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Saturday, July 7, 2007

Nifong/Mangum Hoax — July 7, 2007

Updated — today's items:

Charles Falk letter, Wall Street Journal online (preview, sub. required):
What'll Be Done About Duke's 'Group of 88'? -- In Dorothy Rabinowitz's otherwise excellent essay "A Tale of Two Prosecutors" (editorial page, June 22), she asserts that "This week the Duke-Nifong drama oozed to its finale ... " I disagree, because the case against the Duke lacrosse team players case won't come to a finale unless and until Duke deals with the so-called "Group of 88." Yes, the three lacrosse team players have been pronounced innocent (note: innocent, not just not guilty) by prosecutors working for the state of North Carolina; and Durham County D.A., Mike Nifong, has been convicted of prosecutorial misconduct and disbarred. Also, the accused Duke ...

The presence or absence of character at Duke University will be determined by how the despicable actions of Group of 88 are addressed by the Duke community.

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Alan Hirsh (left), Paul A. Logli (right)LieStoppers:
Hirsch v. Logli Revisited -- In June of 2006, Alan Hirsch and Paul Logli exchanged biting letters to the Los Angeles Times debating the actions of Mike Nifong and the prevalence of prosecutorial misconduct. At issue was whether Durham County's rogue prosecutor Mike Nifong deserved criticism and whether prosecutorial misconduct was episodic or epidemic. Williams College visiting Professor of Law Hirsch, who operates the Truth About False Confessions website, condemned the actions of disgraced DA Nifong while arguing that the misconduct which defined the Nifong/Mangum Hoax exemplified the tactics and conduct of many prosecutors. In response, Logli, who at the time was president of the National District Attorneys Association, criticized Hirsch's efforts to "denigrate the prosecutor in the Durham, NC alleged rape case" and took aim at the attack on the nation's prosecutors while getting in a few pokes at the Innocence Project, DNA exonerations, and Hirsch personally...
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Benjamin W. Himan - Durham PD InvestigatorLieStoppers:
Inv. Ben Himan’s Typed Notes, Part 1 (March 16 - April 17, 2006) -- She met up with Nicky and they went into the bathroom to change and plan a routine. She stated she had one drink but only a little of it. She thought it was a rum and coke. They came out and started to dance and the guys started to get excited and aggressive. She stated that someone talked about shoving broomsticks up them and they went to leave, they went to the bathroom and went outside to leave. She stated Adam talked to them and talked them into coming back into dance. They went back inside the house and she got separated from Nicki that's when Adam stated, "Sweetheart, you cant leave." They went into the bathroom she stated it looked like a blue bathroom, blue rug, blue shower curtain and a long mirror that went to the ceiling. She stated she was grabbed by her legs and arms by three males named Adam, Brett and Matt. She stated that Matt had her legs and Brett was behind her and put his private part in her anus and in her vagina, She stated that he ejaculated and then stated, "I'm done. Its your turn." While doing this they all were chanting or repeatedly saying, "fuck this nigger bitch." She stated that Matt then came from the front and he tried to put it in my ass, but it was sore. She then stated Matt started to choke her and he penetrated my anus and vagina. She stated that when Matt put it in her anus Adam became excited. He then started to ejaculate and the put it in her mouth. She stated that she stated she spit it out near the toilet in the bathroom, she then stated that Adam dragged her to the car and wiped her off with Nicki and then they left and she then was driven to Kroger on Hillsborough Rd.

3/16/06 1856hrs- With the information received from the victim, I had a search warrant issued on 610 North Buchanan Blvd... Mr. Flannery stated that it was “bullshit” and that is not what happened at all.

3/16/06 2245hrs - They both signed forms Understanding that they were not under arrest and that they were free to leave at any time...

3/20/06 0856hrs
- Contacted Angels Escort Service...

