Wednesday, December 19, 2007

XXVII. THE SANE CONSPIRACY

Looking back to those early days of the Hoax one of the common themes in outrage expressed in the community was the claim that the false accuser was examine at DUMC and they had proof of the injuries and rape. Those claims were taken seriously by individuals in Trinity Park and on Duke's campus. Here was Duke University Medical Center, a trusted teaching hospital, backing up these allegations in the press. Many of the doctors & nurses lived in the community and there were sharing the rumours that were spread around the hospital

In the civil lawsuit filed yesterday there are numerous chilling allegations about the Hoax. One of the most serious is the Sane Conspiracy.

XXVII. THE SANE CONSPIRACY

646. When Nifong, Himan, and Gottlieb learned on March 28th that there would be no DNA evidence, he lost the two fundamental elements of proof in his case at once. DNA evidence is not only identification evidence; it is also physical evidence of sexual contact, if not sexual assault. Without either, the investigation could not reasonably go forward. To perpetuate the investigation beyond March 28, 2006, Nifong, Himan, and Gottlieb solved their identification problem by rigging an identification procedure that totally disregarded G.O. 4077. They solved the physical evidence problem by colluding with Defendant Tara Levicy to fabricate proof of “trauma” where none, in fact, existed.

A. Levicy’s False Claims of Corroborating Evidence

647. At the inception of the media firestorm that erupted around Mangum’s allegations, Defendant Levicy was at the center. In the falsified factual sections of the NTID Order that grabbed national headlines, Gottlieb included the gist of what he claimed Levicy reported to him, namely that: ”The victim was treated and evaluated at Duke University Medical Center Emergency Room shortly after the attack took place. A Forensic Sexual Assault Nurse (SANE) and Physician conducted the examination. Medical records and interviews that were obtained by a subpoena revealed the victim had signs, symptoms, and injuries consistent with being raped and sexually assaulted vaginally and anally. Furthermore, the SANE nurse stated the injuries and her behavior were consistent with a traumatic experience.”

648. Defendant Levicy’s role in Nifong’s public statements about the case became central when Nifong learned that DNA testing would not provide any physical evidence of sexual contact, much less sexual assault. Nifong learned there would be no DNA evidence to prove sexual contact on March 28, 2006. Beginning on that day, when Nifong was asked why he was so certain there had been a rape, he pointed to Tara Levicy and DUMC. For example:

(1) On March 28, 2006, Nifong told Dan Abrams of MCNBC that he was convinced there was a rape because “[t]here is evidence of trauma in the victim’s vaginal area that was noted when she was examined by a nurse at the hospital, and her general demeanor was suggestive of the fact that she had been through a traumatic situation.”

(2) On March 28, 2006, Nifong told Rita Cosby of MSNBC that he believed “that rape did occur… [because] the victim’s demeanor and the fact that when she was examined by a nurse trained in sexual assault, there was swelling, and pain in the area that would have been affected by the rape. The victim gave signs of having been through a traumatic situation.” Cosby responded “Mr. District Attorney, good luck in tracking down the guys who have done a horrible thing.”

(3) On March 29, 2006, Nifong told a reporter for the Charlotte Observer that “there were bruises that were consistent with a sexual assault…. there was also behavior that was consistent with having gone through a traumatic experience.”

(4) On March 30, 2006, Nifong told a reporter for CBS’s nationally televised “The Early Show” that he was convinced a rape occurred because of the medical evidence in the case. The video of this interview is digitally annexed hereto as ATTACHMENT 19, and may be viewed below:

(5) On April 4, 2006, a reporter a reporter for the Charlotte Observer, Mark Johnson, was interviewed about the case by Greta Van Susteren. Based on Nifong’s statements to him, Johnson told the national audience “[Mangum] was examined at Duke University Medical Center, which as you know is a top flight hospital. This was a nurse who was trained in dealing with these types of cases and that examination is largely what the district attorney is basing his opinion on when he says that he believes an attack did occur.”

649. Levicy avidly followed the movements of the case in the media and on the internet. It was plainly obvious from Nifong’s statements that he would rely exclusively upon Levicy to “convince” a jury that a rape occurred.

B. Theresa Arico, Levicy’s Supervisor, Vouched for Levicy’s Fabricated SANE Evidence

650. Immediately after Nifong publicly proclaimed his reliance upon Levicy’s putative testimony in the case, Theresa Arico, Levicy’s DUMC supervisor, gave an interview to the Durham Herald Sun. Arico held herself out as “a sexual nurse examiner and coordinator of that program at Duke.” Arico was not present for Mangum’s SANE exam, yet she asserted, in her Herald Sun interview published on April 1, 2006, “you can say with a high degree of certainty that there was a certain amount of blunt force trauma present to create injury.” Arico told the reporter that this conclusion was based upon in the SANE nurse’s examination with a coloposcope, a device used to magnify minute injuries that are consistent with a sexual assault. Further, Arico told the reporter from the Herald Sun, “I can reasonably say these injuries are consistent with the story she told.”

