| Plaintiffs’ Response to Nifong’s Motion to Dismiss | |
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| Tweet Topic Started: Jan 31 2009, 12:32 AM (8,064 Views) | |
| chatham | Feb 4 2009, 10:22 AM Post #121 |
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Levicy says in her testimony at the nifong disbarment hearing that she did not retain custody of the kit. |
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| Baldo | Feb 4 2009, 10:27 AM Post #122 |
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Yes, it is assumed she gave it to the Duke PD. The chain of custody logs should hopefully tell the story. If the actual SAE was with it then Gottlieb & Himan knew there were no injuries. Kethra has said the SAE is made simple and easy to understand for Police Officers. It showed NO INJURIES. No subpoena was needed as consent is required prior to the SANE Exam Edited by Baldo, Feb 4 2009, 10:29 AM.
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| sceptical | Feb 4 2009, 10:44 AM Post #123 |
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We do not know if the SAER form was included with the rape kit, which was turned over to the Duke PD, then to the Durham PD, and then to the SBI on March 27 (according to Neff's article). My guess is that the SAER form was retained by Levicy because otherwise she would not have had the time to make the changes on the form she is alleged to have made. If she retained the form, then it was likely turned over to the Durham PD with the rest of Crystal's medical records on April 5. Another possibility is that there was one version of the SAER sent with the rape kit and a second, amended version turned over with the records. Otherwise, how would the attorneys know what changes had been made in the interim? (Speculation only). |
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| darby | Feb 4 2009, 12:12 PM Post #124 |
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I personally think the frame started sometime on the 22nd and more precisely at about 1:30PM. I have my suspicions about the ammendment Kim made to her written statement at 4:00PM. It came almost two hours after she signed her original at 2:15PM following her meeting with Himan at 12:40PM. The ammendment is written not so coincidentally IMO, right after Himan writes that he received word at 1:25PM that the players had lawyered up and none would be attending the little get together at DPD planned for 3:30PM. I've always thought that ammendment was an attempt to discredit the players' story concerning Crystal's things being found in the yard. It was obvious from many of the statements which followed that DPD, Nifong and others were somewhat miffed by the players' cancellation. |
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| abb | Feb 4 2009, 12:19 PM Post #125 |
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Of course they were miffed. The intent was to bully the team members and their families into admitting to some lesser charge. Then they could seal up all the paperwork, or lack thereof, and claim it was all a righteous pinch. |
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| chatham | Feb 4 2009, 12:50 PM Post #126 |
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So the DPD, who remained rather "naive" about the whole case at that time, decided that since the players were not going to cooperate by lawyering up before they were to meet with the DPD for questioning about a rape, now thought that someone in that crowd of 46 actually committed a crime against a woman who could not tell the same story more than once? Yup, I can see how they would blame the players for the lack of ANY evidence about a rape that never happened. |
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| darby | Feb 4 2009, 01:25 PM Post #127 |
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The players had originally scheduled the meeting on advice interestingly enough, from Duke... It seems that they were saved when one of the players broke the "Duke ordered code of silence" and told his parents.. Ouch, bad Duke, bad..... Edited by darby, Feb 4 2009, 01:25 PM.
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| Baldo | Feb 4 2009, 01:52 PM Post #128 |
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The moment Gottlieb starts with this case he overrides the decisions of the officers who interacted with Crystal. After that I don't believe he is investigating the case, rather he applies his old tricks of the trade, Harassing Duke students in Trinity Park. Upset over his transfer and his earlier defeats. Most telling is the Police Investigation Procedure. Boring grunt work will decide this case as Gottlieb and Himan's actions and decisions will be traced from March 15 on. Were notes kept? Were they factual? Did they keep a log? Were witnesses recorded? Were they interested in only inculpatory evidence and did they exclude exculpatory? How were those emails obtained? Why didn't they interview Bissey, the Kroger's guard, Brian Taylor, Manly, Doc O, and Arico? Did they interview Shelton? Why were they taking orders from Nifong? Why was Gottlieb sending out e-mails? What were they doing with the Duke PD? How did they receive private records from Duke? The list goes on and on from the DNA samples, DNASI reports, and those many "briefings" with City Officials and Nifong. To their testimony from "With What" Himan & Gottlieb to the Grand Jury when they in fact knew the DNA evidence proved no Lax Player DNA was found and multiple male DNA of others were found. What were they saying to reporters, "off the record?" When did they read the SAE? That is crucial. They know talking with Levicy doesn't substitute for reading the Sexual Assault Exam Report. That is the senior document and unfortunately for them it doesn't lead one to believe an assault happened. All these details will be examined and I believe after presentation of what is the standard police procedure in an investigation compared to "Ben's Operation"you will see what some of us are saying. Those players Civil Rights were violated by the actions of the DPD, DA Office, and by the other defendants individually. It started the moment Gottlieb took over the "investigation." and moved throughout. It is all said better than me in UPI, It's not about the truth, the three lawsuits, the NC State Bar files and depositions, NC AG SPs, and in court records. Edited by Baldo, Feb 4 2009, 01:54 PM.
