Inv. Ben Himan’s Typed Notes, Part 2 (April 18 - May 15, 2006)

4/18/06 0500hrs - Myself and Sgt. Gottlieb, and Inv. Clayton arrested Collin H. Finnerty and Reade W. Seligman at the Durham County Jail they were processed at the jail and were given a 400,000 dollar bond.

4/18/06 1300hrs - Athletic Director Joe Alleva arrived with lawyers representing Mr. Alleva. He stated he was notified by Sue Woselak in reference to a party that the Duke lacrosse team had. She told him there was under age drinking and alleged sexual assault that took place at 610 N. Buchanan. He stated that Chris Kennedy and Sue Wasiolek met with the four captains Dan Flannery, Bret Thompson, Matt Zash and David Evans on March 17th. He stated that Sue also gave them the suggestion that Wes Covington be contacted reference this matter. He stated he did not meet with the players until March 24th. He stated that sometime the players had stated that woman was impaired when she showed up, that she was so impaired that they just wanted her out of the house. That she had to be helped to the car by “Dan Flannery”. A question was asked whether any player or family had contacted him about players not being there. He stated Michael Catalino’s family called and stated that he was not even at the party that night. He stated that he had talked with the coach about the situation and the coach had believed that this allegation was false and emphatically denied that his players could have done this. He stated he had heard about the meeting and but some parents had got involved by then and did not want them going to meet the police. He stated that he does not deal with disciplinary system that it goes through the university judicial system (Sue Wasiolek’s office) he stated that they were planning on suspending the team for a couple of games and then the whole season. He met with some of the parents on 3/24/06 because there was a game that day and he had canceled the game.

4/18/06 1646hrs - A search warrant was issued to Collin Finnerty (rm 203) and Reade Seligman’s (Rm 301) dorm room. Superior Court Judge Stephens signed the search warrant.

4/18/06 1757- The search warrant at Edens 2c Rm 301 was executed. The search was conducted of the room. There was no answer at the door as I knocked three times and announced “Durham Police Department, we have a search warrant” one of duke employees that was called by chief graves opened the door for us at 301. The room was unoccupied by any of the tenants. I read the search warrant out loud in the room. We began the search of the room. At around 1817 hrs John (Jay Jennison) arrived visibly nervous, he asked to see the search warrant. I asked who he was and he Stated Jay Jennison, “I live here”, I asked to see his ID to verify who he was. Mr. Jennison produced his ID as John Jennison. I gave him a copy of the search warrant, and he spoke on the phone to whom identified him self as Julian Mack, he asked for the items that we were searching for and I read him the items. I then handed the phone back to Mr. Jennison. I asked Mr. Jennison what items were his. He stated that left side of the room was his bed and in the closet the left side was his and the clothes that were hanging up. Inv. Carnevale was looking in a bag “49” for items in the search warrant and Jay Jennison stated that it was his bag. Inv. Carnevale had most of the items out of the bag. Inv. Carnevale took the items that were placed out of the bag and put them back into the bag. After it was concluded that jay jennison bed and belongings were established none of his items were searched. Items that were taken were placed on chair for csi tech felts to take. A folder with papers that included African American studies was found including other papers inside a drawer of his desk. An item an application of Knights of the Ku Klux Klan was found this paper was found, it appeared to be an actual application and not a photo copy. It had no notes or anything describing it as a hand out from a professor. It was a blank application form. I decided to have sgt. Gottlieb look at the paper an i asked that the folder be put back until sgt. Gottlieb looked at it. Sgt. Gottlieb had conducted a search warrant at Edens 2c Rm 203 at Duke University and came to Edens 2c 301. A pearl stud earring had been taken but was put back on the dresser and pointed out to John Jennison and Mr. Ekstrand. The Ku Klux Klan membership paper was found by gottlieb and I discussed with him the context that reade seligmann was taking a class in african american studies. The paper looked to be genuine and was seized. We collected the items seized and went over the items with Mr. Ekstrand and John Jennison. A receipt was given and we cleared from the apartment.