C. Levicy Produced Falsified Medical Records to Support Her Fabrications.

651. Levicy falsified the SANE report to support her own and the Investigators’ fabrications. For example:

(1) Levicy did not produce a significant portions of the SANE until April 5, 2006 weeks after DUMC’s March 21, 2006, production of medical records. In the intervening time, Levicy re-created those portions of the SANE that were not completed on March 14th after the SANE was abandoned. On April 5, 2006, Levicy produced the remaining material portions of the SANE to Gottlieb, including what Levicy claims to be a handwritten transcription of the SANE interview of Mangum, and several pages containing strike-outs and other addenda that do not conform to the facts of the SANE exam, but instead attempted to conform the SANE exam to what Levicy understood to be the evidence at the time. For example:

(a) Levicy falsified the medical record of Mangum’s SANE by fabricating a transcript of her interview of Mangum in order to conform the SANE interview to what Gottlieb reported in his sensationalized application for the NTID Order to be Mangum’s account of the sexual assault;

(b) Levicy falsified the medical record of Mangum’s SANE by revising and annotating Mangum’s contemporaneous responses on the preprinted SANE forms to conform them to the evidence police believed existed at the time. By way of illustration, on one of the late-submitted pages of the SANE, a question asked if any efforts were made to conceal evidence. Levicy’s original notation, “no,” was struck through, and the (formerly empty) “yes” blank was checked. Further, a handwritten notation near the revision states, “wiped her off with a rag.” In this revision Levicy conformed the SANE with the fact a towel containing semen had been seized during the search of 610 N. Buchanan. However, after Levicy submitted this page on April 5th, police andNifong learned that, although the towel did contain semen matching one of the residents (who was then a suspect), Mangum’s DNA was not on the towel.

(c) The next day, on April 6th, Mangum gave her first (and only) written statement in the case. She wrote an account remarkably consistent with the SANE interview transcript Levicy gave Himan the day before. In a move transparently designed to conform her account to the existent evidence of semen found by police in the bathroom, in the case, Mangum writes an “add-on” paragraph at the end of her statement. The add-on paragraph reads, in toto, “I would like to add that Adam ejaculated in my mouth and I spit it out onto the floor, part of it fell onto the floor [scratch out] after he pulled his penis out.”

652. The falsifications in the SANE were plainly designed to conceal the fact that Mangum did not report any of the detail that appeared in Gottlieb’s application for a NTID Order that was published widely on the internet. In other words, the fabrications were designed to corroborate the sensationalized version of Mangum’s account that Gottlieb falsely reported in his factual sections of the application for the NTID Order.

D. Levicy Proffered Falsified Testimony to Perpetuate the Investigation
from March 16, 2006 until January 11, 2007

653. Further, over the course of several meetings and interviews with Nifong, Gottlieb, Himan, and Wilson, Levicy repeatedly proffered false testimony that was clearly designed to fill the chasms in Mangum’s case and/or to restore Mangum’s glaring credibility problems. For example, in those meetings and interviews with Nifong, Gottlieb, Himan and /or Wilson:

(1) Levicy agreed with Nifong, Gottlieb, and Wilson that she would testify to forensic medical evidence that she did not observe and did not exist.

(2) Further, Levicy falsely claimed that “diffuse edema of the vaginal walls” corroborated Mangum’s claims.

(3) Levicy fabricated a forensic medical observation that the SANE revealed evidence of penetrating blunt force trauma. Her supervisor Arico, had already echoed publicly supported this false claim in Arico’s on-the-record Herald Sun Interview, given the day after the SBI formally notified Nifong that the rape kit had no DNA evidence that would corroborate Mangum’s allegations.

(4) Levicy, Arico, and DUMC all condoned and ratified Nifong’s repeated recitation of the claim of trauma in interviews televised locally and nationally, and in local and national newspapers and magazines. Yet, there was no evidence of blunt force trauma consistent with rape. According to the SANE documentation that Levicy submitted on March 21st , it is plainly obvious that the pelvic exam was abandoned at its inception because Mangum protested Manly’s use of a speculum. Penetrating blunt force trauma, if it existed, would be found on Mangum’s cervix. Mangum’s cervix, however, could not be observed without the aid of (1) a speculum and (2) a coloposcope. The March 21st SANE documents make it clear that the coloposcope wasnever used in the pelvic exam because Mangum refused the insertion of a speculum.

(5) Levicy claimed the speculum could not be inserted because Mangum was in too much pain. If that were true, the pain would be treated, and its source diagnosed. There was no effort to diagnose the source of Mangum’s pain, nor was her pain treated. Furthermore, there is no evidence that Dr. Manly requested an E.D. attending physician to examine Mangum to diagnose the source of Mangum’s pain and to treat it. Upon information and belief, Dr. Manly, like every other provider at DUMC, could not corroborate Mangum’s reports of pain with any symptoms associated with pain.

