| Plaintiffs’ Response to Nifong’s Motion to Dismiss | |
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| Tweet Topic Started: Jan 31 2009, 12:32 AM (8,063 Views) | |
| Baldo | Feb 4 2009, 08:40 PM Post #136 |
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| chatham | Feb 4 2009, 08:45 PM Post #137 |
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The interview with wilson in January with levicy is where she was asked again her opinion whether condoms could have been used. That is where she stated that mangum would not know if a condom was used if she didnt see them on the guys. I think that meeting was himan trying to get mangum to change her mind, oops story, once again. |
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| Quasimodo | Feb 4 2009, 09:02 PM Post #138 |
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Yet, the examination was months previous. Are nurses permitted to testify about things which they did not record in their SAE? (What's an SAE for? ) Can they be expected to remember such details accurately? (We all know that Durham police officers cannot be expected to remember radio communications from only a month previous, after the tapes of their conversations have been erased... unfortunately, they are not all gifted with the superb memory capabilities of Sgt. Gottlieb.) Edited by Quasimodo, Feb 4 2009, 09:03 PM.
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| MikeZPU | Feb 4 2009, 09:19 PM Post #139 |
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Levicy told so many lies that day -- it still makes my blood boil. Everyone that encountered Mangum that night all thought that she was seriously impaired. Yet, Levicy stresses how articulate Mangum was, and that she did not see any signs of impairment. A poster said that someone slipped and had revealed that at the time of this meeting on 1/10/07 that Levicy was no longer employed by DUMC. Forensic nurses get paid to testify. My guess is that Levicy was able to charge her time at this meeting as part of preparation for testimony at trial. I believe that she was on the state's dime at that point in time. 1/10/07 1638hrs - SANE Nurse Levicy arrived and was brought into the conference room. She first started out with some misconceptions that have been brought up regarding some of the information that was brought up through the defense or media. She gave the reasoning to why she had sane nurse in training on some of her documents. She explained that she put that on the documents due to the fact she had not received her certificate in the mail before this date. However she explained that when she got home from work she found in her mail that she received her certificate. She showed me and Inv. Wilson the envelope that it came in. The certificate was dated March 2. 2006. Ms. Levicy stated that she arrived to work just before 0700hrs on 3/14/06; she stated that she started to Went into the sane room to make sure everything was fully stocked. She stated that she was told that the police had brought in a dancer that had been raped. Ms. Levicy stated that Crystal Mangum was in the fast track hallway in a room by herself. Ms. Levicy made sure that rape crisis had been called and they were already there. She does not remember the name of the male that arrived but he was short, white, light hair and glasses he had not gone and spoke to Crystal Mangum. Ms. Levicy went in the room where Crystal Mangum was located. Ms. Levicy stated that Crystal Mangum was on a stretcher and sleeping. When she first saw her she seemed sleepy and drowsy. The male from rape crisis went in the room with her and Crystal Mangum seemed uncomfortable with the male from rape crisis being there. Crystal Mangum started screaming when Ms. Levicy left the room. Ms. Levicy stated the male from rape crisis understood and called to have a female come in for crystal mangum. A woman named Amy, possibly Amy Wilkinson from rape crisis arrived shortly thereafter. Ms. Levicy stated that Amy would be able to tell us who the male was. Ms. Levicy stated that she checked to see if a police report had been taken and it was verified by a tall white police officer that a police report had been taken, unknown if it was a duke police or durham police. Crystal Mangum was then brought back to the sane room. Ms. Levicy noticed that ms. Mangum was articulate and spoke clearly when she was responding to questions. Ms. Levity stated that at no point did she ever smell any odor of alcohol nor did she ever see signs of impairment or intoxication. Investigator Wilson had asked why there was no toxicology reports conducted. She stated that no doctor or she thought she should have been screened. She stated that the hospital can only screen for drugs like marijuana, cocaine and other drugs and is very limited, she stated that it also tests for alcohol. She saw no signs of intoxication or impairment. Ms. Levicy stated that Crystal Mangum could figure things out and she was alert when she started asking questions, she was able to tell what time she arrived at the hospital alert of the time and places she was (she gave the address to where she had danced 610 Buchannan Blvd). Ms. Levicy stated that her emotions went from quiet, to crying to sad but she was always able to articulate to Ms. Levicy what she was saying