4/19/06 1600 hrs - Contacted DNA Securities, they notified me that there was some new information regarding the tests but they were not definite.

4/20/06 1015hrs - Met with Chris Kennedy senior assistant to Joe Alleva athletic director. Has worked for Duke University for the past five years. Was contacted by sue woselak in reference to the party the lacrosse players had on Wed March 15th . He stated sue had stated that the report did not seem credible, she heard that from the duke police which was relayed from the Durham police. Mr. Kennedy stated that he met with the four captains, Dan Flannery, Matt Zash, David Evans and Bret Thompson. He stated they all told him what happened at the party, that there was underage drinking, and that they had hired two strippers. Zash stated he didn’t even watch that long and went and watched Letterman inside his room with a couple of guys. He stated that the strippers had stopped dancing, and that an argument ensued, he stated that Zash kicked everyone out of the house and locked . _ doors. He stated that the black female tried to come in the back door but it was locked he stated that the two girls were in the vehicle and left and someone yelled something at them and she stopped and the female in the car yelled something like that a “hate crime”. He stated during the meeting he told them they needed legal representation and to call their parents. I asked if any parents had called or if he had spoken to any of the players or parents about the situation. He stated just in the meeting they had on March 25th. He stated that they had decided that they would forfeit two of the games due to the team’s behavior in under age drinking and hiring of the strippers and he stated that the captains also made a statement that stated that it would not be appropriate to play games while the investigation was on going.

4/20/06 1303hrs - Met with Larry Moneta at Station 2. Mr. Moneta stated that he had been with Duke at his position for the past five years. He stated that he was first contacted by sue while he was in Naples, Florida he stated the date of the 25th but after a moment stated his dates were wrong and that he was contacted the 15th by Sue Woselak. He stated that he was informed of the incident but from sue that it was not a credible report from the stand point of the sexual assault accusation. He stated that he told her to notify john burness the senior vice president of community affairs. He stated that he also met with the parents when Mr. Alleva had the meeting with the parents. Mr. Moneta stated he had nothing to add in reference to anything involving this case.

4/21/06 1257hrs - Arrived at DNA Securities in reference to case. Information was not definite, but analysis’s had been done on the fingernails DNA and had come back with a mixture DNA that had been isolated by the y-chromosome.

4/24/06 1157hrs - Mr. Nifong contacted me in reference to the subpoena that was to be given out. I asked that all names be from the lacrosse team be added to those subpoenas.

4/24/06 - 1207hrs Contacted Mr. Moez Mostafa from the website of Better Business Bureau. I called Mr. Mostafa from the phone number listed (919) 493-5050. Mr. Mostafa answered and stated he ran a cab company but would be able to meet with me at around 1300hrs on 4/25/06

1300hrs - Spoke with Mr. Elmostafa, in reference to case. He stated he remembers getting the call at 1214am (973-953-4832) requesting a taxi at Watts and Urban. He stated he was at his place on Chapel Hill Road, he said it took him about five minutes to get to Watts and Urban from where he was at. He noticed the two gentleman standing near the intersection of Watts and Urban. He stated he picked the guys up and a person he named as (Reade) asked to go to the ATM at Wachovia Bank. He stated that he went to the Wachovia Bank and pulled up so (Reade) could get out. He stated that (Reade) was seated In the back passenger seat to the right of him. He stated that he was not sure if Reade got out or if he just went through the window. He stated that Reade got money out and then asked to go to the Cookout restaurant on Hillsborough Road. He stated that they both of the gentleman got a lot of food about seventeen dollars. He stated that at the Cookout he received a call around 12:29 am to pick up some other people at 610 Buchanan. He stated that the food made his car stink. He then stated they asked to back to Edens dorm. He stated he went south on 15-501 and one of the guys asked him why he was taking that route to the dorm. He stated that he was in a hurry to pick up other people. He stated he dropped the guys off at Edens dorm. He stated that he was asked how much the fare was and he told them 18.00 dollars and was given $25.00. He stated that he rushed over to 610 N. Buchanan and he stated the road looked a lot different he stated that there was a bunch of people outside of the house like a party had ended or the house was on fire. He stated that he stopped the his taxi and asked if someone had called a taxi. He stated that he remembers one student saying yeah and to wait a minute, he stated he parked his car and waited, he stated while waiting he saw people on both sides of the road talking to each other. He stated he saw a light skin black female on his right view walking in a rush to the car in front of him and talking back to the student on the house side. He stated that both sets of guys on each side were pointing at her. He stated that he heard one of the guys say “she is going to call the police” another one stated “she just a stripper”. He stated that he realized something was going on and he wanted to leave, he stated he turned his car on and was getting ready to leave. He stated that the female got into a white car and started driving north and she stopped and started backing the car up really fast, he stated he thought she was going to hit his car. He stated that he started to rush the guys because he wanted to go and four guys got inside. He stated he did a three point turn and went south on Buchanan to Main Street one of the student talking in back spoke up and stated they wanted dropped off at the BP station, he stated he dropped them off and charged them five dollars. I had Mr. Elmostafa write what he had stated to me in a written statement. He agreed and wrote a statement stating the same. (see statement).

