Sunday, July 08, 2007

Inv. Ben Himan’s Typed Notes, Part 3 (May 15, 2006 - January 12, 2007)

5/22/06 1215hrs - Spoke to Angela at National Medical Center. Stated that her company could not do the test. She stated that it would be slim to none chance of finding a one time use drug. She stated that their testing was more for chronic usage.

5/22/06 1236 - Spoke with Lincoln at Labcorp. Sales person will call and set up an account and advise on prices.

5/22/06 1309hrs - Called Mrs. Ekstrand to set up appointment for her to get John Ross’s computer back.

5/23/06 1406hrs - Released computer of John Ross to Samantha Ekstrand.

5/24/06 1415hrs - Sspoke to Nifong in reference to court order of cell phone.

5/24/06 - 1419 EIS Johnson tested phone to see if charger would work, phone was put back into property.

5/24/06 - 1459 Called US Drug Testing and spoke to Douglas Lewis left voice mail to call back.

5/24/06 1509hrs - Received voice mail from Doug Lewis and called him back. Talked about prices included 495 per specimen and $250 litigation packaged and 1500 dollar a day expert testimony price.

5/30/06 1500hrs - Spoke to victim, victim stated she was leaving her group home that she had been staying at and went to live where she used to live. She stated she wanted to live in her own house where her kids could play.

5/31/06 - Received subpoenas from Candy Clark in reference to key card access.

6/12/06 - 1716hrs went to Davinci Street collected phone records from victim.

6/13/06 1423 hrs Signed item 28 cell phone and cosmetic bag out of property.

1426hrs Went into forensics lab package was opened.

1429 Phone was plugged in and started charging.

6/14/06 0923hrs - Had interview with Mariecia Smith and her lawyer Beth Fleishman. Ms. Smith stated that the victim came in Officer Barfields car she stated that she met her out in the parking lot and Officer Barfield did not know who he had in his back seat he stated to her because she was non-responsive. S he stated that she introduced herself to the victim and asked her to get out of the car. She stated that she appeared nervous and was shaking. She stated to the Ms. Smith that she called herself “honey”. She stated that she did not want to go jail, Ms. Smith stated that this was the Durham Crisis Center. She stated she was wearing red dress/ something white over that and one white high heel. She grabbed her and started crying. She stated that they sat her down inside in the assessment room. Once inside the assessment room the door was shut and she stated to the nurse that she was raped. She stated that she was not speaking but she started to write the names of her children down on a piece of paper. Ms. Smith stated that she stated she found out that the children were 5 or 6 years old and it appeared as though they were home alone. Ms. Smith stated that she told Officer Barfield who called on his radio to check on the children. Ms. Smith stated the nurses name was Alycia Wright and the security guard from Waken but was Gerry Wilkes. Ms. Smith stated once she stated she was raped that the proper place for her to go was Duke Hospital. She stated that no paper work was done on her and the only record they would have would be the log book which she stated she put the name down and what time she came in at. She stated that she thought it was a 2:01 am on 3/14/06. She stated that the name she put down was the name than an officer gave her. She stated that Crystal Mangum she thought was the name, but she was not for sure. She stated that at that time, they decided the best for her was to go to Duke. She stated that to her that "she dis not any men touching her", she state that Officer Sutton and Officer Barfield were present and Officer Stewart asked that we not ask any more probing questions. Ms. Smith asked the victim if Officer Barfield had touched her and she stated no, she stated would she be comfortable if Officer Barfield transported her. Ms. Smith stated she remembered the victim stating "asking not to hurt her" and asked Officer Barfield if he would stay with her' She stated this when it was agreed that she got to the hospital. Ms. Smith stated at first she did not want to go and she stated "no, no, no," that she was talking about her children and that was a big concern of her. Ms. Smith stated they escorted her back to the police car and put her in Officer Barfield's patrol car in the back seat.

I asked if she remember talking about the incident. She stated that the victim had an wrote Brian had - set it up - and that she worked for Angels escort. She stated that she noticed a white streak on her arm, she did not know what it was but it was on her left arm, she stated in the end she was crying and stated that someone took her mony that she needed that money to feed her kids. Ms. Smith stated that she did not smell a strong odor, but she did smell alcohol on the victim's breath. Ms. Smith stated that she was was there for 15 minutes, and she stated one of the officers came back and had run her name through the system and that he had told one of the officers that she did not have a history of prostitution. She stated that money was not mentioned until after she started talking about the rape. She stated after she spoke about the rape and that it was best to go to Duke Hospital, and after she spoke about her children, she near the end of her time at the Durham Access Center then she mentioned $400 dollars being taken and $1000 was in Barfield's car. I asked Ms. Smith what training she has had and she stated she has worked in the Durham Access center since Dec 17 of 2004 and prior to that she had worked for Child Protective Services and she had her Master's degree in Social work.

