An Updated Chronology of the Duke Lacrosse Case, March 13-31

Sceptical who wrote the articles about Tara Levicy and the Duke University Medical Center has compiled an updated Chronology of the Duke Lacrosse Case for March 2006.


MONDAY MARCH 13: Lacrosse team spring break party at 610 N. Buchanan

Hired strippers Crystal Mangum and Kim (Roberts) Pittman arrive at about 11:45 p.m.

TUESDAY MARCH 14: Performance begins about midnight and lasts only a few minutes, ending at 12:04 a.m. with altercation.

First of 9 telephone calls by Reade Seligmann made at 12.05 a.m.; he leaves with team- mate Robert Wellington in cab driven by Moez Elmostafa at 12:19 a.m. going to ATM and Cookout Restaurant.

Collin Finnerty leaves house and talks to friends at 12:22 and 12:27 a.m.; he goes to Cosmic Cantina with 3 friends after call at 12:33 a.m.

Mangum calls her escort service at 12:26 a.m.

Mangum stumbles down stairs outside of house at 12:31 a.m. where she remains for minutes until helped to Pittman’s car.

Mangum & Pittman drive away at 12:41 a.m.

Pittman makes phony 911 call at 12:53 a.m.

Two police cars arrive at 610 N. Buchanan by 12:55 but party-goers had scattered.
.
Mangum & Pittman drive to Kroger; a call to police is made at 1:22 a.m. by security guard. Mangum appears unresponsive.

Mangum taken to Durham ACCESS by Durham PD at 1:55 a.m. where she first claims rape.

Mangum taken to Duke Emergency Department at 2:45 a.m. where she was met by Officer G.D. Sutton and later Sgt. John Shelton. She is evaluated by ED nurses and physicians and left on a gurney to await SANE exam.

Duke & Durham police confer at loading dock outside Duke Hospital about case at 3 a.m.

Inv. B. Jones of Durham Police interviews Mangum in E.D. at 3:50 a.m.

Tara Levicy R.N. & Julie Manley M.D. attempt SANE exam at 9 a.m. Mangum is uncooperative, claiming pain, and exam ends prematurely. Rape kit specimens obtained.

Mangum is released from Duke sometime after 11:00 a.m., calls Inv. B. Jones seeking “stolen” property.

Duke Police Officer Christopher Day submits written report stating “victim changed her story several times” and Durham PD advised “charges would not exceed misdemeanor simple assault…”

Robert Dean, head of Duke Police, reviews Day’s report at 7:30 a.m. and then informs Duke officials, including Dean of Students Sue Wasiolek, about incident

Durham PD Sgt. Mark Gottlieb learns of the case and seeks to take it over from B. Jones.

WEDNESDAY MARCH 15: Mangum goes to UNC Hospital Emergency Department seeking prescription pain medications

Duke Dean Sue Wasiolek calls Coach Pressler about the party and talks to lacrosse captains about incident—she tells them no lawyers are needed and they should not tell parents.

Inv. B Jones concludes there is no evidence for a criminal investigation of Mangum’s claims and the file should be closed. This is not done, and Sgt. Gottlieb assumes responsibility for the Durham PD investigation.

THURSDAY MARCH 16: Sgt. Gottlieb assigns the case to rookie Inv. Ben Himan at 8 a.m.

Duke Police Sgt. Smith gives Gottlieb pictures of lacrosse players, a team roster, and the Duke Police report at 9:30 a.m.

Inv. Ben Himan talks to nurse Tara Levicy at 11 a.m.; she tells him there were signs consistent with sexual assault on her exam of Mangum

Gottlieb and Himan do their first interview with Mangum at 11:47 a.m. Later that day, she fails in a session with Invs. Clayton and Soucie to identify her attackers from four photo arrays showing six lacrosse team members in each one.

Durham police, including Gottlieb and Himan, search 610 N. Buchanan in the evening pursuant to a search warrant. Team Captains Zash, Evans and Flannery assist them, then go voluntarily without counsel to police station for questioning and photographs, and later to Duke Hospital for DNA samples.


FRIDAY MARCH 17: Team captains meet with Coach Pressler and Associate AD Chris Kennedy, who recommends they contact their parents and get legal counsel, suggesting they meet with attorney Wes Covington, who had served as a”fixer” for Duke before.

Sgt. Mark Gottlieb sends out message on Trinity Park listserv:

Fri Mar 17, 2006 7:15 am

The Durham Police District 2 Criminal Investigations Violent Crimes Unit is conducting an investigation concerning a rape of a young woman by three males at 610 N. Buchanan that was reported on 3/14/06 in the early morning hours. The female arrived at the residence for a party close to 11:30pm on Monday 3/13/2006 and left on Tuesday 3/14/2006 reportedly after midnight. Anyone in the area who saw or heard anything unusual, please contact Investigator Himan at 919-560-4582 x 229 or I at 560-4582 x 228. Thank you for your continued assistance.