4/25/06 Victim was harassed by three vehicles (see report 06-0013381). In reference to victim constantly being harassed by the media. I have contacted NC Coalition for Rape. I contacted multiple rape crisis centers and they gave me the information regarding NC Rape Coalition, I contacted a female who stated that she would look into finding a place for the victim. A place was found, victim was taken on 4/26/06.

4/27/06 0936hrs Went to Brian Taylor’s (919-672-0035) residence, myself and Officer Clayton knocked on the door and Mr. Taylor answered. He was there was and he agreed to meet with us at 11:00 at headquarters.

4/28/06 - 0918 Called victim in reference to an earlier sexual assault that she reported at Creedmoor police department. She stated that she was dating Floyd Taylor at the time. She stated that she had ran away from home on previous times and that she had been found hiding at Floyd Taylor’s house after the police came with a search warrant. She stated that she was used by Floyd to sell drugs and take the money to him. She stated that when Floyd was not there some men would come over, Larry James, Anthony James and Sean Umpstead. She stated that she would have sex with them when Floyd was not around. She stated later that the men paid Floyd to come over and have sex with her. She stated that one day Floyd Taylor confronted the victim about the men that were coming over and having sex with her. She stated that she denied it to him and then he brought the three men to the house. She stated in front of her she asked them and they all said that they had been having sex with her. She stated that Floyd grabbed her and they went into the bedroom where she stated three men Mr. Taylor, Anthony James and Larry James “ran the train on her” she stated she was very scared. In her voice I could sense that she was becoming very emotional, she stated that she did tell some of her family members about it and that she went to Duke Hospital about a week after the incident. She stated that Mr. Floyd Taylor stated to her that no one would believe her and she stated that she didn’t think anyone would believe her since she had already had sex with them before. She stated that Floyd Taylor was very abusive and stated that if she ever told he would find her and that she was very afraid of him at the time. She stated years later she met her husband Mr. McNiel who she confided with about the incident. She stated he urged her to go report the incident so that she could have some closure and that she wont keep it a secret. She stated she reported it to the creedmoor police who did an investigation. S he stated that she was told by the investigators that it would be a long process and that at her young age it would be mentally and physically tough and very hard on her. They told her that all three of the men were currently in jail and that were going to be in jail for a significant time. The victim state that Mr. Taylor had been in jail for pushing his grandmother down the stairs which killed her. She stated that when she found out they were currently in jail, she thought she had closure due to the fact that she had let some one know what happened and that they were going to be in jail for a long time she felt satisfied and she did not pursue it further.

4/28/06 1045hrs - Brian Taylor calls my office and stated that he is running that and if he could me with us at 1130hrs, I stated that was fine and he would meet us at head quarters.

4/28/06 1141 hrs Spoke to Brian Taylor dob 12/4/78. 7315 Calibre Park Drive Apt 105. He stated that he met Crystal Mangum through one of his best friend Milton Walton? Or Walker. He stated that he has known her for a couple of years. He sTated during the interview that he received a call from Crystal Mangum around 7:00 in reference to her coming over and getting ready for a show. He agreed and she stopped over at his house with 12 pack of Corona’s long necks. He stated she was fine and her demeanor was like any other time. She was happy that he was able to drive her tonight. He stated that he saw her open a beer and start to drink it while picking out her outfit (815-840). He stated that she asked him for his opinion on the outfit and he didn’t like it. He stated that she put her beer down on the counter and she went into the bathroom to change. The door was closed and locked and he stated that he picked up her beer and had a couple of sips of it and he started to play some of his games while she did her grooming and getting dressed (9-10pm). He stated that she came out of the bathroom and stated that the show was still on and that she was getting directions and the address to the place from the other dancer (10-10:35pm). He stated at 10:40 that she told him that she had to be there at 11:00pm. He stated he left around 10:40 to and told her it was going to be at least 30-35 minutes to get there from his house to the location. He stated she opened a second beer in the car and started drinking it. As he got closer he stated that her cell phone rang a couple times and it was the other dancer stating that if she did not show up the show was going to be canceled. At 11:15 or 11:20 they arrived at the house. Sated a white male approached the car and thanked him. He stated that Crystal got out of the car, he stated that Crystal was fine and completely normal, was comprehensive, walking fine, and he only saw her drink two beers in almost three hours. He stated that he waited for Crystal to go in the house and he drove away and went to a gas station (Fast Fare). He stated that Crystal stated she was going to call him for a ride and that it probably would last two hours. He stated that he never received a call from Crystal until 7am the next morning he stated that he saw that it came from duke medical center and she asked him to go check on her children. He stated that he did not know Crystal’s family and did not feel comfortable going to her parents house to check on her family. He stated that he never went to check on her children.

5/1/06 1604hrs Spoke to Matthew Murchison. Mr. Murchison stated that he has been dating Crystal for the past six years. ****** Mr. Murchison stated he met Crystal at Cormtech a company that made parts for power plants. He stated that he was not told much about what happened with Crystal that night, he stated it made him upset and that Crystal was upset when it was mentioned. He stated that he knew she had tried out at Diamond Girls worked at worked at Platinum in Hillsborough, he stated that he thought she had worked at what thought was called “Satin Dolls” in Garner. I asked questions regarding if she drank any alcohol and he stated that she drinks beer now and then and that he had never known her to use any drugs. When asked if he had any questions, he stated that he knew she was upset about things that have been said in the media. Regarding her wanting to have sex and her portrayal in the media and that she and “nicki” were working together to set the guys up, he also asked if we recovered her dad’s cell phone. After we were done with the interview he stated that she really never mentioned rape that occurred at Creedmoor, but he stated that he read her diary and she had talked about it in her diary, he stated that he came across it while he was going through his room. He got up and stated that he would go get it for us, he came back within two minutes and stated that he could not find it and was looking through some papers. I asked Mr. Murchison if he would mind giving a DNA sample to us. He stated “no” and we drove him to ID’s location on 213 Broadway. Mr. Murchison submitted a buccal swabbing collected by ID. At 1703hrs we left 213 Broadway and I dropped him off at his house on Davinci.

5/2/06 1045hrs - Officer Clayton went to 605 North Driver to try to find Mr. Mcneil. Mr. McNeil was found at the residence and was hesitant about coming to speak with us. He stated that if we were going to run Crystal through the mud he would not talked to us. I spoke with Mr. Mcneil over the phone and stated that were trying to do an investigation and we were not trying to run Crystal through the mud, that we were trying to help her. He stated that he would come in and talk with us. Officer Clayton transported mr. McNeil to district 2 substation. Mr. McNeil stated that he has known Crystal for about 10 years, he stated that he met her at turn key. He stated that he had been working on some cars and met her through a friend. He stated he later asked her out, and they started dating. He stated he was married to her for four years. He stated that she enlisted in the navy and he drove a car from Durham to California to live with her on the base. He stated that due to the new allegations of her making up the rape he stated that he knew something had happened to her in creedmoor, he stated that she always looked like she was looking over her shoulder and that she was scared of her ex-boyfriend. He stated that he used to assure her nothing would happen to her again. He stated that he knew some of the guys that did it to her, he stated “Larry James” and “Shawn”, he stated he thought that they lived near raynor street. He stated that crystal always told the truth to him, he stated that with all these problems that had happened to crystal, she was a very strong girl and very smart. He stated that she had won a contest through a company sumo tumo, and won a prize for an idea she had. He stated he knew she was always going to be looking over her shoulder and scared and thought that they should get out of Durham. He stated that she enlisted in the navy and was stationed in california. He stated that he bought a ragged car and drove all the way to california to live with her. He stated that he told her he could get a job any where and he stated that he did odd jobs and other construction jobs when he got there. He stated that “he fucked up, sometime during the relationship” he stated that he cut up a bunch of her pictures because he didn’t think Crystal was letting him get close to her, that she always had a barrier up. He stated at one point he was supposed to meeting her on the USS Mount Hood, it was an ammunition ship he stated that he went to meet her and everyone came off the ship. He stated that he could not find Crystal anywhere. So he went on the ship and was asking everyone if they had seen Crystal. He stated that two guys were on the shIp and started laughing at him. He walked up to them and asked what was so funny and they stated that he needed to speak to someone else. He stated he spoke to an officer and they brought him down to the chaplin where Crystal was sitting crying. The chaplin stated that they did not think was a good idea that they be around each other for a while. He stated he wanted to speak with Crystal and not with the chaplin, he stated he got up and went to hug Crystal and was restrained by the MP’s. He stated that Crystal started to scream and hide behind the chaplin and he stated he started to struggle with the MP’s and one of them pointed a gun at him. He stated he struggled with them and then left the ship but was stopped by one of the MP’s who asked for his military ID. He stated that he knew he didn’t have to give it to them and left the ship, he stated a couple days later Crystal was escorted by mp’s to their house and he was asked to leave. He stated that he thought Crystal was seeing a white guy on the ship, and a few months later he was divorced. He stated that he has always loved crystal and that he knows she would not make this story up. He stated that she has always told the truth, and he didn’t realize that he was the problem in the relationship. He stated he was never arrested in California for an incident, he stated he does not remember getting a protection order served against him, but he was told not to go by Crystal that she did not want to see him. He stated that he came back to durham shortly afterward. He stated he is not sure why crystal got out of the navy later on.

***** 5/8/06 0908hrs - Contacted Mr. Boehmler, left message on voice mail to call me back.

5/8/06 - 1 130hrs - Spoke with Mr. Nifong, with Ofc. Clayton about his advice on which way he wanted to pursue this investigation. After speaking with Mr. Nifong I met with another Investigator Linwood Wilson he stated that he had found some information on Mr. Mostafa. I stated I would fax information that I had so he could have further information. He stated that Mr. Mostafa had an outstanding warrant that needed to be served. We stated that we could take care of that and he stated if we picked him up, to notify him.

5/8/06 1543- Spoke with Jaime at DNA Securities about what procedures were being done and where they were in there testing. She stated that Dr. Meehan was out of the office and that he would be back Wed, to contact me. She stated that some of the items were still being tested and she would relay the information back to Dr. Meehan.

5/9/06 - Contacted Brent Saeli, in reference to case left voicemail.

5/9/06 1305hrs - Received voicemail from Mr. Boehmler, he stated that he would like for me to call his lawyer Tom Egan (919-624-655?) in reference to his involvement.

5/9/06 - Spoke to Mr. Egan. I asked if he represented Mr. Boehmler and he stated yes. I stated that I needed to get a buccal swabbing, I stated I had not been in contact with him for a couple of weeks and was advised to talk to you about the matter. I stated that Mr. Boehmler was being cooperative and didn’t want his name in the papers. I stated that I know if I had a NTO that the press would get a hold of it and that Mr. Boehmler I did not think wanted that kind of attention. Mr. Egan stated he would try to get a hold of him. I asked if he represented Mr. Saeli, and he stated yes, and I stated that I have talked to him prior and that I needed the same thing from him. He stated he would get back to about both requests.

