rear of ID and the men would enter the vehicle and leave without having to be stopped or harassed by the media. Due to this security the press left about half way through the event. The last person was served at 1835, and the last person left at 1858.
3/24/2006 0900
Captain Lamb met with me and advised me District Attorney Nifong was going to be running and prosecuting this case in the event criminal charges are sought. He stated to continue with our investigation, but to go through Mr. Nifong for any directions as to how to conduct matters in this case. Capt. Lamb also notified me to make sure the he was kept up to date so the Command Staff was kept up to date on the matter.
3/27/06 1020
While I was attending a Police Department OSSI Training class, I was summonsed by Cpl. David Addison of CrimeStoppers. Cpl. Addison received an email from a source via CrimeStoppers that had a disturbing message. The email was written in a manner that indicated the possibility of two or more people may have conspired to kill someone. A few things in the email that stood out were the use of a double period (..)at the end of a sentence or phrase. The email address listed showed ryan.mcfadyen.edu and was dated March 14, 2006 shortly after the party.
1030
I returned to the classroom and pulled Inv. Himan out who happened to-be scheduled for class on that day also. I gave him a briefing, and the two of us went to the Courthouse to see Mr. Nifong.
1040
Inv. Himan and I met with District Attorney Nifong. He was shown the email and briefed to date. The decision to do a search warrant was discussed and agreed upon. We returned to Station 2 and I assisted Inv. Himan in completing the document.
1735
I advised communications we were going to be executing papers on Duke Campus. Duke PD Inv. Smith assisted in the service at Edens 2C room 204.
1801
Inv. Himan, Soucie, Smith, Ryan Johnson (MIS), CSI Ashby, and I went to the room. Inv. Himan served the search warrant to the subject's roommate John Brad Ross who was home. He opened the door upon knocking and announcing. He was polite and cooperative. I listened to Inv. Himan tell him he was not under arrest and was free to leave the room or our presents if he desired. Inv. Himan read the search warrant to him in our presence. He was told his movement in the extremely small room would be limited since we were trying to process the scene. He was polite and went into the hallway. He stated he was not at the party. He stated he had a document showing his whereabouts the night of the incident and could provide names of people who were with him if it was necessary. I went through a garbage can in the room and needed somewhere to empty it to keep the room as clean as possible.
As Inv. Himan continued to ask questions to Mr. Ross questions, I asked if I could empty the contents of the garbage can in room into the hallway trash can. I tolcihim J could return the trash to the original can if he wanted it back in the room. He politely Id me I could leave the trash in the hallway trash can when I was done. At one point Mr. Ross stated he felt he should consult with his attorney. Mr. Ross contacted his attorney and minutes later Robert Ekstrand showed up. Mr. Ekstrand asked to see the search warrant and was handed the copy given to Mr. Ross. Mr. Ekstrand questioned the signature, not believing it was Judge Stephens signature. He was shown the original, but was still asking questions concerning the judge's signature. Inside the room were a number of hand drawn penises on the wall with team member's nicknames, jersey numbers, and questionable racial/ethnic things written on same. There was a small hangman's noose on the light fixture. Inside the room were also some emails on hard copy with the same.. markings as on the email sent out on 3/14/06 listed in Inv. Himan's search warrant. I left prior to the warrant Service being completed.
1915
Inv. Himan and Soucie called me and stated Mr. McFadyen returned to his room. They stated he was read the search warrant in front of Mr. Ekstrand's assistant. They stated he would not tell them where his car was parked or turn over the keys. They asked me to speak to him for a minute. I spoke to Mr. McFadyen and explained to him that the investigator had placed his vehicle on the search warrant. I told him if the investigators had to go outside, walk car to car and locate the vehicle in the large parking facility, and not have the key; they would make a forced entry to the vehicle. I told him it is not our intention to destroy belongings, however, we intend on carrying out the order and would take the necessary steps to do so. I told him it was up to him if he wanted the vehicle entered in a non forceful manner or not, because we were going to locate it and enter it. He agreed to voluntarily turn over the keys and disclose the location of the vehicle to the Investigators.
3/28/06 1720
I followed Inv. Himan to the home of William Boehmler located at 1107 Urban Ave. Mr. Boehmler agreed to come back to the station with Inv. Himan and answer questions.
3/29/06 0830
1 checked my voice mail at work after roll call and listened to a voice mail from Attorney A. Peterson. He stated his firm has been terminated and therefore the interviews with the team members scheduled for 3/29/06 were cancelled. I notified Inv. Himan.
1300
Inv. Himan and I were summonsed to a meeting at Police HQ to discuss the case with the Durham Police Command Staff, Duke Police Command Staff, City Manager, and the Police Department Legal Advisor.
1405
Inv. Ullman and 1 met with District Attorney Nifong. Mr. Nifong was pleased with the investigation to date, and asked for us to attempt to make contact with the individuals on the team to try to see if any of them will speak to us concerning the case. 1 told him we would try to speak to the individuals in as timely of a manner that was permitted.
