| 20 Questions (from KC) from 2006; revisited | |
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| Topic Started: Jun 23 2009, 09:44 AM (2,398 Views) | |
| Quasimodo | Jun 23 2009, 09:44 AM Post #1 |
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http://durhamwonderland.blogspot.com/2006/09/twenty-questions.html TUESDAY, SEPTEMBER 19, 2006 Revisited today, in the light of what we now know Twenty Questions Today’s N&O reveals the latest in the Durham Police’s inexplicably shoddy investigation into the Duke lacrosse case. On March 14, police initially took the accuser to the Durham Access Center, where involuntary commitment loomed. Three people saw the accuser at the Access Center; one asked her if she had been raped; when she responded yes, this case took a new turn. Mike Nifong long has claimed a single-page log sheet constitutes the only record of the accuser’s 40-minute stay at the Center. A defense motion filed yesterday, however, asserts that at least one Access Center employee took handwritten notes of the accuser’s arrival. No explanation exists as to why Nifong has not turned these notes over to the defense, as state law requires him to do.* [See next post for that article] (snip) The suddenly “discovered” Durham Access Center notes are the latest in a long line of unusual police procedures. Those who didn’t know better would almost assume that the police acted as they did so as to ensure they would possess as scant evidence as possible to take to the grand jury. Some questions to ponder include: 1.) Why, as a recent law enforcement post on Liestoppers asked, did the police not immediately dispatch a unit to the scene of the alleged crime to secure it; and rouse a judge from sleep to obtain a search warrant? “The one reasonable conclusion that could be reached: For this basic tenet to be ignored, the accuser’s alternating and conflicting versions of events could have been determined immediately to be not credible.” 2.) Why, on March 16, did Durham Police not tape record their initial interview with the accuser? That way, the debate over the wildly divergent descriptions she allegedly gave could have been easily settled. 3.) Why, after obtaining access to the captains’ email accounts on March 16, have the police still not (according to a claim by Nifong in his last court appearance) completed their examination of the captains’ emails? What if a crime had actually occurred, and the players had discussed the perpetrators in their emails? 4.) Why did police, in their March 16 and March 21 photo arrays, use lacrosse player photos as the filler photos, even though city procedures required use of fillers uninvolved in any way with the case? 5.) When and how did the police clear Kim Roberts as a suspect for robbery, as the accuser repeatedly alleged in her early statements? Did this matter account for the strange delay (8 days after the alleged incident) before they interviewed Roberts? If not, why did the police wait so long to track down such an important witness? 6.) When Roberts gave her statement to police on March 22, why did they not show her a lineup–rather than wait until May 11, almost two months later? 7.) What accounts for the police not immediately clearing up whether or not non-lacrosse players attended the party? What if a crime had actually occurred and non-players were responsible? 8.) Why did police (or Nifong) not immediately learn of the accuser’s previous allegation of a three-man gang rape? 9.) On March 23, Nifong's office asked the court to order non-testimonial photographs. What justification did the police and Nifong have to have avoided mentioning that the department had already done lineups with the lacrosse players’ photos; and had obtained descriptions of the possible attackers from the accuser; and in those lineups, the accuser couldn't identify any suspects? 10.) What rationale did the police have for allowing the accuser to wait until 23 days after the incident to give her statement, since that statement should have formed the basis for their inquiry? 11.) Why did police wait until 23 days after the incident, or April 6, to obtain a statement from the accuser’s “driver,” Jarriel Johnson–a statement that revealed some troubling behavior by the accuser in the days before the incident? 12.) Why did the police and Nifong not investigate the accuser’s cellphone records before securing indictments? What if the accuser had placed a phone call describing her alleged attackers? 13.) Why did Nifong and the police not investigate the alibis of Reade Seligmann and Collin Finnerty before arresting them? 14.) Why did the police not search suspects’ rooms before securing indictments? 15.) Why was Nifong’s chief investigator, Linwood Wilson,apparently unaware that the accuser had changed her story in statements to police? A few questions of evidence preservation also seem self-evident. 