3/20/06 1010hrs - Contacted Kim Pitman reference this case. She stated that she did dance at 610 North Buchanan, I asked her if she knew anything about why I was calling. She stated that she was told that she would be getting a call from the police about an incident that took place. She stated that she heard that Ms. Mangum was sexually assaulted, which she stated is a “crock” and she stated that she was with her the whole time until she left. And the only time she was alone was when she would not leave and that time period was less than five minutes. We made an appointment for her to meet me at station 2 and have her give me a statement regarding the incident...
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Forum topic of note:
Dan FlanneryLS forum: Why Wasn't Dan Flannery Arrested?, Mangum Named Him on March 14th --

13. The accuser told the physcians at the Emergency Room that she had been raped by the "bachelor" and "other guys" and that they placed their fingers and penises in her against her will. Discovery at 523. She related to the forensic nurse that she was performing at a bachelor party where "Matt was getting married." She said that "Brett asked Nikki for a threesome" but that she said that she wanted "to go home and see my kids." The accuser said that she then "stormed out of the house" and got into a fight with Nikki in the car. Brett and Nikki then carried her back into the house while she "kept telling them No." Discovery at 537-39. Once in the house, "Adam" closed the door to the bathroom and told her that she could not leave. She further stated that "Dan Flanigan" was the person who arranged everything, but that was a "fake name" and that his real name was "Matt." The accuser said that "Matt said I'm getting married tomorrow, I can't do this" but that "Adam" told him "yes you can." At that point, Matt put his pennis in her vagina "and did not use a condom." Adam then put his penis in her anus. Discover at 538-30. When asked directly whether she had been hit by the men, the accuser said "they kept grabbing me and threatened to kill" her. The accuser claimed that her attackers also used racial slurs during the attack. At the end of her statement, and in response to a specific question of whether she had been orally assaulted, the accuser claimed that Matt put his penis in her mouth, "that's why my breath smells so bad." According to the accuser in this statement, "Bret" did not engage in any sexual assault. She then said that after the rape, the men put her clothes on and took her to the car; once there, Nikki drove her to the Kroger, pushed her out of the car and took her money and her belongings. Discovery at 540. She gave no description of her attackers.

(un)related:
TJN: Crystal Gail Mangum — Handwritten Statement — April 6, 2006
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Earl Washington, Jr.ANOTHER INJUSTICE
Maria Glod, Washington Post:
Former Death-Row Inmate Officially Declared Innocent -- Earl Washington Jr., a mildly mentally retarded man who was nearly executed in Virginia for a rape and murder he did not commit, walked out of prison six years ago after he was exonerated by DNA evidence. This week, Virginia officially declared him innocent.

Gov. Timothy M. Kaine (D) issued an absolute pardon, which acknowledges that Washington was wrongly convicted of capital murder and rape. In the three-page pardon, Kaine said DNA evidence and the recent conviction of another man in the 1982 slaying provide conclusive proof that Washington had no connection to the crime.

"It is now evident that Mr. Washington was and is innocent," Kaine wrote.

For several years after the DNA cleared him and pointed to the other man, the special prosecutor in the case still insisted that Washington was a suspect.

Washington's story, which helped spark changes in Virginia's criminal justice system, has long been considered one of the nation's most troubling instances of a wrongful conviction. He came within days of execution.

His legal team yesterday hailed the pardon as a final step in a two-decade battle to clear Washington's name and erase any lingering doubts.

"Anybody who continues to think Earl was possibly involved in this thing, this pardon says get over it," said Robert T. Hall, one of Washington's attorneys. "It's now recognized . . . that Earl Washington Jr. was actually innocent of that crime. Symbolically, it's a great day for Earl." ...
related:
Jerry Markon, Washington Post (May 6, 2006):
Wrongfully Jailed Man Wins Suit -- Va. Officer Falsified Confession, Jury Rules
----------
Adam LiptakKC Johnson:
The Phantom Menace -- Having seen events undo Duff Wilson’s transparently pro-Nifong slant on the case, the New York Times still has missed the crux of the story. The editorial page remains silent on the highest-profile case of prosecutorial misconduct in modern American history. Meanwhile, a column by the normally first-rate Adam Liptak left the impression that the three accused players might still be getting special treatment—not because they might be guilty, but because Mike Nifong was punished for offenses that normally don’t result in disbarment...

