March 27, 2006: Sheila Eason requests information from Duke PoliceMarch 27, 2006: Nifong, Himan, Gottlieb possibly discuss obtaining emails and additional "stuff" from DukeHi, Lt. Best. As we discussed on the phone, Mr. Nifong, our DA wants any and all details documented in writing concerning the incident involving the alleged gang rape by the Duke Lacrosse Team members of Crystal Mangum….All details, even though they may seem insignificant, may add together to help us with this case. Thank you for your assistance with this matter.Brocker: What else, if anything, do you recall discussing with Mr. Nifong during this initial meeting?March 29, 2006: Gottlieb & Himan meet with DPD Police Chief Steve Chalmers, City Manager Patrick Baker, DPD Deputy Chief Ron Hodge, an attorney for the Durham Police Department, Duke University Associate Vice President for Campus Safety and Security Aaron Graves, Duke University Police Director Robert Dean.
Himan: I think we discussed possibly -- I don’t know the initial meeting. But I know we started talking about getting court orders for e-mails and stuff like that for Duke University.The two detectives met on March 29 with Baker, Chalmers, Hodge, a police attorney and two Duke University officials -- Associate Vice President for Campus Safety and Security Aaron Graves and Police Director Robert Dean.March 31, 2006: Duke PD delivers key card data to Sgt. Gottlieb. Gottlieb notes that key card information was "requested by us."
Baker on Tuesday said the March 29 meeting allowed him to hear from Gottlieb and Himan first-hand, to make sure they and Duke police were working smoothly together... H/S
3/29/06 - 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. - GottliebInv. 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.April 17, 2006: Gottlieb presents the illegally obtained key card data to the Grand Jury.With Mr. Finnerty, we were able to show that he was at the party and that she had identified him. And we had the time cards, per se. I don't know what exactly you would call it, but each student has a magnetic card that if they go in the parking lot or dorm room or buy food, whatever, if they use that card it leaves an electronics stamp. And we had a document showing that he arrived back at the dorm at the time as the of the people who we knew were at the party. So we were able to put together information to at least corroborate, one, he was there; two, he met the description; three, she was able to show him; the SANE nurse's report was consistent with a sexual assault. So we had something to work with there for an indictment.April 24, 2006: Himan asks Nifong to add the names of all lacrosse team members to the subpoena.
With Mr. Seligmann, we never had anything to tie him to the party directly. Meaning, when we asked the players, you know I had asked the two about the list, the two that I asked never placed him at the party, and the third guy never placed him at the party. And, yes, he met the physical description. But strictly looking at a picture and saying, "That's the man who raped me," Ben was very concerned. We knew that he came in close to the same time that the other players came in. So it wasn't out of the question that he was at the party.
...I told the facts of what's documented in my report. … I spoke to them about the time cards issues. …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.May 31, 2006: Himan receives subpoena from Nifong's office.5/31/06 - Received subpoenas from Candy Clark in reference to key card access.July 17, 2006: Sgt. Gottlieb's homegrown notes, including the reference to the illegally obtained evidence, are finally turned over to the defendants.
July 17, 2006: Judge Titus conducts fake hearing on motion to quash subpoena ordering production of records already in the government's possession as if the records had not yet been obtained illegally by the government.
July 18, 2006: Defense attorneys inspect the files of the Durham Police Department and discover evidence that had been withheld from discovery. In an August motion detailing the withheld evidence, no mention is made of the key card data.Defense attorneys Brad Bannon, Buddy Conner, Bill Cotter, and Kirk Osborn reviewed the investigative file and physical evidence "in these matters" at the DPD. CSI Angela Ashby and lead investigator Ben Himan were present. Counsel for the defense discovered the following items in the investigative file which had not been provided to the defense in discovery:July 21, 2006: Judge Titus issues meaningless protective order and order quashing the subpoena.
a. Major Milhaich's May 25 memo directing the preservation and production of all e-mails sent to or from case investigators. The version of the memo sent specifically to CSI Ashby was located in her file of case materials, along with e-mails to and from her about the case which were obviously produced in response to the memo and retained in her own file. Those e-mails had also not been provided to the Defendants in to-date discovery.
b. A computerized criminal history and DPD criminal case description history regarding [the AV], which was sought and produced on April 11. In addition to listing the alleged rape charges in this case (DPD case number 06-008310) and the original felony charges and ultimate misdemeanor dispositions of cases that arose against [the AV] on June 21, 2002, regarding the theft of an automobile followed by a high-speed chase and felony assault on a law enforcement officer (DPD case number 02-060468). the documents also listed the following DPD case numbers in which [the AV] was somehow involved:
Date of incident Case No. Srce. Inv. Description
8-30-2000 00-030407 ARRS PRIS Driving while impaired
9-17-2000 00-032879 OFFN SUSP Larceny
10-25-2000 00-037545 OFFN OTHR Family/minor-other offense
4-26-2004 04-011166 OFFN CMPL Child molestation
Other than the investigation of the above-reference case, the investigative file does not contain any underlying substantive reports of any of [the AV's] previous interactions with the criminal justice system that resulted in the assignment of a DPD case number.
[Joint Omnibus Motion to Compel Discovery, paragraph 16, filed August 31, 2006]
July 28, 2006: Nifong dumps Judge Titus by agreeing to have the cases declared exceptional. The special designation removed Judge Titus from the case and paved the way for the appointment of Judge Osmond Smith.Court officials have taken steps toward having the Duke rape case declared "exceptional," which would allow a single judge to schedule and manage the cases against three lacrosse players.
Durham Trial Court Administrator Kathy Shuart said the parties in the case have agreed in principle to the designation, which would remove the case from Durham's case management system. Instead of monthly court hearings being set, a single judge, who would be appointed by state judicial officials, would decide when to hear motions or call the parties into court, Shuart said. N&O
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