16.) Why have police not turned over, as required, the March 14 radio call of Sgt. Shelton to police headquarters–the initial contact between law enforcement and the accuser? 17.) Why have police not turned over, as required, their internal e-mails on the case–documents it should take virtually no time to produce? [AFAIK, this turnover is still pending? A sheaf of papers two inches thick was given to Officer Ross of the DPD; that's equivalent to about 500 pages, which is a lot of emails...Has the defense--or anyone else--received these?] 18.) Why did Sgt. Mark Gottlieb apparently take handwritten noteson only one day during the entire investigation? These questions lead to two other questions, which are not mutually exclusive: 19.) Are the officers handling this case, headed by Sgt. Gottlieb, as stunningly incompetent as the above record suggests? 20.) Did the officers handling this case, headed by Sgt. Gottlieb, understand that once Nifong publicly proclaimed that a rape occurred on March 27, they needed to avoid uncovering any and all evidence that could contradict the D.A.’s theory? |
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| Quasimodo | Jun 23 2009, 09:51 AM Post #2 |
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Employee kept notes of interaction with accuser BY ANNE BLYTHE - STAFF WRITER Published: Mon, Sep. 18, 2006 04:14PM Modified Mon, Sep. 18, 2006 04:28PM http://www.newsobserver.com/1185/story/487858.html DURHAM -- (snip) In the early hours of March 14, the accuser was taken to Durham Access Center because she reportedly met the criteria for involuntary commitment, defense lawyer Brad Bannon wrote in the motion filed in Durham County Court today. (snip) Gerri Lomuriel Wilkes, who was working at the center the morning the accuser came in, took hand-written notes of her observations, according to the motion. (snip) District Attorney Mike Nifong has told defense lawyers during discovery hearings that no notes were made at the center, that only a log existed from there. (snip) Also, defense lawyers are asking the state for a bill of particulars in which they hope to get a more precise timeline of the alleged offenses and find out which bathroom at 610 N. Buchanan the gang-rape allegedly occurred. They also are asking the state to specify which "sexual act" each defendant is accused of committing. [This would have been impossible, given Crystal's continuing changes of stories and mix-ups. The 6th amendment guarantees the right to know exactly what one is charged with. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." Had Nifong been required to produce a Bill of Particulars, the case would have been shown up for the hoax it was. |
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| Quasimodo | Jun 23 2009, 09:51 AM Post #3 |
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Odd that the nurses kept notes, but the police officers did not... |
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| Joan Foster | Jun 23 2009, 10:42 AM Post #4 |
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Have we ever seen these notes? |
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| Joan Foster | Jun 23 2009, 10:58 AM Post #5 |
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Let's turn this around a bit. If Mangum was as believable as Baker, Levicy et al. would later tell us she was...then, assuming the DPD is a fine police department and DUMC is a stellar medical facility...then what we are seeing is their best and standard effort dealing with a possible rape "victim." I would question all of them from that perspective. "So... when a woman suffering "blunt force trauma"as your employee Levicy described... and all the attending injuries (certainly some had to be visible to the naked eye...remember three strong athletes had raped beaten, kicked her,slammed her head)...when a woman presents like this to DUMC, it is your standard of care to allow her to lay around FOR HOURS...until the next morning? If so, how do you justify treating any possible rape victim as you treated Mangum? If it is NOT your standard level of care for rape victims, what made a difference in your treatment of Mangum? EITHER IT IS YOUR STANDARD LEVEL OF CARE or YOU TREATED MANGUM DIFFERENTLY. Which is it? Of course, we KNOW the answer: THEY DID NOT BELIEVE HER...but this sets up a situation where either THAT is admitted or DUMC is one god-awful hospital in regard to any real rape victim. Likewise, ask DPD if the questions you pose are standard operating procedure for a criminal investigation of a heinous rape? Yes? No? Either they admit they did not believe Mangum or they are one extremely poor excuse for a police department. Is this how they treat a rape victim Baker says they so ardently believed? I'd love to see them choose how to reply: negligence?, incompetence?..or..well..ahhh...we didn't believe her either. Edited by Joan Foster, Jun 23 2009, 11:25 AM.