[John] Heath [in the Washington Post], et al., engage in the same flawed comparison as the Liptak piece in the Times. Prosecutors, they claim, routinely have engaged in behavior similar to—or even worse—than Nifong, and have escaped any punishment. Who are these flagrantly unethical prosecutors? Like Liptak, Heath, et al., don’t say.

Perhaps ferreting out these unrevealed individuals can be a new crusade for the Group of 88.
----------
News & Observer:
Review of lacrosse case to hear lawyers
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John in Carolina:
  • INNOCENT: Professor Haagen Responded -- Can you name another university in America where in the last 40 years a student was threatened by a mob of racists as Seligmann was not a mile from the campus and the university said nothing?

    To date I and others had no success in getting Duke to right its wrong...
    John in Carolina -

    I understood that the forwarding of the message to me was for my information and expected to hear something further if you intended to follow up with me. During the four years that I have been on the Executive Committee of the Council, it has not been my practice to participate in official or institutional condemnations. I recognize that you found such an instance from a time when I was not on the Council. The person who you want to contact is Paula McClain. My last day in office is Saturday and I am in Germany teaching at the moment. Professor McClain is my successor. Her term begins on Monday.

    Paul H. Haagen
    Professor of Law
  • INNOCENT: Prof. Haagen & Seligmann comments

  • INNOCENT: Mystery Writer on “Nifong’s Follies” -- Many of you know Roger L. Simon through his wonderful PI Moses Wine mystery books. Others may recognize him as the screen writer for such films as Lies and Whispers and Scenes From a Mall, which starred Woody Alan.

    Simon also blogs and on January 12, 2007, right after then DA Mike Nifong recused himself from the case, Simon posted “Nifong’s Follies.”
---------
Mark GottliebHOAX SCRIPTWRITER
LieStoppers:
Gottlieb's Homegrown 33 Pages of Notes --

3/15/2006 1640
I was working off duty at Durham City Hall when I received a call from Inv. B. Jones in reference to a case she was handling. She stated there was a rape reported at 610 N. Buchanan which is in District 2. She received the case on the morning of 3/14/06 while on call. She stated she had very little information on the case due to the victim's condition while she was at Duke ER. She stated the victim did have a rape kit done while she was at the hospital. She stated the victim had left her a message that she received when she woke up on the afternoon of 3/14/06 around 1400 hours, and was suppose to meet with the victim later that night at 1900, however, the victim had gone back to be seen by a doctor again due to medical problems. She stated the victim's boyfriend had contacted her on the evening and let her know the victim was being seen. and that is why she missed her 1900 hour appointment. She stated she had set up a new appointment for 1900 hours today (3/15/06) and wanted to know if the District 2 Investigations wanted to adopt this case since she had not had a true interview with the victim to this point...

7/19/06 1122

I received a call from Mr. Cheshire Cole's Office asking about my hand written notes. I notified him 1 kept up with notes by computer, referring back to notes from other Inv.'s when 1 was there in a supporting manner, and kept track of times by CAD on K&T's etc... I explained to him I had turned over several pages of hand written notes to Inv. Himan from when I listened to the video where the victim looked at photographs to see if she recalled seeing anyone at the party. Those were the notes from the typed version he had already received. Finally, I told him I turned over my Emails over to Major Lee Russ for a discovery court order that requested information on emails from all the officers on the department.

[...]
related:
TJN: Duke Case: The Gottlieb Script Finally Arrives (Aug. 25, 2006)
TJN: Duke Case: The Horsemen of the Hoax (Aug. 30, 2006) -- When Durham Police Sgt. Mark Gottlieb turned in his 33 pages of typed notes and 3 pages of handwritten notes regarding the Duke lacrosse rape investigation he crossed a line. He apparently began a cover-up that will end badly for himself and everyone else who is involved in perpetuating the fraudulent rape prosecution of three Duke lacrosse players...

