Detective got tough with Duke students (Herr Gottlieb's Record)

DURHAM - If three Duke University lacrosse players face a jury this spring, defense attorneys likely will take aim at Sgt. Mark Gottlieb, the Durham police officer who supervised the investigation into the March 13 party at which an escort service dancer says she was raped.

The 43-year-old detective could be the prosecution's most important witness aside from the dancer herself.

In recent weeks, an attorney for one of the lacrosse players questioned the plausibility of Gottlieb's case notes, provided to the defense as evidence. Attorneys also have criticized Gottlieb for not following the Durham Police Department's guidelines in a photo lineup that he showed the accuser.

Members of the defense team are now closely examining the arrests Gottlieb made before the rape case. Records show that the sergeant arrested a disproportionate number of Duke students, all on misdemeanor violations such as carrying an open beer on a public sidewalk or violating the city's noise ordinance.

Such charges usually earn an offender a pink ticket such as those issued for speeding. But court records show Gottlieb often arrested Duke students on such charges, taking them to jail in handcuffs.

Reached by telephone, Gottlieb declined to be interviewed for this story. A department spokesman said this week the sergeant is on leave, though what kind was not disclosed.

Some residents of neighborhoods where Gottlieb worked and victims' advocates say that the sergeant is a dedicated and fair officer.

A native of Ohio, Gottlieb is married and the father of young twins. The couple is expecting another child soon. Over the past 18 years, Gottlieb has worked as a paramedic in Wake and Durham counties, as well as a Durham police officer.

A barrel-chested man, Gottlieb tends to walk with his shoulders back and chin up. Among his colleagues, he is known as outspoken and sometimes headstrong. In a 2005 court affidavit that noted his qualifications, Gottlieb listed several community colleges he has attended and professional certifications. The affidavit did not mention an academic degree beyond high school.

Gottlieb got the lacrosse case weeks after serving 10 months as a patrol shift supervisor in police District 2, which includes about a quarter of the city. The district has neighborhoods as disparate as the crime-ridden Oxford Manor public housing complex and Trinity Park -- the blocks of historic homes across from a low stone wall rimming Duke's East Campus.

From May 2005 to February 2006, the period during which Gottlieb was a patrol supervisor in the district, court and police records examined by The News & Observer show that Gottlieb arrested 28 people. Twenty were Duke students, including a quarterback of the football team and the sister of a men's lacrosse player. At least 15 of the Duke students were taken to jail.

In comparison, the three other squad supervisors working in District 2 during the same 10 months -- Sgts. Dale Gunter, John Shelton and Paul Daye -- tallied a combined 64 arrests. Two were Duke students. Both were taken to jail.

Gottlieb often treated Duke students and nonstudents differently. For example, Gottlieb in 2004 wrote a young man a citation for illegally carrying a concealed .45-caliber handgun and possessing less than a half-ounce of marijuana, but records indicate he wasn't taken to jail. He was not a Duke student.

Trinity Park residents have long complained to university and city officials about the boisterous parties thrown by the students who live there. That spurred Duke in February to buy a dozen rental properties in the neighborhood, including the house where the lacrosse team threw its spring break bash two weeks later.

The Durham police officers who responded to 911 calls about the parties were sometimes on the receiving end of defiance and disrespectful taunts. Trinity Park resident Ellen Dagenhart praised Gottlieb's get-tough tactics as a direct response to community concerns about disruptive, drunken behavior.

"There were a lot of homeowners and taxpayers who were calling the cops saying, 'Please come and make yourself seen,' " said Dagenhart, who has known Gottlieb for years. "Anyone who's seen kids passed out in a puddle of vomit is certainly happy to see the police show up. You can't blame Mark Gottlieb for that."

Durham City Manager Patrick Baker said that cracking down on Trinity Park partying was a priority for police last year.

The police department's official policy gives officers discretion in whether to transport someone to the lockup downtown. Factors other than just the "elements of the crime" can be considered, such as whether the suspect is belligerent.

"Our general order, it basically gives the officer room to use his or her own judgment," said Cpl. David Addison, a police spokesman.