The interview ended at 959hrs.

6/14/06 1252 HRS - Cell Phone was taken from forensics lab and plugged into community room outlet, it was plugged in the community room so access could be made by defense expert.

Defense Expert and Mr. Osborn came into community room where the meeting was set up for. When Mr. Osborn came into the office. When they first came in I smelled a distinct odor, the odor was consistent to the odor of an alcoholic beverage. I first looked around the area where I started smelling that odor. I was trying to see if any chemicals had been opened and I was trying to find the location of where that odor was coming from. There was a disagreement of how the information was going to be disseminated. I called DA's office to make sure I had been told correctly how and what information was going to be given out. I spoke with Candy Clark who stated that Mr. Nifong was in a meeting and would call back once he was out. A short time later I called back and he advised me and stated that it would go to the court and the Judge would decide who would get what. I then handed the phone to Mr. Osborn where there was a short discussion. I stated after the records were recorded that I would seal them into envelopes in front of Mr. Osborn and send them to the Court for review. While this was going on I continued to smell a strong odor of an alcoholic beverage. Mr. Osborn and the defense expert decided to have a quick meeting out of our presence and went outside the community room. The odor still resonated from the area where the expert had been, as I had not noticed the odor from Mr. Osborn. The expert and Mr. Osborn came back and the expert started to look at the phone. The records were done and as I was sealing the document at or around 1408hrs I smelled a strong odor of an alcoholic beverage coming from the defense expert. Mr. Johnson - Durham’s computer forensic examiner advised me that the expert had copied the number from the cell phone and put it in his notes. I was close to the defense expert and asked if he had recorded any information from the phone onto his notes, including the phone number. He stated he had. I advised them both that according to my instructions no one was to leave with any information from the phone that was going to be for court review. He re-wrote his notes excluding the phone number. It was very apparent after speaking to the defense expert that the odor was in fact coming from him. The defense expert appeared fine, was not shaking he was breathing normally and seemed to be in alert normal stated of mind. He was asked when he first came in if he needed something to drink by Mr. Johnson. Mr. Osborn and the defense expert both declined. The defense expert and Mr. Osborn left. I asked Officer Clayton if he had smelled the same odor, he agreed and stated that the odor seemed like it was very strong and coming from the defense expert. I asked Mr. Johnson if he had smelled the same odor and he stated he smelled the same odor stated that it was definitely coming from the defense expert. The cell phone was put back in the forensics room.

6/14/06 1333hrs - Expert started to look at the phone.

6/20/06 1316hrs - Meeting at HQ for Mr. Cotter and representatives to look at evidence. Multiple items were looked at and examined by their forensics expert. Bill Hensley of WEH Forensics, and W. Allison Blackman of BDS Blackman detective services.

6/26/06 1334hrs - Reed Huegerich 8/19/82 a para legal for Mr. Osborn. Mr. Osborn made arrangements with me to get a copy of an item that was seized. The item was KKK membership papers. I copied the paper and gave a folder and copy of the item to Reed Huegerich.

[10/20/2006 08:22. Himan, 447, DPD] 7/18/06 1212hrs - Picked up phone from Ryan Johnson’s computer forensics lab and put it in property.

7/18/06 1430hrs - Lawyers from case arrived to look at property and court files. File from CSI Ashby was given to all lawyers.

8/8/06 - Called both numbers for 490-0444, 846-0219 (0291), called Angels Escort Service spoke to a female who stated she was "tammy”. I asked if we could set up an appointment to get a statement. She stated that she had already told me everything that she was not there. I stated that there is some information that I have received that someone called later and spoke with you. She they she can hardly remember and that she wishes we would have got a statement back when it happened. I stated to her that I tried meeting with her and asked for a statement when I first talked to her, I reminded her the last time I talked to her, I asked simple information like, name, date of birth, she wouldn’t give me any information. She became upset on the phone and stated that she would give me information and asked for my number, office number was given.

9/20/06 - Received audio tape and synopsis of city council meeting, from Capt. Lamb who received it from city clerk

9/20/06 - 1221 Received credit card transactions from Cosmic Cantina.

9/26/06 - 1355hrs Envelope was in office from communications, elizabeth poole. Regarding calls for service in reference to 610 N. Buchanan, 1107 Urban, 203 Watts.

9/27/06 1518hrs - Arrived at Holly Hill hospital.

1520hrs- Gave court order to Pearl Cheek, verified through id card.

9/28/06 1338hrs - Court order given to Sheena Ford, of UNC hospitals.

