Lacrosse players' defense: Documents being withheld

HeraldSun ^ | September 1, 2006 | William F. West

[Protect the Bill of Rights]

Lacrosse players' defense: Documents being withheld

By William F. West : The Herald-Sun
bwest@heraldsun.com
Sep 1, 2006 : 11:20 pm ET

DURHAM -- Attorneys for the three Duke lacrosse players charged with assaulting an exotic dancer claim District Attorney Mike Nifong and police still haven't provided several vital documents in the case, as required by law.

As a result, the defense lawyers have filed papers in Superior Court calling for Nifong to produce those documents.

The request to Judge Osmond Smith comes after Durham County's chief prosecutor told Smith and defense lawyers at a recent meeting that a toxicology report indicated the accuser's tested negative for the presence of controlled substances.

That undercuts public hints by Nifong in April that the woman might have been given a date-rape drug, defense attorney Kirk Osborn said.

In court papers filed this week, the defense argued it hasn't seen the written report despite indications Nifong would provide copies.

In addition, the defense is calling for Nifong to hand over complete copies of information regarding laboratory testing in the case by the State Bureau of Investigation and by the testing firm DNA Security Inc.

The Herald-Sun was not able to reach attorneys for the three indicted athletes -- Reade Seligmann, 20; Collin Finnerty, 19; and David Evans, 23 -- for comment Friday.

Seligmann, Finnerty and Evans maintain their innocence on all counts -- rape, kidnapping and sexual offense -- in connection with allegations surrounding events at the lacrosse team party March 13 at 610 N. Buchanan Blvd., next to Duke's East Campus.

Nifong didn't respond to a request for comment left with his office Friday.

In its filing this week, the defense also is pressing for more information about what happened in the hours after the alleged attack, particularly information regarding the accuser's trip with police to the Durham Access Center, a mental health and substance abuse facility, for involuntary commitment.

The accuser reportedly began making rape allegations while at that center.

The defense cites the lack of a substantive report about the accuser's presence at the center, and the defense points to a blank check-in log as an example of inadequate information.

In addition, the defense wants to find out what was said at a meeting Nifong and police had with the accuser April 11 at the county courthouse.

The defense said Nifong argued to an earlier judge that such information was off-limits to the defense.

More specifically, the defense argues Nifong claimed at a case hearing June 22 that the defense was not entitled to know because facts regarding the legal action were not discussed with the accuser. And the defense adds that Nifong considers that to be a confidential communication.

Debunking that argument, the defense says, is that an investigator -- Sgt. Mark Gottlieb -- in a typewritten narrative said Nifong and the accuser met and talked about the case.

The defense points out, additionally, that a police major issued a memo stating all police personnel involved in the investigation were directed to produce all e-mails to and from one other about the case.

The defense said that while the message specified a June 5 deadline for compliance -- with threats of disciplinary action for failure to comply -- there is evidence police have not fully complied.

The defense argues that, in one instance, a crime scene investigator produced a number of e-mails -- but only after defense attorney Brad Bannon found them in the investigator's case file July 18 while at the police station.

The defense goes on to contend that nearly a dozen law enforcement officers who have been involved in the case have not provided all their handwritten notes.

The defense also wants to know more about what police have on file about the woman's background in Durham and about her interaction with the local criminal justice system.

The defense, again citing the July 18 date, argues that Bannon's review of an investigative file at the police station reflects the accuser was involved -- as a suspect, witness or otherwise -- in at least five other probes.

And the defense wants to see what police may have communicated to the Durham City Council.

According to the defense, Gottlieb, in a typewritten document, said that on April 4, he was asked by a captain to produce a timeline of events for the city manager, Patrick Baker, for possible presentation to the council.

The defense wants a copy of that timeline plus a report of the substance of any meetings between or among law enforcement officers, the manager and any council member.

Baker soon afterward briefed the City Council on several points about the case.
 

[xoxoxox]

"Why was Kim looking for an "off-duty" police officer at Kroger's?
Why an off-duty cop and how would she know to find one at Kroger's?
Was she an informant?"

