Tuesday, September 08, 2009

The Curious Case of Crystal Mangum’s Sexual Assault Examination Report

Levicy Allegedly Withholds Pages, Adds "Evidence"

(This article represents my opinions only, and is solely for discussion and debate purposes. Thanks to Kethra, Baldo, Quasi, and JSwift for suggestions, but all conclusions are mine.)

Authored by sceptical

SUMMARY

The SANE exam of false rape accuser Crystal Mangum was performed March 14, 2006 in the Duke University Medical Center Emergency Department (ED) by Dr. Julie Manly, assisted by SANE-in-training Tara Levicy. Levicy incompletely recorded the findings in the Sexual Assault Examination Report (SAER), mistakenly co-signed the SAER as the examiner, and was responsible for turning over the SAER and her notes to the police. Standard procedure is for the SAER to be sealed with the "rape kit" specimens and given to police the same day to be logged in as evidence to maintain the chain of custody. Instead, allegedly, Levicy improperly retained parts of the SAER and her notes for weeks afterwards. SAER pages concerning Mangum's physical examination were turned over to Durham Police Sgt. Mark Gottlieb on March 21 when he personally served Levicy with a subpoena for Mangum's medical records. It was not until April 5 that Levicy gave to Police Inv. Ben Himan the additional withheld SAER pages with the history of the "assault;" a written nursing note by Levicy purporting to give Mangum's March 14 recounting of the event; and Duke ED electronic medical records of Mangum's visit. It is unclear why there was a delay between receipt of the subpoena on March 21 and tendering of the records on April 5. The retained SAER pages, which were allegedly altered, and Levicy's nursing note turned over April 5 contained details of the case which were not known on March 14, indicating they had been added after the fact. Withholding sections of the SAER and then later allegedly amending them with notations helpful to the prosecution was unethical and possibly illegal.

PROLOGUE

The SANE exam was a key piece of evidence in the 2006 Duke Lacrosse rape hoax. SANE is an acronym for “Sexual Assault Nurse Examiner.” Written records and comments to police and prosecutors from SANE in-training Tara Levicy R.N., an inexperienced nurse and feminist who performed part of the exam, propelled the case ahead by giving credence to the false accuser, Crystal Mangum.

Mangum was brought to the Duke University Medical Center (DUMC) Emergency Department (ED) at about 2:45 a.m. on March 14, 2006 after claiming she had been raped at a party. She had originally been taken to Durham Access Center by Durham police, who thought she was drunk and needed to be committed for her protection. During the intake interview, Mangum, knowing otherwise she was going to be involuntarily confined, nodded yes when asked by a nurse whether she had been raped. She was then transported by police to DUMC for evaluation.

During the night shift (before 7 a.m.) at DUMC she was seen by seven nurses and physicians, as well as by police officers. She gave differing accounts of the “assault” to each one of those who interviewed her.

Mangum was first evaluated at 2:53 a.m. by triage nurse Jenni Hauver R.N. Mangum said she had been sexually assaulted and claimed to be in pain (pain score 10/10). Hauver noted she was anxious but on exam found Mangum to be “in no obvious discomfort.”
http://news.justia.com/cases/featured/north-carolina/ncmdce/1:2007cv00953/47494/

Resident physician Jaime Snarski M.D. interviewed and examined Mangum beginning at 3:18 a.m. “Mangum reported to Dr. Snarski that she was “stripping at a bachelor party,” and “the bachelor [and] other guys…put their fingers and penises” in her “vagina against her will.” To Dr. Snarski, Mangum complained of extreme pain, but denied being hit. When asked to describe the pain, Mangum said it was “only in her vagina.” “(McFadyen et al, para. 295).

The ED attending physician Joshua Broder M.D., who was Snarski’s supervisor, also saw her. She ''denies other physical assault,'' Dr. Broder wrote after initial examination in the Duke ED. http://query.nytimes.com/gst/fullpage.html?res=9407E2DF103EF936A1575BC0A9609C8B63&sec=&spon=&pagewanted=4

Another nurse Carol Schumoski R.N. checked Mangum about 3:28 a.m. “Mangum reported that her pain was a “10.” When Schumoski asked Mangum to describe the pain, Mangum said it was “down there.” Nurse Schumoski also examined Mangum for symptoms associated with pain, and found none. Shortly thereafter, Nurse Schumoski found Mangum, alone, resting quietly in no apparent distress. “(McFadyen et al, para. 296). Investigator Buffy Jones of the Durham Police Department (PD) also questioned Mangum about her story at about 3:50 a.m.

DUMC had a roster of certified SANE nurses and an on-call schedule for them. Rather than bring in the on-call SANE nurse to do a SANE exam, someone, possibly the ED charge nurse, decided to wait until the day shift would arrive. Mangum was allowed to sleep on a gurney in the ED.
The assignment to do the SANE exam was given to SANE in-training Tara Levicy R.N. Ms. Levicy had started a 15 month “fast track” nursing program at the end of 2003. By February 2005 she had received her R.N. and a North Carolina nursing license (granted February 8, 2005). Her first job out of nursing school was in the DUMC ED. In August 2005 she was allowed to begin work on SANE certification, even though international standards call for at least 3 years of experience. Thus, by March 2006, Levicy had only little more than a year total of nursing experience and only 7 months of SANE training.
http://liestoppers.blogspot.com/2008/05/our-collective-voice-allegations.html

Levicy had completed the classroom requirements for SANE certification, but as of March 14 she had not yet received her certificate. She had not completed the Practical part of SANE training where she would observe exams by an experienced SANE and later do her own exams while under close supervision of an experienced SANE. Therefore, Levicy’s assignment by the Duke ED to do Mangum’s SANE exam without appropriate SANE supervision was improper, and Levicy was acting beyond the scope of her nursing practice.

Levicy had arrived at the Duke ED at approximately 6:45 a.m. She began to interview Mangum at about 7 a.m. According to Levicy’s account, Mangum told her that she was raped by three attackers vaginally, orally, and anally; that she had been pushed, pinched, and kicked; that she had lost fake fingernails in the struggles; that she had pain in her vagina, anus, face, shoulders, neck, abdomen, back, buttocks and legs; and that no condoms had been used (Carrington et al. para 119). Levicy talked to Mangum for about an hour and also took photographs.
http://durhamwonderland.blogspot.com/2007/05/levicy-exam.html

Because Levicy had not received her SANE certificate, she was not authorized to perform the pelvic exam on Mangum. A resident physician in her last year of training, Julie Manly M.D., joined Levicy about 9 a.m. and they commenced the SANE exam.

WHAT IS A SANE EXAM?









Figure 1 - A Sane Kit

According to the blog Forensic Talk’s Kathleen Eckelt R.N., a SANE with many years of experience:

" ‘A medical evidentiary examination is given to victims of sexual assault and other forms of abuse and is performed to collect physical evidence and document findings that can be used to identify, prosecute, and convict an assailant.

While an evidentiary examination includes an array of medical components, including assessment of injuries and crisis intervention, its main purpose is to meet the needs of the legal system...’

The SANE examination is usually completed by an RN with advanced sexual assault forensic training and experience. The nurse carries the designation of Sexual Assault Nurse Examiner (SANE), Sexual Assault Forensic Examiner (SAFE), or Forensic Nurse Examiner (FNE).
The nurse's report usually consists of several pages of in depth questions regarding the patient's past medical history, the alleged assault, as well as documentation on the collection of evidence.”
http://harfordmedlegal.typepad.com/forensics_talk/the_sane_report.html


The nurse’s report is commonly called the Sexual Assault Examination Report (SAER). This is a pre-printed form which includes check-offs, underlined spaces for written responses and open spaces for additional responses.

The form varies from state to state, but general features (adapted from Eckelt) include:

1. Identification information: Date, name, address, phone number; Date, place, time of incident; Date, place, time police notified; Date, place, time of admittance to ER; Name of Detective; How brought to the hospital

2. Informed consent of patient for the procedures

3. Physician’s orders for tests, medications and treatment

4. Patient’s past medical history: allergies, illnesses, chronic diseases, history of STDs, birth control use, medications, drug and alcohol use.

5. Sexual contact history: Date of last consensual sexual contact; Condom used?; Foreign objects (dildo, vibrator, other) used?; Date of last menses.

6. Assault information: Number of assailants, name if known, sex, race, age. How assaulted? Condom used? From what angle were they assaulted? Position of patient during assault? Any kissing, licking, fondling, biting, gagging, binding, blindfolding by assailant? Any verbal threats? Any physical force? Any weapons? Did the assailant (s) give the patient any alcohol or drugs? Did victim injure assailant? Any scratching? Did patient shower / bathe / drink liquids / brush teeth, etc. after the assault?


7. Physical examination: General examination of head, eyes, ears, nose, throat, neck, chest, heart, abdomen, extremities, and skin looking for signs of injury or trauma. Pelvic examination including examination of labia, hymen (if present), vagina and cervix. A speculum is used to visualize the vagina and cervix to look for discharge, redness, menses and cervical injuries. Techniques often include a Woods lamp exam using UV light to visualize semen and a colposcopic (Medscope) exam which makes injuries visible by magnifying the view of internal tissues.With each of these tests, photos are taken to document the findings. An external exam of the anus and an internal rectal exam is done to look for tears, bleeding or other signs of trauma.


8. Evidence collection: All significant clothes are collected, especially the underwear. Swabs are taken of all suspected areas, including the mouth, plus (4) vaginal / cervical swabs, and (2) perineal / anal swabs are done if need indicated. Other specimens obtained include fingernail scrapings, pubic hair combings, and pulled hair may be done, depending on the protocol. Attention is also paid to any feminine hygiene products, debris, and foreign material. Blood samples are taken for the patients DNA. A blood pregnancy test and RPR to check for Syphilis is usually done as well. Depending on the protocol, blood and urine samples may also be taken for toxicology tests. A urine test for GHB is taken if any date rape drugs are suspected. Swabs and culture are taken to check for Chlamydia and Gonorrhea.


9. Discharge. Patient is given antibiotic to prevent STD and urged to see a gynecologist and get HIV testing. She is given the name and phone number of the detective assigned to the case, and well as counseling resources.

There are several medical records generated by a SANE exam.

First, the medical facility involved has its own medical records, which may either be hand-written or computerized (electronic medical records). These document the patient’s admission to the Emergency Department and general medical and nursing evaluation.

Second, the SAER pre-printed form has several components listed above, including past medical history, history of the assault, physical examination, and pelvic examination.

Third, most jurisdictions have a medical evidence inventory list to identify what swabs and other specimens, including clothing, were collected. This is important for the chain of custody required for evidence items in criminal cases.


