Duke lacrosse files show gaps in DA's case (DukeLax - NandO FINALLY tells the story)

Raleigh News & Observer ^ | August 6, 2006 | Joseph Neff

[abb]

DURHAM - Investigator Michelle Soucie of the Durham Police Department was working the phones the afternoon of April 17, trying to set up DNA tests on evidence in the Duke lacrosse case. A private laboratory in Burlington gave a price, and Soucie immediately contacted District Attorney Mike Nifong.

- snip -

In examining the files Nifong has produced in the case, The News & Observer found that the accuser gave at least five different versions of the alleged assault to different police and medical interviewers and made shaky identifications of suspects. To get warrants, police made statements that weren't supported by information in their files.

- snip -

Much of the district attorney's evidence is contained in more than 1,800 pages of documents he has made available to the defense under a recent state law requiring prosecutors to open their files before trial. Those documents are only part of the evidence that could be introduced in a criminal trial. They do not include information still being gathered or testimony that might occur under oath.

But they offer the most complete picture thus far of evidence in the case that has put Durham and Duke in the national spotlight. The documents -- police notes, court orders, DNA tests, interviews and handwritten statements -- show what the prosecution has learned and how it conducted itself in State of North Carolina vs. Collin Finnerty, Reade W. Seligmann and David Forker Evans, who could face decades in prison if convicted.

[darbymcgill]

Ok.. Here we go...

1:33:55 AM “She -- she’s breathing and appears to be fine, she’s not in distress, she’s just passed out drunk “

2:12:08 AM “Uh, um, yeah call and see if you can’t get somebody close to Charles Street to ride by there and check on them young ‘uns”

2:37:07 AM “She’s uh, on the way to Duke now, and they’re going to get a SANE nurse and start a report, and then uh I’ll let you know where we are at that point” [different voice:] “Allright, you caught up 303?” [original voice:] “That’s your job, Big Daddy

So... she was at Kroger's at least at 1:33, probably still in the car at this time... They had to force her out of the car, she collapses on the parking lot, load her into another vehicle and took her to DA because no one knew who she was...

They took her to DA, found out who she was, that she had been raped and had kids at St. Charles all in a 20 - 30 minute window?

Could be, but makes me say .... hmmmmmm?

[I want to know]

I don't have his email address but I believe (not 100% sure) it is Aaron Beard who has been covering the AP stories.

[Pharmboy]

Where is the FBI to investigate the deprivation of civil rights of the players?

That's a terrific idea...their civil rights were sure deprived by an officer of the court. The US Justice Dept. should ABSOLUTELY investigate. I wonder what The Great One, Mark Levin, and those other two constitutional lawyers who are pretty smart (Coulter and Ingraham) would have to say about that...

[jennyd]

In CW's little world, it's not news. Nothing is.
Unless it helps Precious, I think.

[jennyd]

I am sorry, I don't think LAX ever said that.
I believe the bachelor party claim came from the dancers. Along with numerous other claims.

[CondorFlight]

And now that even the N & O has broken its silence,
maybe the Duke Law professors will find their tongues?

I mean, if the N & O will finally speak, it surely must be safe for the law professors to come out of hiding?

Shall I hold my breath while waiting?

[jennyd]

Don't hold your breath. It's going to take them a long time to dig out of the hole they are hiding in, if ever.

[CondorFlight]

"The US Justice Dept. should ABSOLUTELY investigate"

Picture this : the KKK comes to town in robes and threatens the lives of some defendants. One of them sits in the courtroom in robes and whispers death threats to the defendant. The DA meets in a private meeting with the KKK
head and it is alleged that he makes certain promises to them. The KKK holds rallies and marches through town.

Would the FBI intervene?
(US AG Gonzales would already be in Durham holding a press conference.)

Or picture this : six off-duty white cops beat up a black man, using racial epithets, while other off-duty cops from two cities sit by and watch passively and do nothing. ("Rodney King South").

Does the FBI intervene? Why not?

I'd be interested in their answers. :

FBI field office in N. Carolina :

Special Agent in Charge:
Kevin B. Kendrick

Assistant Special Agents in Charge:

Kenneth Moore,
Robert Clifford

EMAIL
charlotte.public@ic.fbi.gov

"Although the FBI operates 24 hours a day, seven days a week, our normal "walk-in" business hours are from 8:15 a.m. until 5:00 p.m., Monday through Friday. If you need to speak with an FBI representative anytime other than normal business hours, you may telephone the office at (704) 377-9200."

FBI Charlotte
400 South Tryon Street Suite 900
Charlotte NC 28285 - (704) 377-9200 -

Submit a crime tip to the FBI :

https://tips.fbi.gov/

From the Dept. of Justice site :

"E-mails to the Department of Justice, including the Attorney General, may be sent to AskDOJ@usdoj.gov.

E-mails will be forwarded to the responsible Department of Justice component for appropriate handling."
Criminal section of the Justice Dept. Civil Rights Division
(an email sent to the Justice Dept., directed ATTN: to one of the following, might get a better response.