Gottlieb depostion about grand jury testimonyLS blog: Gottlieb Confesses (June 25, 2007) -- The deposition of Durham Police Department Sergeant Mark Gottlieb, the supervisor of the Nifong/Mangum Hoax “investigation,” offers the clearest indication to date that the Grand Jury was intentionally manipulated and deceived into bringing indictments against three innocent men for invented crimes. Gottlieb’s sworn statement is tantamount to a confession to obstruction of justice and perjury. In describing his testimony to the Grand Jury, Sgt. Gottlieb admits that he stated, falsely, that Crystal Mangum offered a consistent story from her March 14 SANE examination onward...

LS forum: Got-lies on Grand Jury testimony...
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Michael Gaynor, RenewAmerica.us:
The Duke case / Hurricane Katrina lessons -- Hurricane Katrina was a natural disaster, while the Duke case was a manmade one. But there are important, albeit ugly, common lessons to be learned from them by those not too blinded by color to see the truth: (1) the so-called mainstream media quickly put out and promoted the politically correct story that bad white men were at fault and poor blacks were innocent victims in a racist/sexist society and (2) racial politics protects blacks really responsible (Mayor Ray Nagin, re-elected by the same voters who re-elected Congressman William "Cash in the freezer" Jefferson, and false accuser Crystal Gail Mangum, not put to the embarrassment of pleading lack of mental competency in a false rape report prosecution)...

Sure. Treat Ms. Mangum as victim and exotic dancer instead of accuser and stripper and treat the district attorney as a hero for pursuing the case, even though he made outrageous public statements in order to manipulate enough gullible black Durham County voters to keep his job and what he did in the prosecution that became a persecution was unfair to a woman (Freda Black, from whom he stole the election) and a black man (Moez Elmostafa, the cab driver who dared to confirm Reade Seligmann's alibi, and got himself prosecuted, unsuccessfully but expensively, on a bogus misdemeanor charge for his honesty), as well as all those" white guys" who really didn't either "do it" or cover up for those who "did it" (and their black teammate deserves all the grief and threats he got, for not helping the prosecution in the circumstances, because he must be a "Clarence Thomas" type who thinks for himself and stands for the truth instead of the agenda so thoughtfully prescribed for him).

North Carolina journalist and television commentator Cash Michaels, who covered the Duke case for America's black press, wrote privately long before Election Day 2006...

Justice demands that rapists be prosecuted and false accusers be prosecuted too. In the Duke case, three innocent young men were prosecuted and their false accuser is getting away without being prosecuted. (In Ms. Mangum's case, calling for her prosecution was not something a Democrat Attorney General dependent upon a black bloc vote was going to do.)
----------
Mike Stark, CounterPunch.org:
Mike Nifong and the North Carolina 5 -- Double Standards of North Carolina "Justice" -- Apparently, there's a line in North Carolina that even prosecutors are forbidden to cross--and Mike Nifong found it...

Nifong crossed the line when he used prosecutorial practices routinely used against ordinary working people to target the powerful and privileged. More damning still, Nifong's efforts (whatever his intentions) exposed the rot at the heart of the elite (and ostensibly liberal) Duke University...

the state bar association's decision to strip Nifong of his ability to practice law reeks of hypocrisy.

There are five obvious reasons why the North Carolina Bar Association's decision to disbar Nifong stinks. They are Samuel Poole, Christopher Spicer, Timothy Hennis, Alfred Rivera and Alan Gell.

All five men were sentenced to die in North Carolina's execution chamber. All five had their convictions overturned because of flimsy evidence, unreliable witnesses and the outright illegal actions of prosecutors. All five were released"but only after living through a combined 14 years of hell as they waited to die.

But to my knowledge, no prosecutor ever faced reprimand, disbarment, private or public censure, or criminal charges as a result of their involvement in these cases.

During Poole's death penalty trial, prosecutors failed to provide any substantial evidence of his involvement in the crime. Spicer's case was based on snitch testimony that involved a secret deal prosecutors never disclosed to the defense (when he was finally retried, the jury took 15 minutes to acquit him)...

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