The normal procedure is for the SAER to be completed on the day of the exam by the SANE nurse, signed by the nurse, and included with the specimens in a sealed bag or box (Fig. 1). The evidence inventory list is also sealed in the bag or box. The sealed “rape kit” is then passed from the SANE nurse to appropriate law enforcement officers, preserving the chain of custody.

While this is the normal sequence of events, this is not what happened on March 14, 2006, and thereafter, with the SANE exam of Crystal Mangum in the Duke ED.

CRYSTAL MANGUM’S SANE EXAM

As noted above, because Levicy had not yet received her SANE certification, Julie Manly, M.D. performed the pelvic exam on March 14 with Levicy acting as a “scribe,” writing down the findings.

The resulting SAER, along with Mangum’s other medical records, was placed under seal by a judge in the criminal cases against Duke lacrosse players Reade Seligmann, Collin Finnerty and Dave Evans. However, motions in the criminal cases and the complaints in the three civil rights lawsuits (Evans et al v. Durham et al.; McFadyen et al v. Duke et al.; and Carrington et al v. Duke et al.), as well as some blog and press reports (especially from Prof. KC Johnson and the News& Observer’s Joe Neff) , inform us about the exam and the disposition of the products of the exam—specimens, the SAER, and Mangum’s other medical records.

According to the McFadyen et al lawsuit (para. 302-7)
302. At approximately 9:00 a.m., Defendant Julie Manly, Duke Physician, initiated the SAE with Defendant Levicy in tow. Manly conducted the SAE, while Levicy filled in the blanks and checked boxes on the pre-printed SAER.
303. Defendant Manly never completed Mangum’s SAE; it was abandoned in midstream because Mangum refused to allow the exam to continue.
304. To initiate the pelvic exam, Defendant Manly inserted a speculum, which allows the examiner to use a coloposcope to visually inspect the vaginal walls and cervix at high levels of magnification. Mangum quickly protested and insisted that the examination cease. According to Levicy, Mangum was responding to intense pain. However, if Defendant Manly believed Mangum’s pain was too severe to continue with the pelvic exam, the appropriate medical response was to diagnose the source of the pain and treat it. Once the pain (and its source) is treated, the exam can continue. That did not happen.
305. When Defendant Manly abandoned the SAE, much of the SAE had not been done.
For example:
A. No pelvic exam was conducted.
B. No rectal exam was conducted.
C. No forensic toxicology tests had been ordered.
D. No forensic blood draw was taken.
snip
307. Several photographs were taken in the SAE that did, in fact, show injury to Mangum’s feet and knees. However, even the nominal injuries documented in the SAER were not new.
http://news.justia.com/cases/featured/north-carolina/ncmdce/1:2007cv00953/47494/


According to the Carrington et al lawsuit (para. 124-129)
124, Levicy took notes during Dr. Manly’s pelvic exam. According to Levicy’s notes, Mangum had no vaginal or anal tearing, bleeding, or bruising, no grimacing, no sweating, no changes in vital signs, and no other symptoms ordinarily associated with the serious pain of which she complained. Her head, back, neck, chest, breasts, nose, throat, abdomen, and extremities were all unbruised and normal. There was no sign of rectal penetration; as noted above, Levicy recorded “nothing notable” in the section of the SANE form labeled “Anal Exam.” Snip
126. Dr. Manly’s only diagnosis of any abnormality in the pelvic examination was “diffuse edema [i.e. swelling] of the vaginal walls.” Snip
128. During the examination, Mangum screamed hysterically, and complained of severe pain when Dr. Manly inserted a speculum for vaginal examination. This behavior was highly atypical for a rape victim who lacked any bruising, bleeding, tearing or other visible physical injury.
http://dockets.justia.com/docket/court-ncmdce/case_no-1:2008cv00119/case_id-47871/


Thus, Mangum’s exam ended prematurely without a full pelvic, colposcopic, or internal rectal exam. Whether Mangum actually withdrew consent for the exam or just was uncooperative is unclear. However, Dr.Manly did manage to obtain evidence specimens, including oral, vaginal, and rectal swabs from Mangum.

At the conclusion of the exam, according to Levicy’s notes, the evidence was collected, gathered up, and delivered to the custody of a representative of the “Law Enforcement Agency,” Duke Police Officer Joyce Sale. (McFadyen et al para 310). The same day the items were turned over to the Durham Police Department and logged in as evidence, preserving the chain of custody.
Therefore, the SANE exam was incomplete because of Mangum’s hysterics— most importantly, since she would not allow full insertion of a speculum there was no colposcopic exam (required for a diagnosis of “blunt force trauma,” among other injuries) or exam of the cervix.

Also, the documentation of the SANE exam was incomplete. For example, Dr. Manly noted a white discharge in the vagina. She thought it was sperm, but later concluded it may have been due to a vaginal yeast infection.

http://www.newsobserver.com/100/story/565336-p3.html

Whatever the cause, Levicy and Manly did not document the presence of the white fluid nor do any tests to identify the substance. Furthermore, Levicy did not fill in all the boxes and spaces on the pre-printed SAER, leaving some of them blank.

THE PRODUCTS OF THE SANE EXAM

According to the “DNA motion” in the criminal case (Motion to Compel Discovery: Expert D.N.A. Analysis 12/12/06, p. 2):

“The “rape kit” in this case contained cheek scrapings, oral swabs, vaginal swabs, rectal swabs, a pubic hair combing, and a pair of white panties collected from the accuser at the Duke ER that morning. Also collected from the accuser were four items of clothing: a pair of red lace underwear, a red lace halter top, a white knit skirt, and a white knit top.”

http://www.newsobserver.com/content/news/crime_safety/duke_lacrosse/20061213_dukelacrosse.pdf

The “rape kit” specimens were turned over to the North Carolina State Bureau of Investigation (SBI) by CSI Angela Ashby of the Durham PD on March 27 for processing and analysis. Other specimens from the March 16 search of the party house at 610 N. Buchanan, including false fingernails, a towel, and floor swabs, were also sent to the SBI.

What is not so certain is what happened to the documentation of the SANE exam. An evidence inventory was likely included with the specimens turned over March 14 to the police to document their source.

We also know that some pages of the SAER were retained by Levicy for up to 3 weeks later and not included with the specimens, as is standard SANE procedure.

On March 16, at 11:01 a.m., Durham PD Investigator Ben Himan called Levicy to inquire about the medical evidence relating to Mangum’s claims. It is not clear why Himan called Levicy instead of Dr. Manly or Theresa Arico, R.N., Levicy’s supervisor. However, it is known that Levicy improperly co-signed the SAER as the examiner, when in fact Dr. Manly was the sole examiner. Levicy’s mistaken signature misled the police as to her role in the procedure, and she apparently did not disabuse them of the error.

Levicy told Himan that “due to HIPAA laws she was unable to divulge patient information,” but that “there were signs consistent with sexual assault during her test” (Carrington et al, para 150). According to KC Johnson, in a later interview with defense attorneys, Levicy confirmed that she had, in fact, passed along to Himan this diagnosis—based, she said, on her subjective evaluation of the hysterical Mangum’s pain. http://durhamwonderland.blogspot.com/2007/05/levicy-and-law-enforcement.html

However, Levicy’s assertion that HIPAA laws (Health Insurance Portability and
Accountability Act) prevented disclosure was incorrect—in those regulations there is a clear exception when information is for law enforcement purposes.

On March 20 the Durham PD prepared a subpoena for Mangum’s medical records (Fig. 2). (A subpoena was not required for a SAER, but was needed for her other records).
The subpoena was addressed to Arico, the head of the SANE unit at Duke hospital. This in and of itself is unusual because normally a subpoena would be issued to the director of medical records at the hospital.
























Figure 2 - The subpoena for Magnum's Medical Records

On March 21 Sgt. Mark Gottlieb, Himan’s supervisor, personally served Levicy, rather than Arico, with the subpoena at Duke University Hospital.

Gottlieb later summarized his meeting with Levicy:

"I asked her if the exam was consistent with blunt force trauma, and she replied yes," Gottlieb wrote.

The nurse, Tara Levicy, "stated the victim had [swelling] and tenderness to palpitation both anally and especially vaginally. She stated it was so painful to have the speculum inserted vaginally, that it took an extended period of time to insert same to conduct an examination. I asked her if the blunt force trauma was consistent with the sexual assault that was alleged by the victim. She stated the trauma was consistent with the victim's allegation."

http://www.newsobserver.com/1185/story/479650.html

According to the Carrington et al. lawsuit (para 185), “Levicy made crucially false and misleading statements to Gottlieb about the nature of the physical and medical evidence. She told Gottlieb that the examination of Mangum had revealed physical evidence of ‘blunt force trauma,’ and that the blunt force trauma was ‘consistent with the victim’s statement’ alleging a forcible gang rape by three men…”

However, no colposcopic exam (required to diagnose blunt force trauma) had been performed, and there was no mention of physical trauma in the written SANE report (except the three lower leg scratches from an earlier injury).

Also, Levicy told Gottlieb there were signs of anal rape, although no findings such as rectal tenderness or swelling were noted in Dr. Manly’s exam.
http://durhamwonderland.blogspot.com/2007/05/levicy-and-law-enforcement.html

A new analysis of the McFadyen et al v. Duke et al lawsuit (submitted by attorney Robert Ekstrand) reveals that during their March 21 meeting at Duke Hospital Levicy gave Gottlieb some parts of the SAER pages she had withheld on March 14. These pages apparently contained all or part of the physical examination pages of the SAER.

According to the complaint in McFadyen et al.:

791. 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 SAER 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 SAER documents make it clear that the coloposcope was never used in the pelvic exam because Mangum refused the insertion of a speculum.

If Ekstrand is correct about these assertions in his complaint, then Gottlieb, and through him the Durham PD and District Attorney Mike Nifong, received part of the SAER on March 21. This conflicts with previous reports that Nifong and the Durham PD did not receive any SANE documentation until later, on April 5 when the rest of Mangum’s Duke medical records were turned over.

We do know that some of the history pages of the SAER were in fact not given to the Durham PD and thence to Nifong until April 5, 3 weeks after the SANE exam, when Levicy met with Inv. Ben Himan to give him the subpoenaed records. It is not known why it took from March 21 to April 5 for Duke University Medical Center to deliver the records; normal procedure is to respond to a subpoena in less than 2 weeks.