Assist. Atty General Wan Kim

Chief
Mark Kappelhoff

Principal Deputy Chief
David Allred

Deputy Chiefs

Bobbi Bernstein
Kenneth Gibson
Robert Moossy

Special Legal Counsel

Barry F. Kowalski

[Sue Perkick]

Never thought I'd see the day. Hopefully this thing will come apart & take Nifong down with it. Bet he's got that blinking thing going now.

You guy did the work. The N&O will take the credit. But just maybe this will be over for the boys soon.

[ltc8k6]

Wow!

I went away for a week's vacation and look what I came back to....

Nifong is gonna bust a blood vessel when he reads this.

[Locomotive Breath]

The article headlines on 1A (top right hand three of five columns above the fold) and then is continued on 12A (full page - six columns).

On 1A, aside from the text and the Soucie note I mentioned above, there is the file photo of Nifong that's also the main photo on the web site. The last text on 1A is "But they offer the most complete picture thus far of evidence in the case that has put...". The pictures from "More photos" button from the web site appear sprinkled around on 12A. The "What Happens Next" from the web site is also on 12A. The "Any Questions?" appears in the print edition below the "What Happens Next". I'm seeing that the "Any Questions" does not appear on the web site, but it is in the print edition.

[maggief]

I mentioned the same conflict up thread. Somethin' just ain't right!

1:33:55 AM “She -- she’s breathing and appears to be fine, she’s not in distress, she’s just passed out drunk “

2:12:08 AM “Uh, um, yeah call and see if you can’t get somebody close to Charles Street to ride by there and check on them young ‘uns”

2:37:07 AM “She’s uh, on the way to Duke now, and they’re going to get a SANE nurse and start a report, and then uh I’ll let you know where we are at that point” [different voice:] “Allright, you caught up 303?” [original voice:] “That’s your job, Big Daddy

From the N & O: At the Duke emergency room, Sgt. Shelton met again with the woman, who had become cooperative.

[Locomotive Breath]

Well I'm about to go on a week's vacation and may or may not have Internet access. Ya'll hold down the fort.

[maggief]

Thank you for the verification.

Looks like more letters are needed!

From the N & O print edition:

Questions about the case?

Do you have a question about evidence in the Duke lacrosse case? E-mail your question to jneff@newsobserver.com. Include your name and hometown. Our reporters will address your questions and post their answers later this week on newsobserver.com."

[Enterprise]

"To get warrants, police made statements that weren't supported by information in their files."

And from a post a few days ago:

“Medical records and interviews that were obtained by a subpoena revealed the victim had signs, symptoms and injuries consistent with being raped and sexually assaulted vaginally and anally,” Himan wrote.

Himan did not obtain “medical records and interviews” until April 5, and no medical personnel were legally allowed to release details to him prior because of the federal Heath Insurance Portability and Accountability Act.

Defense attorneys add that contrary to Himan’s March 27 affidavit, none of the medical records obtained confirm the alleged victim’s condition as the investigator described.

My questions mirror those of the other posters, but does this not qualify for Federal Criminal and Civil investigatioms for "Violations of Civil Rights Under Color of Authority?"

One can always explain a mistake or misunderstanding, but to obtain arrest/or search warrants by means of false information or perjury certainly must be viewed by any reasonable person as being "beyond the scope" of an officer's duties!

[gopheraj]

mark

[JLS]

I'm still trying to grasp that on the very day he had Collin and Reade indicted, Nifong is telling the cops to find out what Precious did earlier on the day of the party so they could rule out any other causes of her "diffuse edema".

I think that statement is the biggest misconception in the N&O article. The only rational explannation for Nifong's belief was that he first saw Mangum after her pimp gave her the beating she was due for losing the pimp's money that night. I believe the beating promped her visit to UNC and this beating contributed to Nifong believeing Mangum.

Thus I believe those are the injuries Nifong wanted to show did not happen before the lacrosse party. Nifong was rushing ahead based on those injuries and did not have the Duke SANE report so he did not know anything about "diffuse edema" or her lack of injuries that night. He did have a woman saying she was raped who looked to him like she had been beaten up.

Now maybe I am wrong and Nifong was coldly political from the start. But it makes more sense given how dumb Nifong is that he bought a hookers story because she was beat up without figuring out why she was beat up and then got so far out in front that he got stuck politically.

[Howlin]

There doesn't seem to be ANY evidence of any kind of beating whatsoever in any of the different reports by people who saw and interviewed her that night.

[Howlin]

"Need to nail down what victim did on the day before arriving at 610 N. Buchanan so we can show that she did not receive trauma prior to the incident -- with witnesses."

Well, that ought to be interesting, huh?

I wonder if Nifong will call any of the three couples she "performed" for that weekend, or just the couple she used the vibrator with?

[jennyd]

What beating? Where is any evidence somebody beat her up after the party?
And statements by her father and various other relatives don't count.
And other than those statements, there isn't a shred of evidence that somebody like her pimp beat her up after the party.