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UPDATED CHRONOLOGY OF DUKE LACROSSE CASE: MAY 2006; Evans Indicted, Nifong's Case Starts to Unravel
Topic Started: Jan 24 2010, 04:28 PM (1,239 Views)
sceptical

UPDATED CHRONOLOGY OF DUKE LACROSSE CASE: MAY 2006

By sceptical
(Thanks for comments and suggestions to JSwift, Quasi, Baldo, and Q.A.)

MONDAY MAY 1: The radical group New Black Panthers tries to enter the Duke University campus. Speaking to reporters, Malik Shabazz, the group's national director, says protesters are seeking to silently walk through campus and not cause any disruption. The group is met by Duke police, including director Robert Dean Jr., who denies them access.

Kirk Osborn, representing indicted lacrosse player Reade Seligmann, argues in a court motion that the photo lineup used to identify his client was unconstitutional and procedurally incorrect. Osborn suggests any identifications made should be suppressed if the case goes to trial. The defense motion calls the lineup a "multiple-choice test with no wrong answers" and "a pin-the-tail-on-the-donkey identification" of Seligmann. Osborn also calls for Durham District Attorney Mike Nifong to be removed from the case, claiming that Nifong "is willing to prostitute the truth and fair prosecution for his personal gain in his hotly contested election."

Nifong fires back at Osborn in an interview with the Raleigh News & Observer (N&O): “Some people try cases in the media by filing motions that contain outrageous and false statements in the hopes that the media will report on those statements as if they were true," Nifong says. “If I were him, I wouldn't want to be trying the case against me either." Nifong notes he is having trouble absorbing all that was filed: "I just don't have as much time for reading fiction right now."

A Duke University committee headed by law professor James Coleman recommends that the lacrosse team resume play next season, but asserts the team needs strict monitoring because of a long history of problems tied to alcohol. It finds that while the team performed well academically and athletically, "a large number of the members of the team have been socially irresponsible when under the influence of alcohol." "We looked closely but found no compelling evidence to support claims that these players are racist or have a record of sexual violence," says the committee report.

Duke President Richard Brodhead issues a statement on the Coleman Committee report, saying in part, “They were not asked to investigate any of the events related to the criminal allegation, which is properly the responsibility of the Durham Police and the District Attorney. The committee’s task was to study the conduct of the men’s lacrosse team over the past several years to determine whether the team had a history of ‘outlier’ behavior and whether conduct violations had been addressed in appropriate ways.”

Durham Police Inv. Ben Himan interviews Matthew Murchison, accuser Crystal Mangum’s boyfriend, and arranges for a DNA sample to be taken from Murchison.

TUESDAY MAY 2: In the North Carolina primary election, Mike Nifong defeats Freda Black, 45, a former assistant prosecutor in Durham, and Keith Bishop, 43, a lawyer in private practice, for the Democratic nomination for Durham district attorney. Nifong wins 45% of the vote.

Kirk Osborn, attorney for Reade Seligmann, releases pictures of his client taken at an ATM machine at 12:24 a.m. March 14, the night of the alleged attack. The photos call into question the timeline claimed by prosecutors.

WTVD airs an interview with a Duke lacrosse player, who did not want his identity revealed. The player says there was no rape at the March 13 party and defends the coach and the team. He says Duke officials turned their backs on the team. "From the get-go, we've only had each other to fall back on," he states. "We've been convicted in the media. Our university turned its back on us...They didn't stand up for us. We feel neglected, and we feel that our loyalty to the university wasn't reciprocated."

Duke professor Houston Baker blames President Brodhead and athletic director Joe Alleva -- as well as men's basketball coach Mike Krzyzewski and women's basketball coach Gayle Goestenkors -- for failing to take a leadership role immediately after the allegations of rape by lacrosse players. "That should have happened, and it should have been followed by a plan of action," Baker says. "What actually transpired was silence."

Malik Zulu Shabazz of the New Black Panthers tells Fox News Channel that Mike Nifong shared information and evidence about the case during a meeting May 1. When Fox's Brian Kilmeade tells the Black Panther leader that the accuser’s father didn't want them in Durham, Shabazz says the accuser’s father should keep his mouth shut.

WEDNESDAY MAY 3: Within the next couple of weeks, a second set of DNA test results could be back and a third Duke lacrosse player could be indicted in connection with the rape allegations, Nifong tells WRAL. "I'm confident a sexual assault took place in that house," Nifong asserts.

President Brodhead sends a letter to Duke students, who are leaving for the summer: “Since late March, life has been challenging here in a variety of ways. Questions have been raised that are important to work through but sometimes painful to confront. Members of our community have been thrown under a cloud with little way for us to know what is deserved, what not. The local and national media have created an overwrought atmosphere around the story while intruding powerfully on our daily life. Dukies have been made objects of stereotype and prejudgment by the very world that pretends to deplore such things.”

Leaders of the North Carolina Chapter of the NAACP announce a special forum to be held May 24 on how the rape allegations are impacting the community. Leaders say a critical topic is the role of the media in the investigation. They suggest the media has portrayed the alleged victim as an object instead of a woman and that the community's thirst for a scandal has “dehumanized the culture.”