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| MikeZPU | Feb 4 2009, 02:09 PM Post #129 |
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I believe that Gottlieb knew full well that there was no rape, even in the earliest days of the frame. Some comments (upon information and belief) regarding the mass DNA swabbing and team interview organized/arranged by Gottlieb: Besides being a fishing expedition for a possible DNA match, perhaps from incidental contact, it is clear from a number of statements that Gottlieb has made that he wanted certain pictures to help advance the frame. In particular, Gottlieb saw some scratches on Dave Evans' arm (I think it was Dave) He wanted pictures of those scratches that he could present as evidence of a struggle with Mangum. That is, Gottlieb would advance the story that Dave got scratched while causing Mangum's fingernails to break off during a violent struggle. Gottlieb was miffed because he wanted pictures of those scratches before they healed, which is why he quickly maneuvered with the NTO to get the pictures ASAP. Gottlieb knew full well that the scratches had nothing to do with Mangum, but he figured with enough lobbing of verbal bombs against the LAX players, particularly wildly exaggerating the alleged racial slur (into Mangum being pelted with racial slurs from everyone at the party) that any amount of scant, even remotely feasible evidence, would suffice to get someone charged. Edited by MikeZPU, Feb 4 2009, 04:17 PM.
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| abb | Feb 4 2009, 02:18 PM Post #130 |
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http://www.merriam-webster.com/dictionary/frame Main Entry: 1frame Listen to the pronunciation of 1frame Pronunciation: \ˈfrām\ Function: verb 3 a: to devise falsely (as a criminal charge) b: to contrive the evidence against (an innocent person) so that a verdict of guilty is assured |
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| Lodge Pro 345 | Feb 4 2009, 03:32 PM Post #131 |
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. Another thing, we learned in Gottlieb's deposition that he was present (and participated) in a lot of critical interviews that the case files don't reflect. Many things people thought for some time were handled by Himan were actually overseen by Gottlieb - he was right there listening and controlling. The tendency is to use the case notes like a diary of investigative activity and that's the furthest thing from the truth in this case. . |
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| MikeZPU | Feb 4 2009, 07:51 PM Post #132 |
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Web site for Mt. Lebanon police: http://pd.mtlebanon.org/ I infer from Himan's notes below that he was NOT happy that Nifong dropped the rape charge. He immediately called Linwood to find out what happened. He's careful with his wording, but it's obvious that it was he (Himan) who suggested that they re-interview Mangum with Gottlieb back in the loop! Himan wanted this case to go to trial! even though he knew it was all lies! Himan was in on the frame big time and wanted it to proceed! He should not be a policeman anywhere! [01/22/2007 14:34, himan, 447, dpd] 12/22/06 - 11:30hrs Received call from mr. Nifong advising me that inv. Linwood wilson had interviewed crystal mangum on the 12/21/06. That interview entailed a conversation in which she could not be 100% certain a penis was put into her vagina. Due to that information Mr. Nifong was dropping the rape charge. I informed my chain of command of the information by contacting my supervisor Sgt. Evans. 12/22/06 - Called Investigator Wilson received voice mail. Later received a call from Inv. Wilson. He had already left on vacation and would advise me of the interview he had the following week when he was back in Durham. 1/2/07 - Spoke to Inv. Wilson regarding his interview with Crystal Mangum. It was discussed that Inv. Wilson. myself and possibly Sgt. Gottlieb should sit down and re-interview the victim regarding the information that she had told Inv. Wilson. 1/5/07 - Contacted SANE Nurse Levicy in reference to setting up an interview. Left voice mail was called back and was given dates she would be available. 1/10/07 was set up at 1630hrs as the time and date of the interview. Inv. Wilson gave her directions to the DA’s office. |
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| Quasimodo | Feb 4 2009, 08:00 PM Post #133 |
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. Why would they have to re-interview Levicy? Anything that she could possibly have said that would be relevant was in her SAE report. That's why a contemporary SAE is written--to record, for future evidence and possible use in trial, everything that could be relevant. There is nothing more that she could add (or add legally); and this being months after the event, how accurate could her memory be for stray details (which for some reason she didn't include in her SAE)? IE, if it's not written down, it didn't happen. Did they want her to write a THIRD version of her SAE? To agree with the new "facts" as revealed by Mangum? (If I were her, I would think it was getting a bit tedious..., but that's just MOO...) Edited by Quasimodo, Feb 4 2009, 08:00 PM.
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| sdsgo | Feb 4 2009, 08:13 PM Post #134 |
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Quasi: "Why would they have to re-interview Levicy? Anything that she could possibly have said that would be relevant was in her SAE report. That's why a contemporary SAE is written--to record, for future evidence and possible use in trial, everything that could be relevant." To see if the "unreported male DNA" would change her opinion; they were facing a Feb. 5th hearing. Edited by sdsgo, Feb 4 2009, 08:15 PM.
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| sdsgo | Feb 4 2009, 08:20 PM Post #135 |
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This thread began with the straight forward assertion that Nifong would enjoy no greater immunity than the police he advised. So what is that standard? “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.” Justice Byron White, Burns v. Reed, No., 500 U.S. 478 (1991) Himan has to be one or the other. |
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