According to typewritten case notes kept by Himan:

4/5/06 1027hrs - Arrived at Duke Hospital and spoke with Sane Nurse Levicy about Wellsoft medical records of victim.4/5/06 1055hrs - Received triage and discharge and nurse notes from Ms. Levicy.
http://liestoppers.blogspot.com/2007/07/inv-ben-himans-typed-notes-part-1-march.html

Therefore, on April 5, Levicy turned over the following materials to police and prosecutors :

1) The Wellsoft medical records of Mangum are the reports from the Duke ED electronic medical record system called Wellsoft EDIS. This is used for all patients who come in to the ED. The Wellsoft records would be the source of the notes taken by the various nurses and physicians who interacted with Mangum before 7 a.m.

2) A hand-written nursing note written by Levicy purporting to record the story of the “attack” recounted to her by Mangum back on March 14.

3) The remaining SAER pages, mainly those dealing with information about the history of the “assault.”

However, there are major problems with the notes written by Levicy, as well as the SAER pages she turned in on April 5.

First, there were important changes to the withheld SAER pages which had to have been made well after the SANE exam to include new evidence which was not available on March 14.

According to the McFadyen et al complaint:

785. Levicy did not produce significant portions of the SAER until April 5, 2006, weeks
after DUMC’s March 21, 2006, subpoena and subsequent production of medical records to Gottlieb. In the intervening time, Levicy re-created those portions of the SAER that were not completed on March 14th after the SAE was abandoned. On April 5, 2006, Levicy produced the remaining material portions of the SAER to Himan, 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 SAE 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 SAE by revising and annotating Mangum’s contemporaneous responses on the pre-printed SAER 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 SAER, 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 revisio Levicy conformed the SAER 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 and Nifong 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.

The “wiped her off with a rag” comment is important because while the SANE exam was done on March 14, the house where the towel was found was not searched until the evening of March 16. A contemporaneous SAER would not have mentioned the towel (there is no other evidence that Mangum had in fact said anything prior to police or others about being wiped off with a towel).

The version of the “assault” turned in April 5 by Levicy purporting to represent the history given by Mangum on March 14 is remarkable for its consistency with the written statement by Mangum the next day (April 6) and with the Non-testimonial Identification Order request submitted by Gottlieb. There are details of the “assault” which do not appear in any other of Mangum’s earlier accounts—such as anal rape. There are also aspects of this version of Mangum’s history which could only have been concocted after March 14 because they resulted from the search of 610 N. Buchanan on March 16—such as a semen stain on the floor of the bathroom. Again, this reflected additions after the fact in Levicy’s nursing notes.

The McFadyen et al complaint states:

(785) 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 SAER 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.”

786. The falsifications in the SAER 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.

Based in part on Levicy’s allegedly altered records and false testimony to police, DA Nifong decided to go ahead with indictments of Seligmann and Finnerty (April 17) and Evans (May 15) despite negative DNA evidence linking any lacrosse player to Mangum.

Levicy continued her efforts to promote the prosecution’s case long after the DNA results came back negative. She and Arico met privately with DA Nifong on June 9, 2006; curiously, no notes were taken by any of the parties about the meeting. Levicy kept “spinning” her story up to and including January, 2007 when she met with Himan and Inv. Linwood Wilson. For example, at this meeting Levicy claimed Mangum was not sure condoms were used, even though this conflicted with all of Mangum’s previous statements. Also, when asked about the SBI finding no semen in the “rape kit” samples, Levicy said, “I wasn’t surprised when I heard no DNA was found because rape is not about passion or ejaculation but about power.” Apparently she did not realize that DNA tests were sensitive enough to detect skin cells and that ejaculation was not required for a DNA match.
http://durhamwonderland.blogspot.com/2007/05/levicy-and-linwood.html

It was only after Nifong recused himself and Special Prosecutors were appointed that she admitted that a rape might not have happened.

CONCLUSIONS

The SANE exam of Crystal Mangum on March 14, 2006 was incomplete because it was terminated early due to her hysterics. Specifically, no colposcopic, cervical, and internal rectal exams were done.

The SANE examiner who obtained specimens and who attempted to do a pelvic exam was Julie Manly M.D. and not SANE in-training Tara Levicy R.N., who had not yet received her SANE certificate and was an inexperienced nurse.

Tara Levicy R.N. obtained a history from Mangum prior to Manly’s attempted exam and she acted as a “scribe” for Manly filling out parts of the SAER. The documentation was incomplete with facts such as a white vaginal discharge not noted, and spaces left blank in the pre-printed form.

Both Manly and Levicy signed the SAER as the examiner. It was improperly signed by Levicy because she did not perform the pelvic exam. As a result, Durham Police investigator Ben Himan called Levicy about the SANE procedure. Himan and his supervisor Sgt. Mark Gottlieb followed up only with Levicy and never interviewed Dr. Manly or Theresa Arico R.N., Levicy’s superior and head of the Duke SANE program.

False statements by Levicy confirming Mangum’s claim of a sexual assault were a major basis for search warrants, the Non-testimonial Identification Order, and the indictments of Seligmann, Finnerty, and Evans.

The “rape kit” specimens (including oral, rectal and vaginal swabs, hair samples, and clothing) were turned over by Levicy to the Duke Police on March 14, along with an evidence inventory documenting their source. Parts of the SAER were improperly held back by Levicy and not included with the specimens. Duke Police transferred the “rape kit” the same day to Durham Police, who turned them over to the NC State Bureau of Investigation on March 27.

Durham Police Sgt. Mark Gottlieb met March 21 with Levicy at Duke Hospital to deliver a subpoena for Mangum’s medical records, even though the subpoena was addressed to Theresa Arico R.N. At the March 21 meeting, Levicy turned over some of the withheld SAER pages which detailed Mangum’s physical examination. Thus, as early as March 21 Durham Police and DA Mike Nifong had documentation which was inconsistent with the brutal gang rape by three men claimed by Mangum.

For unknown but suspicious reasons, the rest of Mangum’s medical records from Duke were not given to police until April 5. Three types of records were turned over:

First, the Wellsoft EDIS electronic medical records from the Duke Emergency Departments concerning Mangum’s visit on March 14. These computerized records detailed findings by the seven nurses and physcians who interacted with Mangum that night.

Second, a nursing note written by Levicy purporting to be a contemporaneous record of the history she took from Mangum on March 14. There is evidence that Levicy allegedly wrote this note long after March 14 because it included details that were only known following the March 16 search of the party house by police. The story as presented by Levicy bolstered police claims in the NTIO application and Mangum’s written statement of April 6. There are suspicions of coordination and collusion.

Third, the rest of the withheld SAER pages were also turned over April 5. The SAER is supposed to be completed the day of the SANE exam (March 14) or shortly thereafter. Levicy allegedly altered these pages long after the fact with details available only after the March 16 search. These alterations were not properly signed and dated, as required for changes to medical records.

Levicy violated SANE and nursing standards by retaining pages of the SAER for up to 3 weeks after giving the “rape kit” to police, by making claims based on evidence not available at the time of the exam, and by allegedly altering the withheld SAER pages to conform to these claims.

Levicy’s alleged improper changes to her nursing note and the SAER after the fact were an attempt to confirm Mangum’s false claims of rape, provide a justification for search warrants and indictments, and promote the prosecution of three innocent men for a rape that never happened.
REFERENCES

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/

NY Times article on Gottlieb notes
http://query.nytimes.com/gst/fullpage.html?res=9407E2DF103EF936A1575BC0A9609C8B63&sec=&spon=&pagewanted=4

Kathleen Eckelt R.N. on SAER
http://harfordmedlegal.typepad.com/forensics_talk/the_sane_report.html

DNA Motion 12/12/06
http://www.newsobserver.com/content/news/crime_safety/duke_lacrosse/20061213_dukelacrosse.pdf
Ben Himan’s Case Notes

http://liestoppers.blogspot.com/2007/07/inv-ben-himans-typed-notes-part-1-march.html

News & Observer series “Rush to Judgment” by Joe Neff

http://www.newsobserver.com/1537
http://www.newsobserver.com/100/story/565336-p3.html
http://www.newsobserver.com/1185/story/479650.html

Liestoppers articles on Levicy by sceptical
http://liestoppers.blogspot.com/2008/05/our-collective-voice-allegations.html
http://liestoppers.blogspot.com/2008/05/our-collective-voice-part-ii.html

Durham in Wonderland articles on SANE by KC Johnson
http://durhamwonderland.blogspot.com/2007/05/levicy-exam.html
http://durhamwonderland.blogspot.com/2007/05/levicy-and-law-enforcement.html
http://durhamwonderland.blogspot.com/2007/05/levicy-and-linwood.html

Sunday, August 02, 2009

UPDATED CHRONOLOGY OF DUKE LACROSSE CASE: April 1- April 30

(The following is an updated chronology covering April, 2006. It was prepared by sceptical, with additional suggestions by Baldo, JSwift, sdsgo, and Quasi, whom he thanks.)


UPDATED CHRONOLOGY OF DUKE LACROSSE CASE: April 1- April 30

SATURDAY APRIL 1: Herald-Sun publishes interview with Duke SANE coordinator Theresa Arico R.N. who backs up rookie SANE Tara Levicy’s claims, including those of “blunt force trauma.”

SUNDAY APRIL 2: Rev. Sam Wells, Dean of Duke Chapel, delivers a sermon excoriating student athletes and campus culture.

MONDAY APRIL 3: Durham DA Mike Nifong stops granting interviews about the case.

The accuser Crystal Mangum again goes to UNC Hospitals complaining of neck pain and seeking prescription pain drugs.

Durham PD Investigator Ben Himan picks up statement from eyewitness Jason Bissey, but does not question or interview him.

Himan unsuccessfully attempts to contact the second dancer, Kim (Roberts) Pittman, at her house; he leaves his business card.

Duke Deputy General Counsel Kate Hendricks sends Nifong a letter offering to assist him in interviewing Duke administrators whom the lacrosse players had confidentially given information about the incident.

Duke Provost Peter Lange sends Prof. Houston Baker a letter criticizing Baker’s March 29 statements blasting the lacrosse team and the university. “I cannot tell you how disappointed, saddened and appalled I was to receive this letter from you…,” Lange writes.

CrimeStoppers issues a news release about Mangum’s allegations:
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....”

Cash rewards are offered for information. CrimeStoppers coordinator Durham PD Cpl. David Addison wrote the release.

Travis Mangum, Crystal’s father, is interviewed on MSNBC by Rita Cosby and claims his daughter had identified three attackers.

Durham PD Sgt. Mark Gottlieb helps prepare PowerPoint photo line-up of lacrosse players using photos taken March 23 pursuant to NTIO.

