Skip to comments.DA: Alleged Duke Rape Took 5-10 Minutes
Posted on 09/22/2006 1:20:40 PM PDT by Howlin
click here to read article
Wow Mangum's medical information must be pretty awful. I am not an attorney, but why else would evidence in a public case be subject to such an order?
Sewage spill got played down, Durham report gave low volume
Michael Biesecker, Staff Writer, N&O Sep 23, 2006 08:00 AM -excerpts-
Earlier this month, state environmental officials fined the city $33,431 after an investigation determined that the 21-inch-diameter sewer line failed because of corrosion that should have been detected during required annual inspections. City records indicate it had not been inspected for nearly two years before the spill.
The ruptured line in a remote area on the city's north side spewed undetected for 17 days -- issuing 8 million gallons of sewage into nearby wetlands, a beaver pond and a small creek leading to the Eno. That amount of sewage would fill about 1,000 of the tractor-trailer tanker trucks commonly used to deliver gasoline to service stations. -jump-
Pullman said the city's reporting about the May spill makes her question the truthfulness of other information provided by the city.*
"It is appalling that number was reported," she said, referring to the 1,000 gallons. "That report was a feel-good document. More PR than anything else."
* Lead contaminated drinking water; burning, smoldering dumps; and now massive sewage spills. Further evidence the Bull City is being transformed into a toxic waste cesspool, worthy of a third-world nation.
By Cindy George, Staff Writer
"Two former Durham police officers charged with assaulting a cook this summer at a North Raleigh sports bar had their court appearances postponed this morning."
(don't know who the judge was;will try to find out)
Kim gets 2 months under house arrest
DURHAM -- Kim Roberts, a dancer who performed at a Duke lacrosse party that ended with rape charges, admitted five probation violations today and will serve up to two months under house arrest.. .
Roberts was convicted in 2001 of embezzling $25,000 from a Durham photo finishing company where she worked in the payroll department. . .
The probation violations that Roberts admitted to in court were:
-- She was behind on restitution payments.
-- She missed two appointments with a probation officer.
-- She left the state without permission.
-- She quit her job without notifying probation officers.
-- She moved without informing probation officers of her new address.
(Sigh) for the umpteenth time, do we have to ask who the judge was in this case?
(Doesn't anyone go to journalism school and learn the basics--like WHO, what, where, and when?)
This is the email I sent to Ben Niolet, Melanie Sill and Joe Neff of the NandO this past saturday.
"Liestoppers Blogspot is reporting this morning (9/23) that at yesterdays hearing, it was revealed that the Durham Police Department destroyed evidence. Tapes of radio transmissions on the night of the alleged crime have been erased, according to Liestopper's reporter who was at the hearing.
What do you all know about this? How could it happen?"
As of noon central time today, Monday, 9/25, I had recieved no response to the inquiry. So I phoned Ben Niolet (his number is at the end of his alleged news stories) and asked about DPD's destruction of evidence (audio tapes of police radio transmissions pertinent to the alleged crime) brought to light in Friday's hearing.
His response was, "I wouldn't phrase it that way." I made sure he understood that there was a motion outstanding to preserve that evidence, and that the DPD erased said tapes and while that motion was still outstanding. Niolet acknowledged he knew those facts.
I told him a lot of people who followed the case closely indeed DID consider it evidence destruction and that Liestoppers had a correspondent at the hearing. To which he opined that hearing are public and anyone can go and that news judgements are always made as to what is newsworthy.
Once again we find that we CANNOT depend upon the DriveBy Media to report what is happening in Durham. We must do it ourselves...
Nifonging the Standards of Justice, Part II
"I made sure he understood that there was a motion outstanding to preserve that evidence, and that the DPD erased said tapes and while that motion was still outstanding."
Which means that Nifong should be held in contempt of court for destroying evidence (at the very, very least).
Kim will also have her probation extended three years. Wonder if a repayment schedule for restitution was agreed upon? Am also curious as to when the probation violations occured.
Oh please. I'm beggin' ya. Let it be so.
From the Chronicle article you referenced earlier upthread:
Other requested materials, including the original 911 tapes from the night of the alleged rape could not be provided, Nifong said. "The representation is that the tapes didn't exist or have been taped over," Nifong said.
Which is it? Did the tapes not exist or were they taped over?