3/31/2006 1223
Investigator Himan and I met with Durham Co. DA Michael Nifong in reference to doing a photographic line up with the new mug shot style photographs obtained during the Non-Testimonial Order procedures conducted on March 23, 2006 at the Durham Police Forensics Unit. Mr. Nifong suggested we put together the mug shot type photographs into a group since we are under the impression the players at the party were members of the Duke Lacrosse Team and instead of doing a line up or photographic array, we would merely ask the victim to look at each picture and see if she recalled seeing the individuals at the party. If in fact she could recall, just let us know how she recalled seeing them from that night, what they were doing, and any type of interactions she may have had or observed with a particular individual.
1340
I arrived back at District 2 and gave Capt. Lamb and Lt. Ripberger an overview of the conversation with the DA. I also discussed with them my idea to take the photographs and place them into a Power Point presentation. I explained to them that 1 would assign the set up of the presentation to Investigator Williams and Himan. Capt. Lamb asked me to confirm with the second dancer that she is the one who made the call about the racial slurs at 610 N. Buchanan to ensure there was not a second incident needing to be looked at.
1437
I sat down with Investigators Williams and Himan and taught them how to put together a power Point presentation since neit, r one of them had that experience. I asked them to set it up by using the ER number, create blank item number slides in between corresponding photographic slide's. They had access to each of the mug shots with the Lacrosse Players names on a copy of a CD provided by the Durham Police Department Forensics Unit.
1445
I contacted Kim Pittman to confirm she was the caller to 911 about the racial slurs. She stated she made the calls, and said it was definitely her.
1500
Inv. Smith and Stotsenberg from Duke Police drove up to the District 2 substation as I was leaving. They had three reports they delivered reports to me requested by us. Two were for staff at Duke who are being harassed due to this case (Duke reports #2006-1548 and 2006-1515), and one is a key card report for the team members on 3/13/06 to 3/14/06.
1515
I went to Duke IT Security at the request of Inv. Himan and picked up information that was required by a court order from Chris Cramer.
1538
The information collected by me from Chris Cramer was delivered to Ryan Johnson at EIS. I completed a property form and turned it over to Inv. Himan.
4/3/2006 1235
Investigator Himan made contact with me and advised me the Power Point presentation was completed.
4/4/2006 0800
I made telephone contact with Crystal Mangum and made an 11:30am appointment for her to view the presentation.
0900
I spoke to Vice President Graves at Duke University Police via telephone.
1011
I set up a desk in the briefing room of the District 2 Substation and placed Investigator Williams laptop computer on top of that desk. In addition, I borrowed a full size computer monitor from the secretary's office and attached it to the laptop. By setting up the computer in that fashion, I was able to show the victim the pictures of the players believed to be at the party, while Forensic Investigator Ashley Ashby was able to photograph her reaction (facial and body) while observing the individuals. Simultaneously, the photographs that were being observed by the victim on the opposite side of the desk from me, were able to be displayed on the laptop so potential Jurors, Defense Attorneys, Prosecutors, and other Judicial Officials could witness both the victim, her reactions, and the photographs in real time as the victim was seeing them. I checked out the display, had the District 2 Executive Assistant Van Clinton look at the pictures to give me her impression of how the photographs looked as a presentation. She stated it looked very professional, and stated there was no particular individual who appeared to be more or less noticeable than anyone else.
1125
The victim arrived at the District 2 Substation. She was greeted, asked if she needed anything to drink, or needed to use the restroom before we began. She used the restroom while ID finished setting up the video system.
1129
I sat down with the victim in the briefing room at the conference table and explained to her we were going to sit in the far side of the room at the desk and look at people we had reason to believe attended the party. I told her when she sat down she would only be able to see a screen on the monitor showing the introduction of the presentation. I explained to her during the time she was looking at each picture she should merely tell me who she remembered seeing at the party, or tell me if she did not recognize seeing an individual at the party. I explained to her it was very important not to say anyone was present at the party if they were not, or say they were if she could not recall they were present, 1 also told her it was important to tell us if she recalled seeing a particular individual at the party and to let us know how she recalled seeing them from that night, what they were doing, and any type of interactions she may have had or observed with a particular individual. She agreed. I told the victim if she needed to stop for any reason during the presentation, we could stop during one of the in between slides that merely gave the name of the upcoming slide (i.e.: IMAGE 1) I also explained to her that we would show the slides (mug shots for only one minute, and would not return 9 (view) the individual slide after it was shown. During the time I spoke with the victim and explained to her how the viewing ould be done Investigator Clayton, CSI Ashby, and CSI Maddry were present. Investigator Clayton took basic hand written notes, CS! Ashby ran the audio video recorder, Sgt. Gottlieb changed the slides and asked questions to the victim in direct correspondence to her statements, and CS1 Maddry kept time for Sgt. Gottlieb on the amount of time (one minute)a mug shot was being shown.
The writing below this point is a conversation between the Victim and Sgt. M.D. Gottlieb. The names of the persons believed to be at the party have been added to this narrative for identification purposes next to the Item number for the prosecution and defense; however, they were not on the screen or placed on the presentation. Neither Sgt. Gottlieb nor Crystal Magnum could have seen the names in any way.
KEY FOR THE TRANSCRIPT:
Sgt = M.D. Gottlieb Victim = Crystal Mangum
Sgt: Tuesday April 4, 2006 at 11:35 in the morning. I am sitting here with Crystal Mangum, a victim from 610 N. Buchanan; IR# 06-8310 The screen showing is the introductory screen with the Durham Police report number and address 610 N. Buchanan.
