“Steel is going to f**k those lacrosse players.”

(Ekstrand & Ekstrand LLP has filed an amended complaint)

(Case 1:07-cv-00953-JAB-WWD Document 33-2 Filed 04/17/2008 Page 139 of 486)

XVII. THE CHAIRMAN’S DIRECTIVE

445. The Chairman was aware that Mangum was a deeply disturbed young woman who exhibited signs of psychosis, and that her accusations were false.

446. The Chairman was aware that Gottlieb was on a vendetta in response to the Gottlieb Dossier.

447. The Chairman was aware that Nifong was preparing to ride the case into office.

448. The Chairman knew that Addison was lying publicly about the evidence.

449. The Chairman was aware that the investigation belonged to the Duke Police Department.

450. The Chairman knew that, if the public perceived Duke abandoning the Plaintiffs, the public would conclude that Duke knew they were guilty.

451. The Chairman knew Plaintiffs were innocent, and, to the extent he was not certain, he ensured that neither he nor any senior University officials saw the evidence of innocence that he knew was offered.

452. To the Chairman, Plaintiffs’ innocence was irrelevant: what was “best for Duke” turned upon perception.

453. Aware of these things, the Chairman announced that it would be “best for Duke” if Plaintiffs were tried and convicted on Mangum’s false accusations.

454. In response to a plea for Duke to show some measure of support for the students who were being framed in plain view of the University’s leadership, the Chairman explained, “sometimes individuals have to be sacrificed for the good of the Organization.”

455. The Chairman’s Directive, as it was understood by one who received it, was straightforward: “Steel is going to f**k those lacrosse players.”

XVIII. THE CONSPIRACY TO CONCEAL THE DUKE POLICE DEPARTMENT’S STATUTORY AUTHORITY TO INTERVENE AND INVESTIGATE

456. To that end, the Chairman directed the Duke Police Department to act in furtherance of that objective. For example, the Chairman, through Brodhead, Trask, Burness, and Graves, directed the Duke Police Department:

A. To cease all efforts to find evidence of the truth, particularly evidence that
contradicted the accuser’s account;

B. To conceal evidence of Duke Police Officers’ prior investigative role in the
investigation;

C. To conceal all evidence of the Duke Police Department’s primary jurisdictional authority to control the investigation and its power to intervene to prevent the wrongs conspired to be done;

D. To fabricate false and misleading police reports, disguise them as bystander
“witness” statements, that covered-up the Duke Police witnesses’ personal knowledge of Mangum’s psychosis, her radically changing story, the overwhelming consensus among her doctors and nurses at DUMC that she was lying, and the inability of any doctor, nurse, or police officer to find even a spider-web of evidence that she was raped or sexually assaulted; and

E. To direct those who were at the hospital on March 14th to give “not-for attribution” false reports about Mangum’s appearance at DUMC in order to lend credibility to Mangum’s false claims in the eyes of the public.

457. At all times subsequent to the Chairman’s Directive to force a trial and convictions, the Duke Police Department had the power to revoke its delegated authority and/or to intervene to prevent or aid in preventing the unlawful conspiracies and violations of Plaintiffs’ constitutional rights as alleged herein, and, yet, refused to do so.

458. At all times relevant to this action after March 25, 2006, the Chairman and the members of the CMT directed the Duke Police Department not to intervene to prevent or aid in preventing the wrongs that they knew were conspired to be done to Plaintiffs and their teammates by their co-defendants in this action. In compliance with the Chairman’s Directive, the Durham Police ‘turned a blind eye,’ and did nothing.