Kim probably does her grocery shopping at Kroger's and this one
was very close to her Albany St. house. Kroger's offer Triple Coupon
Discounts too. Even exotic dancers have to eat. The Food Lion is even
closer, but it closes early. Most Durham grocery stores have off-duty
uniformed DPD up front especially during the evening hours. They carry
guns. This is to deter that growing segment of the Durham population
that believes it can walk into any business establishment and take what
it wants for free. Armed robberies at closing time and car-jackings in the
parking lots are also all to frequent. A woman was car-jacked this week
over in the Target lot. Security got it on tape but still failed to prevent the
crime.

The Hillsborough Rd. Kroger is one of their 24-hr. superstores. The staff
is mostly black. Kroger may have tried to save money by having a rent-
a-cop. Kim may have spent the missing 20-30 minutes picking up
a few extra items and cases of Icehouse, before delivering her "package"
to the DPD. Or maybe Brian or someone else in a white car was supposed
to meet them. One irony of this chaotic night is how close Elmo and his
fares came to crossing paths with Kim and crew. The Cook-out is just
down the road, in Central territory, where the Duke student got punched out.
Imagine the scene if the boys had decided to run in Kroger and there is Kim
and Nikki.

What strikes some strange is how little investigating was done of the escort
services and the girls. Was Himan's brief note it? A couple of phone calls?
And the defense doesn't latch onto the "probes" until July 18th. Where are
their gumshoes? Intensive behind the scenes FR investigating this summer
only leads some to conclude that all the players in this farce knew of each
other, oh so very well.

[ltc8k6]

Is it just me or are Gottlieb's notes very vague on actually naming the people he quotes? He doesn't appear to name the nurse who mentioned blunt force trauma , referring to the SANE nurse, and he doesn't appear to name officer Reid either, but says "A female police officer....."

Are the writers just filling in the names they think Gottlieb means?

Did Gottlieb deliberately not quote by name?

[Jezebelle]

Incoherent doesn't mean speechless. It means the person isn't making sense. Thoughts are out of order or completely disconnected. incoherent One entry found for incoherent. Main Entry: in·co·her·ent Pronunciation: -&nt Function: adjective : lacking coherence: as a : lacking cohesion : LOOSE b : lacking orderly continuity, arrangement, or relevance : INCONSISTENT c : lacking normal clarity or intelligibility in speech or thought - in·co·her·ent·ly adverb

[abb]

New...

http://media.www.dukechronicle.com/media/storage/paper884/news/2006/09/05/Columns/Who-Wins-2256925.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com
Who wins?

http://media.www.dukechronicle.com/media/storage/paper884/news/2006/09/05/MLacrosse/Fresh.Start.Excites.Blue.Devils-2256917.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com
Fresh start excites Blue Devils

http://media.www.dukechronicle.com/media/storage/paper884/news/2006/09/05/News/Mens-Lax.Team.Returns.To.Practice-2256909.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com
Men's lax team returns to practice

[old and cranky]

you aren't by any chance "leakfolkjuice" on the abc11 board are you? I just got a vocabulary lesson from her to. Although you sound a lot more logical in your responses than she does....

[Protect the Bill of Rights]

Remember Willie Drewery

Quite the advertiser

---

Cached from jobsynch.com

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As listed in: Herald Sun

---

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 Title:  MISCELLANEOUS

Company: WILLIE DREWERY

Hiring Female Adult Entertainers, make $1000- $4000/wk. working PT. Call 919-633-5439...

As listed in: Herald Sun
 

---

Did a search on the phone number:

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PRESENTS
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973- 489-2759
919-633-5439

---

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---

(cache from pittsburgbackpage.com)

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---

There is another ad at Renobackpage.com identical to one just above.
 

 

 

[Jezebelle]

There was bothing odd about the cop not ID'ing Kim that night. Cops listen to complaints from people and ask witnesses this or that all day long and don't ask their name let alone run them for warrants. They deal with the person or people who are creating the problem, not the witness or complainant. If you're at a park and several boys are beating up on another boy, and you see a cop and flag him down to tell him, do you think he's going to ID YOU? No, he's going to go deal with the boys and you're on your way.

Kim didn't tell Shelton she made the 9-1-1 call.

[maggief]

Well, regardless of the definition Shelton and Roberts couldn't get her name or address.

[maggief]

Yes, Kim did tell Shelton she made the 911 call.