TUESDAY APRIL 4: Durham Police hold photoID session with Mangum using PowerPoint photo line-up. No fillers are included, just Duke lacrosse players. Session is led by Gottlieb and is videotaped. Mangum picks out four players (David Evans, Collin Finnerty, Reade Seligmann, and Matt Wilson) as her attackers. Mangum remembers details she could not remember earlier, suggesting she had been “coached” with party photos in the hands of the police.

Nifong receives a telephone report from SBI showing no DNA evidence linking the lacrosse players to Mangum. He directs Inv. Michelle Soucie to find another lab for more detailed tests. Nifong is briefed on the photoID session by Gottlieb and Soucie.

Gottlieb talks on telephone with VP Aaron Graves of Duke public safety.

Capt. Jeff Lamb and Lt. Michael Ripberger of Durham PD District 2 ask Gottlieb to prepare a timeline of events for City Manager Patrick Baker.

A New York Times reporter writes an article about Collin Finnerty’s involvement in an incident outside a bar the previous year in Georgetown. The article, published April 5, makes Finnerty appear to be violent and anti-gay. The Durham Police may have been a source in an effort to smear Finnerty.
Mangum’s father Travis says in an interview that when he saw his daughter the day after the party, her eyes and face were swollen, her arms were scratched, and she was complaining about pain in her leg. He says she told him she had danced at a party and someone hit her. The next day, she told him she had been raped.

WEDNESDAY APRIL 5: Gottlieb organizes police canvass of neighborhood around 610 N. Buchanan party site.

Vulgar private e-mail sent March 14 by Ryan McFadyen (parody of “American Psycho”) made public, igniting a firestorm; McFadyen suspended by Duke.

Coach Mike Pressler resigns under pressure as Duke lacrosse head coach. Duke AD Joe Alleva tells him “it’s not about the truth.”

Lacrosse season cancelled by Brodhead.

Brodhead introduces committees assigned to examine the administration's response to the incident, the lacrosse team's culture, campus culture and two other issues.

Levicy turns over to Himan handwritten nursing notes purporting to give Mangum’s story as told to her on March 14, as well as portions of the SANE report which Levicy had amended after March 14. Himan also receives rest of Mangum’s medical records from Duke, which had been subpoenaed March 21.

Nifong petitions Judge Ronald Stephens in a secret motion prepared by ADA David Saacks to allow testing of rape kit specimens by DNASI. The motion is granted.

Computers taken during the search of 610 N. Buchanan are turned over to
Durham PD Computer Forensics Lab.

Nifong leaves for District Attorney Conference in Florida through April 7.

THURSDAY APRIL 6: The “Listening Statement” is issued by 88 Duke faculty who come to be known as the “Group of 88.” The statement appears as an ad in the Chronicle. The ad is signed by 15 Duke departments and programs.

Duke women’s lacrosse coach Kirstin Kimmel warns Brodhead about in-class harassment being faced by lacrosse players; he discounts her concerns.

Brodhead declines to review exculpatory evidence offered by defense attorneys for the players.

Brodhead meets with NAACP officials including Rev. William Barber. Afterwards, Barber calls for a quick and complete investigation.

Himan interviews Mangum and Jarriel Johnson, her “driver,” about her whereabouts prior to the lacrosse team party. She had been at 3 hotel rooms and a strip club the weekend before the party.

Mangum provides her first written statement about the incident. The five-page handwritten statement contradicts her earlier accounts in numerous important ways.

Jarriel Johnson gives a written statement confirming he had driven Mangum to several engagements at hotel rooms the weekend before March 13.

Himan evades questions from defense attorneys whether the photos obtained from the NTIO had been used in an identification procedure, even though he knew about the April 4 session.

SBI transfers specimens to DNASI for Y chromosome DNA analysis.

Durham PD gives a briefing to City Manager Patrick Baker.

Defense counsel send Nifong a Demand Letter asking for results of all DNA testing.

Nifong offered exculpatory evidence by defense counsel but he refuses to examine it.

WRAL and other news outlets report Mangum tried to run over a sheriff’s deputy during a car chase in 2002. Woody Vann, her attorney for that case, says she apologized, paid a fine, served jail time, and had been on probation.

Defense attorney Joe Cheshire tells media that the March 14 911 call was made by the second dancer (Kim (Roberts) Pittman). He also says lacrosse players were angry about paying money for a dance lasting about 3 minutes, but there was no assault.

FRIDAY APRIL 7: DNASI extracts DNA from Mangum’s panties and swabs from her rape kit for additional tests.

The SBI gives Nifong the final results on its forensic DNA work on Mangum’s rape kit specimens, as well as the towel and false fingernails seized during the search of 610 N. Buchanan.

Duke Board of Trustees President Robert Steel issues a statement:
“The trustees of Duke University have been in active conversation with President Brodhead and the university’s senior leadership since the outset of the controversy involving the men’s lacrosse team. We appreciate the constancy of President Brodhead’s responsible leadership at a time when the facts are not clear and emotions run high…”

Gottlieb sends out another message to the Trinity Park listserv asking for any information about the party on March 13-14.

SATURDAY APRIL 8: DNASI begins Y chromosome DNA analysis on Mangum rape kit items. DNA from panties and rectal swab does not match any of the lacrosse team, but does show profiles of at least 4 other men.

SUNDAY APRIL 9: DNASI continues DNA analysis over the weekend.

Defense attorney Bill Thomas reveals the existence of photos taken at the March 13-14 party. The photos show Mangum was impaired and already had minor scratches.

MONDAY APRIL 10: Defense attorneys hold news conference to reveal no matches were found by SBI in DNA testing of lacrosse team. (Nifong had SBI final report on April 7 and withheld it from attorneys). They also confirm that time-stamped photos exist showing Mangum was impaired at the party.

Nifong, Gottlieb and Himan travel to DNASI to receive results of DNA testing from lab director Brian Meehan and lab president Richard Clark. They are told that there is DNA from at least 4 males in the rape kit specimens, but none match the lacrosse players.

Nifong in an interview with CBS claims defense attorneys are misrepresenting the SBI results.

Himan opens sealed letter (supplemental report) dated April 9 from Sgt. John Shelton, the first Durham police officer to see Mangum early on March 14, which casts doubts on Mangum’s allegations.

Photographs from the party are published in the News & Observer.

Rev. Jesse Jackson announces that he and his organization will offer Mangum a scholarship to finish her education. He says he hopes she will never again have to dance "to survive.”

Mayor Bill Bell asks Nifong not to attend a forum on the case at North Carolina Central University the following day. Nifong agrees but later changes his mind.

TUESDAY APRIL 11: Nifong, Mayor Bell, and Deputy Police Chief Ron Hodge attend the NCCU forum, where arrests are demanded by the crowd of over 700. Afterwards, Hodge makes a comment about the strength of the evidence.

Nifong meets with Mangum; Gottlieb, Himan, and Lt. Ripberger were also present. Nifong later insists they only talked about procedural issues and not facts of case.

Nifong decides to go ahead with indictments of Reade Seligmann and Collin Finnerty, two of four players Mangum had identified in the April 4 ID session as her attackers.

Himan goes to UNC Hospital and receives Mangum’s medical records which verify her drug-seeking behavior.

Himan talks to Brent Saeli (a Duke student not on the lacrosse team) on the telephone; he confirms he was at the party but left with another student Blake Boehmler and a lacrosse player.

A background check by the Durham PD reveals Mangum’s earlier arrests.

Durham PD Cpl. Addison amends the CrimeStoppers news release which had called the incident a “horrific crime” and Mangum the “victim” to more neutral terms.

WEDNESDAY APRIL 12: Nifong prepares indictments against Seligmann and Finnerty; he asks in a motion that the indictments be sealed until they can be arrested.

By waiting to arrest until after indictments Nifong avoids a probably cause hearing.

Himan asks, “with what?” evidence, in a meeting with Nifong about the indictments. They are still unsure as to who was at the party, especially Reade Seligmann.

Nifong confirms in a fax to defense counsel his obligation to provide a written report of DNA test results.

At a DA candidates' forum, Nifong vows, "I am not going to allow Durham's view, in the minds of the world, to be a bunch of lacrosse players from Duke raping a black girl in Durham."
An interfaith vigil is held on the Duke campus.

THURSDAY APRIL 13: Phony e-mail is sent through Breck Archer’s Duke e-mail account stating he was going to police tomorrow to tell them all he knows.

Gottlieb speaks on the phone with a U.S. Attorney in DC to seek information about Finnerty’s assault case there.

Gottlieb and Himan meet with Duke Dean of Students Sue Wasiolek and Kate Hendricks the Duke deputy counsel.

Gottlieb and Himan get access to Duke dorms from the Duke Police in attempt to question team members about who was at party. They spend 75 minutes at Edens improperly trying to interview lacrosse players, although they did not have a warrant and knew the players were already represented by counsel.

A police tape from March 14 is released. The officer (later revealed to be Sgt. John Shelton) says of Mangum, “She’s just passed-out drunk.”

ABC News says an unidentified cousin of Mangum claims Mangum does not feel her claims are being taken seriously because she is an “exotic dancer.”

About 50 students attend a forum on race relations on the Duke campus.

FRIDAY APRIL 14: Himan expresses concerns about indicting Seligmann due to insufficient evidence Reade was at the party. In a conference call with Ripberger, Lamb, and Gottlieb, Nifong tells them that if they believe Mangum’s identification of Finnerty, then they should believe her ID of Seligmann.

Nifong meets with defense attorneys Wade Smith, Butch Williams, and Bill Thomas. They offer to open their files and seek dialogue; Nifong declines.

Himan calls defense counsel still seeking information as to who was at the party.

SATURDAY APRIL 15:

SUNDAY APRIL 16: Himan receives alibi information from defense attorney Samantha Ekstrand.

MONDAY APRIL 17: Reade Seligmann and Collin Finnerty are indicted in a sealed indictment by a Durham County grand jury after hearing testimony from Gottlieb and Himan.
Nifong downgrades second dancer Kim (Roberts) Pittman’s bond from a previous arrest to unsecured status, keeping her out of jail. Defense attorneys later accuse Nifong of giving her special treatment in exchange for changes in her testimony.
Brodhead, Mayor Bill Bell, and Chancellor James Ammons of NCCU issue “Community of One” statement calling for unity.

About 250 students at NCCU rally in support of Mangum.

Duke AD Joe Alleva reveals that fired lacrosse lcoach Mike Pressler had been warned about the behavior of his team by Duke VP Tallman Trask the previous year.