But a standing order encourages officers to use alternatives to arrests for misdemeanors, including the use of written citations because of "jail overcrowding, crowded court dockets, staffing problems and the intrusiveness involved in a physical arrest."

On Oct. 8, Gottlieb and officers he supervised responded to a call about a rowdy student at a duplex at 203 Watts St. -- a Trinity Park address familiar to the police as a party house.

In an affidavit, Gottlieb wrote that officers arrived about 6:30 p.m. and told partygoers to be quiet. After the police left, party-goers urinated on neighbor Lee Coggins' home and threw a beer bottle in her direction that shattered on the sidewalk, Gottlieb wrote.

Police obtained a search warrant, and Gottlieb's squad entered the duplex at 3:19 a.m. They seized three beer kegs -- one empty -- and "beer bong tubing." On the wall was what Gottlieb described as a "stolen Duke flag." A Duke flag had been reported stolen from an administrative building on campus the previous spring.

Five students there were arrested by Gottlieb for violating the city's noise ordinance and alcohol-related misdemeanors. Another housemate, Mike Kenney, was arrested the next day.

Kenney, then 21, was charged with a noise ordinance violation and possession of an open container of alcohol on public property and taken to jail. Two days later, records show, Kenney was arrested a second time and taken to jail on charges of possession of stolen property. The flag had been in his room.

When the case went to trial in January, Gottlieb testified that in the wake of rowdy parties in Trinity Park, the department's policy was to take alcohol-related violations seriously. But the judge threw out the charges against Kenney, citing a lack of evidence.

Glen Bachman, Kenney's attorney, successfully argued that Gottlieb couldn't prove the college senior was home during the party or that the flag in his room was the same flag that had been stolen.

Coggins, the woman who called police about the party at the duplex, said Gottlieb's actions seemed responsive and professional. He doesn't have a vendetta against Duke students, she said.

"It's not like he's hanging out at their house waiting for them to do something," Coggins said.

Kathy Summerlee, Kenney's mother and a lawyer in Minnesota, called the arrest and prosecution of her son "frivolous."

Though the charges were thrown out, Kenney could have faced suspension if convicted. He graduated from Duke in May and now is looking for a job, she said.

"It was clear to all of us that the police were feeling a lot of pressure to make a difference in the behavior in that neighborhood," Summerlee said this week. "I think there was a lot of damage done in this process. It cost us money. It cost us a lot of worry. It rearranged Mike's life."

Still, some in Trinity Park cite Gottlieb as a dedicated officer. He prides himself on being a victim's advocate, often recounting stories from his years as a domestic violence investigator.

Dagenhart said she remembers seeing him at a vigil for domestic violence victims.

"This was not something he had to do as a part of his job," she said. "It's something he did as someone who cared. I know he cares about Durham. It's not just a job for him."

(News researchers David Raynor and Denise Jones contributed to this report.) Staff writer Michael Biesecker can be reached at 956-2421 or mbieseck@newsobserver.com. News researchers David Raynor and Denise Jones contributed to this report.

Text of letter from Captain Ed Sarvis to Duke students

Sep 12, 2006 : 6:36 pm ET

August 10, 2005

Dear:

We have recently been informed that you have made a decision to move off campus and take up residence within surrounding neighborhoods of Duke University. We want to welcome you to our community. You will now be a resident of the Uniform Patrol District Two community. Our offices are located at the rear of Northgate Mall. Our desire is to see you and all residents of your home take an active role in the partnership that the Durham Police Department has enjoyed with the residents of District Two. We encourage you to get involved in the community in addition to your involvement at Duke University. We believe that strong community involvement is critical to controlling crime and improving the quality of life in any community. We have many ways for you to get involved in your new community. If you are looking for ways to get plugged in, please visit our sub-station or call our office at 560-4582.

I also wanted to take this opportunity to make you aware of a historical problem that the surrounding neighborhoods of Duke University have had and seek your assistance in making this school year one in which this problem ends. You may or may not be aware that loud parties sponsored by Duke University students have been a recurring issue for years. Some of the permanent residents of Trinity Park, Trinity Heights and Walltown have grown to resent the students due to having to endure the noise, trash and unacceptable behavior of guests at these parties. Students will create unreasonable noise until very late hours. Beer cans and other trash litter the yards of neighbors as well as the host home making the neighborhood look unsightly and reducing property values. Some neighbors have reported students even urinating on their property for their children to witness. We want to end this problem and the negative impression surrounding communities have toward Duke students; starting with you and the residents living with you.