MONDAY, SEPTEMBER 25, 2006
Troops on the Field
We will be patient, yes, but we will NOT give up. We must "work." There is SOMETHING very much in our power to achieve in this case: the defeat of Michael Nifong in the District Attorney's race. I am no political writer, but I will say this over and over till November. THIS is something we can make happen. Beth Brewer of RN-VC has the troops on the field. More voters signed Lewis Cheek's petition than voted for Nifong. This is one evil we can grab by the throat and throw into obscurity. It just takes each of us doing whatever we possibly can. Write, post, rabble-rouse... sign up new voters, drive to the polls. Put up a campaign sign, give what you can, All those of you who care, who are seething with outrage...PLEASE...get involved. Seldom in these frustrations in our lives, does life hand us a road map to satisfaction; to a possible resolution. This is one of those moments. I'm dreaming of a phone call for Nifong this November, the very one he most dreads: "Mike...YOU LOST." Are you dreaming of that too?
Let's make it happen. I can almost hear Nifong's phone ringing now.
According to the latest voter registration figures, Durham County has 27,070 registered Republicans, 24,566 of whom are white. The county has 86,621 registered Democrats, 46,586 of whom are black. So the demographic bloc supportive of Nifong's behavior formed a majority of the Democratic electorate, while those most likely to be alienated by his tactics couldn't vote in the primary. As the director of the Durham County Board of Elections noted the day after the primary, "We had a lot of irate, irate Republicans who couldn't vote for district attorney."
That is what I want to know.
"Other requested materials, including the original 911 tapes from the night of the alleged rape could not be provided, Nifong said. "The representation is that the tapes didn't exist or have been taped over," Nifong said."
Wow! What a guy!
The judge who postponed the trial of the two police officers involvd in the Blinco's incident is Wake District Court Judge James Fullwood.
He is a democrat, up for re-election in 2006.
This is so typical. No one will call Nifong on anything. No judge, no public official, no reporter, no one. Nifong knows this and obviously this is why he feels he can get away with anything he wants.
I keep waiting for one person to call Nifong out but no one ever does. And people wonder why this case is still going on........
If those tapes are taped over, then they no longer exist, do they?
Fired Durham police officer will fight for job
Updated: 9/25/2006 12:46:37 PM
By: Gretchen Bartelt
RALEIGH -- A former Durham police officer will fight to get his job back.
Scott Tanner was fired more than a week ago for allegedly getting into a fight with a cook at a Raleigh sports bar.
Tanner and fellow officer Gary Lee have been charged with assault.
They appeared before a Wake County judge who continued their hearing to October 30. So far neither has entered a plea.
According to police reports, the two off-duty officers were at Blinco's Restaurant and Bar on Glenwood Avenue July 20 for a "going away" party. When they were leaving, they encountered cook, Rene Thomas, who was taking a smoke break.
Thomas says he yelled, "Whoo-hoo!" after a truck carrying some of the officers peeled out of the parking lot.
He says a man in the truck in turn yelled a racial slur and then they fought.
After an internal investigation, Durham's police chief said his department has not been able to determine that any racial slurs were exchanged.
He is, however, satisfied that Lee and Tanner instigated the incident and fired them, saying his department doesn't see a need to wait for a verdict from the legal system.
Tanner's attorney says he will file paperwork with the city and appeal to get his job back in the next few days.
No word yet if Lee will do the same.
Ultimately the decision could fall into the hands of Durham's city manager.
Three other Durham officers have been cleared in the assault case, including investigators working on the Duke lacrosse rape case.
Unfortunately, Nifong would not have been the person who tape over or destroyed the 911 tape. The only way Nifong could be held in comtempt on this one issue probably is if he or his office willfully did notify the agency that had the tape of the order to preserve it.
I have a quick question about the erased/destroyed tapes. It is:
What tapes are we taling about?
At first I thought it was the tapes of the radio chatter among the DPD the early morning of the incident? I think what was destroyed the defense thinks was destroyed was all the chatter by various DPD officers about who Mangum is, that that the police thought her claims bogus etc.
Now I see people saying 911 tapes. Anyone know for sure which it is or if it is both.
We've heard and preserved snippets of both on this site..
That means someone had to make copies so the snippets could be created. I'll bet you a nickel someone (whomever edited copies of the originals for release) still has copies... And I bet they were edited on a computer. Even if they were deleted, there are smart people that can recover them...
Now if they've taken a magnet or hammer to their hard drive or done a super duper DOD scrub they may be gone, but otherwise... somebody's got copies...
Pagine Mssrs. Osborn, Chesire, