The lead investigator has been accused by defense attorneys of conducting improper, and possibly illegal police lineups in the case,; omitting alleged contradictions and multiple versions of what happened, and even writing in a report that the second dancer who was present at that lacrosse party that night, Kim Roberts, told him that the rape charge was "a crock."
In a probable cause affidavit dated March 27 from Det. Himan, he writes that after the alleged victim was taken to Duke Medical Center Emergency Room on the morning of March 14 after she claimed she was sexually assaulted, she was examined by a Forensic Sexual Assault Nurse and a physician.
"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.
But after D.A. Mike Nifong turned over several hundred pages of discovery evidence to defense attorneys on May 18 as required by law, they immediately determined in a June 15 motion that 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 say the discovery documents show Nifong didn't issue a subpoena for the material records until March 20; it wasn't served until March 21; they weren't printed, dated and stamped for compliance until March 30; and Det. Himan didn't pick them up from the hospital until April 5.
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.
Neither the Durham police Dept. nor D.A. Nifong has explained the defense's allegation against Det. Himan, who, after four years on the force, became an investigator last January.
Though not specifically referring to this instance, Nifong did tell reporters last week that though he still believes a rape took place,
"Obviously, there were some things we hoped we would have as evidence that we ended up not having," a remark that could be a reflection of Himan's work on the case.
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WTH?
Well he did have many weeks to bit the bullet and write it.......
I think Cash is gunning for racist Durham cops now. Clearly the Mangum case has not turned out, but he might hope to turn the interest into a look at those racist cops. This is a direction his readership might be very interested in.