I want to be very clear about what action you can expect from the Durham Police Department should loud parties occur in these communities. If the Durham Police Department is called to a home concerning an out of control party, the actual residents on the premises will be located and, at a minimum, will be criminally charged with violating Durham City Ordinances regarding excessive noise by way of a criminal citation. If the officers responding to the scene feel it is more appropriate, residents may be subject to an actual physical arrest and transported to the Durham County Jail for formal charging. Violation of the Excessive Noise ordinances is a misdemeanor crime, and residents will be held accountable for their actions as well as the actions of their guests.

If underage possession/consumption of alcohol violations are witnessed, our officers will criminally charge each person determined to be in violation. Residents of the home will also face charges for contributing to their delinquency. Please be reminded that for every alcohol violation discovered, is a separate violation on the part of the person(s) responsible for contributing to that delinquency.

Before hosting a large party that cannot be controlled, please consider the long-term problems you face by having a criminal record, regardless of how insignificant you may feel the offense is. A common argument residents make is that they have no control over the actions of their guests or that uninvited guests will appear. As hosting residents, you will be held accountable for what occurs on your property. If you have uninvited guests, you must take the initiative to call 911 and report trespassers. If you have invited guests that get out of control and refuse to leave, again you must take the initiative to call 911 and report a trespasser.

Further action that will be taken will be the notification to the administration of Duke University. Our department meets frequently with Duke University administration and members of the surrounding communities. Duke University has proven a commitment to maintaining good relationships with these communities. I cannot speak for the specific actions of Duke University, but I feel safe in saying that disciplinary action should be expected.

Furthermore, although you are considered adults in the eyes of the law once you turn eighteen years of age, any criminal charge you face is a matter of public record. Our intention is to assure that residents' parents are also made aware of the criminal charges they face. We firmly believe that most residents have parents that assist them in rent and tuition payments. We believe that the persons paying those bills have a right to be informed. Our hope is that they have a greater ability to modify behavior than either the North Carolina courts or Duke University.

We also want you to consider the civil liability you risk should a tragic event occur at a party you are hosting -- such as an alcohol related death or sexual assault. As a police department, we do not object to you and your housemates having parties. We recommend you keep the number of guests manageable, you assure that the noise coming from the party is not heard by neighbors, and that you take the responsibility to make sure everyone is drinking responsibly. The intention of the Durham Police Department is not to harass students, but to hold them accountable for their actions as we would any other resident of our city. As residents of this city, you have a responsibility to act in a way that does not infringe upon the rights of your neighbors. It is our sincere hope that none of these actions will be necessary this year.

We look forward to working with you to make this school year a very successful one. We hope that you will consider our invitation to get involved in our community and help us make Durham an even better place to live. If I can be of any help or answer any questions for you, please don't hesitate to call or visit.

Sincerely,

Captain Ed Sarvis

District Two Commander

http://www.heraldsun.com/durham/4-769164.html

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

I read the Durham City Council's minutes and started at their first meeting in Jan 2006 (1/3/06):

The minutes tell us something about Durham. The City Manager and the City Council are in control of EVERYTHING - from Pay and compensation of the Police (and individual ranks) to funding of the SOCIAL SERVICES contractor. These are some very powerful people in Durham. The subjects and focus also show how Whites like Nifong and City Councilman, Mike Woodard, thrive. Both Woodard and Nifong have been critical of the Duke players and supportive of Police actions. Woodard providing support for Gottlieb and questioning if the complaints are "just Duke students whining."

It looks like there was 26 motions ( 25 were UNAMIMOUS ) and 7 council members voting 26 x7 = 182 votes cast - there was ONE No vote in the entire meeting. 181 yes 1 no. Fall in line, boys.
One can see how everything is inter-related in Durham. People asked why Chalmers was content to step aside and let Patrick Baker run things - The City Council and Baker determine Chalmer's Salary and benefits! Baker and the council approved a proposal to raise police pay and compensation - and Gottlieb is President of the Durham Police Officers' Association. So, it's reasonable to believe that they've had dealings prior to this.