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| Joan Foster | Jun 23 2009, 11:03 AM Post #6 |
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"So...were you incompetent at first...or engaged in a cover-up later?" Those are the only two choices. |
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| Acc Esq | Jun 23 2009, 11:20 AM Post #7 |
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Excellent cross-examination material. I had not thought of this angle before. |
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| nyesq83 | Jun 23 2009, 11:30 AM Post #8 |
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If Mangum was indeed improperly treated by the Hospital, I have wondered - why have her handlers never tried to work that angle? or maybe something happened behind the scenes to effectively buy her silence - she DID receive victim's funds per the arrangements of Nifong, DPD and others (Cy, Victoria, who else?)... |
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| Sherp | Jun 23 2009, 11:39 AM Post #9 |
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Joan, Doctors and Nurses do not make judgements about quilt or innocence in criminal cases. It is not a case of "believing" Crystal's story. Its a case of evaluating her physicaly and treating any injuries found (there were not any), collecting swabs and clothes for testing at the Lab. They don't make judgments on whether or not a women was raped or her story is true. Crystal was evaluated by three Doctors and clearly none of them found any injury or medical problem to be treated. If they had, they would have treated those injuries. With no physical problem to be treated and Crystal passed out in the hallway on a stretcher, they choose to wait for an Emergency Nurse who happened to be In Training to be a SANE nurse to arrive on duty - to do the checklist, collect the swabs and put them all in the rape kit box. As it turned out the Nurse only did the Check List and a fully qualified, almost completed ED Residency Doctor (thats ten plus years of Doctor Schooling) collected the swabs. I doubt that DUMC will make that decision again but will call in the ON CALL SANE, who can take up to six eight hours to arrive on the scene normally. Its an ON CALL part time job and they arrive when they arrive. The swabs and clothes were sent to SBI and found negative for the Lacrosse Team DNA. The cops do the evaluating of the story and the DA decides whether or not there is a case for indictment. DUMC is not part of the Investigation team for criminal complaints. Most of us have been watching ER for fifteen years and do we ever see the Doc's getting involved with the investigation? They may call in the cops to report a suspected child abuse, etc but in this case, the cops brought Crystal to DUMC. In my opinion, this is the sequence of events KC never understood. Edited by Sherp, Jun 23 2009, 11:59 AM.
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| nyesq83 | Jun 23 2009, 11:40 AM Post #10 |
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That is, we can tell that she had been advised to sleep it off in the hospital until the morning; that's pretty shabby treatment for a victim of a violent gang rape and beating - she probably begged off the exam/treatment, kept changing her story, told wacky tales about being a cop, and they said, "Look at her records, she's just trying to get drugs from us." Enter Levicy the next morning and she jumps at the chance to help out poor Crystal, and reactivates the craziness - remember it is hours later when she comes in, and Crystal is screaming!!!! |
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| Joan Foster | Jun 23 2009, 12:17 PM Post #11 |
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I understand what you are saying. But here's my point. Most of us DO assume that when a "victim" presents at a hospital with what will later be called "blunt force trauma" ...it suggests a level of immediacy. I would imagine good medical care is not... determining guilt or innocence...but the judgment of some relative immediacy of further care and testing of the patient before you.. "Blunt force trauma" indicates (to me at least) a level of violence. That level of violence should set into motion an expectation of further evaluation and attention. If I present with a child that I say I cannot get to stop crying with no other attending explanation...I would expect a more laid back level of care than if I say that same child fell from our balcony. The injuries Levicy would attest to in her conversation with Gottlieb...and that the hospital would stand behind as these kids were persecuted...are violent injuries..."blunt force trauma"..."signs and symptoms of a violent gang rape." So they lay her in the hall to sleep it off? Is that THEIR STANDARD of care for a victim of a supposed horrific episode? If your daughter or wife presented at Duke alleging this violent rape...do you expect her to lay in a hall for hours? Are you saying the SANE can float in whenever she feels like it? This is compassionate care for a woman who supposedly has just been through a horrific rape by three athletes? The truth is an assessment of immediacy WAS made.They did not believe her. Now we know from the SANE report that those injuries were not present. They know that too...knew it from the get-go. But THEIR employee was either allowed to put a false story out there of violence that did not exist...or Mangum received pretty poor treatment at DUMC. If they believed her and her first exams supported Levicy's later assertions... she had all these signs and symptoms of rape...she was treated with callous disregard. If they didn't believe her...where were there voices during the long months of Fantastic Lies of Levicy? |