SATURDAY MARCH 18: Team captains meet with Wes Covington who urged them not to hire counsel and not to talk to anyone about the matter.

N&O publishes first article about the case:

Woman reports sexual assault

Police were investigating a report of a rape on Buchanan Boulevard near the Duke University campus Friday. .. A young woman told police she visited 610 N. Buchanan Blvd. about 11:30 p.m. Monday and was assaulted by three men, according to police Sgt. Mark Gottlieb... Anyone with information is asked to call Investigator B.W. Himan at 560-4582, ext. 229

SUNDAY MARCH 19 : N&0 second article on the case:

Alleged rape was at party, police said

Police offered more details Saturday in the investigation of a young woman's report she was raped by three men at a party Monday near the Duke University campus.
The woman told police early Tuesday morning that she had gone to a house at 610 N. Buchanan Blvd. about 11:30 p.m. the night before for a party, said Sgt. Mark Gottlieb.
While at the party, she was raped by three men, she reported to police.
Gottlieb described the party as a mix of college students and non-students. In total, there were about 30 people there at the time, he said.
"It was an act where alcohol was involved," Gottlieb said. (snip)

MONDAY MARCH 20: Durham Police prepare and obtain a subpoena for Mangum’s medical records.

Gottlieb and Himan discuss with Duke police arrangements for the team members to voluntarily meet with Durham police and give statements, photographs and DNA. Himan calls Pressler to set up an appointment for March 22 for a mass interrogation.

Himan calls Tammy Rose of Angels Escort Service, who gives him Pittman’s name and tells him Pittman said there had been no sexual assault.

Himan calls Pittman who tells him Mangum’s claims are “a crock.” He sets up an appointment to meet with her the following day.

The Duke Chronicle publishes its first article about the incident:

Off-East house site of reported rape
By: Staff Reports
Issue date: 3/20/06 Section: News
Last update: 3/20/06 at 6:23 AM EST

DurhamPolice Department is investigating an alleged rape of a young woman by three males at 610 N. Buchanan Blvd. over Spring Break.
Duke recently purchased the rented residence from a local landlord.
The alleged assault was reported early in the morning of Tuesday, March 14.
The young woman arrived at the house for a party at around 11:30 p.m. Monday, March 13 and reportedly left after midnight, Sgt. M.D. Gottlieb of Durham Police District 2 Investigations wrote in an e-mail to a community listserv.
He encouraged individuals in the area at the time to report to DPD if they "saw or heard anything unusual." (snip)


TUESDAY MARCH 21: Sgt. Mark Gottlieb personally serves the subpoena for Mangum’s medical records on Levicy at Duke Hospital. She falsely tells him the exam was consistent with “blunt force trauma” and that the evidence corroborated claims of vaginal and anal rape.

Mangum is shown by Inv. Clayton two additional photo arrays of 6 lacrosse players each, during which she did not recognize her attackers.

Himan meets Mangum and driver Jarriel Johnson; Magnum inquires about getting property back while Himan asks about details of March 13-14.

Pittman fails to keep her appointment with Himan.

Covington meets with the parents of some of the players and urges them to go along with plans for the interrogation.

At 7 p.m. lacrosse team members were instructed to appear at 3 p.m. the next day at the Duke Police Department for interrogation by the Durham PD.

The Chronicle publishes its second mention of the case, in which Gottlieb is quoted that the house residents were cooperative:

Suspects in alleged rape unidentified

By: Staff Reports
Issue date: 3/21/06 Section: News
Last update: 3/21/06 at 6:54 AM EST
One week after a young woman was allegedly raped at 610 N. Buchanan Blvd., the Durham Police Department is still investigating the situation, saying "the suspects have not been clearly identified."
The house, which was recently purchased by University subsidiary Durham Realty, was the site of a party that involved both Duke students and non-students, said Sgt. M.D. Gottlieb of Durham Police District 2 Investigations.
Sue Wasiolek, assistant vice president for student affairs and dean of students, said the University will not take action until the police department's investigation is finished.
"From what I understand, the situation is under investigation by the Durham Police Department, and we will await that investigation," she said.
Larry Moneta, vice president for student affairs, added that the University would take appropriate measures, pending the police investigation.
Gottlieb said any man that attended the party March 13 would be a viable suspect but refused to go into further detail.
The residents of the house have been cooperative with DPD in locating any suspects, he added. (Snip)

WEDNESDAY MARCH 22: Pittman is brought to the District Two Police Substation where she gives a written statement, amending it after she is arrested by Gottlieb for a warrant for probation violations.

After the lacrosse team, on advice of Robert Ekstrand and others, declines to appear without counsel before the police, an application for a Non-Testimonial Identification Order (NTIO) is prepared by Mark Gottlieb and Ben Himan following discussions with ADA Tracey Cline. The request contains a number of lies, fabrications and inflammatory statements.

THURSDAY MARCH 23: The Non-Testimonial Identification Order (NTIO) is signed by ADA David Saacks and then approved by Judge Ronald Stephens.

Late that afternoon, lacrosse team members are photographed and have DNA samples taken pursuant to the NTIO. The press is tipped off and pictures and stories ignite a national media firestorm.

Durham DA Mike Nifong claims to have first learned of the case at a photocopier when he saw a copy of the NTIO.

FRIDAY MARCH 24: Duke administrators led by VP Tallman Trask meet with lacrosse team captains

Mike Nifong calls Capt. Jeff Lamb and asks to take over case [Ekstrand Para 487]. Lamb instructs Gottlieb and Himan to take direction from Nifong.

Durham PD Cpl. David Addison starts his campaign to stigmatize the lacrosse team in statements to the press as the Durham PD spokesman.

SATURDAY MARCH 25: Duke Crisis Management Team meets for the first time.

Duke AD Joe Alleva announces the lacrosse team will forfeit two games because of the party.

Brodhead issues first statement, urges cooperation with police.

Brodhead refuses to meet with lacrosse team parents, who instead are allowed to see Trask, Alleva, Moneta, and Wasiolek.

Candlelight vigil is held at 610 N. Buchanan by over 250 supporters of Mangum.

N&O publishes in its Saturday edition its exclusive March 24 interview with Mangum, inciting racial aspects:

Dancer gives details of ordeal
A woman hired to dance for the Duke lacrosse team describes a night of racial slurs, growing fear and, finally, sexual violence

SAMIHA KHANNA AND ANNE BLYTHE - STAFF WRITERS
Published: Fri, Mar. 24, 2006 12:37PM
Modified Sat, Mar. 25, 2006 05:14AM
The woman who says she was raped last week by three members of the Duke University lacrosse team thought she would be dancing for five men at a bachelor party, she said Friday. But when she arrived that night, she found herself surrounded by more than 40.
Just moments after she and another exotic dancer started to perform, she said, men in the house started barking racial slurs. The two women, both black, stopped dancing.
"We started to cry," she said. "We were so scared." (snip)

SUNDAY MARCH 26: Potbanger protest at 610 N. Buchanan, including “castrate” sign.

MONDAY MARCH 27: Gottlieb and Himan first formally brief Nifong on the lack of evidence. Nifong makes “We’re f!cked” statement.

Nifong begins a news media blitz, giving over 70 interviews in succeeding days.

Nifong threatens to arrest lacrosse team members who were at party as accessories to rape.

Gottlieb and Himan prepare search warrant application for Ryan McFadyen’s room containing inflammatory e-mail; signed but sealed by Judge Stephens.

SBI Lab starts testing Mangum’s rape kit items which they received from Durham PD.

N&O’s Ruth Sheehan writes column “Team’s Silence is Sickening” spreading “blue wall of silence” myth (she later apologizes for column).

“Speak Out” protest held on Duke campus with 200 attending.

Brodhead refuses to meet with attorneys for the lacrosse players who offer exculpatory evidence.

TUESDAY MARCH 28: Himan notifies Nifong and later Mangum that the initial SBI results showed no semen, saliva, or blood on the rape kit specimens, findings inconsistent with Mangum’s story of a gang rape without condoms.

Durham PD releases the 911 calls made by Pittman, but falsely claims they do not know caller.

Lacrosse team captains meet with Brodhead, deny allegations, agree to cancel play.

Brodhead holds press conference, suspends lacrosse games, and insists Durham PD has jurisdiction over case

Cpl. David Addison sends inflammatory listserv:

Tue Mar 28, 2006 12:20 pm message # 1066

Durham CrimeStoppers needs your assistance….

On Monday, March 13, 2006 about 11:00pm, the Duke University Lacrosse Team solicited a local escort service for entertainment. The victim was paid to dance at the residence located at 610 Buchanan. The Duke Lacrosse Team was hosting a party at the residence. The victim was sodomized, raped, assaulted and robbed. This horrific crime sent shock waves throughout our community…

CrimeStoppers Poster containing above language appears on campus.