TUESDAY APRIL 18: Seligmann and Finnerty are taken into custody on charges of rape, kidnapping and sexual offense. They are released on $400,000 bail.

Search warrants are executed by Durham PD on Seligmann’s and Finnerty’s dorm rooms at Duke.

Nifong states in a press release authorities are trying to identify a third perpetrator.

City Manager Baker defends Durham PD questioning of lacrosse players already represented by counsel in Duke dorms on April 13, calling it a “knock and talk.” He confirms Duke Police knew about it in advance.

WEDNESDAY APRIL 19: N&O publishes article saying friends, former team mates, and neighbors of Reade Seligmann vouch for his good character and do not believe he committed the alleged rape.

Kim (Roberts) Pittman sends e-mail to public relations firm seeking to capitalize on case.

The “Abrams Report” makes public the time-stamped photos taken at the party on March 13-14.

THURSDAY APRIL 20: Taxi driver Moez Elmostafa gives a sworn affidavit stating he drove Seligmann and another player from the party on March 14 to an ATM and a restaurant before dropping them off at their dorm, corroborating Seligmann’s alibi.

Brodhead announces the steering committee of the Campus Cultural Initiative. Dean Robert Thompson is chair and VP Larry Moneta vice chair.

Brodhead speaks to the Durham Chamber of Commerce and mentions the lacrosse incident. “If they didn’t do it, whatever they did was bad enough.”

Pittman gives an interview to the Associated Press in which she says “somebody did something,” again changing her account of the party.

Durham police call WNCN-TV, NBC-17, requesting photos of the party that were broadcast on television.

The search warrant for Collin Finnerty’s dorm room is released publicly.

FRIDAY APRIL 21: Nifong, Gottlieb, Himan, Meehan and Clark again meet at DNASI. The YSTR DNA results do not show any matches between Mangum’s specimens and the DNA of the players. They agree to produce a report which omits key exculpatory DNA results showing DNA from other males.

Details of the April 4 photoID session by Mangum are made public by WRAL and other news outlets.

The search warrant for Reade Seligmann’s dorm room is released.

Seligmann’s alibi information is given to the media, including cell phone records, ATM records and photographs, charge records and information on taxi ride. Nifong refused Kirk Osborne’s offer of this information and to meet.

SATURDAY APRIL 22: Brodhead addresses alumni group; attacks media for promoting “hysteria” and “simplifications” about the incident.

Nifong falsely tells the press that the results of the second round of DNA tests will not be available until May 15, according to a 4/24/06 Chronicle article.

SUNDAY APRIL 23: N&O runs article “Amid Legal Chaos, Duke Lacrosse Program Faces Uncertain Future.”

MONDAY APRIL 24: Himan interviews cab driver Moez Elmostafa, who gives a written statement about driving Seligmann on March 14. Elmostafa denies he had been paid off by Phil Seligmann, Reade’s father, to give his alibi information.

Defense attorney Kirk Osborn files a motion to obtain Mangum’s medical, educational and criminal records.

Nifong says he plans to reinstate misdemeanor charges against a half-dozen lacrosse players, saying their March 13 party broke earlier deals made with prosecutors. Dave Evans is among the first to have his charges reinstated. The various charges include noise violations, public urination and alcohol violations.

TUESDAY APRIL 25: Granville County NC authorities state that Mangum told Creedmoor police 10 years ago she was raped by three men when she was 14. None of the men were charged.

Finnerty is ordered to stand trial in July on misdemeanor assault charges stemming from the 2005 incident outside a Georgetown bar in D.C. He had been on probation but prosecutors claim his arrest in the lacrosse case invalidated his parole.


Candidates for DA Nifong, Freda Black, and Keith Bishop attend a public forum one week before the primary election. Nifong blames lacrosse defense attorneys for trying the case in the media.

WEDNESDAY APRIL 26:

THURSDAY APRIL 27: Creedmoor police chief confirms that Crystal Mangum had accused three men of rape in Creedmoor in August, 1996.

Unnamed lacrosse players tell ESPN there was an argument about money at the party but no assault.

Nifong says he will not have a third indictment ready for the grand jury that meets May l, the day before the primary election.

FRIDAY APRIL 28: Brodhead issues a statement on the planned New Black Panther Party demonstration set for May 1:

“Exams Week begins on Monday. This is a period of considerable stress for our students, especially following the already stressful events of the past several weeks. We will not let the safety of our campus be jeopardized, nor will we allow our students’ lives to be disrupted.”

Nifong issues a statement that Mangum’s previous allegations of rape in Granville County in August 1996 would not affect the Duke case because of the rape shield law.

Durham PD re-interviews Brian Taylor, Mangum’s driver the night of the party. Taylor, who had been interviewed previously on March 21, is asked for first time for an estimate of their time of arrival at the party.

SATURDAY APRIL 29: The Creedmoor police report from 1996 containing Mangum’s previous charges of rape is published. There are no hospital records to confirm the allegation.

SUNDAY APRIL 30: The N&O profiles Gotttlieb and Himan “Veteran sarge, novice detective.” The profile is positive, although it does mention “Gottlieb has taken on Duke students before…”

Another N&O story exposes deficiencies in the April 4 line-up and other police practices:
“Durham City Manager Patrick Baker said he expects police investigators' every step to be second-guessed.

"They have my full confidence," Baker said. "I am satisfied with the direction of this case."

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/

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

Ben Himan’s State Bar Deposition:
http://www.wral.com/asset/news/local/2007/06/27/1538997/1182974221_BenjaminHimanDeposition.swf

Mark Gottlieb’s Timeline for City Hall
http://www.newsobserver.com/content/media/2007/10/3/Timeline.pdf

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

News & Observer Chronology
http://www.newsobserver.com/news/crime_safety/duke_lacrosse/story/560129.html

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

CBS News Chronology
http://www.cbsnews.com/elements/2006/04/19/in_depth_us/timeline1515358.shtml

AP Chronology
http://nbcsports.msnbc.com/id/18054818/

Search Warrants for Finnerty & Seligmann Dorm Rooms
http://news.findlaw.com/hdocs/docs/duke/ncduke41806sw4.html

Wikipedia Timeline
http://en.wikipedia.org/wiki/2006_Duke_University_lacrosse_case

April 30 N&O Article Profiling Gottlieb & Himan
http://www.newsobserver.com/news/crime_safety/duke_lacrosse/story/434144.html

April 30 N&O Article Exposing Line-up Deficiencies
http://www.newsobserver.com/news/crime_safety/duke_lacrosse/story/434410.html

Sunday, July 19, 2009

Troubles with the LieStoppers Meeting Forum

We are having problems accessing the forum. Our moderators are working on this issue and we will keep you updated.

Baldo

Note! 4:33 pm EST - The Board is back up!

Thanks for everyone's concern

Friday, June 19, 2009

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

Wednesday, June 03, 2009

The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro

A new book on the Duke Lacrosse Case has been published that looks at the comparisons between what happened in Durham in 2006 and the Scottsboro Case in 1931. Author R. B. Parrish covers the documentary evidence and the attempted railroading of the 2006 Duke Lacrosse Team.

It is available at Amazon or at your local bookstore.

The Duke Lacrosse Case: A Documentary History and Analysis of the Modern Scottsboro

ISBN-10: 1439235902ISBN-13: 978-1439235904

Hat Tip: Quasi

Tuesday, May 26, 2009

Pac Listservers , Durham PD, and Cpl Addison

In our preceding article we introduced Durham PD’s Pac Listservers

Durham’s Partners Against Crime

The Partners Against Crime program promotes collaboration among police officers, Durham residents, and city and county government officials to find sustainable solutions to community crime problems and quality of life issues. It is a community based volunteer organization that promotes and executes safety strategies to prevent crime at the neighborhood level. Each of Durham Police Department’s five police districts has a PAC organization that holds monthly PAC meetings. Durham PD Web Site

More than just a neighborhood listserver the Pac system is divided into five districts throughout Durham. The Durham Police regularly monitor the system for information, post crime reports, and use it as a method of dissemination to reach list members. Former Police Chief of Durham Chambers twice posted explanations of police policy and actions. The City of Durham’s Office of Public Affairs also regularly uses it for Press Releases.

The Pac program started in 2000 with the Pac2 and gradually added the four other police designated districts. Currently Pac2 has over 900 members and the total Pac list(1-5) contains over 2200 members. Pac2 is the dominant list and it senior members are influential in the community and have the stated purpose to improve Durham and fight crime. Some of them are moderators of the neighborhood listservers and some are members of the Durham Roundtable which is an organization of 13 members dedicate to improving Durham by watching over the court system.

In our earlier article “From Wall of Silence to Community Uproar” we detailed how on March 24, 2006 Durham PD Cpl Addison started a series of newspapers interviews and TV appearances which shocked the community with the allegation, stated as fact, a sexual assault happened at 610 N. Buchanan and the 2006 Lacrosse Team was responsible.

John-In-Carolina has an informative series of posts called the Addison Series 1-5. It traces Addison's actions. JinC

As the accusations exploded in the local newspapers and on TV, the listservers around Duke naturally became a forum for members upset about the allegations. They were reacting on the false premise that the sexual actually did happen, that there was an exam at DUMC which proved it, and the team was hiding behind a wall of silence. Posters were incensed at the Team, their parents, Coach, and Duke whom they accused of a cover-up by its inaction. Some of these members complaining were Duke Faculty members.

March 28, 2006

March 28 was a busy day for the City of Durham, the DPD, and DA Nifong.

The Police released the two 911 calls but claim they didn’t know who made the calls. They did!

Mayor Bell Bell said "I suggested that I think they should cancel the rest of the games for the rest of the season. I think that, in itself, would make a statement -- not only to the persons involved, but to the community." WRAL

Coincidentally the investigation suffered the worst blow. SBI Labs informed Officer Himan and DA Nifong that there would be no match between the SANE KIT and any of the Lacrosse DNA swabs because the quick and simple test for semen found nothing. There was nothing to test. For most DAs and Police Investigations it would have meant they were heading in the wrong direction and rhetoric should have been racketed down. No DNA meant her allegations were obviously unprovable and surely no jury would ever convict.

It is alleged in the Ekstrand complaint Senior Durham City Officials, Durham Senior Police Command, and Duke representatives were informed that DNA results didn’t support the accusation of sexual assault and the investigation was in trouble as the false accuser had also failed two ID attempts. Sgt Gottlieb in his depositions said the investigators were briefing those Senior Officials and there were too many meetings to remember.

Unbelievable in the midst of this exculpatory evidence DPD’s Cpl Addison would post the following message to all Pac Servers and label it,

"Hi Priority" with e-mail cc to 34 local media members.