clearly. Ms. Levicy stated that when she first started some questions to Crystal Mangum, Ms. Mangum complained of pain in her lower regions of her body. Ms. Levicy stated that she explained the procedures and how long the procedures can take. Ms. Levicy stated Crystal Mangum signed a written consent to having the procedures done. Ms. Levicy asked her what happened and Ms. Mangum was confused and was not sure if it was the Durham police or Raleigh police that brought her to the hospital. Ms. Levicy stated she asked if condoms were used and Ms. Mangum said “no” but was unsure. Ms. Levicy stated that in her experience and training victims can never be sure if condoms are used because if the victim can not see them. Then how would you know. Sometimes victims can’t feel them so you have to realize there is always the possibility that a condom could have been used. Ms. Levicy stated that Crystal Mangum was unsure about ejaculation except in her mouth and was not sure if they ejaculated in her anus or vagina. Ms. Levicy stated that she wasn’t surprised when she heard no DNA was found because rape is not about passion or ejaculation but about power. Ms. Levicy brought up the rape kit and pubic hair combings. Ms. Levicy stated that Crystal Mangum was completely shaved in the pubic region and that was the reason no pubic hair was found. She stated that she decided to comb anyway due to the fact that something might have been picked up with the combing. Ms. Levicy stated that Crystal Mangum said they wiped her with a rag in the bathroom. Ms. Levicy stated that Crystal Mangum was unsure who had it. I asked Ms. Levicy if she ever saw a maxi-pad on Ms. Mangum. Ms. Levicy stated that she never saw a maxi pad. It was brought up due to the security guard from Kroger seeing it on the victim (Crystal Mangum). Ms. Levicy stated she went over the procedures with Crystal Mangum, she stated that she usually starts with the least invasive procedure i.e. mouth swabbing. Regarding the swabbings, Ms. Levicy stated that she had Dr. Manly conduct the swabbing while Ms. Levicy observed and made sure it was done correctly. Ms. Levicy stated Dr. Manly did a head to toe exam of crystal Mangum during the exam she noted the pain and tenderness that was put in the report. Ms. Levicy stated that Dr. Manly also inserted the speculum into Crystal Mangum’s vagina. Ms. Levicy stated she observed this and noticed during the exam Ms. Mangum gripping the table and showing pain. All consistent to what Crystal Mangum was telling them what happened Ms. Levicy also explained regarding her exam and notes on the medical history form step 10 - page 1 under section d. Pelvic subsection b. Vagina: it is noted in writing "diffuse edema of the vaginal walls” Ms. Levicy stated that was written by Dr. Manly and is not a forensic finding since . It is what Dr. Manly observed and noted. It was decided by both Dr. Manly and Ms. Levicy not continue with exam with the speculum due to the extreme pain Crystal Mangum was going through. Normally pictures would have been taken and other precedures done. Ms. Levicy stated that she remembers getting called at home by either Inv. Himan or Inv. Gottlieb and she remembers telling them that if they subpoena her records that her findings were “consistent with a sexual assauh” and when she was interviewed by Sgt. Gottlieb on March 21, 2006 that she told him that her finding were “consistent with a sexual assault”. She stated that she remembers Inv. Himan coming to Duke Hospital and getting the other report the first week of April. Ms. Levicy stated that Barbara Wosley is the chart keeper at duke for this case and all reports are maintained by her now. The interview ended at 1910hrs. |
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| Lodge Pro 345 | Feb 4 2009, 09:30 PM Post #140 |
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. Exactly! |
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| Baldo | Feb 4 2009, 09:31 PM Post #141 |
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I think the reasons Levicy met with Linwood & Himan were probably because Linwood, Himan, and Levicy all realized that their cover was leaving. As long as Nifong was DA they were safe, free from worry about their actions in this case. In fact I believe little of what they say without documentation and backup. We have seen what Linwood did just a few weeks earlier. In his interview of Crystal he "oops" brings the players photos and she just happens to "oops" see them as he opens a folder! Then she remembers their names and points them out. Linwood "Oops" forgets to note this in his report. I guess it's a co-incidence that on Feb 5 Crystal was going to be in court over this issue of line-ups. Perhaps to ID the players again in a grand standing move planned by the Durham's greatest self-proclaimed ex-attorney. But then I don't believe for one minute Crystal's choice of Reade, Collin, and Dave had anything to do with the truth. We know it didn't, we know she never interacted with Reade or Collin, we know she was never assaulted, but why them? Humpty Dumpty sat on a wall. Humpty Dumpty had a great fall. All the king's horses and all the king's men Couldn't put Humpty together again. As sdsgo said this thread was about the qualified immunity standard. Edited by Baldo, Feb 4 2009, 09:37 PM.