Sgt: Ms. Mangum, would you mind saying your name and date of birth.
Victim: Crystal Gayle Mangum, July 16, 1978.
Sgt: What we are going to do is show you some slides. During the time we're showing you the slides, we are going to give you one minute for each photograph. We can talk about it afterwards or while your looking at it. Whatever you'd like to do. You will see one photograph and then a blank screen just with a Item number. Another photograph and then another blank screen. Understood?
Victim: Yes.
IMAGE I (Matt Zash)
Victim: I don't recognize him.
Sgt: Ok.
Sgt: Ready for the next?
Victim: Yes
IMAGE 2 (Michael Young)
Victim: I don't recognize him.
Sgt: And I am just going to go the entire full minute on these.
Victim: Ok.
Sgt: Ok, and if you don't recognize them just wait until the full minute is up and say I don't recognize them.
Victim: Un huh.
Sgt: OK
Sgt: Ready for the next?
Victim: Yes.
IMAGE 3 (William Wolcott)
Sgt: Did you recognize him?
Victim: Yes
Sgt: How did you?
Victim: He was sitting on the couch in front of the television.
Sgt: And this was at the party at 610 N. Buchanan?
Victim: Yes.
Sgt: Next Image.
IMAGE 4 (Matthew Wilson)
Sgt: Did you recognize that person?
Victim: He looked like Bret but I'm not sure.
Sgt: Who is Bret?
Victim: One of the guys that assaulted me.
Sgt: One of the guys that assaulted you? Ok.
Victim: Urn hum.
IMAGE 5 (David Evans)
Victim: He looks like one of the guys who assaulted me sort.
Sgt: Ok. How um, how sure of it are you on this image?
Victim: He looks just like him without the mustache.
Sgt: Ok, so the person had a mustache?
Victim: Yes.
Sgt: Percentage wise, what is the likelihood this is one of the gentleman who assaulted you?
Victim: About 90%.
IMAGE 6 (Kenneth Sauer)
Do you recognize that person?
Victim: No.
IMAGE 7 (Reade Seligmann)
Victim: He looks like one of the guys who assaulted me.
Sgt: How sure of that are you?
Victim: 100%
Sgt: You're a 100% sure. Ok.
Victim: Yes.
Sgt: How did he assault you? Which one was he?
Victim: He was the one that was standing in front of me... urn... that made me perform oral sex on him.
Sgt: What else did he do?
Victim: That was it.
NOTE: Inv. Clayton motioned for me to repeat that for him.
Sgt: He was the one that was standing in front of her that made her perform oral sex. 100% sure that would have been IMAGE #7.
IMAGE 8 (Robert Wellington)
Victim: I don't recognize him.
Sgt: Ok.
IMAGE 9 (John B. Ross)
Victim: He was there.
Sgt: In the bathroom, or at the party?
Victim: At the party.
Sgt: Ok, so he was not the person who assaulted you. Do you remember what he was doing at the party?
Victim: He was standing outside talking to the other dancer.
IMAGE 10 (Mike Catalino)
Sgt: Do you recognize him?
Victim: No.
IMAGE I I (Adam Langley)
Victim: He was there.
Sgt: Where was he?
Victim: In the master bedroom.
Sgt: Was that where you described earlier with the big TV screen? Where you danced?
Victim: Yes.
Sgt: What was he doing?
Victim: Just drinking.
Sgt: You ok? If you need a drink of water or anything just let me know and when we get to a blank screen we can get you something.
Victim: Ok.
Sgt: Ready?
IMAGE 12 (Bret Thompson)
Sgt: Did you recognize him?
Victim: No.
IMAGE 13 (Glen Nick)
Sgt: Did you recognize him?
Victim: Yes.
Sgt: How did you recognize him?
Victim: He was in the master bedroom.
Sgt: What kind of things was he doing?
Victim: Just drinking.
IMAGE 14 (Sam Payton)
Sgt: Did you recognize him?
Victim: No.
IMAGE 15 (Eric Henkelman)
Victim: He was there. He had on some brown shorts, kaki shorts.
Sgt: Was he in the bathroom or main room?
Victim: I just saw him outside.
Sgt: Outside? Did you recognize him?
Victim: Yes
IMAGE 16 (Kevin Coleman)
Sgt: Did you recognize him?
Victim: No.
IMAGE 17 (Dan Flannery)
Sgt: Did you recognize him?
Victim: He is the one that gave me $400 dollars.
Sgt: He gave you $400 dollars? Do you remember anything else about him?
Victim: No.
IMAGE 18 (Daniel Theodoridis)
Sgt: Did you recognize him?
Victim: No.
IMAGE 19 (Edward "Bo" Carrington)
Sgt: Do you recognize him?
Victim: No.
Sgt: Ok. If you don't recognize someone that's ok. If you do recognize someone you can just go and begin speaking to save a little time.
Victim: Ok.
IMAGE 20 (Peter Lamode)
Sgt: Did you recognize him?
Victim: He was sitting in the kitchen.