One of the bids voted on was for funding of over 1,000,000 dollars!

In this single meeting minutes, the first read, this is some of the Durham City Council's business:

The City Manager, Patrick Baker, asked for compensation changes and classification changes for the Police Dept - and it was approved. Ordinance #13213

A presentation was given on an African American Male Outreach Program.

A contract for Women-in-Action was approved.
SUBJECT: WOMEN-IN-ACTION FOR THE PREVENTION OF VIOLENCE AND ITS CAUSES, INC. – CONTRACT

Evidently, positions on the various Durham commissions are reserved by Race and Gender:
SUBJECT: HUMAN RELATIONS COMMISSION – RECEIPT AND ACCEPTANCE OF AN APPLICATION MOTION by Council Member Clement seconded by Mayor Pro Tempore Cole-McFadden to receive and accept an application to fill one (1) MINORITY FEMALE VACANCY on the Human Relations Commission with a term to expire on June 30, 2007 was approved at 7:16 p.m

The Kings of the Public Housing Units (don't arrest those guys at my Pet (Housing) Project)!
SUBJECT: CAPITAL IMPROVEMENT PROJECT (CIP) ORDINANCE FOR AFFORDABLE HOUSING BOND FUND SUPERSEDING ORDINANCE #13123MOTION by Council Member Clement seconded by Mayor Pro Tempore Cole-McFadden to adopt a Grant Project Ordinance amending General Capital Improvements Project Ordinance #13123, as amended, for the purpose of recognizing Program Income in the amount of $806,291 to the Affordable Housing Bond Fund was approved at 7:16 p.m.

Dept of Justice - Keep the Money coming
SUBJECT: REQUEST TO AMEND GRANT PROJECT ORDINANCE 2005 COPS TECHNOLOGY GRANT PROGRAM #13135 – U S DEPARTMENT OFJUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES MOTION by Council Member Clement seconded by Mayor Pro Tempore Cole-McFadden to authorize the City Manager to accept the U.S. Department of Justice, Office of Community Oriented Policing Services, 2005 COPS Technology Grant by executing the grant documents; and To adopt the U.S. Department of Justice, Office of Community Oriented Policing Services, 2005 COPS Technology Grant Program Project Ordinance, superseding Grant Project Ordinance # 13135 in the amount of $197,329 was approved at 7:16 p.m.

White Councilman, and Duke Student Critic, WOODARD is honoring Emanicipation Proclamation services at a local Church:
VMayor Pro Tempore Cole-McFadden announced she attended the Emancipation Proclamation services at Mt. Level Missionary Baptist Church on January 2, 2006 and thanked the Mayor for his comments. Council Member WOODARD congratulated Rev. James Smith, the officers and members of the Interdenominational Ministerial Alliance of Durham along with Rev. Turner and members of Mt. Level for a moving ceremony--Emancipation Proclamation.

http://www.ci.durham.nc.us/agendas/minutes.cfm

_This was just one meeting

And some wondered how Civil Servant Patrick Baker drives a Range Rover

http://www.newsobserver.com/579/story/485526.html
Courting crime

The Durham court system has been embarrassed in recent months by reports of five murder suspects being arrested, released on bail, charged with new crimes in short order and promptly released on bail again. This week, Durham's chief District Court Judge, Elaine Bushfan, District Attorney Mike Nifong and Chief Magistrate Chet Dobies were asked by a neighborhood anti-crime group to explain how that can happen. Their response was as instructive as it was unsatisfactory. Too few magistrates, they moaned. Outmoded computers, they whined.

Those complaints doubtless have some validity. Still, they come across as excuses, in a county that has a higher crime rate than similar-sized jurisdictions elsewhere in North Carolina. Durham's crime rate isn't out of line when compared with many other mid-sized cities nationally. But that doesn't mean much when Durham's neighbors -- and career hoods in the county -- have the perception that the courts are relatively powerless over the bad guys.