(6) In three separate places, the SANE notes that no condoms were used. Nearly a year after the SANE, Levicy claimed that she felt Mangum could not be sure that condoms were used. Throughout Levicy’s SANE, Mangum’s unequivocal report that no condoms were used is noted again and again. For example, when asked if condoms were used, the “not sure” blank was not checked in favor of the “no” blank. Further, in Step 2 of the SANE, the SANE is required to write a “[b]rief account of the assault us[ing] the patient’s own words.” In the small space provided, Levicy volunteered, “No condoms used.”

(7) After the DNA testing revealed the impossibility that Mangum could have been assaulted vaginally, rectally, and orally by any lacrosse player, Nifong claimed publicly and falsely that he believed condoms were used. Nothing in science or the human experience suggests that the violent rape Mangum falsely alleged can be perpetrated without leaving so much as a skin cell somewhere—anywhere. Knowing this, on January 10, 2007, Levicy proffered additional fraudulent testimony that the absence of DNA could be explained by the use of condoms.

(8) Further, Levicy proffered additional fabricated testimony that to explain why the SANE is rife with statements indicating “no condoms” were used. As of January 10, 2007, Levicy’s testimony would have been that Mangum, in fact, “wasn’t sure.” Levicy explained that no one can ever really be sure whether a condom is used, unless they actually see the condom.

(9) Further, Levicy proffered that she “wasn’t surprised when [she] heard no DNA was found because rape is not about passion or ejaculation but about power.” Levicy’s statement belied her ignorance of modern DNA testing, particularly Y-STR testing employed in this matter, which does not depend upon an ejaculatory event. Y-STR testing has the capacity to detect malesourced human cells of all kinds, including a skin cell.

(10) Further, Levicy proffered testimony calculated to save Mangum’s identifications from suppression. One of the factors in the legal analysis for suppression of identification testimony is the ability to attend and to recall (acuity) things at the time in question. The evidence that Mangum was incoherent, if not suffering from psychotic delusion, in the early morning hours of March 14th was significant. Levicy proffered testimony to rebut that evidence. Nearly a year after the SANE, Levicy proffered new testimony claiming Mangum was “very alert.” To support that claim, Levicy proffered testimony that Mangum “knew what she was missing (meaning her money, her bag and her phone.)”

654. Levicy proffered the foregoing fabricated testimony on the evening of January 10,2007. Two days later, Nifong quit the case, and asked the Attorney General to take over the prosecutions and still continuing “investigation.” Shortly thereafter, when Levicy learned that Nifong, Himan, and Gottlieb were no longer controlling thecase, Levicy called Wilson to make a “clarification” to her proffered testimony. In her clarification, Levicy said—for the first time—that the absence of DNA matching the lacrosse team members could also be explained by the fact that the alleged gang rape “didn’t happen.”

13 comments:

Anonymous said...

Her "demeanor" meaning she did her "I'm so scared!" routine, which any idiot could do.

Mr X said...

poor lil' wilderness nurse!!

LOL

N.H. ain't far enuf away from Durm to save you now.

Anonymous said...

This whole thing is .... in SANE ...

Anonymous said...

Watch out, collaborators, TRUTH is coming out.

Hooray for the FIRST CLASS attorneys who WILL NOT let this hoax just die away, leaving a black mark forever on the justice system.

Sooner or later, the Feds are going to HAVE to get involved or they, too, will appear to be a part of the whole tragic HOAX.

Anonymous said...

This was more than just a hoax. The entire abuse industry is implicated in this fraud.

This happens all the time throughout this country.

Anonymous said...

11:26

You're right -- absolutely InSANE

Anonymous said...

In a much more childish manner, though par for the course here (and not always in a bad way), one might even say that Defendant Levicy just got pwned.

Anonymous said...

Allegations are just that -allegations. Filing is one thing - proving the "statements" another. I think the suit will be dropped by the Court for no merit.

Mr X said...

sure thing 10:08-vegas. keep telling yourself that bullcrap, cause the rest of us here have read the filing and the agendga driven, ski-jouring, wilderness EMT is crooked in my opinion and apparently a few lawyer's too. she is damaged goods, toss her.

this case won't be dismissed. just another of your wishfull thinkin' predictions for your babygirl. set up a legal fund for her or something else constructive cause she's sure as hell gonna need it.

Anonymous said...

Time will continue to tell

Anonymous said...

10:08: dream on, liar.

mb said...

Well, this was entirely predictable - it's what happens when feminists are allowed to work in influential positions where they can promote their agenda. This is a prime example of why women's studies programs should be eliminated, so-called "feminist jurisprudence" should be outlawed, and feminists relegated to Siberia.

Man oh man, poor nurse Tara. Put a fork in her, she's done.

Anonymous said...

There is so much more to come out of Durham than the LAX case. The entire legal system is broken, the cops are thugs and worse than you can imagine. Countless elected officials from the Governor, down to the City Manager, to the County Clerk are involved. Many fingers have dipped into Durham's cookie jar, and the truth will be extremely explosive to many who have turned their backs on citizens, justice, and any code of ethics or valor. Embrace yourselves for an extreme shock. A tidal wave of truth will boggle your mind, the corruption SHALL be exposed!