Sgt: He was sitting in the kitchen. What was he doing there?
Victim: Urn, making a drink.
Sgt: Ok.
IMAGE 21 (John Walsh)
Victim: He was there.
Sgt: Where do you recall seeing him there?
Victim: He was outside.
Sgt: Ok, is he doing anything special outside?
Victim: Talking.
Sgt: Ok, you said you recognized seeing him outside.
Victim: Yes.
IMAGE 22 (Breck Archer)
Sgt: Do you recognize him?
Victim: No.
IMAGE 23 (Ed Douglas)
Sgt: Do you recognize him?
Victim: No.
IMAGE 24 (Casey Carroll)
Sgt: Do you recognize him?
Victim: No.
IMAGE 25 (Dan Loftus)
Sgt: Do you recognize him?
Victim: No.
IMAGE 26 (Chris Loftus)
Victim: He was in the living room.
Sgt: He was in the living room? What was he doing there?
Victim: Sitting down.
Sgt: Do you recognize him? In sorry; you said he was in the living room.
Victim: I meant the master bedroom.
Sgt: Master bedroom. Ok.
IMAGE 27 (Nicholas O'Hara)
Sgt: Do you recognize him?
Victim: No.
IMAGE 28 (Daniel Oppedisano)
Sgt: Do you recognize him?
Victim:. No
IMAGE 29 (Matt Danowski)
Sgt: Do you recognize him?
Victim: No
IMAGE 30 (Fred Krom)
Sgt: Do you recognize him?
Victim: No
IMAGE 31 (Ben Koesferer)
Victim: He was sitting in the front row.
Sgt: He was sitting in the front row while you were dancing?
Victim: Yeah.
Sgt: Sitting in the front row.
IMAGE 32 (Robert Schroeder)
Sgt: Do you recognize him?
Victim: No.
IMAGE 33 (Zack Greer)
Sgt: Do you recognize him?
Victim: No
IMAGE 34 (Tony McDevitt)
Victim: He was in the master bedroom
Sgt: What was he doing?
Victim: Sitting on the couch watching television.
IMAGE 35 (Michael Ward)
Victim: The guy before this one. He made the comment about the broomstick.
Sgt: #34 was the gentleman who made the broomstick comment.
Victim: -Urn hum.
Sgt: What was the comment about?
Victim: He said um he was going to stick broomsticks up your asses.
Sgt: Did he do anything else?
Victim: No.
Sgt: Was he holding anything when he said that? And #35, the one you just looked at. Did you recognize him?
Victim: No.
IMAGE 36 (Stephen Schoffel)
Sgt: Do you recognize him?
Victim: No.
IMAGE 37 (Josh Coveleski)
Victim: He was in the master bedroom.
Sgt: What was he doing there?
Victim: Just yelling and screaming.
Sgt: Do you remember what he was screaming?
Victim: Just Yeah! and Wh000!
IMAGE 38 (Kyle Dowd)
Victim: He was in the master bedroom.
Sgt: What was he doing there?
Victim: Yeah, let's see some action!
Sgt: He was the one saying lets see some action?
Victim: Yes.
IMAGE 39 (Ryan McFadyen)
Sgt: Do you remember him?
Victim: No.
IMAGE 40 (Collin Finnerty)
Victim: He is the guy who assaulted me.
Sgt: What did he do?
Victim: He put his penis in my anus and my vagina. (The victim's eyes were pooling with tears)
Sgt: Was he the first or second one to do that?
Victim: The second one.
Sgt: Is he the one that strangled you or not?
Victim: No
Sgt: So that is the gentleman who put his penis in your anus;-picture 40.
IMAGE 41 (Kevin Mayer)
Sgt: Do you recognize him?
Victim: No.
Sgt: Do you need some tissues? I can see your crying.
Victim: I'm fine.
Sgt: Um, you said you don't recognize him. And... Getting back one slide to the gentleman who put his penis in your anus. How sure of that are you?
Victim: 100%.
Sgt: 100%.
IMAGE 42 (Jay Jennison)
Sgt: Do you recognize him?
Victim: No.
IMAGE 43 (Christopher Mac)
Sgt: Do you recognize him?
Victim: No.
IMAGE 44 (Gibbs Fogarty)
Sgt: Do you recognize him?
Victim: No.
IMAGE 45 (Tom Clute)
Sgt: Do you recognize him?
Victim: No.
IMAGE 46 (Ned Crotty)
Sgt: Do you recognize him?
Victim: No.
At the end of the Power Point presentation, I turned the video monitor around that was facing the victim so that both monitors were facing the camera that the Forensics Unit was using to tape the event. I ran through the presentation one more time so that people could see the screens are showing the same presentation at the same time.
1321
Inv. Soucie and I met with Mr. Nifong and I went over the results of the presentation. to addition, Mr. Nifong presented me with a letter from Kate Hendricks of the Duke University Office of Council. Inv. Soucie turned it over to Inv. Himan at 2330.
1515
I was called into a meeting with Captain Lamb and Lt. Ripberger. I was told they were instructed by Deputy Chief Lamb to have a time line of basic events made for this case. The time line is for the City Manager to possibly go over with council. I was instructed it needed to be ready by noon on 4/5/06.
Informed Captain Lamb two canvasses were going to be done in the area of 610 N. Buchanan. I told him the first one would be done in the morning of 4/5/06 lead by Inv. Carnevale.
1530
I paged Inv. Himan who was at in-service training and pulled him out of class to begin to work on this project with Inv. Soucie and me.
1617
I requested Inv. Carnevale conduct a canvass in the area of 610 N. Buchanan. Inv. Carnevale contacted each District and requested a couple investigators to assist him in this matter. I asked him to go 6 houses north and six houses south of 610 N. Buchanan and pass out Inv. Himan's cards.
In addition, go to Watts to the home directly behind 610 N. Buchanan, and six houses north and south on Watts and ask questions and pass out Inv. Himan's cards.
1715
I turned over the two Duke reports #2006-1548 and 2006-1515 along with card access display readout to Inv. Himan.
4/5/06 0756
I requested the On-Call team conduct a 1900 hour canvass in the same way as the day time canvass.
1030
Inv. Carnevale returned to state the morning canvass was completed, and I asked him to turn over the results to Inv. Himan.
1103
Capt. Lamb asked me to reschedule the night time canvass to give the team a little notice. The date was switched to Saturday 4/8/06 at 1900 hours.
1245
I received information there may be a second rape unrelated to this case that occurred a few years ago from CrimeStoppers that may add light to this case. Information came into there from a Female who stated her daughter was a Duke student and was attending a party at one of the Fraternity houses in Trinity Park; possibly Watts Street. She stated her daughter was attending the party thrown by Duke Lacrosse members who surrounded her when she was intoxicated and gang raped her daughter. She stated her daughter does not want to report the rape even now, and has been in and out of treatment for the traumatic experience. I asked if the victim had a blind rape kit done or received any medical treatment based on the conversation. Cpl. Addison stated he was unable to advise, but the mother is going to call back with additional information. The mother also stated her daughter dropped out of school and never returned.
1735
I asked Inv. Himan if the woman from Durham Access has ever been interviewed. He stated they have not been able to make contact with her at work. I asked him if he wanted me to send someone out. He replied he did. I did a map, quest search for Mariecia Smith and gave the results to Inv. Williams. I asked her to attempt to contact the subject for Inv. Himan and get her statement. 1 told her she lives in Cary, NC at 118 Hidden Oaks #1-A and gave her the Cary PD number for their assistance. I told Himan about the information and asked him to begin looking into leases to see if Lacrosse players lived there over the past few years.
4/6/06 1725
Inv. Himan asked me to do an interview for him on Jarriel L. Johnson. I conducted a background interview on the subject. He had only driven Crystal a few times in the past. The last time he drove her anywhere was on 3/11/06. He took her to a hotel where she was dancing. Wakefield Holiday Inn Express. He stayed in the PVA and she went into a hotel room that had an interior access door. He stated she may have had a beer then but does not do drugs. I asked if he drove her on the 13th of March to the party at 610 N. Buchanan to which he replied "No". He told me she had originally asked him to drive her, but he has tied up with other things. 1 asked him where they went after they left Wakefield and he stated he drove her back to her mother's home. 1 asked him if he had seen her before the 11th and asked him if they had ever had sexual relations. He stated he had seen her on March 9th and he stated he had oral and vaginal sexual relations with her. He stated he did not ejaculate and did not wear a condom. He stated there was no anal sexual relations with Crystal, and he has never done that with Crystal. He spoke about places they went to eat, and other places they stopped at over the week prior to the reported assault at 610 N. Buchanan. I asked him if he was aware if Crystal was ever sexually or physically assaulted in the past while working. He stated "No" I asked him if Crystal was injured recently before the incident on March 13, 2006. he stated he was not aware of any, and she did not look or act as if she was injured. I asked him if Crystal had ever made any comments about her job that would cause him to have fear for her. He stated "No" but he "feels she can do better". Mr. Johnson stated the female that sets her up for work called just after 0100 on 3/14/06. He stated he was not the driver and could not tell where she was at. Inv. Soucie took notes.
4/8/06 1843
I contacted Sgt. Hamilton via pager. I had made a flyer to give out for the canvass and was prepared to email it to him at the station. He called back and stated they had actually gone earlier and the canvass was already completed. He stated he would forward the canvass results to Station 2.
4/10/06 1256
1 attended a meeting at DNA securities held by Brian Meehan, Director.
4/11/06 0915
Inv. Himan told me he had a meeting this afternoon and asked if it would be possible for me to pick up Crystal Mangum from Colonial Apartments and transport her to the DA's office for him. I contacted her and made arrangements for a 1315 pick up time. While driving her to the DA's Office she explained how her children were having emotional problems due to this event, both at home and in school for the older one. I told her the information for the Duke Center for Child and Family Health and gave them a call to ensure they would be able to assist. The victims insurance / Welfare will cover same.
1312
I arrived and transported Ms. Mangum to the DA's office.
1400
The victim and District Attorney Nifong met one another and discussed the case. Lt. Ripberger was also in attendance. Inv. Himan was present for a portion of the meeting. I then returned her back to Colonial.
4/13/06 1300
Sat in on a meeting with Inv. Himan and Sue Wasiolek from Duke University at Station 2.
1545
I spoke to US Attorney Ben Curtis. He spoke to me about the case in reference to Collin Finnerty gave me information on the case. He stated he could send info but would need a letter on letter head from Durham PD and then permission from his boss. I faxed a letter at 1551 hours.
1710
I spoke to Sgt. G. Smith and discussed going to speak to some people on campus with Inv. Himan. He stated he was getting ready to leave and requested we call the communications center. He stated they would be able to 'give us access to any building necessary for the public hallways.
1721
contacted Duke Police Communications and notified them we were going to do follow up on campus and need access to dorms. They stated they would have an officer meet us at Edens 2C.
1740
Officers let us into 2C Edens and we went to speak to Michael Young. I knocked and we were invited in. Inv. Himan spoke to the subject in his room. He was polite and answered Inv. Himan's questions.
1747
We left the building and had the Duke Officers open the other stairwell to Reade Seigelman's hallway. We went to his room, knocked but no one answered. We came back outside to return back into the main section of 2-C Edens. The officers had left, so we waited for a student to exit, and then entered.
1754
Rob Shroeder was in the hallway of the second floor standing just outside of his doorway. We approached him, and asked to speak to him. He agreed to listen and invited us into his room for privacy when we requested that. He listened to Inv. Himan and answered one question. He was very polite but guarded in his response. He did not want to continue the conversation so we thanked him and left.
1800
We entered the stairwell to go downstairs, and on the way down Inv. Himan saw a third player he recognized. He introduced himself and the player stated he had no comment for us. We thanked him and left the building.
We went near the main quad to locate the HH Dormitory. An 18-20 y/o Black female showed us where it was. She then asked if we needed in and she opened the door for us. We thanked her and walked down to HH203 to speak to Bo Carrington. The door was cracked open when we arrived. Inv. Himan knocked and they stated to come in. Inv. Himan knocked again and waited for them to answer and invite us in when he could see we were officers. He did and was very polite. In addition, a second player was present; Rob Wellington.
We told them why we were there, they were very polite and stated they wanted to speak to their lawyers first. We thanked them, gave them our contact info and left.
4/17/06 1145
I attended Grand Jury and testified in the case. The information testified to was concerning Reade W. Seligman and Collin H. Finnerty involvement. After Inv. Himan and I completed out testimony we were notified a true bill was voted on. We met with District Attorney M. Nifong and briefed him. When the Indictment was brought before Judge Stephens, a decision was made to have the men turn themselves in at 0500 on 4/18/06. A preset bond of $400.000 was made for both men.
1530
I called Mr. Curtis back and asked for an update on the case file information concerning Collin Finnerty for the event at Georgetown. He stated the US Attorney preferred Mr. Nifong make the request and they would send the information to his office. I thanked him and made a follow up call to Mr. Nifong.
1956
I went to 602 N. Buchanan to answer a citizen concern about threats to he based on the Duke Lacrosse case. The victim has a telephone trace by the telephone company and would like us to investigate the complaint. A report was generated, and it was assigned to Inv. Clayton.
4/18/06 0504
Inv. Himan, Clayton, and I arrived to serve the indictments at the jail on the two suspects. I assisted Inv. Himan with the paperwork. Both men were polite and cooperative. Both were obviously nervous and requested not to sign their booking sheets.
1420
Inv. Himan and I discussed the possibility that some evidence may still be at one or the other individual's room on Duke Campus. We spoke to Capt. Lamb about our concern and he agreed. l spoke to District Attorney Nifong and he stated write up search warrants for both rooms. inv. Himan and I placed our names on the warrants so the search warrants could be executed simultaneously.
1646
Search warrants for Edens 2c Rm.# 203 (Collin Finnerty)and Edens 2C Rm.# 301 (Reade Seligman) were signed off after they were reviewed by District Attorney Nifong.
1735
Duke Police and Durham Police briefed outside of 2C Edens Dorm. Inv. Himan would execute the Search Warrant on Rm. 301 and I would execute the Search Warrant on Rm. 203. Duke had pass keys in the event no one was home to make non forced entries.
1755
1 arrived outside of the room 203 with Duke Inv. Rush and CSI Sale. 1 began to knock and announce in a normal tone of voice. There was no answer. After the official with the pass key completed his assignment on Rm. 301 he arrived at my location. Three loud knock and announcements were made, no answer, and a soft entry was made using the key. No one was home. There were no computers in the room, only evidence that they were recently there. The wires for Internet access, etc.
I read the search warrant to the vacant room. About 10 minutes into the search Rob Shroeder arrived. He was on his cell phone with a family member. I went ahead and read the search warrant to him also. The search began inside the room. Mr. Shroeder chose to sit on his sofa during the search. I located a letter addressed to Collin Finnerty from what appeared to be his girlfriend. In the letter she discussed how good it was to visit, and she thanked him for allowing her to use his ATM card as usual while she was there. A news article about some problems Mr. Finnerty was having was discovered, and his lease for the Duke Dorm Room was located. I asked CSI to photograph it. Inv. Himan called me and asked me to come to room 301. I told him I would be there after Rob Shroeder signed the inventory form. Robert Ekstrand, his Attorney, was there as a witness.