5/9/06 1155hrs - Received voicemail from Mr. Egan in reference to request. He stated that brent saeli was in Birmingham, Michigan and that Blake Boehmler was possibly in Chicago or Florida and he had not talked to Mr. Boehmler yet.

5/9/06 - Linwood Wilson stopped by the office, I gave him the transportation report, and he stated that when we picked up Mr. Mostafa that he wanted to know, that Mr. Nifong wanted know when we picked him up. I told him that we were planning on doing it on next morning.

5/9/06 1322hrs Spoke to Mark Simeon in reference to Kim Roberts looking at a photo presentation. Mr. Simeon stated that he thought Thursday at 1400 hrs would be fine and that he would call me back in reference to this request.

5/9/06 1433hrs - Spoke to Mr. Egan. Mr. Egan stated that he not been in touch with Blake. I stated to Mr. Egan that if it was going to be voluntarily, then it needed to be done in the next two weeks. I would then move to have a NTO done if they were not going to come in voluntarily. Mr. Egan stated he would relay the information to Mr. Saeli and would contact me back.

5/10/06 1345hrs - Myself and Officer Clayton arrested Mr. Mostafa in reference to a misd. Larceny charge he had (court docket 03cr054965). Myself and Officer Clayton arrived at 1803 Chapel Hill Rd, we knocked on apartment d. No one answered. I then called on time taxi and asked to speak with Mr. Mostafa. The person on the phone stated he had a customer that he was transporting that he would be back in a half hour. I called another number that was on the side of the taxi and spoke to the same person that was on the phone. He stated that Mr. Mostafa was N. Raleigh and would call me back I left my phone number and within five minutes received a call from Mr. Mostafa. Mr. Mostafa asked what I needed andIi asked where he was he stated that he was at 1803 Chapel Hill rd and I stated I was 1803 Chapel Hill Rd and I didn’t see him. He stated he was just down the road and that he would meet us there. He pulled up in his taxi cab, and got out and started walking toward us. I told him that we had a little problem that. We Needed to take care of. I stated that that we had a warrant for His arrest. I showed him the warrant, his name had been spelled wrong as Moaceldin Ahmad Elmostafa, dob 1/5/68, ssn XXXXXXXXX. He stated that it was not for him. I verified his dob, his ssn, and his name, I stated minus the c and put a z that would be his name with everything else being correct. He asked what it was for and I stated that it was a misd. Larceny warrant that it stated that he stole, 5 pocketbooks from Hects department store and that John Massey was the complainant in the warrant. I stated that we would bring him to the magistrates office. Officer Clayton arrested him and placed handcuffs behind his back and put him in the police car. We started to back up and we asked him if he wanted to talk to his partner who had pulled in prior. He stated yes, the window was rolled down and Mr. Elmostafa stated something in which I thought was Arabic, but it was in a different language. We then transported him down to the MO, on the way there was discussion about his warrant. He stated something to the effect that he had picked something up, and I stated well if someone had just stole something from Hects and you picked him or her up that’s where the security guard might have seen you and thought you were apart of the crime. Mr. Elmostafa was taken to the magistrates office and officer clayton served the warrant and the magistrate gave him a $700 dollar bond.

5/11/06 1400hrs - Schedule meeting with Kim Pittman, showed her the same power point presentation. Officer Clayton did hand written notes on the presentation. CSI ashby videotaped the presentation while I conducted the presentation with a monitor and a laptop computer hooked together so they both showed the same image as the other one at the same time. Ashby recorded the time and notified me when a minute time period had passed. I read instructions to ms. Pittman and she stated she understood them before I started the presentation. (see instructions).

5/12/06 - Went to DNA Securities and spoke to Dr.

5/15/06 1000 - Went to Courthouse on Grand Jury, gave probable cause for indictment of David Evans.

5/15/06 - Arrested David Evans at the Magistrates office. David Evans seemed calm and did not appear nervous. He was polite and answered all booking questions except when it came to phone numbers and his assistant attorney gave a number for us to reach him at (475-4567). Mr. Evans had a 400,000 dollar check from Suntrust that he put up for bond.