Computers in Durham's courts could stand to be upgraded, but they're on the same system used by magistrates in other counties, where dangerous criminals don't seem to be let out as often. Meanwhile, the state's system can't reliably pull up a suspect's criminal records because the legislature hasn't spent the money to link the courts to an SBI database. That's intolerable for a state that takes both technology and public safety seriously.

The General Assembly, controlled by Democrats, has underfunded the courts for years, but things grew worse after Republican I. Beverly Lake Jr. was elected chief justice of the state Supreme Court. (Lake retired earlier this year; the chief justice now is Sarah Parker, a Democrat.) The courts should be kept above the political fray.

Lawmakers also have authorized just 11 criminal magistrates for a county of nearly a quarter million people. Gaston County near Charlotte has 22 magistrates and 45,000 fewer residents.

Durham's legal community has let such inequities stand. The members of that community might have gotten better treatment from Jones Street had they protested loudly -- the squeaky wheel principle, as state Rep. Paul Luebke reminded officials at a separate meeting on the problem last week.

Instead, excuses about shortcomings in the court system have been the result. Durham residents meanwhile must watch mean streets grow meaner.

http://www.renewamerica.us/columns/gaynor/060912
The Duke Three should prevail with the truth, not silence

http://www.ci.durham.nc.us/council/woodard.cfm

Mike Woodard
City Council member (Ward 3)

Profession:

* Administrator, Duke University and Health System

Education:

* Duke University, A.B. in Economics and Political Science
* Duke University, Certificate in Non-Profit Studies

Elected to Council: 2005

Term Expires: 2009

City Council Committees Appointed by the Mayor:

* Joint City/County Planning Committee
* Legislative Committee
* American Center for the Performing Arts Committee
* Information Technology Committee
* Transportation Advisory Committee
* Durham-Chapel Hill-Orange County Work Group

City Council Subcommittees:

* Council Procedures Committee
* Insurance Committee
* Personnel Committee

Other City Council Appointments by the Mayor:

* Durham Arts Council
* Durham Open Space and Trails Commission
* Environmental Affairs Board

Community Involvement and Organizations:

* St. Philip’s Episcopal Church
* President, InterNeighborhood Council
* Durham Central Park, Board of Directors
* AIDS Community Residence Association, Board of Directors
* Graduate, Durham Neighborhood College
* Durham Rotary Club
* Fellow, North Carolina Institute of Political Leadership
* Past President, North Carolina Jaycees
* Past President, Durham Jaycees
* Founder, TROSA Jaycees
* Triangle United Way
* Greater Durham Chamber of Commerce
* American Red Cross

