Duke Lacrosse Rape Case Documentation

updated: July 14, 2007

note: This page should be re-titled "Non-Rape" case, but to save the link integrity it is left as is.

Documentation:

July 12, 2007

NCBar.com:
Findings of fact, Conclusions of Law and Order of Discipline [.pdf, 24 pages]
News & Observer:
State Bar's findings and order disbarring former District Attorney Mike Nifong. [24 pages, .pdf]
WRAL:
Nifong Disbarment Order (July 12) [24 pages, flash]
LieStoppers blog:
Michael B. Nifong is hereby DISBARRED from the practice of law [html]

June 22, 2007

LieStoppers blog:
State Bar V. Nifong: Findings of Fact and Conclusions of Law --
NCBar.com: Findings of Fact and Conclusions of Law [.pdf, 31 pages]

WRAL: Motion for Sanctions [41 pages]
N&O: Summary of sanctions motion [.pdf, 4 pages]
ABC11-TV/WTVD: Nifong Criminal Motion [.pdf, 3 pages]

June 19, 2007

LieStoppers blog: IN THE MATTER OF MICHAEL B. NIFONG: ORDER
News & Observer: Nifong: Order [.pdf]

June 18, 2007

LieStoppers blog:
Duke Reaches Settlement with Evans, Finnerty, & Seligmann

June 5, 2007

Superior Court Judge W. Osmond Smith III files memorandum indicating he still "retains control over the case and has the power to discipline lawyers [including Mike Nifong] who appeared before him."

LieStoppers blog:
Judge Smith's Memorandum in the Cause

News & Observer:
Memorandum In The Cause, June 5th, 2007, W. Osmond Smith III [10 pages, PDF]

May 11, 2007

Baker/Chalmers Report -- Durham City Manager Patrick W. Baker released his report on the Durham Police Department’s investigation of the Duke Lacrosse rape allegations.

DurhamNC.gov:
Downloadable Report (.pdf)
Downloadable Eyewitness Identification Procedures (.pdf)

News & Observer (copies of report):

• Durham PD's eye-witness identification procedures (.pdf))
• Durham Police report on the Duke lacrosse case (.pdf)

April 11, 2007

North Carolina attorney general, Roy Coopeer calls lacrosse trio "innocent":

"... these three individuals [David Evans, Collin Finnerty and Reade Seligmann,] are innocent of these charges."

The Smoking Gun: Duke Charges Dropped

April 27, 2007

Attorney General's Office Releases Findings in Duke Lacrosse Case --

sources:
The Smoking Gun: Final Duke Rape Report Issues [21 pages]
News & Observer: Report summing up Duke lacrosse investigation by the state Attorney General's office [21 pages, pdf]
WRAL[read the report]: AG Cooper's "Summary of Conclustions" [21 pages, flash]
NC DOJ: Office of AG -- Summary of Conclusions [21 pages, pdf]

March 16, 2007
Brief opposing Mike Nifong's motion to dismiss State Bar complaint (.pdf, 18 pages) [N&O]

March 15, 2007
Brief supporting Mike Nifong's motion to dismiss State Bar complaint (.pdf, 57 pages) [N&O]
Brief in Support of Defendant's Motion to Dismiss (flash, 15 pages) [WRAL]

State Bar's Amended Complaint and Nifong's Answer Merged - Part I — (sections 1 - 181) [LieStoppers]
State Bar's Amended Complaint and Nifong's Answer Merged - Part II — (sections 182 - 287) [LieStoppers]

February 28, 2007
Nifong Response to State Bar Complaint (48 pages, flash format) [WRAL]
Nifong's response to Bar charges - Motion to Dismiss & Answer (49 pages, .pdf) [N&O]

January 24, 2007
NC State Bar v. Michael B. Nifong, Amended Complaint (33 pages, flash format) [WRAL]
Amended complaint against Nifong (.pdf) [N&O]

December 29, 2006
Notice of Intent To Present Expert Testimony (5 page brief of 93-page defense motion) [WRAL] -- Attorneys for defendants filed notice today of their intent to use Brian Meehan, head of DNA Security in Burlington, as their own expert.