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| Quasimodo | Feb 4 2009, 09:46 PM Post #142 |
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Ms. Levicy made sure that rape crisis had been called and they were already there. How many hours after Crystal arrived is this? If they were called right away, they should have been long gone and not waited around for hours. If they were not called right away, does that indicate that no one at the hospital took the rape claim seriously? She does not remember the name of the male that arrived but he was short, white, light hair and glasses he had not gone and spoke to Crystal Mangum. Whoever sends a male to interview a rape victim? And especially, who familiar with dealing with rape victims, sends a male to do the interview? (And has this man been identified?) ... she was able to tell what time she arrived at the hospital alert of the time and places she was (she gave the address to where she had danced 610 Buchannan Blvd). Earlier that night she had said it was "610 N. Mangum"... Ms. Levicy stated she asked if condoms were used and Ms. Mangum said “no” but was unsure. Ms. Levicy stated that in her experience and training victims can never be sure if condoms are used because if the victim can not see them. Then how would you know. Sometimes victims can’t feel them so you have to realize there is always the possibility that a condom could have been used. Of course she is supposedly only responding to a policeman's questions; but she was only supposed to report on the FACTS, not try and interpret them. Ms. Levicy stated that Crystal Mangum was unsure about ejaculation except in her mouth and was not sure if they ejaculated in her anus or vagina. Ms. Levicy stated that she wasn’t surprised when she heard no DNA was found because rape is not about passion or ejaculation but about power. See above. Ms. Levicy stated that Crystal Mangum said they wiped her with a rag in the bathroom. The magic towel...How convenient to bring this in now. But if the remark about the towel was not recorded in the original SAE, then for legal purposes it was not said. (There is a reason, as is obvious IMHO here, for restricting the SAE to contemporary notes ONLY; it's evidenciary material, and tampering with one is tampering with evidence.) Regarding the swabbings, Ms. Levicy stated that she had Dr. Manly conduct the swabbing while Ms. Levicy observed and made sure it was done correctly. LEVICY "had Dr. Manly conduct", and observed MANLY to make sure Manly did the job correctly??? Someone who has yet to obtain her certificate (at least, to get it in her hands), is capable of telling a resident how to conduct an exam? Is that usual DUMC practice at its best? And how many of these SANEs had Levicy done before--while she did NOT have her certificate--in order to qualify her to supervise Manly? It was decided by both Dr. Manly and Ms. Levicy not continue with exam with the speculum due to the extreme pain Crystal Mangum was going through. Do SAEs stop collecting information because of pain? If this information is to be used at court as evidence of who/what caused the pain? Normally pictures would have been taken and other precedures done. Right. So where are the pictures? This is for evidence for a legal trial, and has to be done correctly and the evidence has to be preserved correctly. Why in this case was this not done? Why in this case were so many procedures--established to preserve the evidentiary record--omitted or flawed? (Did someone know even then that this was a fraud?) Ms. Levicy stated that she remembers getting called at home by either Inv. Himan or Inv. Gottlieb and she remembers telling them that if they subpoena her records that her findings were “consistent with a sexual assault” and when she was interviewed by Sgt. Gottlieb on March 21, 2006 that she told him that her finding were “consistent with a sexual assault”. She stated that she remembers Inv. Himan coming to Duke Hospital and getting the other report the first week of April. Ms. Levicy stated that Barbara Wosley is the chart keeper at duke for this case and all reports are maintained by her now. Edited by Quasimodo, Feb 4 2009, 09:48 PM.