THURSDAY MAY 4: DNA Security Inc. receives an additional false fingernail specimen from the party house and reference DNA swabs to continue YSTR DNA testing in the case. The lab, headed by Brian Meehan, does lab analyses on May 4-5 and May 8-10.

FRIDAY MAY 5: Two men are reported to be moving things out of the 610 N. Buchanan house where three Duke lacrosse players were alleged to have raped a dancer. Three lacrosse captains lived at the home, but moved out after the rape allegations. One of the men says that he's a friend who was trying to help the players get their belongings.

SATURDAY MAY 6:

SUNDAY MAY 7:

MONDAY MAY 8: Duke underestimated the rape allegations against members of its lacrosse team in part because Durham police initially said the accuser "kept changing her story and was not credible," according to an official university report written by Julius Chambers and William Bowen. The day after the March 13 team party, Durham police told campus officers that "this will blow over," the report says. It states that the woman initially told police she was raped by 20 white men, then said she was attacked by three. Police told the Duke officers that if any charges were filed, "they would be no more than misdemeanors," the report says.

President Brodhead issues a statement on the Bowen-Chambers report. “I read with considerable interest the report’s analysis of why the administration did not respond more swiftly to the incident and of how our work was complicated by the sporadic fashion in which information came to light. As Drs. Bowen and Chambers note, the situation was one of rapidly changing circumstances and considerable uncertainty—indeed, the events at the heart of the case remain in dispute to this day.”

Lacrosse captain David Evans loses a deal that would have prevented charges for prior alcohol and noise violations after prosecutors say he violated the agreement by co-hosting the March 13-14 party. He had been granted deferred prosecution on charges of having an open container of alcohol in a vehicle in August 2005 and for violating a noise ordinance in January, 2006. Judge Ann McKown reinstates the alcohol charge and attorney Brad Bannon enters a guilty plea on behalf of Evans, who did not attend the hearing. McKown fines him $100. Six other players may also be back in court on previous charges unless they can prove they were not at the party. Acccording to Nifong, deferred prosecution deals are made and negated at the DA’s discretion.

The Guardian (U.K.) prints a story “Duke Lacrosse: news on a silver platter. An uncommon convergence of themes turned a rape accusation against college lacrosse players into one of the year's biggest stories.” The article illustrates the world-wide attention to the controversy.

TUESDAY MAY 9: Durham Mayor Bill Bell claims the information released in the Bowen-Chambers report was the first he had heard about the accuser switching her story. All the briefings about the case, he says, never included that information. City Manager Patrick Baker says there is no way to know if the report is credible. He says it contradicts the actions of the police department, and that police took the rape allegation seriously. "We immediately launched a full-scale investigation," Baker states. "We assigned two officers. Within days, we were meeting with the complaining witness. We also searched the residence (where the alleged rape occurred) and made arrangements to interview the entire team for the following week."

Duke University releases a copy of the one-page police operations report written by Duke police officer Christopher Day on March 14. The existence of Day’s report is revealed in the Bowen-Chambers report, and the media demand access to it.

Linwood Wilson, investigator for the DA’s office, contacts Durham Police Inv. Himan to tell him that Nifong wants to know when taxi driver Moezeldin Elmostafa, alibi witness for Reade Seligmann, would be arrested. Himan assures Wilson that Elmostafa would be arrested the next day.

WEDNESDAY MAY 10: City Manager Baker states a Duke police report that downplayed the lacrosse gang-rape allegations stemmed from what an officer overheard. Duke Police Officer Day filed the report, saying Durham police charges would not exceed misdemeanor status in the rape allegations. The police report states the accuser changed her story several times and said she told Durham police the attack involved 20 men. Baker says Day based his report on a phone conversation he overheard being made by a Durham police sergeant.

At a news conference, Duke police officials confirm that their own report March 14 that "the victim changed her story several times" was based on secondhand information rather than direct statements from Durham police. Officer Day included comments he overheard from a Durham officer but did not follow up with Durham police to verify the information. "It's what he overheard at the time," Robert Dean, director of the Duke Police Department, says. Aaron Graves, associate vice president for campus safety and security, claims the report was a preliminary account for informational purposes only. Duke officials say Day did nothing wrong, but Graves adds, "We clearly could have done a better job."

The transcript of Crystal Mangum’s April 6 photo lineup is released revealing that she identified four attackers, including Reade Seligmann, Collin Finnerty and two others (later revealed to be Dave Evans and Matt Wilson) she was not sure about. The transcript is part of a motion filed May 1 by Kirk Osborn, who asserts that Nifong encouraged Durham police to violate departmental policy regarding photo lineups. At Nifong’s direction, the accuser was shown only pictures of the 46 lacrosse players, with no fillers added to the lineup, which Osborn calls "unnecessarily suggestive and conducive to irreparable mistake and misidentification."