December 28, 2006
Letter from Mike Nifong to NC State Bar (7 pages, .pdf) [N&O]

December 28, 2006
The North Carolina State Bar v. Michael B. Nifong (17 pages) [TheSmokingGun.com]
The North Carolina State Bar v. Michael B. Nifong - Complaint ( .pdf format, 17 pages) [News & Observer] -- "Nifong engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation..."

December 22, 2006, filed 11:37 am
Dismissal Notice of Reinstatement (2 pages) [The Smoking Gun] - rape charges are dropped, "she can not at this time testify with certainly that a penis was the body part that penetrated her vagina."
Dismissal Notice of Reinstatement - (.pdf 2 pages) [News & Observer]

December 15, 2006
Pre-trial Hearing (transcript) before W. Osmond Smith III -- [KC Johnson] "A long read but quite interesting. Contains Meehan's testimony, motion for paternity testing, discovery issues, pretrial motions, court calendar, etc."

December 15, 2006
Motion to Change Venue, (.pdf, 31 pages) [News & Observer] -- details the poisoning of the jury pool in Durham, "There exists," the motion states, "within this County among a significant percentage of residents so great a prejudice against the Defendants that they cannot obtain a fair and impartial trial and that a Jury selected from this County will be unable to deliberate on the evidence presented in the courtroom, free from outside influence."

December 14, 2006
Motion to Suppress the Alleged "Identification" of the Defendants by the Accuser (.pdf, 46 pages) [News & Observer] -- "The 43-page motion methodically recounts the day-by-day progress of the investigation and the efforts of police to get a reliable identification from the accuser, an escort service worker who said she was raped by three men at a March lacrosse team party."

News & Observer: Video: Accuser IDs suspects in photo line-up

December 13, 2006
Motion To Compel Discovery: Expert D.N.A. Analysis (.pdf, 17 pages) [News & Observer] -- DNA Security identified DNA from multiple males in the accuser's anus, in her pubic region, and on her panties. Enough of that DNA existed for DNA Security to conclude that none of it matched the Defendants, their teammates on the 2006 Duke University Men's Lacrosse team, or anyone else who submitted a DNA sample in the investigation.

April 6, 2006
The 'listening statement' (scroll down) [The Johnsville News] -- one page advertisement run in the Duke Chronicle on April 6, 2006 by Duke Group of 88. Removed from the Duke African & African American Studies Department website on November 10, 2006.

List of primary documents & evidence related to the Duke lacrosse scandal:

• Prior Rape Claim by Crystal Gail Mangum, filed August 18, 1996, in Creedmoor, NC, 2 pages. [TheSmokingGun.com]
  


• 911 calls on March 14, 2006 -
  
  Kim Roberts 911 call, mp3, 12:53 a.m., March 14, 2006 [newsobserver.com]
  
  Kroger supermarket guard 911 call, mp3, 1:20 a.m., March 14, 2006 [newsobserver.com]
  
  Audio: Durham Police Radio Transmissions On Night Of Alleged Rape [nbc17.com]
  


• Duke Lacrosse Search Warrant and Inventory of Seized Property, 610 N. Buchanan Blvd, Durham, March 16, 2006, 8 pages [TheSmokingGun.com]
  -details Ms. Mangum's assault claim, items seized
  


• The March 23rd affidavit filed to support the order for the players to submit to photographs and DNA testing. Part of Motion to Suppress Photos (pdf) [kirkosborn.com]
  


• Duke Lacrosse Search Warrant and Inventory of Seized Property, for Ryan McFadyen's dorm room #204, 2C Edens Dormitory, Duke Univ., March 27, 2006, 9 pages [TheSmokingGun.com]
  


• Police Lineup Transcript, March 31, 2006 - April 4, 2006, 15 pages [wral.com]
  -details Ms. Mangum's identification of her attackers
  


• Duke Rape Indictment, April 17, 2006, 8 pages [TheSmokingGun.com]
  - Indictment of Reade Seligmann and Collin Finnerty


• Search Warrant for Reade Seligmann's dorm room, April 18, 2006, 10 pages [wral.com]
  - updated probable cause affidavit
  - list of confiscated items
  


• REQUEST FOR, OR ALTERNATIVE MOTION FOR, DISCOVERY – April 21, 2006 (.pdf)[kirkosborn.com]