1840
I left the room in the custody of Inv. Rush while CSI Sale completed her collection of evidence.
The inventory form and return of service was done later at the Magistrates Office before Chief Magistrate Chet Dobies.
1844
went up to room 301 and met with Inv. Himan. He stated there was a printer on the floor next to John Jennison's bed, but the owner's manual was in Reade Seligman's Desk drawer. He asked if he should seize it. Mr. Ekstrand was standing outside of the room with John Jennison. I asked John Jennison whose printer was the item on the floor. Mr. Ekstrand pulled his client aside and returned and stated it was John Jennison's printer. Neither person knew the owner's manual was in the other person's desk, so when I posed the question Mr. Estrand pulled John Jennison away again. He stated it was his, that he bought it. Even though it is in the scope of the search warrant, I told Inv. Himan we could charge John Jennison for lying if we discovered he was making something up possibly hiding evidence and have something to hold over him at a later time. It was photographed and left. I went into the drawer to locate the owner's manual to seize it. While going through the drawer, I discovered a KKK application. I asked Inv. Himan if he had been through the drawer, and he stated while pointing at the wall, he is in an African History class. I told him to seize it just incase there was something else to it in addition to his class. I cleared the room as Inv. Himan went over the inventory form with John Jennison and his attorney.
4/19/06 1555
Ryan Johnson turned over a folder that was sealed on 4/18/06 containing 6 photographs pulled off a digital camera DPD item #14. The package was turned over to Inv. Himan on 4/27/06 at 1450. Items were viewed.
1610
I received call from a woman who had information on post ingested drug testing based on hair analysis. Rosemary Roberts (Girl on Point Creative Services) 916-652-5309 told me she has a medical background and that she is aware of a doctor at the San Francisco County Medical Examiner's Office who specializes in the detection of date rape drugs by hair analysis. She gave me his information, and I thanked her for her concern. She sent a follow up letter that was turned over to Inv. Himan at the time of receiving same 1822 hours. Dr. Nikolas Lemos (415)553-1650.
1615
Himan advised me there were new developments in the DNA.
1625
I made contact with Dr. Nikolas P. Lemos, PhD, the Laboratory Director/Chief Forensic Toxicologist for the San Francisco County Medical Examiner's office (415)553-1694. We discussed the possibility of a victim being given an unknown drug, but most likely not GHB, Rohypnol, or Ketamine. The victim was able to recall events but had the onset of impairment in a rather fast manner. I asked him about his testing and he stated he in fact does specialize in testing of hair for drugs. He explained to me they need to collect a specimen from the victim between 30-90 days post ingestion of the drug. He stated based on the drug, he could tell when it was ingested, and approximately how much entered the system. He stated GHB has its own test, and then a standard drug panel would show all other date rape drugs and common street drugs similar type drugs looked for in the national DOT testing. He explained the collection procedure, approximate cost per test. He told me the research study and testing was started France and have been published. The testing is common, and based on where the drug is in the hair, it can be isolated to a 48 hour time period of ingestion. He stated the collection could be done in two manners. He could do it, or have our forensics people do it and it could be sent to him with the proper chain of custody. I thanked him for his time and told him I would need to discuss the procedure with Mr. Nifong.
4/20/06 1015
I spoke to Mr. Nifong concerning the testing for drugs through hair samples. He asked me to check with local labs, the NC Medical Examiner, the SBI, and the FBI before we went that far outside.
1215
I picked up Mr. Nifong and Inv. Himan for a meeting in Burlington.
1257
District Attorney M. Nifong, Inv. Himan, and I arrived at DNA securities for a meeting.
4/21/06 0825
I completed some research on the web in reference to the KKK. I sent an email to C. Moody and the District 2 command to inforM them 1 was on that site in the event something should come up in the future as to why I was there.
1620
I spoke to Detective Kathy Jackson with DC Metro Police. She requested letterhead and stated she would locate the report and fax it back. The fax was sent out at 1630 hours.
4/25/06 1600
I was advised the victim was having some problems due to subjects following her. I advised Investigator Soucie to begin looking for a safe house via the DV community resources.
4/26/06 1125
1 asked the Durham Business License Office if they had any information on Angels Escort Service. The information was turned over to inv. Himan on 4/27/06 at 1410 hours when I next saw him.
4/27/06 1424
I spoke to the NC Medical Examiner's Office in Chapel Hill. They do not do that type testing. They suggested looking at the SM.
1428
I called the SBI crime lab. They do not do that type testing on hair for drug analysis. They stated try the FBI.
1528
I received the information from DC Metro PD Detective Jackson via fax and turned it over to Inv. Himan.
1538
I spoke to the FBI on Crime Lab. They do not do that type drug testing from hair samples.. They suggested I look for anyone who has published, and has had the study results offered into court within the US Court System with a prior case.
1554
I spoke to Lab Corp in RTP. They are able to run a standard DOT Screening and will be willing to do it. The person was very forthcoming and stated if it is a high profile case we may consider a company that has more experience in Hair drug analysis, since they are in the infancy stage compared to other more established companies like Quest.
5/3/06 2333
I sent an update email to District Attorney M. Nifong.