Durham police arrest alibi witness Moezeldin Elmostafa on a 2 1/2-year-old misdemeanor warrant. The taxi driver says Inv. R.D. Clayton and another officer asked whether he had anything new to tell them about the alleged rape case before driving him to the Durham County jail. He said no and was held for five hours, until a friend posted his bail on a shoplifting charge. Elmostafa signed a sworn statement in April saying he picked up Seligmann from the lacrosse team party just after midnight March 14 and drove him to an automated teller machine, a fast-food burger joint and back to his dorm.

Attorneys for Collin Finnerty persuade Superior Court Judge Ronald Stephens to delay a hearing. Finnerty was to appear May 18 on felony charges of rape. Finnerty's attorneys, Bill Cotter and Wade Smith, file a motion asking for a continuance after meeting May 9 with Nifong, who they say indicated he would be unable to answer the lengthy discovery motions filed in time for the scheduled hearing. Stephens signs an order moving Finnerty's hearing to the week of June 19. Seligmann is still scheduled to appear at the May 18 hearing.

THURSDAY MAY 11: Sources tell WRAL that tissue found under a fake fingernail is a partial DNA match to a Duke lacrosse player (later revealed to be Dave Evans) who has not yet been charged in the case. The fingernail, found in a bathroom trash can, belonged to accuser Crystal Mangum, who told police that she clawed her attackers during an alleged struggle. Initial testing by the State Bureau of Investigation on 46 lacrosse athletes' DNA samples found no link between the dancer and the players. Attorneys representing some of the players say they believe the latest preliminary results have no value and that any player could have picked up the fingernail and thrown it away.

Durham Police Investigators R.D. Clayton, Mark Gottlieb, and Ben Himan conduct a secret photographic identification procedure with second dancer Kim (Roberts) Pittman, using the lacrosse players’ photographs from the NTIO. The results of that procedure are never produced to defense attorneys.

The News & Observer publishes an article about an interview with Pittman:
“When Kim Roberts drove off from Kroger in the early hours of March 14, she wrote off the evening as an odd episode in her job as an escort service dancer. She and another dancer had given an abortive performance at a Duke lacrosse party; players hurled racial slurs at her as she left; her fellow dancer passed out in her car, so impaired that police had to pry the woman out. "I just thought it was a weird evening," Roberts said. "And it was over."

Durham police had no ulterior motive when they arrested alibi witness Moezeldin Elmostafa on an old misdemeanor warrant, claims Nifong. The arrest of the cab driver drew fire from defense attorneys, who said the arrest of a key defense witness was intimidation. It is common practice for police to run the names of people involved in a case because they don't want any surprises when the case goes to court, police spokeswoman Kammie Michael says. Investigators, who took Elmostafa to jail on a 2003 warrant for misdemeanor larceny, did not ask him specific questions about the lacrosse case, she claims.

Sheriff's officials tell the news media to stay off the floor of the Durham County courthouse on which Mike Nifong's office is located. A visit to the sixth floor of the Durham County Judicial Building by a reporter from the N&O is followed by an e-mail sent to the newspaper and other media by Maj. Lucy Zastrow of the Sheriff's Office. Nifong says he had talked to Zastrow about keeping television cameras from stalking him every time he leaves his office. Reporters have followed Nifong to a water fountain and to the bathroom. "It was just shameful," Nifong says. "It makes it a circus up here."

FRIDAY MAY 12: Himan, Gottlieb and Nifong meet with Brian Meehan, director of DNA Security, Inc. of Burlington, NC, to go over a 12-page “final report.” The second round of DNA testing done by DNASI reveals no decisive matches with any of the lacrosse team. Some genetic material on a fake fingernail found in the trash in the lacrosse house is consistent with the DNA of Dave Evans, who lives in the house but also others in the company’s data base. It is later revealed the report is incomplete, hiding exculpatory evidence showing DNA from multiple other men in Mangum.

Defense attorneys at an evening press conference reveal that the second round of sensitive DNA tests show no conclusive DNA links between any Duke lacrosse players and Crystal Mangum. Attorney Joseph Cheshire says that DNA from a "single male source" was found on a vaginal swab taken from Mangum. However, the unidentified male is not a lacrosse team member. Cheshire also says that a partial match to team members was from a fake fingernail found in a trash can in the party house. The trash can also contained cotton swabs, tissue, toilet paper and other items that would carry the DNA of people who used the bathroom, Cheshire says.

SATURDAY MAY 13: If there are changes to be made at Duke University stemming from its handling of the nationally publicized rape charges, President Brodhead should be the driving force -- not the university's board of trustees, the board's chairman Robert Steel says. "We have conversations with the president. He asks for our perspectives on these issues. And we all share," says Steel. "But we're quite confident he's the best person to decide ... to throw it into which gear and go at what speed." Steel states at a news briefing that Brodhead has exhibited strong and consistent leadership in the past two months in the eye of a national firestorm. "The reality of things is that the administration will drive change," Steel asserts. "The president runs the university."

The Durham PD erases the police radio call tapes for March 13-14, according to a later claim by prosecutors. Department tape use policy calls for tapes to be reused after 60 days. The tapes had been requested in a prior April 28 motion by the defense.

SUNDAY MAY 14: Thousands of Duke University students celebrate their graduation at the school's 144th commencement, capping an academic career that included a tumultuous final two months as the campus dealt with allegations of rape. by lacrosse team players. A Duke spokesperson says more than 4,000 students, both undergraduate and graduate, were eligible to take part in the ceremony. Historian John Hope Franklin is the commencement speaker. Dave Evans is one of the graduates.

The Washington Duke Inn refuses to allow graduating lacrosse team seniors and their families to hold their traditional senior dinner, even though reservations had been made a year in advance, citing safety concerns.

Crystal Mangum’s parents Mary and Travis, speak to CBS' "48 Hours," claiming their daughter has been portrayed unfairly. "She is a beautiful young lady and that she is a good girl. She is not bad," Mary says. "She has always been my baby girl and I will always love her," Travis says. Mary and Travis also tell "48 Hours" that even though their daughter is afraid to leave her house, she is trying to keep up with her course work in college by taking classes online. They claim their daughter was trying to make a better life for herself and her children. They also state they had no idea their daughter returned to exotic dancing just a couple of months before the incident to make money for college.

MONDAY MAY 15: After testimony by Durham Police Inv. Ben Himan, a Durham County grand jury indicts lacrosse player Dave Evans, 23, of Bethesda, Md., on charges of first-degree rape, first-degree sexual offense and first-degree kidnapping. "I am absolutely innocent of all the charges that were brought against me," says Evans, who graduated Duke the day before. He was joined at a news conference by the other seniors on the lacrosse team before surrendering to Durham authorities. "These allegations are lies. Fabricated. And they will be proven wrong." Evans is released after paying $400,000 cash bond.

Nifong issues a statement after the indictment:
“Today, the Durham County Grand Jury indicted David Forker Evans on charges of first degree rape, first degree sex offense, and first degree kidnapping. I do not anticipate that there will be any further indictments in this case.
At the outset of this investigation, I said that it was just as important to remove the cloud of suspicion from the members of the Duke University lacrosse team who were not involved in this assault as it was to identify the actual perpetrators. For that reason, I believe it is important to state publicly today that none of the evidence that we have developed implicates any member of that team other than those three against whom indictments have been returned.”


Duke University also issues a statement on the indictment of Evans:
“Over the past several weeks, Duke University officials and others in our community have emphasized the importance of not rushing to judgment and letting the legal system establish the truth regarding the incident of March 13…. It is important to remember that an indictment is not a conviction. Ultimately, the District Attorney will be responsible for presenting his evidence, and a jury will decide the innocence or guilt of Mr. Evans and the other two young men who have been charged. As Duke President Richard H. Brodhead has said consistently, a person in our legal system is innocent until proven guilty. It is worth repeating again today that these latest charges do not mean the accused are guilty. That is for a jury to decide.”

Defense attorney Kirk Osborn asks in a motion that the Durham Police Department turn over all notes, tapes and information relating to the case to the Durham County District Attorney's office. The court document says attorneys are concerned because Durham City Manager Patrick Baker has been interviewing police officers and may have pressured them to "get their stories straight." Baker, during Durham's City Council meeting, denies the assertion. "I'm not asking them to get their stories straight at all," Baker says. Baker claims he interviewed officers after a Duke University report came out saying they had not taken the rape allegations seriously in the beginning.

According to the N&O, "In a profanity-laced tirade Monday (May 15) morning, Nifong told one of Evans' attorneys that he was unhappy with the Friday news conference. In addition to discussing the test results, Cheshire accused someone in the District Attorney's Office of leaking the test results to the media. Nifong told lawyer Kerry Sutton that he would do no more favors for Cheshire. The comment and the swearing could be heard clearly across the sixth floor of the courthouse.”

TUESDAY MAY 16: It is revealed that Dave Evans passed a private polygraph test after Durham police investigators refused his offer to take one. Evans then took a private one April 21 administered by Robert J. Drdak, a former FBI special agent with 28 years experience. In his polygraph report, Drdak says, "it is the opinion of the examiner that this examination strongly supports the truthfulness of Mr. Evans concerning the relevant questions as noted and answered above.” Evans also claims that prosecutors have refused to talk to him despite repeated attempts by his attorneys.

Lacrosse team co-captain Dan Flannery is found innocent of unrelated charges stemming from a January, 2006 party at the Buchanan Blvd. house. A neighbor called police Jan. 10 when she said she heard banging or drumming on trash cans. Officers arrived and cited Dave Evans and Flannery for loud music at the party. Judge David Q. LaBarre rules prosecutors could not prove that Flannery was responsible for drumming and police could not show that music from the party was disturbing the neighborhood. The police also did not give the men a warning before issuing a citation. "It seems to me this court and all other courts can make better use of its time than dealing with such cases as this," LaBarre states. After Flannery's acquittal, Asst. District Attorney Ashley Cannon says she expects the case against Evans to go forward.

WEDNESDAY MAY 17: Crystal Mangum’s mother declines to speak to the press and referred questions to Durham attorney Mark Simeon. The family has not hired him officially but is consulting with him, the mother says.

THURSDAY MAY 18: Reade Seligmann attends a hearing before Judge Ronald Stephens, who refuses to reduce Seligmann’s bond from $400,000. In the courtroom Seligmann endures taunts from members of the New Black Panther Party, one of whom repeatedly yells, "Justice will be served, rapist." Judge Stephens also declines to put the case on a fast track, "This case is not going to jump ahead of the line and be handled any differently."

Defense attorney Kirk Osborn asks Judge Stephens to allow a defense expert to examine a cell phone that Crystal Mangum had the night of the incident. Osborn says the phone was found outside of the 610 N. Buchanan house and brought inside. Police later took the phone. Nifong says prosecutors are not interested in the contents of the phone, such as the last 10 numbers called, but Osborn insists that's information the defense should be allowed to see. Stephens agrees, but says he wants to review whatever information was retrieved from the phone before it was acted upon by lawyers for either side. Stephens does grant Osborn's request to preserve the notes and records written by police officers involved in the case.

Nifong provides the defense with a copy of what he claims to be his entire case file. Nifong says the file includes 1,278 pages of evidence, two VHS tapes and a compact disc containing photos. "The state is not aware of any additional material or information which may be exculpatory in nature with respect to the defendant," Nifong writes in a court filing. The NC State Bar later determines this statement to be a falsehood.

Alex Charns, lawyer for a lacrosse player, asks for a Durham Police internal investigation into a poster and fliers that he says unfairly implied all 46 team members were guilty of raping the accuser. Charns says the material was distributed before Nifong said he had sufficient evidence to indict only three players. The materials, which offered cash rewards for help solving the case, "impugned the entire lacrosse team," Charms writes in an e-mail to City Manager Patrick Baker and Police Chief Steve Chalmers. The material was produced by Crimestoppers, a nonprofit crime-fighting group, independently of any Durham agency, and no internal investigation is planned, city spokeswoman Beverly B. Thompson later claims. It is later discovered that Durham police officer David Addison was involved in producing the poster and fliers.

FRIDAY MAY 19: The N&O reports the latest DNA analysis showed that Crystal Mangum’s boyfriend is the most likely source of sperm found in her body. However, Brian Meehan, the director of the private laboratory in Burlington that conducted the test, says it is impossible to pinpoint when the woman had sex. "In general, if we test a vaginal swab, there's no way to determine how old the semen is on that swab," according to Meehan. Meehan would not discuss the tests conducted in the lacrosse investigation.

SATURDAY MAY 20:

SUNDAY MAY 21:

MONDAY MAY 22: Defense attorneys file a motion asking for results of any toxicology tests done at Duke Hospital on Crystal Mangum. Seligmann's attorneys want a judge to order prosecutors to provide any reports "generated from blood, urine or other biological samples" collected from the accuser. In the motion, they cite a story published in Newsweek earlier in the month that said Nifong "hinted" such tests would reveal the presence of a date-rape drug.

In a second motion, the attorneys say information was missing from the case file given them by Nifong, including "a substantial portion" of a report on the sexual-assault exam. "It is clear from the discovery provided that discovery in this matter is nowhere near complete," the motion states.

TUESDAY MAY 23: The Herald-Sun reports the accuser told police no condoms were used in the alleged assault.

WEDNESDAY MAY 24: Clergy, sexual violence counselors, lawyers and community activists gather at a downtown church to discuss the fissures that have divided Durham since the onset of the lacrosse case charges. Leaders of the state chapter of the NAACP organize the forum in order to face up to what they describe as the racism, classism, sexual violence and media sensationalism exposed in the case. Eight speakers touch on the issues including Duke Divinity Professors William Turner and Amy Laura Hall; Cash Michaels, editor of a twice-weekly black-owned newspaper in Raleigh; Al McSurely, a lawyer from Chapel Hill; and William Barber, president of the state NAACP chapter.

In a show of solidarity with the men’s lacrosse team, there is a report that members of Duke’s women’s team plan to wear sweatbands with the word “Innocent” written on them. The team plays Northwestern in the NCAA semifinals.

Lacrosse team midfielder Matthew Wilson is charged with driving while impaired, misdemeanor possession of marijuana, misdemeanor possession of drug paraphernalia and running a red light after a traffic stop. He is released after signing a promise to appear in court Aug. 1. Wilson is suspended indefinitely from the team 10 days later.

Increasing media skepticism about Nifong’s case is highlighted when MSNBC’s Dan Abrams, who reviewed the case file, states ”The Duke University rape investigation, I made myself clear yesterday that if the D.A. has turned everything he has to the defense as he‘s required to do by law, then I think he has no choice but to drop the charges.”

THURSDAY MAY 25: Lawyers for Collin Finnerty ask in a new court motion for Mangum’s descriptions to police of the men she says attacked her. "At some point in their interviews and investigations, one or more of these officers asked (the accuser) to describe the men who she claims sexually assaulted her, and (she) provided some answer to that question," the motion filed by lawyers Bill Cotter and Wade Smith says.

ESPN.com publishes an article “Lacrosse culture crisis: Play hard, party hard” in which Duke and other lacrosse players are criticized for alleged partying, misogyny, and violence.

FRIDAY MAY 26: Attorneys for David Evans file a motion seeking details of a second photo lineup presented to Crystal Mangum. Evans' defense team says the state has not yet turned over all the evidence. During one lineup done three weeks after the alleged assault, the dancer identified Evans with 90 percent certainty, saying the picture of the man was her attacker if he had a mustache. However, Evans' attorneys state there was a second photo lineup done just 8 days after the accuser says she was raped. In that lineup, attorneys claim Evans was not chosen at all. The motion also discusses information from the first officer to see Mangum (Sgt. John Shelton). The motion reveals he had to use an ammonia capsule to rouse the unconscious woman. The police report also says the accuser first reported that she was groped but not raped, but later changed her story and was taken to the hospital.

In the national semi-final game, about 10 members of the Duke women’s lacrosse team wear the numbers of Evans (6) , Finnerty (13) and Seligmann (45) on wristbands in a show of support for the indicted players. The Blue Devils lost 11-10 to Northwestern in overtime.

SATURDAY MAY 27: The N&O reports that Brian Taylor, who drove Crystal Mangum to the lacrosse team party, says she did not seem intoxicated when he dropped her off. Taylor, who met Mangum at a Super Bowl party two years before, says he spent an hour and a half with her before driving her to the party. "She had called me a few hours earlier, asking me if she could use my place to get ready," Taylor says in an interview. He claims that when she arrived about 9 p.m., he noticed nothing unusual about her demeanor. Taylor had known Mangum was a dancer because he and a male friend had watched her perform at clubs in Smithfield and Hillsborough. Mangum showered behind a closed door and modeled at least two negligees for him, he says. It was 10:45 p.m., Taylor estimates, when they left for 610 N. Buchanan Blvd. "The deal was for me to take her over there for about a two-hour show," he says. "She was supposed to call me to come pick her up." Taylor did not hear from her again until 7 a.m. the next day. She was at Duke Hospital. "She was distraught," he states. "I could tell that she was crying. She asked me to pick up her kids." He says she didn't mention being attacked in that conversation or in a call more than a week later.

SUNDAY MAY 28:

MONDAY MAY 29:

TUESDAY MAY 30: Second dancer Kim (Roberts) Pittman, 31, attends a probation hearing on a previous embezzlement charge. She was arrested on March 22 -- eight days after the lacrosse party -- on a probation violation from a 2001 conviction for embezzling $25,000 from a Durham photo-finishing company where she was a payroll specialist. Prior to the hearing, Roberts sticks out her tongue and gives the finger to a television camera. It is later learned Nifong agreed to favorable parole terms for Pittman.

Crystal Mangum talks with Inv. Ben Himan on the telephone and informs him she is leaving the group home where she had been staying.

WEDNESDAY MAY 31: Nifong issues two subpoenas. The first asks Duke University for home addresses for 47 lacrosse players and two other students; the second asks for identity card data that could track where the 49 students were in the hours before and after the alleged rape. It is later revealed Nifong had already received some of the information from the Duke Police as early as March 31.

THURSDAY JUNE 1: Duke Deputy Counsel Kate Hendricks sends a letter to attorneys for lacrosse team members, informing them of Nifong’s subpoena of team members’ home addresses and key card data. The letter states that Duke considers this information protected under FERPA, but does not inform the players that key card data had already been improperly given to Nifong by Duke Police back on March 31.

FRIDAY JUNE 2: The head of Duke’s key card department, Matthew Drummond, sends a similar letter to all lacrosse team members, informing them of Nifong’s subpoena for identity card data. He states the information will be turned over on June 12 unless he receives objections from the players. The letter also does not reveal that Nifong already had been given key card data from the Duke Police.

SATURDAY JUNE 3:

SUNDAY JUNE 4:

MONDAY JUNE 5: Duke University announces that the school's men's lacrosse program will resume play in the fall, but under stronger administrative standards. "I am, I know, taking a risk in reinstating men's lacrosse," President Richard Brodhead says in a prepared statement. "The reinstatement is inevitably probationary. ... (If) we did not allow these players the chance to take responsibility for creating a new history for their sport at Duke, we would be denying another very fundamental value: the belief in the possibility of learning from experience, the belief in education itself."

Possible violations include underage drinking, disorderly conduct and harassment. Brodhead says he and the school's athletics administrators would rethink their decision if they see any repeat of "patterns of irresponsible, individual or team behaviors familiar from the past."

President Brodhead sends a letter to the Duke community which reads in part:
“Let me also say a word about the players. These students have lived through an extraordinarily painful situation for the last eight weeks. Whether or not the felony charges are upheld against the three indicted students, the fact is that members of the team engaged in irresponsible and dishonorable behavior on the evening of March 13, and those who were involved bear responsibility for their actions. For all that, few of us have suffered an ordeal like the one that unfolded as intense media interest turned this event into a worldwide news story. Setting aside the legal charges, which must be resolved in court, I am pleased that team members have acknowledged the error of their conduct and have made the commitment to create a new history for themselves and their sport at Duke.”

SOURCES

(The Duke lacrosse case article indices in the Raleigh News & Observer and the Duke Chronicle have been taken down following website revisions. Articles can still be found using the search feature of the new websites.)

EVANS et al v. DURHAM, NORTH CAROLINA, CITY OF et al
http://news.justia.com/cases/featured/north-carolina/ncmdce/1:2007cv00739/46882/

MCFADYEN et al v. DUKE UNIVERSITY et al
http://news.justia.com/cases/featured/north-carolina/ncmdce/1:2007cv00953/47494/

CARRINGTON et al v. DUKE UNIVERSITY et al
http://dockets.justia.com/docket/court-ncmdce/case_no-1:2008cv00119/case_id-47871/


Ben Himan's State Bar Deposition
http://www.wral.com/asset/news/local/2007/06/27/1538997/1182974221_BenjaminHimanDeposition.swf

Mark Gottlieb’s State Bar Deposition
http://liestoppers.blogspot.com/2007/06/deposition-of-mark-d-gottlieb-part-1.html
http://durhamwonderland.blogspot.com/2007/06/gottlieb-deposition.html

Duke University & Brodhead Statements
http://www.dukenews.duke.edu/mmedia/features/lacrosse_incident/announce_archive.html
Duke University Archive of Media Coverage
http://www.dukenews.duke.edu/mmedia/features/lacrosse_incident/media_archive.html

Johnsville Blog Posts
http://johnsville.blogspot.com/2006/06/duke-case-index.html

WRAL Stories
http://www.wral.com/news/local/asset_gallery/2306295/

KC Johnson’s Case Narrative
http://durhamwonderland.blogspot.com/2007/03/overall-case-narrative.html

Chronology by Vance Holmes “Poetic Justice”
http://www.vanceholmes.com/court/trial_duke_timeline.html

CBS News Chronology
http://www.cbsnews.com/elements/2006/04/19/in_depth_us/timeline1515358.shtml

AP Chronology
http://nbcsports.msnbc.com/id/18054818/

Wikipedia Timeline
http://en.wikipedia.org/wiki/2006_Duke_University_lacrosse_case


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sceptical

Here are the links to the two earlier chronologies for March and April, 2006:

Updated Chronology of Duke Lacrosse Case

March, 2006: http://s1.zetaboards.com/Liestoppers_meeting/topic/1827748/1/

April, 2006: http://s1.zetaboards.com/Liestoppers_meeting/topic/1976244/1/
Edited by sceptical, Jan 24 2010, 04:43 PM.
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Quasimodo

Great job! [insert applause smiley]

And thanks to Sceptical for compiling this information NOW, before it disappears off the NET.
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Quasimodo

Quote:
 
WEDNESDAY MAY 24: Clergy, sexual violence counselors, lawyers and community activists gather at a downtown church to discuss the fissures that have divided Durham since the onset of the lacrosse case charges. Leaders of the state chapter of the NAACP organize the forum in order to face up to what they describe as the racism, classism, sexual violence and media sensationalism exposed in the case. Eight speakers touch on the issues including Duke Divinity Professors William Turner and Amy Laura Hall; Cash Michaels, editor of a twice-weekly black-owned newspaper in Raleigh; Al McSurely, a lawyer from Chapel Hill; and William Barber, president of the state NAACP chapter.


Anyone wonder what the tenor of their remarks was like?

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Quasimodo

Quote:
 
WEDNESDAY MAY 31: Nifong issues two subpoenas. The first asks Duke University for home addresses for 47 lacrosse players and two other students; the second asks for identity card data that could track where the 49 students were in the hours before and after the alleged rape. It is later revealed Nifong had already received some of the information from the Duke Police as early as March 31.

THURSDAY JUNE 1: Duke Deputy Counsel Kate Hendricks sends a letter to attorneys for lacrosse team members, informing them of Nifong’s subpoena of team members’ home addresses and key card data. The letter states that Duke considers this information protected under FERPA, but does not inform the players that key card data had already been improperly given to Nifong by Duke Police back on March 31.

FRIDAY JUNE 2: The head of Duke’s key card department, Matthew Drummond, sends a similar letter to all lacrosse team members, informing them of Nifong’s subpoena for identity card data. He states the information will be turned over on June 12 unless he receives objections from the players. The letter also does not reveal that Nifong already had been given key card data from the Duke Police.


All these people are thus indicated in a conspiracy to deceive the court, and to cover up Duke's violations of FERPA.
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Quasimodo

Quote:
 
MONDAY JUNE 5: Duke University announces that the school's men's lacrosse program will resume play in the fall, but under stronger administrative standards. "I am, I know, taking a risk in reinstating men's lacrosse," President Richard Brodhead says in a prepared statement.


(Another zinger from Brodhead--master of the gratuitous insult.)

But, of course, he is not prejudging the innocence or guilt of the accused players, either.
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sceptical

There are a few major themes that stood out as I reviewed the May, 2006 Chronology:

1) The arrogance of Mike Nifong:

Quote:
 
MONDAY MAY 1: Nifong fires back at Osborn in an interview with the Raleigh News & Observer (N&O): “Some people try cases in the media by filing motions that contain outrageous and false statements in the hopes that the media will report on those statements as if they were true," Nifong says. “If I were him, I wouldn't want to be trying the case against me either." Nifong notes he is having trouble absorbing all that was filed: "I just don't have as much time for reading fiction right now."


2) The lies by Mike Nifong:

Quote:
 
THURSDAY MAY 18: Nifong provides the defense with a copy of what he claims to be his entire case file. Nifong says the file includes 1,278 pages of evidence, two VHS tapes and a compact disc containing photos. "The state is not aware of any additional material or information which may be exculpatory in nature with respect to the defendant," Nifong writes in a court filing. The NC State Bar later determines this statement to be a falsehood.


Nifong had met with Brian Meehan on May 12 and knew about the exculpatory DNA evidence, which was not included by mutual agreement in DNASI's "final" report, and which was not turned over to the defense. In addition, subsequent defense motions led to additional information about the line-ups, police investigation, and Crystal's past activities not included in this "data dump" by Nifong.


3) The disdain by President Brodhead and Duke for its students, and the condescending tone of his statements:

Quote:
 
MONDAY JUNE 5: Duke University announces that the school's men's lacrosse program will resume play in the fall, but under stronger administrative standards. "I am, I know, taking a risk in reinstating men's lacrosse," President Richard Brodhead says in a prepared statement. "The reinstatement is inevitably probationary. ... (If) we did not allow these players the chance to take responsibility for creating a new history for their sport at Duke, we would be denying another very fundamental value: the belief in the possibility of learning from experience, the belief in education itself."

Possible violations include underage drinking, disorderly conduct and harassment. Brodhead says he and the school's athletics administrators would rethink their decision if they see any repeat of "patterns of irresponsible, individual or team behaviors familiar from the past."

President Brodhead sends a letter to the Duke community which reads in part:
“Let me also say a word about the players. These students have lived through an extraordinarily painful situation for the last eight weeks. Whether or not the felony charges are upheld against the three indicted students, the fact is that members of the team engaged in irresponsible and dishonorable behavior on the evening of March 13, and those who were involved bear responsibility for their actions. For all that, few of us have suffered an ordeal like the one that unfolded as intense media interest turned this event into a worldwide news story. Setting aside the legal charges, which must be resolved in court, I am pleased that team members have acknowledged the error of their conduct and have made the commitment to create a new history for themselves and their sport at Duke.”


4) The active conspiracy between Duke University and Nifong and the Durham Police in attempting to cover-up the FERPA violations whereby Duke Police improperly turned over FERPA-protected information on its own students in March regarding their personal key card data. Duke cooperated with Nifong's charade at a hearing before Judge Titus, who ruled that the key card data was in fact protected information (no one told the judge Duke had already handed over the data).

Quote:
 
WEDNESDAY MAY 31: Nifong issues two subpoenas. The first asks Duke University for home addresses for 47 lacrosse players and two other students; the second asks for identity card data that could track where the 49 students were in the hours before and after the alleged rape. It is later revealed Nifong had already received some of the information from the Duke Police as early as March 31.

THURSDAY JUNE 1: Duke Deputy Counsel Kate Hendricks sends a letter to attorneys for lacrosse team members, informing them of Nifong’s subpoena of team members’ home addresses and key card data. The letter states that Duke considers this information protected under FERPA, but does not inform the players that key card data had already been improperly given to Nifong by Duke Police back on March 31.

FRIDAY JUNE 2: The head of Duke’s key card department, Matthew Drummond, sends a similar letter to all lacrosse team members, informing them of Nifong’s subpoena for identity card data. He states the information will be turned over on June 12 unless he receives objections from the players. The letter also does not reveal that Nifong already had been given key card data from the Duke Police.





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chatham
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Quasimodo
Jan 24 2010, 10:27 PM
Quote:
 
MONDAY JUNE 5: Duke University announces that the school's men's lacrosse program will resume play in the fall, but under stronger administrative standards. "I am, I know, taking a risk in reinstating men's lacrosse," President Richard Brodhead says in a prepared statement.


(Another zinger from Brodhead--master of the gratuitous insult.)

But, of course, he is not prejudging the innocence or guilt of the accused players, either.
"I am, I know, taking a risk in reinstating men's lacrosse,"

It was brodheads justification for screwing the LAX players up to this time. He was making a case for not losing his job. What risk does one take for reinstating a game?
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Bill Anderson
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All of this is one more reason to stay away from that cesspool known as Durham. Yes, there are good people there, but they are outnumbered by criminals, liars, and politicians who are both criminals and liars.

Don't forget that Eve Carson and Abhijit Mahato were executed -- yes executed (Mahato was killed when a pillow was used to silence a gunshot -- by people that apparently the Durham authorities believed should be on the streets. Don't forget that the people who put them on the streets got their jobs back.

:bill:
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Baldo
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http://liestoppers.blogspot.com/2010/02/updated-chronlogy-of-duke-lacrosse-case.html

I posted this Chronology on the Main Blog

Again thanks to Sceptical for his dedicated research on this. Now the search engines will take this up and it will become search-able by query.
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