• Defense Motion Seeking Ms. Mangum's Mental, Drug Records, filed April 24, 2006, 3 pages [TheSmokingGun.com]


• RITCHIE MOTION FOR PRODUCTION AND INSPECTION OF RECORDS OF MENTAL DIABILITY, HOSPITAL COMMITMENT, DRUG ABUSE HISTORY EDUCATIONAL HISTORY, DEPARTMENT OF SOCIAL SERVICE RECORDS, JUVENILE RECORDS, PROBATION AND PAROLE RECORDS, CHILD PROTECTIVE SERVICES RECORDS, AND VICTIM’S ADVOCACY RECORDS – April 24, 2006 (.pdf) [kirkosborn.com]


• MOTION FOR DISCLOSURE OF IMPEACHING INFORMATION AND MEMORANDUM OF LAW – April 24, 2006 (.pdf) [kirkosborn.com]


• NOTICE OF ALIBI DEFENSE – April 24, 2006 (.pdf) [kirkosborn.com]


• MOTION FOR PRESERVATION OF NOTES AND TAPES AND INCORPORATED MEMORANDUM OF LAW – April 28, 2006 (.pdf) [kirkosborn.com]


• MOTION TO COMPEL INVESTIGATING OFFICERS TO TURN OVER ALL INFORMATION RELATED TO THE INVESTIGATION OF THIS CASE TO THE PROSECUTORS – April 28, 2006 (.pdf) [kirkosborn.com]


• MOTION TO SUPPRESS NON-TESTIMONIAL PHOTOGRAPHS – May 1, 2006 (.pdf)[kirkosborn.com]
  - procedural errors in police lineup
  - serious credibility problems with accuser, two prior unproven allegations


• MOTION TO OBTAIN ACCESS TO COMPLAINANT’S CELLULAR TELEPHONE – May 1, 2006 (.pdf) [kirkosborn.com]


• MOTION TO PRESERVE AND DELIVER SAMPLES TO DEFENSE – May 1, 2006 (.pdf) [kirkosborn.com]


• MOTION FOR REDUCTION OF BOND – May 1, 2006 (.pdf)[kirkosborn.com]


• MOTION TO SUPPRESS IDENTIFICATION TESTIMONY – May 1, 2006 (.pdf) [kirkosborn.com]


• MOTION FOR RECUSAL OF DISTRICT ATTORNEY – May 1, 2006 (.pdf)[kirkosborn.com] or 7 page (pdf) [ABC News]
  - defense timeline
  - list of DA Nifong's prejudicial statements
  - prejudicial police lineup
  


• Indictment of David F. Evans, May 15, 2006, (pdf) 3 pages [newsobserver.com]
  


• MOTION FOR COMPLETE RECORDATION OF ALL PROCEEDINGS - May 17, 2006 (.pdf) [kirkosborn.com]


• ADDITIONAL MOTION FOR VOLUNTARY DISCOVERY – May 17, 2006 (.pdf) [kirkosborn.com]


• Polygraph Examination Results for David F. Evans, released May 17, 2006, 3 pages [wral.com or pdf at nbc17.com]
  - performed by Robert J. Drdak, a former special agent with the FBI with 28 years of experience
  


• MOTION FOR PRODUCTION OF TOXICOLOGY REPORTS – May 22, 2006 (.pdf) [kirkosborn.com] 3 page - slideshow [wral.com]
  


• MOTION TO DEFER TIME DEADLINE PRUSUANT TO G.S. § 15A-976 AND MOTION FOR MORE DEFINITE STATEMENT – May 22, 2006 (.pdf) [kirkosborn.com]
  or 3 page-slideshow [wral.com]
  - missing sexual assualt exam report
  - missing witness statements
  - no access to cell phone records


• AMENDMENT TO MOTION TO SUPPRESS NON-TESTIMONIAL PHOTOGRAPHS - Jun 8, 2006 (.pdf) [kirkosborn.com]

related:
The Duke Administration's Response to Lacrosse Allegations (pdf) [duke.edu, May 4, 2006]

source:
Mr. Kirk J. Osborn court filings for Reade Seligmann [kirkosborn.com]