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| Joan Foster | Jun 23 2009, 12:26 PM Post #12 |
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Specialized Care Units Patients arrive at the Emergency Department with illnesses and injuries that range from fairly minor to potentially fatal. Those suffering from acute physical or mental health emergencies, who are unstable, or who have life-threatening illnesses or injuries are immediately placed in the appropriate treatment unit -- Adult Emergent Care for patients older than 21 or Pediatric Emergent Care for patients younger than 21. There, multidisciplinary teams conduct emergency evaluations, and perform the necessary resuscitation, stabilization, treatment, and/or post-resuscitation critical care. Patients who come to the Emergency Department with less critical medical conditions are evaluated and prioritized by emergency care nurses. Patients are monitored until they are seen by a physician, who treats them and determines an appropriate plan of care. All care is delivered under the supervision of an attending physician. http://www.dukehealth.org/Services/Emergency/Programs/EmergencyMedicineAndTraumaCenter I would think a violent rape and beating by three to twenty men would at least indicate some "mental health issues" that might upgrade one from laying out in the hall. Edited by Joan Foster, Jun 23 2009, 12:28 PM.
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| Sherp | Jun 23 2009, 12:29 PM Post #13 |
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Joan, people who have suffered horrific injuries are not sleeping or passed out in the hall. They are in Trauma 1 with a full court press to handle their physical condition. I am assured that with three Doctor's evaluating olde Crystal that there were no physical injuries. And yes, as the SANE job is an ON Call Part Time position, they do float in to the ED to do the rape kit. They get there when they get there. The job is not to treat injuries but do a checklist, collect swabs and clothes for exam by trained personell at the SBI lab. The DNA is not disintegrating as the patient waits for swab collection. In most ED's the Doctor (we have seen Mark Greene do this numerous times) collects the swabs and any RN can do the check list. Its not nuclear physics. She may have been passed out in the hallway but she was not untreated. She was waiting to have the Rape KIt preformed. I have never seen a SANE on ER either. The first three evaluations done by Doctors was between 2AM and 7AM. Levicy did not come on duty till 7AM so obviously none of the Doctor's were influenced by her opinion. She was not there. It was four other nurses who assisted the Physicians. Where was the voice? Certainly not from Doctors and Nurses. Actually, Levicy has never made a public statement and all this stuff came from NIfong, the liar and cad. He also demonstated the CHOKE. Edited by Sherp, Jun 23 2009, 12:40 PM.
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| Joan Foster | Jun 23 2009, 12:33 PM Post #14 |
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Most SANE programs use a pool of SANEs who are on call 24 hours a day. The on-call SANE is paged whenever a sexual assault victim enters the community's response system9 and usually responds within 30 to 60 minutes. http://www.ojp.usdoj.gov/ovc/publications/bulletins/sane_4_2001/4.html DUMC is THIS FAR off the standard mark?!!! |
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| Sherp | Jun 23 2009, 12:43 PM Post #15 |
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I have read where a patient can and has waited up to six to eight hours for a SANE to arrive. I have read that from articles printed by SANE nurses. No one could say that DUMC was neglient when a patient is treated by three doctors and assisted by four nurses in a five hour time period. IF a Government publication states 30 to 60 minutes, you can be sure its at least triple that. The rape kits I have seen performed were done by a Physician and an RN assist. Pediatrics ends at 18 in most instances. Anyway Joan, as the prosecutor said to the turkey in the witness box, "So, as you and Farmer Jones wrestled for control of the axe........" The funniest joke ever. Edited by Sherp, Jun 23 2009, 12:57 PM.
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