Over 2000 individuals would receive this directly from Cpl Addison in their in-boxes or user groups.

Addison Message

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.

Durham CrimeStoppers needs your assistance in solving this case. Although, we have received many calls expressing concerns and anger about this incident, we have not received any calls which will allow us to assist in resolving this case. We are extending our plea for information and help to our Duke family, who are also part of our community.

We are asking anyone who has any information which will allow the Durham Police Department to make an arrest in this case, please contact Durham CrimeStoppers at 683-1200. Please feel free to email me at david.addison@... with any information. Please use an anonymous email account. Durham CrimeStoppers will pay cash for any information which leads to an arrest in this case.

"There is no den in the wide world to hide a rogue.... Commit a crime and the world is made of glass"
Ralph Waldo Emerson, Essays

Corporal David Addison
Durham CrimeStoppers Coordinator
Durham Police Department
505 W. Chapel Hill Street

The media recipients were well known columnists and reporters of the News-Observer, Durham Herald-Sun, and local Radio/TV stations. It was a virtual who’s who of the Triangle media community. Coupled with what was alleged to have been said “off the record” it would have supported the false accusations and made it difficult for reporters to provide some opposite perspective to the PD’s campaign of misinformation. No reporter wanted to fight the tide by saying the accusations were baseless, especially when DA Nifong was going “off the record” spreading falsehoods about an exam report which he had never read.

The question remains of Cpl Addison as to whom was he obtaining his information from and was he taking orders? Did it have anything to do with the Police being informed there would be no DNA match? Why was he doing this now when the investigation was in trouble and it looked like a false accusation? This message stated it as fact a sexual assault had occurred.

Additional follow up messages

Addison would not just send this out once, but he would repeat it four more times.

Mon Apr 3, 2006 2:26 pm Message # 1077 (He sends this same message without any changes.)
Mon Apr 10, 2006 8:16 am Message # 1092 (Finally adds Alleges to the accusation)
Mon Apr 10, 2006 8:34 am Message #1094 (Same as above but explains it was at the request of the PD)
Tue Apr 18, 2006 12:48 pm Message # 1106( Same as 1092 above)

Five times he posted this to all of the Pac listservers, not just Pac2, but to all of the police designated districts. Why would he repeat this four more times when he never did that before with Durham's Crimestoppers?

Again as with the Trinity Park listserver these posts had their effect of inciting the community against the Lacrosse Team and backing up the false allegations. The listservers were adamant that something must be done to the Lacrosse Team.

Sgt Gottlieb posts again

Sat Apr 8, 2006 4:31 pm
April 7, 2006
Residents in the neighborhood of 610 N. Buchanan:

The Durham Police Department is continuing its investigation of a sexual assault reported on March 14, 2006. The time period the assault took place at a party at 610 N. Buchanan was from approximately 11:30pm on March 13, 2006 to approximately 12:30am on March 14, 2006. If anyone heard or saw anything unusual in the area please contact the Durham Police District 2 Violent Crimes Investigations Division at (919) 560-4582 and speak to either Sgt. M. Gottlieb at ext. 228, or Inv. B. Himan at extension 229. Durham CrimeStoppers (919) 683-1200 will pay cash for any information leading to the arrest and conviction of any suspects.


You will note that in Sgt Gottlieb's & Cpl Addison's posts they mention 610 N. Buchanan specifically. Early in the formation of the Pac2 listserver debate was raised about the fairness of identifying specific addresses and the conclusion was reached to just use a block address. However both Sgt Gottlieb & Cpl Addison specifically referred to 610. N. Buchanan in all of their posts.

April 10 SBI DNA Release starts to quiet the Mob

With the public revelations of the SBI DNA results by the defense attorneys in front of the Durham Courthouse the list servers started to calm down. DA Nifong was not happy with the defense attorneys for that.

However even the most ardent followers could see the case was very weak. But that didn’t stop Cpl Addison from posting again his allegations. Had the DPD released the DNA exculpatory information when it was known in late March the results would have been much different. The "torches and castrate signs" would have been discarded.

Some would continue on with the ridiculous idea they left nothing behind, but the era of the “lynch lawing” had effectively ended the debate on the listservers. Science was trumping false PR.

However the DPD, City of Durham Officials, and DA Nifong had already done their damage by spread their lies to a local and national audience.

More nefariously the Court, Defense Attorneys, the three defendants, and the general public wouldn't learn until Dec 15, 2006 in testimony on cross examination that Dr. Meehan of DNASI had found multiple non Lax DNA in the false accuser’s swabs with no Lax DNA, and DA Nifong, Sgt Gottlieb, and Inv Himan were made aware of that on April 10, 2006.

Conclusion

In reading the listservers what is noticeable is the absence of regret once the case fell apart. This was to be highlighted after Innocence Day, April 11 2007 with NC AG Coopers declaration that no sexual assault happened. For the most part it was dead silence.

Perhaps it is just human nature and we all join bandwagons, but the 2006 Duke Lacrosse Team deserves an apology from those in charge of the listservers of Durham, especially those who posted against them. As we have said some posters warned others what was happening was wrong and the tepid response was to add an “alleged” to their posts, but it seemed more like CYAing than true innocent until proven guilty.

The Pac2 Listserver was indeed being used as an arm of the Durham PD. Their Officers were posting false and malicious information. 2000 Durham citizens received this with 34 media members being notified by Cpl Addison as Hi Priority. Obtaining a fair trial would have been difficult with so much pretrial publicity by the Police.

As noted earlier these Pac district activities are supported by federal government grants. This should be examined to see if Federal statutes were violated, especially under “MAKING FALSE PUBLIC STATEMENTS IN VIOLATION OF 42 U.S.C. § 1983.”

One Lone Poster Speaks Up

Finally a Durham citizen had this lone remark on Innocence Day April 11, 2007 posted to Pac2

"This afternoon the charges were dropped against the remaining Duke Lacrosse players. Remember how this list-serve (and all of Durham) exploded with the news when the charges were first announced? And now, silence.... I hope that anyone who immediately convicted the Lacrosse players after last year's charges takes some time to reflect on today's dismissal of those charges. As difficult as it can be, part of our job as citizens and certainly as "partners against crime," is to try to stay fair-minded and to try to keep thinking of people as innocent until proven guilty, just as we all hope will happen to us if we're charged with a crime. At this point it appears that the biggest crimes in the case were committed by our district attorney. Ugh.... That, of course, remains to be seen."

Sunday, May 24, 2009

The Listservers of Durham, the Durham PD, and how they promoted the Hoax

What is a Listserver?

It is an electronic mailing list, which uses email and/or social media websites such a Yahoo, Google, or MSN groups for widespread distribution of information to selected Internet users. It is similar to a mailing list kept by an organization for sending information to its members or customers. It differs in that what is posted is sent to all members of the list through a centralized internet account and individual members messages are posted for all to see. These lists are formed around a central topic, whether it is a neighborhood, a hobby like cooking, or political issues. There are tens of thousands of these available to Internet users. In some respect it’s a big chat room for a group which is usually led by a group of dedicated posters with many members just reading the posts.

From Wall of Silence to Community Uproar

In our earlier article “From Wall of Silence to Community Uproar” we reported on the role that the Trinity Park Listserver played in spreading the misinformation that the players were hiding behind a “Wall of Silence” and that evidence existed that crime had been committed. Over those first few weeks these two falsehoods were spread against the 2006 Duke Lacrosse Team. It contributed to an atmosphere of prejudgment against the Team.

Since that article we have searched through Durham’s Listservers. Our efforts were to examine whether these Listservers were used by members of the Police Department, Duke University, and individuals to incite the community against the innocent members of the Duke Lacrosse Team. We also wanted to see the extant of these messages and just who was sending them.

Our conclusions were the Durham PD played a much larger role in providing a forum then we ever imagined.

On the Durham Listservers the Hoax became an event for activism and self-interest along with serious concerns the allegations were true. It quickly becomes apparent in reading the posts that for many it wasn’t about whether a crime was committed. It was just assumed it was by far too many. Posters were quick to post any and all negative media stories no matter the credibility. They also gave personal opinions and agendas took over. It became an issue for personal animosity against Duke and their students, merged with complaints about students partying, and mantras of race-gender-class being affirmed. This was best summed up by a student at the time

“It seems as if some protesters of the situation surrounding the Duke lacrosse team are concerned primarily with obtaining "concessions" from the Duke administration and advancing a radical social agenda.” Duke News Sense


How this Information was obtained

This series was compiled from the record of Internet posts. Information which was sent from 2003 through 2007. It was posted freely & openly and indeed that was the problem. We asked to join these listservers and were given access to the group’s messages. In some cases it is open for everyone upon an Internet search.

We were shocked by the magnitude of the dissemination of this false information against the 2006 Duke Lacrosse Team during that period.

More than two thousand Durham residents received these postings in their in-boxes and/or users groups. It had deleterious effects on the presumption of innocence we are all entitled under our justice system.

We have deliberately left off the identity of private citizens and their posts except for two messages whose identities are not revealed. One of the first, which was a response to the initial post of the DPD, and the other one of the last after AG Cooper’s declaration of Innocent. It has always been our suspicion these events were orchestrated by members of the DPD and DA’s Office, they didn’t just happen. Private Citizens and Moderators were foolishly reacting to what their opinion leaders in Durham and at Duke were saying, and what the DA & PD were leaking to the local media. Few of the 2200 members of the recipients of the Police message ever post, for most it is a source of information with a limited number of actual posters. Some private posters may have been maliciously trying to foment trouble but that is a judgment we can’t make. They know there true intentions. Most important were the posts of Durham’s Police Department and that is what we concentrated on. We only listed those from active members of the DPD at that time.

What is clear is that Duke University, Durham PD, and the DAs Office failure to communicate honestly what they knew and in some cases their willful misinformation created the upset on the listservers. Posters were initially angry at Duke for not suspending the players for not talking. A charge they didn’t know was false as the Captains had willingly co-operated. They had no idea why the defense attorneys had rightfully told their clients, “they smelled a rat.”

Whatever private citizens were reacting to, does not lessen what individuals did to contribute to this travesty. Some of those posts were offensive, bigoted, and misguided. A few posters warned their fellow members to stop the rush to judgment, but in what became the hallmark of the Hoax in Durham and at Duke, the 2006 Duke Lacrosse Team was guilty Until Proven Innocent as KC & Stuart’s book title aptly states.