9/28/06 1630hrs - Arrived at 2815 W. Pettigrew Street (Duke Hospital records) gave court order to Pat

[12/13/2006 17:06, Himan, 447, DPD)] 10/12/06 - Went to the Platinum Club in Hillsborough, NC with Inv. L. Wilson and Sgt. Gottlieb, owner was not there two male workers were there and gave phone number to Inv. L. Wilson.

10/17/06 - 1256hrs - Picked up victim from NCCU.

1315hrs - Watched sixty minutes clip of video with Crystal Mangum of “dance scene”. Crystal Mangum believes that was the last weekend in February. The boots that are shown in the video were white stilettos she bought at Pricilla’s two days before she danced in that video. She believes it was on a Tuesday that she bought them and she believes the video of the 60 minutes dance was on a Thursday. She stated she danced twice in those boots. She stated she never danced in the boots after the rape and the video was before the rape. On March 25th she stated she was wearing light green outfit with flowers on it and matching bra and panties and she did not strip on 3/25/06.

10/13/06- Inv. Wilson and I met with Victor Olatoye at the DA’s office. We showed Mr. Olatoye the sixty minutes video. Mr. Olatoye signed an affidavit to his knowledge of the sixty minutes video tape and knowledge of Crystal Mangum. (see affidavit)

10/23/06 - Picked up item 10 from property.

10/23/06 - 1043hrs - Spoke to Andrew Rosen (ASR Data) about item 10.

10/23/06 - 1318hrs Fed ex item number 10.

10/30/06 - 0939hrs - Met with Sara Beth Falcon dob 10/12/74. She was working for Duke Police on March 14 when the victim came in to Duke Hospital. She stated that she had just recently been released from field training and was working the ER. She stated Officer Day was the officer in charge. She stated that when the victim came in she was asked to comfort the victim in the triage room, she was crying and visibly shaking and she did not want any males in the room with her. She stated she did not ask any questions and that she was in the triage room for about 10 minutes. She stated Crystal Mangum has said that her girlfriend had taken her phone and purse and that Crystal Mangum did not want any males in the room with her. There was a triage nurse who was male that was asking the victim questions and Crystal did not want him in the room, so the staff asked for a female nurse to take over the duties. She stated that the Victim’s clothes were in disarray-messed up not dirty. Her make up was running because she was crying. Ms. Falcon stated she did not smell any odor of alcohol coming from Crystal Mangum. Ms. Falcon stated she never smelled alcohol coming from her at any point during the night. She stated that Lt. Best and a Sgt. were called in and other people were also called. She didn’t ask why but thought it was weird that they were calling people in. She stated she thought major schwab was called in. She stated that during her time with the victim Durham Police Sgt. kept going in and out of the room and stated “Ii have to conduct an investigation” at one point he asked her to leave the room, and he was inside the room alone with Crystal Mangum. That happened once, and after he left the room, he said loudly so everyone that was around heard him say “I think she is lying”. She stated that during the time all of the supervisors met out in the loading dock and had a meeting. She does not know what the meeting involved. She was never asked to write a report until her supervisor Lt. Best asked her to complete it a couple weeks later. Her last day of work at Duke was Aug 3 2006.

10/24/06 - 1510hrs Inv. Wilson called me and stated that “Fats” later to be identified as Hayden Patrick Thomas had called and stated that he would be coming to the DA’s office to show the DVD. He had previously told Inv. Wilson that he didn’t want anybody else except Inv. Wilson, that he just wanted to speak with him. Around 1700hrs Hayden Patrick Thomas arrived, he spoke with Inv. Wilson in the conference room “Fats” had another person who went by the name of “Black”, come in with him. Both acted very nervous when I came in the conference room about twenty minutes later. They had brought there own DVD player and a blue box that contained papers and the DVD. “Fats” kept getting calls from someone and leaving the room. They put the DVD in the player and it was hooked up to the TV. “Fats” started to narrate the video, and it showed images of black males that appeared to be drinking. From the video that I saw, it showed a date flash of 3/25/06 onto a black screen. The date appeared on a black screen and the video altogether seemed to have been edited. It never through out the video ever show a time. “Fats” or “Black” fast forwarded to where it appears they are going to the Platinum Club. It then shows the dance club and I see an image of “Fats” in a suit. They played the DVD near the dance scene from 60 minutes that had aired on 10/15/06. After the dance they shut the DVD player of. Inv. Wilson and I asked if we could show the DVD to Crystal Mangum and he stated “no”. We were not allowed to look at it further or make any copies of it.

10/30/06 -1515hrs Picked up SBI discovery from the SBI lab.