WEDNESDAY MARCH 29: First Joint Command Meeting with Duke and Durham officials, including Nifong, City Manager Patrick Baker, Deputy Durham PD Chief Hodge, Duke VP Graves, and Duke Police Chief Dean.

Nifong, in an interview with the N&O, calls the players “a bunch of hooligans.”

‘Wanted” vigilante poster showing lacrosse team members’ pictures posted on campus, in Trinity Park. Poster allegedly is prepared under direction of Capt. Jeff Lamb [Ekstrand para 521]

A “Take Back the Night” rally is held on the Duke campus.

THURSDAY MARCH 30: SBI has a conference call with Nifong, Gottlieb, and Himan confirming the SBI final report would show no DNA evidence linking the lacrosse players to Mangum.

Joe Cheshire, attorney for David Evans, sends Nifong a letter complaining that Nifong’s public statements were prejudging the guilt of the lacrosse players and falsely suggesting they were not cooperating.

N&O article quotes lacrosse defense lawyers Bill Thomas and Joe Cheshire objecting to prejudicial statements and stating their clients are innocent.

FRIDAY MARCH 31: Nifong summons Gottlieb and Himan to instruct them to set up a new identification procedure for Mangum to pick three players (eventually conducted April 4).

Gottlieb briefs Capt. Lamb and Lt. Ripberger about the new identification procedure, which is not consistent with department policies about line-ups.

Nifong suggests for the first time in comments to press that condoms may have been used, incorrectly implying this would explain negative DNA results.

Duke Police Invs. Smith and Stostensberg improperly turn over FERPA-protected key card information of the whereabouts of team members on March 13 and 14 to Gottlieb.

Duke VP Larry Moneta warns students about the possibility of drive-by shootings of Duke students in an alert,


Sources:

EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al
http://news.justia.com/cases/featured/north-carolina/ncmdce/1:2007cv00739/46882/


MCFADYEN et al v. DUKE UNIVERSITY et al
http://news.justia.com/cases/featured/north-carolina/ncmdce/1:2007cv00953/47494/


CARRINGTON et al v. DUKE UNIVERSITY et al
http://dockets.justia.com/docket/court-ncmdce/case_no-1:2008cv00119/case_id-47871/


Motion to Suppress the Alleged "Identification" of the Defendants by the Accuser
http://www.newsobserver.com/content/news/story_graphics/20061214_motion.pdf

http://www.mediafire.com/download.php?ccwh39wcno0


Supplement to Motion to Suppress the Alleged “Identification”
http://www.newsobserver.com/content/news/crime_safety/duke_lacrosse/story_graphics/20070111_motion.pdf


Motion for Recusal of District Attorney
http://media.newsobserver.com/content/news/crime_safety/duke_lacrosse/nifong/story_graphics/20060501_dukelaxrecusal.pdf


Ben Himan’s Case Notes
http://liestoppers.blogspot.com/2007/07/inv-ben-himans-typed-notes-part-1-march.html


Mark Gottlieb’s State Bar Deposition
http://liestoppers.blogspot.com/2007/06/deposition-of-mark-d-gottlieb-part-1.html

http://www.mediafire.com/download.php?zlnocml4dce

http://durhamwonderland.blogspot.com/2007/06/gottlieb-deposition.html


Duke University & Brodhead Statements
http://www.dukenews.duke.edu/mmedia/features/lacrosse_incident/announce_archive.html


Duke Chronicle Articles
http://www.dukechronicle.com/lacrossearticles/


Johnsville Blog Posts
http://johnsville.blogspot.com/2006/06/duke-case-index.html


News & Observer Articles
http://www.newsobserver.com/news/crime_safety/duke_lacrosse/index-p4.html


News & Observer series “Rush to Judgment” by Joe Neff
http://www.newsobserver.com/1537


WRAL Stories
http://www.wral.com/news/local/asset_gallery/2306295/


KC Johnson’s Case Narrative
http://durhamwonderland.blogspot.com/2007/03/overall-case-narrative.html


Chronology by Vance Holmes “Poetic Justice”
http://www.vanceholmes.com/court/trial_duke_timeline.html


Duke Police Report 3/14/06
http://www.dukenews.duke.edu/mmedia/pdf/OperationsReportFileDUPD3.14.06.pdf


Crimestoppers & Vigilante Posters
http://johninnorthcarolina.blogspot.com/2006/05/duke-lacrosse-what-about-posters.html


SANE Exam
http://durhamwonderland.blogspot.com/2006/10/understanding-sane-iii.html

http://liestoppers.blogspot.com/2008/05/our-collective-voice-allegations.html

http://liestoppers.blogspot.com/2008/05/our-collective-voice-part-ii.html

Compiled by Sceptical