Our focus remains on those officials in positions of power who misuse their authority and public trust and those that were providing this forum. This information is still available to the user groups members. What is ironic is this false information was spread by use of the Internet and in the end it provides a record of itself, something we doubt the Hoaxsters really understood at the time.

Durham is a wired community

Durham has many listservers dedicated to individual neighborhoods. Most of those are concerned with local affairs; a missing cat, yard sale, extra concert tickets, notification of events, betterment of their neighborhood, and dissemination of Neighborhood Association minutes. All pretty mundane stuff only of interest to locals. They serve a valuable purpose of neighborhood identity and pride.

At times, some of these listservers become venue of debate for political issues, especially relating to the Duke University, City Hall, and Crime. Durham’s Affairs are dominated by Duke with it’s over half of its 40,000 employees living in Durham. Many of the posters work at Duke or work with Duke Medical Center and it’s impossible not to be effected by those institutions in some matter. Group Moderators, to varying degrees, try to “moderate” posters from taking over the boards with personal agendas and act as censors at times warning posters. For the most part they are successful. However in the spring of 2006 a few moderators failed to rein in posters, and in some cases they were encouraging it by posting themselves and being part of the coverage in the media.

One of the most popular formats used with Listservers in Durham is “Yahoo Groups”.

In Durham there are well over a dozen of these which cover neighborhoods and districts. Duke University is surrounded by neighborhoods and with the wired community each has its own list-server.

Some of these groups are issue oriented such as Durham Responds which was started by Sam Hummel,who was then Duke’s Environmental Sustainability Coordinator. It served as the home of the pot-bangers and coordinated protests for activists at Duke and in Durham. That list has been covered before and we already knew the mindset of those who unfurled the banner of “Castrate!”

Sgt Gottlieb and the Trinity park Listserver

Initially many first learn about the allegations of sexual assault from the Trinity Park Listserver which serves the Trinity Park area where 610 N. Buchanan is located.

On March 17 2006 Sgt Gottlieb sent out this e-mail to the Trinity Park user group which contained just over 600 members at that time. It now has over 1000.

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.

Sgt. M.D. Gottlieb
Durham Police District 2 Investigations


Sgt Gottlieb declared they were investigating a rape at 610 N. Buchanan. What the members of the user group did not know is he did this despite his knowledge that the initial investigator was going to drop the case, the responding officer thought the accuser was lying, and PD had not run the SANE Kit taken at DUMC. In fact it is doubtful he had the actual medical reports from that night. The SANE KIT evidence would later prove no sexual assault happened contrary to the “investigation” of Sgt Gottlieb & Investigator Himan who most likely did not reveal those exculpatory facts to the Grand Juries that indicted the players nor DA Nifong who hide it from the Defense attorneys and the Court for eight months.

Sgt Gottlieb also left off that the residents at 610 N. Buchanan, captains of the Lacrosse team had given statements freely without counsel, offered to take polygraphs, and had given DNA samples. Later we would find out at the Disbarment Hearing of Former, Disbarred, and Disgraced DA Nifong that Dave Evans had given an accurate account of the party. In fact Sgt Gottlieb on March 17 had just finished with those interviews which went late into the early morning. He had the truthful version yet chose to send out an e-mail that a rape had happened. From the start there was no “Wall of Silence” just the withholding of crucial exculpatory evidence from the public.

The post alerted New-Observer's Crime Reporter Samiha Khanna who would later say on a Laxcast broadcast that is how she found out . One TP member responded “.. we expect these disgusting people leave our neighborhood.” The propaganda against the team had begun. It wouldn’t go into full swing until the accusations reached newsprint and TV a week later and be seen in the Castrate sign in front of 610 with chants to “get out of Town!”

The Importance of Pac2 Listserver , DPD, and the Hoax

What we discovered was Trinity Park wasn’t the only user group to which Sgt Gottlieb sent that March 17 message. He also posted it to PAC District 2 which is list from Partners Against Crime. It is a quasi police/community user group. The Durham Police divide Durham into five crime districts and is actively involved in these five yahoo user groups.

Partners Against Crime (PAC2 Listserver)

This is a listserver organized by Durham Police Department District 2 (includes Trinity Park, Trinity Heights, Walltown, Old West Durham,Watts-Hillandale
Duke Student Housing Newsletter


Partners Against Crime Organization from the Durham PD web site

The Partners Against Crime program promotes collaboration among police officers, Durham residents, and city and county government officials to find sustainable solutions to community crime problems and quality of life issues. It is a community based volunteer organization that promotes and executes safety strategies to prevent crime at the neighborhood level. Each of Durham Police Department’s five police districts has a PAC organization that holds monthly PAC meetings. Durham Police Web Site

In particular the Pac2 Listserver serves as the main focal point for crime reporting and discussion around Durham and the neighborhoods around Duke University. It is more than just a listserver.

Working with the Partners Against Crime are two community officers who are resources for a problems that cannot be resolved by calling 911.

The Community Liaison Officer is here to listen to your concerns about your community. This officer will assist you in finding resources to combat the problems that are your concerns. Problems involving recurring illegal activities and unsatisfied interaction with law enforcement.

The Crime Prevention Officer is here to help you organize your community in such way that it becomes harder for crime to persist within the community. Through the Neighborhood Watch Program this Officer will help educate the community at the block level about the best techniques to deter crime and create an active collaboration with the police
. Yahoo Pac2 Web Site

Sgt Gottlieb and other Police community police officers like Cpl David Addison were frequent posters to these lists and promoted themselves as guardians of the community. Addison was spotlighted in a Herald-Sun article by one of the reporters of the Hoax a few months before. In his role of Crimestoppers I/C he was also one of the most prolific posters and had made hundreds of posts (311) reporting on Durham’s criminal matters. Senior Command of the Durham PD did indeed read the list-servers of Durham on a daily basis as witness this post;

25 Aug 2003
I also wish to take a moment to say that I read the PAC 2 list serve daily and use this vehicle to gain valuable insight into the concerns and issues you raise, and to let you know your concerns are heard by the Command Staff and they do have an impact on the decisions and directions of the Durham Police Department.

Lt. John Edward Mozart

Lt Mozart was a Spokesman for the DPD at that time. In 2003 he handled the administration of PAC funds. The DPD funds the five PACs out of a Local Law Enforcement Block Grant. The LLEBG is a federal grant that is given to jurisdictions based on their UCR crimes.

Surely Senior Command Officers of the DPD must have been very aware of the disinformation being spread about 610 investigation.

Soon with reporting of the local media the Durham list-servers would serve as an adjunct to the media to incite the community on a personal basis. Starting March 24 the assault begins.

Next: Pac2 Listserver , Durham PD, and Cpl Addison

Saturday, May 23, 2009

McFadyen - Ross: Scholar All-America Team

Ryan McFadyen and Brad Ross of Duke University were named to the 2009 USILA Scholar All-America Team.

The USILA Scholar All-America Program was established in 1989 to recognize student-athletes from USILA member institutions who have distinguished themselves academically, athletically, and as citizens of their communities. The USILA Selection Committee chooses an overall team representing Divisions I, II and III, and they are recognized at the annual Lacrosse All-America Banquet. Lax Power

Congratulations to them and their proud families.

Hat Tip: Mike Kell

Tuesday, May 19, 2009

Happy Trails to John In Carolina

We met on the Front lines of Melanie’s Blog
While ever the gentleman, John was up to “the job.”
She tried to deter him, she’d ask him to leave
But John ALWAYS had.. “the” response up his sleeve.

And back at his Blog, John was simply the best
At logically calling the Hoaxers to task.
He point out each villain, each twister, each fool.
But at no time whatsoever did John lose his “cool.:”

Among the Hoax bloggers he was ..“Cool Hand Luke”
But relentless in pressing to get at the Truth.
So we shall miss him, and pray he’ll return
(Joan still has a lot about Churchill to learn!)

But we thank him so much for all that he’s done.
Our Comrade, our friend…Carolina’s own John!

Joan Foster

John In Carolina logs off

Saturday, May 09, 2009

Happy Graduation to the Members of the Duke 2006 Lacrosse Team

Today is Graduation Day for Duke University. For those members of the 2006 Duke Lacrosse Team who were freshmen it means the end of a long journey.

Our congratulations to the Graduates and their Families. You deserve this day!

The Duke Chronicle did a retrospective of the Class of 2009. Sally Fogarty, whom I believe is a Lacrosse Mom to two Lacrosse players and Duke Graduate herself, had this comment.

Sally Fogarty
posted 5/08/09 @ 2:35 PM EST

There are members of the mens'lacrosse team who were freshmen four years ago and now graduating seniors. For them, the "Duke lacrosse scandal" brought much more to the forefront than "town gown relations and campus culture." As freshmen,their Coach was fired; their season cancelled; their complete support system dismantled. They had to leave campus every weekend because of threats of drive by shootings and the threats of the Black Panthers. They were harassed by fellow students and humiliated by professors.Posters with their pictures hung all over campus accusing them as rapists or those who supported rapists. Other schools which had heavily recruited them would not reconsider them because they were "radioactive." They had to endure the constant fear that they might be the next one arrested while they suffered tremendously for their friends and teammates, Colin and Reade, and for their coach whom they loved and respected, Mike Pressler.

Critics charge that this was "just one example of an off campus social scene that had spiralled out of control." What about a dishonest, corrupt prosecutor who spiralled out of control and an administration that did nothing to help and support innocent students?

These former freshmen who are now seniors at the very least deserve a line in your article that states that there was no rape; there should have been no scandal; and that the whole thing was handled horrendously.

For all the student athletes and their families who endured this and still are dealing with the aftermath, it was an excruciatingly anxious time when those in the midst lost all faith in truth and justice and authority. It was impossible to fathom that the administration of the university that they had so carefully chosen over many others didn't care enough about them to take even the most obvious and basic measures to learn the truth. The truth did not matter and the truth was unacceptable because the truth did not meet the misguided agenda of political correction.


Addendum: John-In-Carolina has a great post up about the Chronicle's Journalism

http://johninnorthcarolina.blogspot.com/2009/05/dukes-chronicle-gets-journalism-lesson.html



Wednesday, April 22, 2009

Crystal late again, left early, disappointed all


The Serial False Accuser made an appearance tonight at the invitation of three student groups at UNC. The talk was titled

“Cracks in the Justice System: Victims of Money, Media, and Misconduct,”

About 80 folks showed up to see and hear Crystal Gail Mangum talk, about being a victim in both the courts and media. The crowd was courteous and respectful, giving Crystal Gail Mangum va polite welcoming applause even though she showed twenty minutes late. The presentation was a bit of a bait and switch as the sponsoring sorority wanted to discuss other cases that similarly involved mass media reporting of blacks, not just Crystal's hoax. Still, she spoke in a question and answer format that was clearly rehearsed with Ed Clark, her publisher.