5/9/06 1630
A Duke email from John Burness was passed onto me. It was turned over to Inv. Himan. (Duke Police Ops Rep 3.14.06.pdf
5/10/06 0900
Inv. Clayton and Himan stated they had information that the cab driver, Mr. Mostafa, has an active warrant according to the DA's Office. The DA wants the warrant served. I told them there was no problem in serving a warrant for a crime, and do what the District Attorney wants done.
1100
I spoke to Ted Johnson of Quest Lab In Las Vegas, NV and told them how we were referred to them by Labcorps. I discussed the possibility of the hair drug analysis and asked them to come up with figures and a protocol for the collection. I asked hi to look into it and get back in touch with me.
5/12/06 1553
received an email from Quest Lab stating they were going to pass on the possibility to do the hair drug analysis. They referred us to the National Medical Service.
5/15/06 1000
Went to Grand Jury for David Evans but was not called. The indictment was done off Inv. Himan's testimony. I waited with Inv. Himan to pick up the order and to charge the suspect.
6/2/06
did a search of my emails and turned same over to Major Lee Russ as ordered.
6/14/06 1500
Inv. Himan gave me an update on a meeting he had with Mr. Osborn and a defense expert. Inv. Himan was concerned the expert was under the influence of an impairing substance. He stated Ryan Johnson watched him closely so everything was done correctly, but just wanted to make me aware of same.
6/25/06 1151
Inv. Clayton advised me NBC.com had information a payoff offer was made to the victim according to the Carolinian Newspaper.
6/30/06 1000
Inv. Himan handed me a request for payment/responsibility for service rendered for forensic services. I passed it up the chain of command.
1155
I spoke to Inv. Himan concerning the email I had received from Inv. Clayton. He stated he spoke to the victim in relations to that and she stated she has never had any offers from anyone to drop the case, nor will she accept. He stated she said she has no idea where her cousin is getting that from.
7/14/06 1552
I dropped off my case notes to District Attorney M. Nifong. We discussed the status of the case. He would like us to begin contacting the attorneys for each of the non indicted subjects and see if they will do an interview with police. In addition, he reported he still needs the notes from Ryan Johnson. I 'advised him I spoke to him today and he is almost completely finished. Mr. Nifong would like us to begin with seeing if Daniel Flannery will come in. His attorney is Butch Williams.
1657
Candy Clark handed me the list of team members who she knows are currently represented by council. She stated this is only a partial list, and she will have the rest soon.
1723
Inv. Clayton made copies of the list for inv. Himan and himself.
[07/14/2006 17:28, GOTTLIEB, 420, DPI)]
[10/20/2006 09:54, GOTTLIEB, 420, DPDJ]
7/19/06 1122
I received a call from Mr. Cheshire Cole's Office asking about my hand written notes. I notified him 1 kept up with notes by computer, referring back to notes from other Inv.'s when 1 was there in a supporting manner, and kept track of times by CAD on K&T's etc... I explained to him I had turned over several pages of hand written notes to Inv. Himan from when I listened to the video where the victim looked at photographs to see if she recalled seeing anyone at the party. Those were the notes from the typed version he had already received. Finally, I told him I turned over my Emails over to Major Lee Russ for a discovery court order that requested information on emails from all the officers on the department.
1210
Lt. Ripberger notified me the drug testing was fine and to send out the hair for the testing pre-court order.
1537
I returned a call to CSI A. Ashby. She stated she has the hair samples from the rape kit and the sample collected during the 90 day window ready to be sent out. She wanted confirmation for the company in reference to the testing of the hair from the rape kit. They have apprOximately 50 hairs that were collected in the kit. They can either test for ecstasy or do a 5 panel drug screen which includes ecstasy and other common drugs ie cocaine. However, there is not enough hair to do both with the limited amount of hair. I asked her to run the 5 panel screen to see a wider variety of toxicology results on the base line pre-rape drug usage if any. On the post rape drug screen both tests will be run, ecstasy and the 5 drug panel. The testing should be done within a week of delivery and possibly by Sunday if it gets there immediately. The lab has my contact number to call before the results are faxed to Station 2.
10/3/2006 0800
I located the notes for the photographic display done on 4/4/2006 and turned them over to Inv. Himan.
3 comments:
It seems to me that we have a paper trail for obstruction of justice,
manufacturing false evidence, lying to grand juries, and more. If the North Carolina state authorities are not going to pursue criminal charges, and if the feds are not interested, then we need to do potbanging of our own.
NC is done with this case - The bar got Nifong and there is nothing left. The Feds are not interested. The people in Durham are not interested, Why are bloggers still interested?
4:57
I am interested because the system is corrupt. It needs to be fixed. I hope you or no one you know ever gets caught up in justice such as the DPD doles out. IMO, even asking such a question is why wrongful prosecutions are allowed to go forward. If more people stood up to what was wrong with the system, the system might actually work for everyone. Time will tell whether Durham will be the proud city it once was. If not, then, it may always be known as the corrupt city it is showing itself to be. Oh yea, and the local NC and RTP city of murders. Wasnt there 3 murders this past week in Durham? Durham justice is just not working, period.
Gotlieb previously said he was just supervising Himan. This post sorta shows me that Gotlieb was leading this investigation.
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