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| Baldo | Feb 4 2009, 09:59 PM Post #143 |
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What person would say they ejaculated in my mouth but I don't know if they were wearing condoms with a straight face? Who would repeat it? Of course one could also say what idiots actually try to used that excuse to cover their tracks. “The qualified immunity standard, which is today more protective of officials than it was at the time Imbler was decided, provides ample support to all but the plainly incompetent or those who knowingly violate the law.” |
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| chatham | Feb 4 2009, 10:15 PM Post #144 |
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"Ms. Levicy stated that she arrived to work just before 0700hrs on 3/14/06; she stated that she started to Went into the sane room to make sure everything was fully stocked. She stated that she was told that the police had brought in a dancer that had been raped." No one would state that a victim had been raped without more proof than what was presented by the time levicy showed up for work. "Ms. Levicy stated Dr. Manly did a head to toe exam of crystal Mangum during the exam she noted the pain and tenderness that was put in the report. Ms. Levicy stated that Dr. Manly also inserted the speculum into Crystal Mangum’s vagina. Ms. Levicy stated she observed this and noticed during the exam Ms. Mangum gripping the table and showing pain. All consistent to what Crystal Mangum was telling them what happened Ms. Levicy also explained regarding her exam and notes on the medical history form step 10 - page 1 under section d. Pelvic subsection b. Vagina: it is noted in writing "diffuse edema of the vaginal walls” Ms. Levicy stated that was written by Dr. Manly and is not a forensic finding since . It is what Dr. Manly observed and noted. It was decided by both Dr. Manly and Ms. Levicy not continue with exam with the speculum due to the extreme pain Crystal Mangum was going through. " Do we think that crystal was trying to get drugs by wincing in agony over the pain she was not in? Well, she didnt get any and tried the following day at UNC hospital> |
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| Baldo | Feb 4 2009, 10:47 PM Post #145 |
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She kept on trying 665. On April 3rd , Mangum presented to UNC Hospitals again, this time complaining of neck pain. Again, Mangum reported her pain score was a “10 out of 10.” The next morning, a video recording of Mangum’s “pick three” April 4th Identification Procedure shows Mangum rolling her neck with ease. Ekstrand's lawsuit BTW How many times did she go to the hospital most likely at the taxpayer's expense? Looking for drugs, sure, but every heard of a grifter setting up for a big lawsuit? A Motivation perhaps once she found Levicy, Gottlieb, Himan, the 88, Baker, Bell, Brodhead, Nifong, and the MSM were buying her story? Edited by Baldo, Feb 5 2009, 12:10 AM.
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| MikeZPU | Feb 5 2009, 12:47 AM Post #146 |
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Another total lie that Tara told during her 1/10/2007 mtg with Himan and Wilson is that Mangum had told her during the SANE exam that the boys had wiped her off with a rag. I am absolutely certain that Mangum said no such thing during the SANE exam. She doesn't even make such a claim in April 4 statement to police; I just re-read it, Exhibit 13. That is a deliberate lie on the part of Levicy for the specific purpose of assisting in the frame of innocent young men. It was clear from that meeting that Levicy was willing to go pretty far in saying whatever it took to try and convict RCD. She had very little qualms about lying, if that's what it took to get a conviction. Edited by MikeZPU, Feb 5 2009, 12:57 AM.
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| Joan Foster | Feb 5 2009, 06:06 AM Post #147 |
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Can anyone tell me when we found out that Chalmers was taking "leave?" Was it officially announced? When did we find out that Nifong took charge of the investigation? |
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| abb | Feb 5 2009, 06:17 AM Post #148 |
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Probably will have to research the FR threads. They're probably the only ones still online that are accessible. The keyword that picks them out is "dukelax." |
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| Joan Foster | Feb 5 2009, 06:22 AM Post #149 |
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Thanks, Abb. I'll try that. If anyone here knows, I'd appreciate the help. |
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| Quasimodo | Feb 5 2009, 08:21 AM Post #150 |
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As far as I can tell, he absented himself from the case from the very start : "Also on March 24...Cpt. Lamb ordered all Durham police "to go through Mr. Nifong for any directions as to how to conduct matters in this case." This arrangement contradicted the department's official chain of authority: Officers in District 2... reported to Commander Ed Sarvis, who was subject to orders from Chief Steven Chalmers. Yet Sarvis was bypassed, while Chalmers absented himself from the investigation, claiming a need to tend to his sick mother, who lived right there in Durham." --UPI, p. 63 Chalmers' daughter was arrested in June : http://www.wral.com/news/local/story/1055871/ Durham Police Chief's Daughter Arrested Stefanie Chalmers Posted: Jun 22, 2006 DURHAM, N.C. — The daughter of Durham Police Chief Steve Chalmers was arrested this week for allegedly assaulting a woman with a vehicle. Stefanie Chalmers was charged with felony assault with a deadly weapon in connection with the April incident, authorities said. (snip) (Now, if she could just get Crystal's lawyer, she could probably have that felony assault with an auto reduced down to a misdemeanor...) |
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