To the poster who thinks we are all "stupid Duke parents", you have not walked in our shoes. If you think this has not been a difficult and trying time, please let me tell just one kid's story.
My daughter is a student athlete at Duke and I can assure you she definitely worked to get there and didn't "cheat" on her SAT. She barely had time to fit the test in between her sport, extra curricular activities, and her studies - didn't even take a prep class and still scored over 1460.
Secondly, if you think we haven't struggled with our decision to send her to Duke, guess again. When she was a senior, she was one of the top athletes in her sport and recruited by at least 100 schools, including all of the Ivy Leagues. She took all five of her official visits and visited at least 8 other schools unofficially during the last couple of years of high school. We felt this was a well thought out decision on her part. She chose Duke because of the strong academic/athletic reputation. She was offered 100% scholarships at every state university she was interested in, and because they don't offer athletic scholarships, only partial academic scholarships from the Ivy League ones. At Duke, we were required to pay her tuition the first year and then she will receive a scholarship for the remaining three. Since she really liked the coach, team, campus, etc. at Duke the most, we thought because she had worked so hard, we didn't want to deny her the opportunity - even though financially the state schools would have been free. We are not a rich family and it has been a hardship for us to come up with 40K even for one year - and we have other children that will be attending college in a few years to consider.
Now jump forward to last March. My daughter loved the school, her team, coach and so forth. After the lax incident, her world suddenly changed. She feared for her safety both on and off campus, her team was harassed whenever they traveled, she began receiving nasty e-mails, IM/s, and posts on her Facebook, professors were critical of the lax players in class, and suddenly an entire athletic dept. was responsible for the lax team holding a Spring Break "stripper" party. In addition, she is friends with many of the younger lax players and absolutely didn't believe they were capable of being involved in any way with a gang rape. She couldn't understand what she considered to be the false portrayal of her friends being spewed by the media and her own professors. During this period, she became depressed, her grades dropped, and she gained weight. By the time she came home in the spring, she announced she didn't want to go back, because she was afraid of feeling like that again in the fall. She described it as not wanting to go to class, see friends, and couldn't make herself care about anything. Believe, this is the opposite of our daughter's normal personality and very much alarmed us.
We contacted schools and all the ones we talked to had already filled their scholarships for the year. It would be at least a year before she could have transferred and even then, she would have to sit out a year. So, it is not as easy to transfer as one would think. After being home for several months and being able to distance herself from the situation, as well as some of the negative publicity dying down, she herself made the decision to return to Duke. She decided she didn't want to run away from the situation. In addition, she feels an obligation to her team and coach, both of which she loves.
So far, this fall, things have been better. Of course, every day I pray this nightmare will end. Don't think all of the "stupid Duke parents" are just sitting on the sidelines. I am disgusted by this administration and have written, called, e-mailed - you name it, to express my outrage. In addition, I have contributed to the defense fund, keep up with each little new detail in the case, contacted the attorney general and the governor. My daughter is involved in getting students registered to vote, which was helped her regain some control and not feel so helpless. The best thing the students can do right now is vote out Nifong. (Get rid of Brodhead, Alleva, and the famous "88" as well.)
Again, if you think we are all stupid, fine, but try walking in our shoes for a few days. It has not been an easy 6 months for any of these kids. Try being 18 years old and losing faith in the judicial system, the media, and your own administration. Talk about growing up in a hurry. Try being a parent, worried that you allowed your daughter to return to a potentially dangerous situation and city - I have lost more sleep over this than anything I can remember. We have not taken any of this lightly and are attempting to handle the situation the best we know how.
My heart goes out to the lax players and their families, particularly of course, Reade, Colin, Dave, and their families. We support you 100% and still are dumbfounded that this case still continues. It is beyond unbelievable that people can be so blatantly falsely accused in this country and that no one intervenes to stop the madness.

http://www.heraldsun.com/opinion/hsedits/56-769063.html
A pep talk at Duke

The Herald-Sun
Sep 13, 2006

Last year was a rough one for Duke University. Its athletes, in particular, were under intense scrutiny in the wake of allegations that three lacrosse players raped and beat an exotic dancer during a wild party in March.

After the rape charges, Duke athletes were under tremendous pressure to be on their very best behavior. They knew that any misdeed, big or small, would be blown out of proportion by a ravenous local and national media on campus to feed on the juicy tidbits of the lacrosse scandal.

And what was true then is true now. No, the huge television satellite trucks haven't again rolled on to campus. But Duke athletes know, fair or not, that they will be the most closely watched student/athletes in the nation this school year.

So, it was smart Monday for the university's athletic department to call Duke's athletes together to give them a timely pep talk. The session, led by basketball coach Mike Krzyzewski, also gave Duke officials an opportunity to remind athletes of their responsibilities to the university, the Durham community and most importantly, themselves.

"What this situation this spring did was that people wanted to put a cloud over all of athletics and specifically lacrosse, and I don't think that's fair, quite frankly, because we have so many great kids," Krzyzewski said.

Duke officials acknowledged that in the spring that morale among athletes was pretty low. But Athletic Director Joe Alleva says he believes it is back to normal and trending to high.

"I thought we had already turned the corner, but this really does help," he said. "It's a fresh start. We're turning the page, and we're moving forward."

It's understandable that Duke officials want to put the whole lacrosse scandal behind them, and the quicker the better. It would be unfair to the hundreds of responsible athletes to have their seasons lessened by dwelling too much on the lacrosse case.

But it is also important for Duke athletes and school officials to be mindful of the rape charge, which is scheduled to go to trial in the spring. The last thing Duke needs is a repeat of that regrettable night, and all of the negative attention that came along with it.

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