Clark lead off the show with a six minute video apparently shot in the spring of 2008 to promote Crystal’s memoir. The video claimed she had been raped and was a victim of media bias and sensationalism. In her video montage she showed pictures of Dr. King and a lynching. I suppose she was trying to equate herself with the civil rights struggle. During the video, two of her drivers were quoted as denying that she was a prostitute. One said he only drove her around five times.

Ed Clark wore his shirt tail out and generally looked like he was about ready to wash the car. Crystal was wearing a pink ball cap, an Old Navy hoodie and jeans. She looked pleasant enough. Though certainly not well dressed.

Ed began the live portion of the show with a short monologue explaining who he was and making the claim that he now handled “crisis public relations for government agencies.” He left without taking questions, so he never answered my question of which government agency he handled PR for. As a matter of fact, I went prepared with 11 pre-drafted questions for Crystal. None of them pertained directly to the lacrosse hoax as the sorority asked. She too left without taking questions, even though she had said she would answer questions.

After the Ed Clark monologue, he introduced Crystal. But, he immediately launched into a vigorous narrative, again rehearsed, about how the CBS show 60 Minutes would not pay for Crystal’s interview and he claimed to have a copy of an email from CBS saying that one of the families had total access to 60 Minutes and they would bury Mike Nifong. He continued on that HBO had been in contact with him about interviewing Crystal and doing a promotion for the book. He then complained that HBO had a line producer call to kill the project. They pushed back the publication date while they hunted for another media outlet for the launch. Then he claimed that the NBC Today Show sent a vice president, and a camera crew to interview Crystal The NBC crew allegedly followed her around North Carolina Central’s campus, talked to her Pastor, family and friends. She gave them a four hour interview where they could and did ask any questions. Clark never disclosed the questions. According to Clark, the “contract” between NBC and Crystal would have her on the Today Show, Dateline, MSNBC and CNBC all on the day the book launched. Again a “line producer,” not the VP or producer they had met, called to tell them the promotion was off and the book launched without a major network availability. After Clark’s recitation of his difficulties launching the book, Crystal Gail Mangum spoke.

She opened immediately by stating unequivocally that she was raped. She did not name names though. She did mention Duke Lacrosse in the same general time frame, but it seemed like they were being careful not to make too close a linkage between the two. She also claimed that she had never been heard. She claimed that on the night she was “raped” she was not on medications.


She claimed that the defense team had her medical records and was taking a whole year’s worth of medications and claimed that she was on them the night of the “rape”. Crystal then described some symptoms of post traumatic stress disorder that she suffered, and closed with a pitch for the book.

Occasionally Ed Clark would prompt Crystal with some questions in what was a well rehearsed presentation. Crystal continued talking about how she felt: dirty, embarrassed, ashamed, not wanting anyone to know, but afraid they all did know she had been raped. She admitted that early in the investigation, she had a lawyer or lawyers advising her, but they were expensive, $150/hour. She also wanted to get psychological treatment, but was afraid to as the defense had access to her medical records. She said she was not sure whom to trust, the Durham Police Department, the District Attorney? She said she felt like she was being made the victim again for something that was not her fault. She said the DPD and the DA let her down.

Then she got to the part of the show where she blamed the media. She said the media, 60 Minutes especially, put on Kim Roberts without “checking their resources.” Ed Clark jumped in to tell how Variety was reporting that HBO had optioned the stories of the various lacrosse books and even some blogs. He wanted to option Crystal’s story to HBO. They refused to buy and told him they were coming to Durham and she could cooperate with their movie or not, but she wouldn’t be paid. Later though HBO, through a line producer, told Clark that they wouldn’t even show the footage and interviews they did in Durham.

Crystal then talked about an interview with Soledad O’Brien of CNN. She said she gave Ms. O’Brien four hours of unrestricted access and answered all her questions. Again, she let a CNN crew follow her around and tape whatever they wanted. She had only nice things to say about O’Brien and her producer and the CNN crew. But again, a “line producer” called to tell her that CNN would not air the interview.

Finally, Ed Clark claimed that the website Daily Beast wanted to feature Crystal Mangum on their launch. That too fell through after a long interview with the site’s host. In case you were wondering, a “line producer” also called to tell Clark and Mangum that the site was launching with another story.

Clark then said the Crystal had the flu and apologized for Crystal leaving early. He never said why she wouldn’t take questions from the audience. The both left through a side door and the sorority sisters moved on to another case. About half the audience left as soon as Crystal Gail Mangum and Ed Clark slipped out the side door.

Walt-in-Durham

copyrighted

Saturday, April 11, 2009

Happy Innocent Day!

Two years ago NC AG Roy Cooper made this statement.

Good afternoon, everyone.

On Jan. 13 of this year, I accepted the request of the Durham district attorney to take over three Durham cases. At the time, I promised a fresh and thorough review of the facts and a decision on the best way to proceed. I also said that we would have our eyes wide open to the evidence, but that we would have blinders on for all other distractions. We've done all of these things.

During the past 12 weeks, our lawyers and investigators have reviewed the remaining allegations of sexual assault and kidnapping that resulted from a party on March 13, 2006, in Durham, N.C.

We have carefully reviewed the evidence collected by the Durham County prosecutor's office and the Durham Police Department. We have also conducted our own interviews and evidence gathering. Our attorneys and SBI (State Bureau of Investigation) agents have interviewed numerous people who were at the party, DNA and other experts, the Durham County district attorney, Durham police officers, defense attorneys and the accusing witness on several occasions. We have reviewed statements given over the past year, photographs, records and other evidence.

The result of our review and investigation shows clearly that there is insufficient evidence to proceed on any of the charges. Today we are filing notices of dismissal for all charges against Reade Seligmann, Collin Finnerty and David Evans.

The result is that these cases are over, and no more criminal proceedings will occur.

We believe that these cases were the result of a tragic rush to accuse and a failure to verify serious allegations. Based on the significant inconsistencies between the evidence and the various accounts given by the accusing witness, we believe these three individuals are innocent of these charges.

We approached this case with the understanding that rape and sexual assault victims often have some inconsistencies in their accounts of a traumatic event. However, in this case, the inconsistencies were so significant and so contrary to the evidence that we have no credible evidence that an attack occurred in that house that night.

The prosecuting witness in this case responded to questions and offered information. She did want to move forward with the prosecution.

However, the contradictions in her many versions of what occurred and the conflicts between what she said occurred and other evidence, like photographs and phone records, could not be rectified.

Our investigation shows that:

The eyewitness identification procedures were faulty and unreliable. No DNA confirms the accuser's story. No other witness confirms her story. Other evidence contradicts her story. She contradicts herself. Next week, we'll be providing a written summary of the important factual findings and some of the specific contradictions that have led us to the conclusion that no attack occurred.

In this case, with the weight of the state behind him, the Durham district attorney pushed forward unchecked. There were many points in the case where caution would have served justice better than bravado. And in the rush to condemn, a community and a state lost the ability to see clearly. Regardless of the reasons this case was pushed forward, the result was wrong. Today, we need to learn from this and keep it from happening again to anybody.

Now, we have good district attorneys in North Carolina who are both tough and fair. And we need these forceful, independent prosecutors to put criminals away and protect the public. But we also need checks and balances to protect the innocent. This case shows the enormous consequences of overreaching by a prosecutor. What has been learned here is that the internal checks on a criminal charge -- sworn statements, reasonable grounds, proper suspect photo lineups, accurate and fair discovery -- all are critically important.

Therefore, I propose a law that the North Carolina Supreme Court have the authority to remove a case from a prosecutor in limited circumstances. This would give the courts a new tool to deal with a prosecutor who needs to step away from a case where justice demands.

I want to thank everyone in the North Carolina Department of Justice. I want to thank our investigators, our SBI agents and especially attorneys Jim Coman and Mary Winstead for their hard work in this


North Carolina Attorney General Roy Cooper
April 11, 2007

Tuesday, February 10, 2009

Sgt. James Regan - We won't Forget


Sgt. James Regan
Army Ranger - Duke Lacrosse
1980-2007
.
The Ranger Creed
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Recognizing that I volunteered as a Ranger, fully knowing the hazards of my chosen profession, I will always endeavor to uphold the prestige, honor, and high esprit de corps of my Ranger Regiment.
.
Acknowledging the fact that a Ranger is a more elite soldier who arrives at the cutting edge of battle by land, sea, or air, I accept the fact that as a Ranger my country expects me to move farther, faster and fight harder than any other soldier.
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Never shall I fail my comrades. I will always keep myself mentally alert, physically strong and morally straight and I will shoulder more than my share of the task whatever it may be. One-hundred-percent and then some.
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Gallantly will I show the world that I am a specially selected and well-trained soldier. My courtesy to superior officers, neatness of dress and care of equipment shall set the example for others to follow.
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Energetically will I meet the enemies of my country. I shall defeat them on the field of battle for I am better trained and will fight with all my might. Surrender is not a Ranger word. I will never leave a fallen comrade to fall into the hands of the enemy and under no circumstances will I ever embarrass my country.
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Readily will I display the intestinal fortitude required to fight on to the Ranger objective and complete the mission though I be the lone survivor.

Rangers Lead The Way!

Please review the Arlington Cemetery Web Site Honoring Sgt James Regan


Sunday, February 08, 2009

Bryant: The D1 Push

Bryant Coach Mike Pressler and Team Captain "88" Zack Greer at Practice


LaxPower has released a video about Bryant University's Lacrosse team transition to Division I. It tells the story of how Coach Pressler came to Bryant University with commentaries from Mike Pressler, Bryant University President Ron Machtley, Bryant AD Smith, and Bryant's Captain Zack Greer.

President Ron Machtley has stinging criticism of Duke University's Rush to Judgment and how they investigated the Duke Lacrosse Case before hiring Coach Pressler.

This is a coach who had been very badly treated... by the board of trustees, by the school in general...one the things that I think is still missing from Duke is the president and the faculty who took out their ad, taking out an equal ad saying, you know, we made a mistake... I’m very critical of the Duke faculty, of the Duke president, for that very reason. This was not the type of decision which should have been rushed to. The president should not have thrown a coach under the bus in order to stop the whirlwind of publicity that was going around this incident." President Ron Machtley

Watch the Video at LaxPower


HatTip: Professor KC for pointing this out on Durham-In-Wonderland

Special commendations to the Producers of the Video at LaxPower