11/2/06 0927hrs - Spoke with William Mazurek dob 6/2/79. Started work at Chatham County Sheriffs Office on July11, 2006. Started at Duke Feb 2004. He along with OfficerDay were officer in charge. He was 740 and Officer Day was 741. His supervisor for the day was Lt. Best. Victim was brought into the hospital and was crying- he stated it was almost not real (possibly faking) was not sure. He stated at no point did he smell any alcohol on her, he did state she seemed like she was in a daze; however he stated he has never seen a rape victim before. When looking at the victim he noticed her clothes were ripped. Two laces on her Shirt were broke. He never asked the victim any questions; sara falcon was designated to be with the victim in the family conference room.

Officer Chris Day, Officer Eason and Officer Falcon were working that day. He stated during the initial investigation. Sgt. or detective was seen talking on the loading dock in the hospital be described the Sgt. or detective as tall and with reddish hair, but he did notice chevrons on his collar and assumed he was the Sgt. He stated that the Sgt. was on the phone and on the radio speaking with officers and his Lt for about twenty minutes.

11/2/06 1105hrs - Went to 119 E. Main street spoke with Mr. Thomas. Inv. Wilson and I went to inquire about a DVD that we had seen. The scene was very short about 5 to 6 seconds of the footage from the episode from sixty minutes had aired. Mr. Bill Thomas asked what were wanted to know, we told him that we wanted to inquire about the information that he had seen and information that had been reported in the Herald Sun. Inv. Wilson advised him we were here on official business and that that we wanted talk to him, because he had made himself a witness. A discussion ensued, and “Butch” Williams came from an office and asked us to come in to discuss the case in the office. In the office details were given to where why Hayden Thomas had made the DVD and what was shown on it. It was discussed about who was on it, the band. We told them that the video that was shown to us was not able to be analyzed by us. That the two individuals,”Fats” and “Black” came up, were extremely nervous when I walked in the room to the look at the DVD. That there was no times stamp that it was date stamped, and that it appeared that it had been edited, I again told them, I was not able to look at the video that it was fast forwarded to the sixty minute’s section. Shown and then shut off. “Fats” made statements that we couldn’t show it to anyone, and there was no way for us to show it to Crystal.
A reference to the case of where the truth was in the case, and that it didn’t look like we were looking for the truth only to plug holes. I advised them, that since the very beginning I have been trying to get cooperation and the truth from any one involved in this case. I stated I have not received that cooperation and that everyone is being represented by a lawyer, and not many people have been willing to talk with me. I advised them that I have not received any calls from the lacrosse players or willing to discuss any thing about this case or the details of that night. Mr. Williams stated that it was my job to find this information out. I advised him that if there is information that he knows about or has information of who I should speak to then I am willing and want to be notified. I advised him that many people do not want to be involved in this case, and probably are more willing to talk to you (Mr. Williams) than me. I stated that I can only present evidence that is reported to me and that I discover. That I have never been called by any oF the lawyers except for two, which were willing to give me information regarding this case Mrs. Ekstrand and Michael Young’s attorney. I advised them that they notified me and sent paper work of alibis but when asked to talk with these players about any information regarding that night, I was told that they didn’t have any information. I stated that there has been a wall of silence and that I would look at all information that someone has to offer. Both Mr. Williams and Mr. Thomas were advised that this conversation/interview would be going into my notes.

The advised me of a name that I should probably go talk to. The name “Van hook” was given to me, I inquired if this was the person that Crystal went to at the Millennium Hotel driven to by Jariel Johnson. They implied that Crystal was paid to have sex with “Van hook”. I told them that was the first time I had heard of that information. They also hinted to a dance club in Fayetteville, that Crystal was supposed to have danced at. They both stated that there were numerous people at the Platinum Club that would verify Crystal was the Platinum on the 25th of March_ Both Mr. Williams and Mr. Thomas were advised that this conversation/interview would be going into my notes. I gave Mr. Thomas my number for him to call me if he needed to contact me about anything further and if he had any new information.

11/4/06 1342hrs - Inv. Wilson and I spoke with Victor from the Platinum Club, he showed us documents from the Platinum Club of the dates and procedures that he does to sign in the dancers.

11/6/06 - 1326hrs - Went to the Millennium Hotel and inquired about a person of the last name of Van hook that stayed there during the month of march. The hotel staff looked up the last name and found that there was a person that stayed there on March 11, 2006. They told me that if I needed anything further, that I needed to talk to the general manager. Spoke with David Truesdale (382-5002); he stated that the legal department with the company would need a subpoena for any records that would be given out. He gave me his business card and we left the hotel.

11/6/06 - 1515hrs Inv. Wilson and I spoke with Jariel Johnson. I asked him if he had looked at the video from sixty minutes and it was played for him. He is not sure but does not think that was March 25th, he stated the room was packed with people and in the video there are empty chairs. When asked about March 25th he stated he knew it was an album review party, Big Delph. He does not know if she danced on 23, 24 he does not recall. When asked if she ever had any problems at the Platinum Club she stated he did see her get attacked by a white girl there, she was swinging her shoes at Crystal, he said he was the primary drive for her but he stated that he does know Brian Taylor to driver her to. He stated he does not know her to take any drugs and has seen her intoxicated once. He stated it was at the Crazy Horse in Garner in 2005 and he thinks it was in September, he drove her there. I asked him if he knew the name of Van hook. He stated he does not know the name of Van hook but has heard the name before. I asked if it could be the guy she met at the Millennium he stated that thinks it might be the guy she met from Millennium. When asked about when he found out about the incident, she called him and told him something happened. She was hesitant on the phone and did not want to talk about it. He asked her again what happened and she told him that she didn’t want to talk about it and that she got robbed. She asked him not to ask about it. He stated he learned about the rape on March 25th. She told him that Brett, Adam and Matt raped her. He stated that he has known her for four years and when he found out about the sexual assault on the March 25th he left a voice mail on her phone. He then asked her about the rape she told him about the three guys and asked him not to bring it up to her. He wanted to know how she was; she said “I’m fine”. He stated he always knew her to be upbeat and since then it seemed like “she lost her world”. He stated it has not been the same Crystal, very down, not the same person.

11/7/06 - 1526hrs - Served subpoena on millennium hotel and gave copy to Mr. Truesdale. Mr. Truesdale gave me the records that his company had and stated that the sign in registration card could be picked up the following day.

11/8/06 - Received phone call from Mr. Truesdale stating that the paperwork was ready.

11/8/06 1203hrs - Picked up copy of registration card that was signed by Josephus Van hook.

11/9/06 - Went to Mr. Van hook’s address located at 5202 Greensboro rd. I spoke to his father who stated that he was in Durham. Driving a truck. He gave us his phone number and Inv. Wilson called him. Mr. Van hook agreed to meet us at the Wal-mart parking lot across from Outback steak house on 15/501. We met him there around 12:00 pm. We told Him we had been given information about him staying at a hotel. Mr. Van hook asked what hotel. I asked if he stayed at the Millennium Hotel in Durham in March. He stated that he stayed at that hotel in March. I asked if he stayed there on March 11, 2006 he stated he thinks so. He asked what this was about and we stated that we were inquiring about a girl that visited his room. He stated “yes”, I asked if he knew who she was and he stated “no”. I asked if he had called an escort agency to have a girl sent there. He stated “yes” but does not know who he called and he stated he did not give his full name. He asked where we got his name, he was told that lawyers had given us your name and that you would give us information on what happened that night. It was implied by an attorney that there was more than a dance that had happened at the hotel. I asked him if he had sex with the girl and he stated “no”. He then stated “I don’t know what the intention was, but I did not have sex with her, “nothing happened”. He asked what had happened and I told him that I was investigating the a sexual assault. And it was told to him it had to deal with “Duke lacrosse” and he stated he was familiar with the case, but asked if that was the same girl that was the victim in that case. We said we were given information that she had been to the hotel that night and performed a dance. We did not know where your name had come from by the lawyers, or how they got your name. I told him that I had never been told how they got it. I asked if he had given any statements or affidavits to any one about that night. He stated “no”. Mr. Van hook started talking about maybe getting a lawyer since he is now involved in this case. Inv. Wilson asked who his lawyer was. He stated Mr. Williams. ‘Inv. Wilson asked if he had been in contact with you about this incident and he stated “no”. Inv. Wilson stated that Mr. Williams was one of the lawyers that had asked us to inquire about your activities. He was shocked that Mr. Williams had told us about him and stated that Mr. Williams had represented him another incident and some speeding tickets. He stated he really didn’t want to be involved in this any further. I gave him my business card and a number to contact me if he had any further information. Inv. Wilson advised him to call Mr. Williams and ask him why he told us about him.

11/9/06 - 1554hrs - Contacted Mr. Van hook to ask to write a statement to what he had told me earlier. He stated that he had to get someone else involved and stated he would contact me later. He later called and stated that he was going to be represented by lawyer Jimmy Sharp and he had a meeting scheduled for Monday and would have the lawyer contact me.

11/16/06 1217hrs - Spoke with Jariel Johnson, asked him about the dates 3/11/06, when he had previously reported that he drove her to the Platinum Club. I asked him if he recalled her being dragged out to the car by a couple of people. He stated “no”. He stated that is not true and she was fine that night and walked out on her own. I asked him if he noticed any scratches or marks on her that night or any previous night he stated “no”.

11 /16/06 1411 hrs- Went to Yolanda’s Haynes residence. She invited me and Inv. Wilson inside the apartment. She started talking about why she first went to the media. She stated that she saw what “Fats” was saying and “didn’t want him doing her like that” lying and making her look bad. She said “Fats” never even spoke to that girl. He was always up in the DJj booth and was always “sweating’ the pretty girls. She stated that “Fats” never paid any attention to Precious. She stated that she remembers watching the Nancy Grace show and trying to call in about one of the episodes. She couldn’t get through so she called the Herald Sun; she stated she called to set the record straight about “Fats”. In reference to the news article stated that she was dragged out in the parking lot, she is not sure what date it is. She Thought it was the 11th of March, but when we told her it was a Saturday she stated that couldn’t be the date, because she knows it was not a weekend. She says she thinks it was the 8th of March. She stated she never told the Herald Sun that they dragged her through the parking lot. She stated that they had found Crystal passed out with her clothes off in the bathroom, she said they picked her up and was bringing her out to her boyfriend’s vehicle (burgundy jeep). While bringing her out they dropped her, but they never dragged her through the parking lot. She stated that she never saw any scratches are marks on her from that night or any day after that. I asked if she knew Crystal to drink or do drugs. She said she never saw her drink and she was the main bartender there and she knows she didn’t do drugs. When asked how she knew this, she stated that she used to complain about the girls (Passion and Tickles) that used to sniff powder (cocaine) in the dressing room. She didn’t think she was on any drugs but she did think she might have mental problems. The only drugs she has ever seen her take is Vivaria (over the counter caffeine pill). When asked the last time she saw her, she stated that it was March 25th. She stated that Crystal (Precious) did have some problems with the girls there and that they picked on her a lot. She stated a lot had to do with her telling on them about the drugs. She said “Passion” actually got into a fight with Crystal Mangum (Precious) and hit her head with a shoe, because “Precious” was dancing for her boyfriend. She believes it might have been on March 24th. She does remember one of the nights Crystal hadn’t paid a tip out, and when she went to collect the money, Crystal had not made any money that night and Victor said it was ok for her not to pay the tip out. On March 25th she thinks Crystal was wearing the white boots. When asked about “Fats” she stated he is a criminal and a liar. She stated that he was good with computers and runs a website. She continued is saying that he is a habitual liar, a thief and is always doing criminal things. She stated the problem with him is that he believes his lies. “He is a wannabe pimp and wannabe drug dealer”. She stated that his girlfriend is “Sweet Cream” and “Fats” pimps her out. She stated that he had tried to pimp Crystal out and that she went out with him to a party and he brought her back within minutes and stated “that bitch aint trying to make any money”. Yolanda Haynes came to the court house and signed an affidavit stating the same that she had told us.

11/21/06 - Called Glen Bachman in reference to interview of Ryan Mcfadyen.

12/5/06 - 01100hrs - Received a voice mail from Brad Bannon that was date 12/4/06.

1634hrs. He wanted to know about a good time to look at the evidence. He stated a date of 12/12/06.

12/6/06 - I checked dates with ID-10, she was not available. She gave me the date of 1/11/06. I called Mr. Bannon back and gave him that date. He stated that he couldn’t wait that long. I told him I would see what I could do and get back to him.

12/7/06 1513hrs - Spoke to Angel Altmon, security guard for Old Dominion. S he gave me her address and contact number. She stated she has been working for Old Dominion for about a year and two months. She stated that her regular shift is 3pm to 1am. She stated that on March 13 and 14 she was working the 3pm to 1am shift. She stated that a woman came in and stated “maam I need help is there a police officer” she stated that the female who she now knows to be “Kim Roberts” stated “I have A young lady in my car, she won't get out and I have already called the police”. Ms. Altmon stated that “Kim Roberts” then stated “I picked her up near campus. She had white shoes on and she saw guys calling her a nigger”. Kim Roberts stated to Ms. Altman that she thought that she would pick her up so she wouldn’t get hurt. Ms. Altmon stated that she had been waiting 15 to 20 minutes after work and when she was approached she was off-duty. She stated that it was about 1:15 or 1:20 she stated that she was there waiting for her Ride. A friend that works there also drives a cab, was giving her a ride. There was no police officer there but and her job requirements involve inside the store and not outside in the parking lot. She stated that she smelled a strong odor of alcohol from that female “Kim Roberts” and went outside to see what was going on. Ms. Altmon looked in the car and noticed a black female; she had her hair over her face. She stated that she went up to her face to see if she was breathing, she was breathing and she did not smell any alcohol. Ms. Altman stated she heard her make noises and she knew something was wrong. She stated she knew she was on something, but she wasn’t drunk. She stated the police arrived about 10 minutes later and they tried to get her out of the car, and she didn’t want to go. Crystal Mangum started to fight the police by saying “no, no no”. She stated that she held on the parking brake and wouldn’t let go of it. She later found out a couple months later that the other girl “Kim Roberts” the driver was the other dancer. She stated that she thought it was weird that the girl (Kim Roberts) that was driving smelled like alcohol and she knew she had been drinking but other girl (Crystal Mangum); she didn’t smell anything on her. When the police got there, they pulled her out and she noticed blood that had gone down her leg. She noticed this when the she stepped out of the car (possibly her right leg). She stated that she also noticed a maxi-pad that was between her legs. When she started putting everything together she stated that she thought to herself that something wasn’t right. She wondered why “Kim Pittman” picked her up and didn’t take her to the hospital or police station. That (Kim Roberts) repeated multiple times to the security guard. “I don’t want her to get in trouble”. Ms. AlTmon stated that her boss had told her not to talk to the media or make any statements. She stated that male claiming to be a retired officer (possibly a private investigator) came and wanted to talk to her, she asked for some identification and he showed her a business card, she stated that anyone could make those things and told him that they could go to a police station. The PI never came back. Ms. Almon stated that the whole situation was weird from the beginning. She stated she when she looks at it she stated “she’s drunk (Kim) and she’s not drunk (victim). Something is wrong with this girl. She never heard (Crystal Mangum) victim make any statements just noises and said a name over and over, she thought it started with a t, but she was not able to think of what the name she was saying. I gave Ms. AlTmon my number and told her to call me if any new information she remembered.

12/11/06 - Called mr. Bannon back and spoke to him reference scheduled meeting to look at evidence. I told him that I checked with Ange Ashby and the date 1/11/06 was open, due to the fact that she was in federal court one week. Mandatory classes the next week, and the following week was the holiday season where part of the staff and herself included would be off. We scheduled a tentative date for 1/11/06 and he stated we would get a time set on 12/15/06 (next court session)

[01/22/2007 14:34, himan, 447, dpd] 12/22/06 - 11:30hrs Received call from mr. Nifong advising me that inv. Linwood wilson had interviewed crystal mangum on the 12/21/06. That interview entailed a conversation in which she could not be 100% certain a penis was put into her vagina. Due to that information Mr. Nifong was dropping the rape charge. I informed my chain of command of the information by contacting my supervisor Sgt. Evans.

12/22/06 - Called Investigator Wilson received voice mail. Later received a call from Inv. Wilson. He had already left on vacation and would advise me of the interview he had the following week when he was back in Durham.

1/2/07 - Spoke to Inv. Wilson regarding his interview with Crystal Mangum. It was discussed that Inv. Wilson. myself and possibly Sgt. Gottlieb should sit down and re-interview the victim regarding the information that she had told Inv. Wilson.

1/5/07 - Contacted SANE Nurse Levicy in reference to setting up an interview. Left voice mail was called back and was given dates she would be available. 1/10/07 was set up at 1630hrs as the time and date of the interview. Inv. Wilson gave her directions to the DA’s office.

1/10/07 - Called ASR date left message for Andrew Rosen to call back reference computer.

1/10/07 1638hrs - SANE Nurse Levicy arrived and was brought into the conference room. She first started out with some misconceptions that have been brought up regarding some of the information that was brought up through the defense or media. She gave the reasoning to why she had sane nurse in training on some of her documents. She explained that she put that on the documents due to the fact she had not received her certificate in the mail before this date. However she explained that when she got home from work she found in her mail that she received her certificate. She showed me and Inv. Wilson the envelope that it came in. The certificate was dated March 2. 2006.

Ms. Levicy stated that she arrived to work just before 0700hrs on 3/14/06; she stated that she started to Went into the sane room to make sure everything was fully stocked. She stated that she was told that the police had brought in a dancer that had been raped. Ms. Levicy stated that Crystal Mangum was in the fast track hallway in a room by herself. Ms. Levicy made sure that rape crisis had been called and they were already there. She does not remember the name of the male that arrived but he was short, white, light hair and glasses he had not gone and spoke to Crystal Mangum. Ms. Levicy went in the room where Crystal Mangum was located. Ms. Levicy stated that Crystal Mangum was on a stretcher and sleeping. When she first saw her she seemed sleepy and drowsy. The male from rape crisis went in the room with her and Crystal Mangum seemed uncomfortable with the male from rape crisis being there. Crystal Mangum started screaming when Ms. Levicy left the room. Ms. Levicy stated the male from rape crisis understood and called to have a female come in for crystal mangum. A woman named Amy, possibly Amy Wilkinson from rape crisis arrived shortly thereafter. Ms. Levicy stated that Amy would be able to tell us who the male was. Ms. Levicy stated that she checked to see if a police report had been taken and it was verified by a tall white police officer that a police report had been taken, unknown if it was a duke police or durham police.

Crystal Mangum was then brought back to the sane room. Ms. Levicy noticed that ms. Mangum was articulate and spoke clearly when she was responding to questions.

Ms. Levity stated that at no point did she ever smell any odor of alcohol nor did she ever see signs of impairment or intoxication. Investigator Wilson had asked why there was no toxicology reports conducted. She stated that no doctor or she thought she should have been screened. She stated that the hospital can only screen for drugs like marijuana, cocaine and other drugs and is very limited, she stated that it also tests for alcohol. She saw no signs of intoxication or impairment. Ms. Levicy stated that Crystal Mangum could figure things out and she was alert when she started asking questions, she was able to tell what time she arrived at the hospital alert of the time and places she was (she gave the address to where she had danced 610 Buchannan Blvd). Ms. Levicy stated that her emotions went from quiet, to crying to sad but she was always able to articulate to Ms. Levicy what she was saying clearly. Ms. Levicy stated that when she first started some questions to Crystal Mangum, Ms. Mangum complained of pain in her lower regions of her body. Ms. Levicy stated that she explained the procedures and how long the procedures can take. Ms. Levicy stated Crystal Mangum signed a written consent to having the procedures done. Ms. Levicy asked her what happened and Ms. Mangum was confused and was not sure if it was the Durham police or Raleigh police that brought her to the hospital. Ms. Levicy stated she asked if condoms were used and Ms. Mangum said “no” but was unsure. Ms. Levicy stated that in her experience and training victims can never be sure if condoms are used because if the victim can not see them. Then how would you know. Sometimes victims can’t feel them so you have to realize there is always the possibility that a condom could have been used. Ms. Levicy stated that Crystal Mangum was unsure about ejaculation except in her mouth and was not sure if they ejaculated in her anus or vagina. Ms. Levicy stated that she wasn’t surprised when she heard no DNA was found because rape is not about passion or ejaculation but about power.

Ms. Levicy brought up the rape kit and pubic hair combings. Ms. Levicy stated that Crystal Mangum was completely shaved in the pubic region and that was the reason no pubic hair was found. She stated that she decided to comb anyway due to the fact that something might have been picked up with the combing. Ms. Levicy stated that Crystal Mangum said they wiped her with a rag in the bathroom. Ms. Levicy stated that Crystal Mangum was unsure who had it. I asked Ms. Levicy if she ever saw a maxi-pad on Ms. Mangum. Ms. Levicy stated that she never saw a maxi pad. It was brought up due to the security guard from Kroger seeing it on the victim (Crystal Mangum).

Ms. Levicy stated she went over the procedures with Crystal Mangum, she stated that she usually starts with the least invasive procedure i.e. mouth swabbing. Regarding the swabbings, Ms. Levicy stated that she had Dr. Manly conduct the swabbing while Ms. Levicy observed and made sure it was done correctly. Ms. Levicy stated Dr. Manly did a head to toe exam of crystal Mangum during the exam she noted the pain and tenderness that was put in the report. Ms. Levicy stated that Dr. Manly also inserted the speculum into Crystal Mangum’s vagina. Ms. Levicy stated she observed this and noticed during the exam Ms. Mangum gripping the table and showing pain. All consistent to what Crystal Mangum was telling them what happened Ms. Levicy also explained regarding her exam and notes on the medical history form step 10 - page 1 under section d. Pelvic subsection b. Vagina: it is noted in writing "diffuse edema of the vaginal walls” Ms. Levicy stated that was written by Dr. Manly and is not a forensic finding since . It is what Dr. Manly observed and noted. It was decided by both Dr. Manly and Ms. Levicy not continue with exam with the speculum due to the extreme pain Crystal Mangum was going through. Normally pictures would have been taken and other precedures done. Ms. Levicy stated that she remembers getting called at home by either Inv. Himan or Inv. Gottlieb and she remembers telling them that if they subpoena her records that her findings were “consistent with a sexual assauh” and when she was interviewed by Sgt. Gottlieb on March 21, 2006 that she told him that her finding were “consistent with a sexual assault”. She stated that she remembers Inv. Himan coming to Duke Hospital and getting the other report the first week of April. Ms. Levicy stated that Barbara Wosley is the chart keeper at duke for this case and all reports are maintained by her now.

The interview ended at 1910hrs.

1/11/07 1010hrs Met with defense laywers in reference them looking at property and case files. We met in the community room at head quarters CSI ange ashby retrieved all items of property.

1/1 1/07 1110hrs- Received package from DNA Securities at the front desk at headquarters.

1/11/07 - Received call from Andrew Rosen reference to how we wanted to get the computer back or if we wanted to see the recovered information first and see if we wanted further testing done.

1/12/07 -I advised Inv. Wilson and Mr. Nifong of the items I received from DNA Securities. They advised me that they had received a copy from DNA Securities also.

1/12/07 - Called ASR Data and advised them to send us the information they collected and we would contact them after we look at the recovered data to see if more information is needed. Gave address to where they should send the data.

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