See page 11 of 32 ...

http://www.kirkosborn.com/Motions/AmendmentToMotionToSuppressPhotographs.pdf

[Jezebelle]

Notes are different from reports, but it is still odd. He was conducting an investigation at that point, not just responding to an incident in the field. "Who, what, when, where, and why."

[abb]

More on the Jovanovic case...

http://www.nypost.com/news/regionalnews/ok_for_bogus_rape_suit_regionalnews_bill_sanderson.htm
OK FOR BOGUS-RAPE SUIT
$10M FOR CYBERSEX JAIL TIME

http://www.nydailynews.com/news/story/446824p-376202c.html
Conviction KOd, he wins OK to sue city over cybersex trial

[maggief]

I'm inclined to think Kim wasn't thinking about shopping until she rid herself of her mostly-naked, incoherent passenger. Especially if Kim had ripped off the AV.

Possible scenario ...

Kim ends strip show after a few minutes. Why not? She's already been paid and the LAX players won't call the cops.

Pissed that she lost out on "tips" and with the AV in a drunken stupor, Kim takes her money. Remember when she asked if the AV had her all important money? It's all about the money.

Kim makes the anonymous 911 call, setting up the LAX players as the fall guys. And, appearing to be the good samaritan, delivers the AV to Kroger's.

Why and how she knew of an off-duty police officer at Kroger's is another issue.

[Jezebelle]

No, I haven't posted about this case on any other boards.

I don't normally define words for people, but several posters seem to have latched onto this idea that because Mangum was described as being "incoherent" at Durham Access, that somehow means she could not have stated where her kids were. It doesn't mean that.

[bjc]

Thought:
Is there a "bank in a box" at Kroger's? If Kim had a wad of cash she may have wanted to "secure" it.

[Jezebelle]

News to me, and thanks for pointing it out, but there was still nothing Kim did as a complainant at that point that would prompt the cops to need or want to ID her. Remember, there was no rape allegation at that point, so there was no investigation yet. As far as Shelton knew, she was just a good samaritan (lol!) who'd bitten off more than she could chew.

But that part of the report explains why they were able a little while later to pretty much conclude that Kim had actually been the other dancer and that they hadn't just met for the first time along the road near the lax house when Kim gave Mangum a ride to Kroger's.

[abb]

Just went to the post office and put a copy of the Crotty decision on the Jovanovic V. City of New York, et. al in the mail to Joe Cheshire. The probably already have it, but I want to make damn sure...

[darbymcgill]

Yes, Kim did tell Shelton she made the 911 call.

The linked report was written on 4/9 almost a month after the incident. It is noted as a supplemental, meaning to me he had written something else originally. How many reports / interviews had he written up since his 03/14 encounter with Kim at Kroger's. His recall level of details in the supplemental is interesting. If he had these details in his original notes, why would he have left them out of his report?

I find it odd (though it may be common practice) that all of the statements in the motion, Shelton's, Kim's and Jarriel's were modified some time after the original was submitted. Who is telling or suggesting to them that they modify their original writings..

[I want to know]

Thought: Is there a "bank in a box" at Kroger's? If Kim had a wad of cash she may have wanted to "secure" it.

http://clients.mapquest.com/kroger/mqlocator?screen=find&link=map2&sqlcol1=record_id&sqlcnd1=%3D&sqlval1=02900332&queryIconCol=icon_id&addr_origin=&city_origin=&state_origin=&zo=27701&occ=US

There is a bank listed under Store Services. When Sgt. Shelton arrived at Kroger he stated in his report, "I was met by the security guard at a black or dark-colored Honda. A female walked across the parking lot to my location and said that it was her car."

I thought it was odd that Kim wasn't at her car with the security guard. Maybe she was making a deposit?

[Jezebelle]

BRAVO! abb, you rock! :>

[Neverforget01]

Oh C'mon--It's not everyday a cop gets called to yank a half dressed female out of a car she refuses to budge from. If the cop didn't ask questions of the woman driving an out of state car how this bimbo ended up in a stupor in her car, he wasn't doing his job. "I found her on the side of the road" at 1 AM sure wouldn't cut it with me. At a minimum the officer should have peeked in the windows of the car and called in the license plate.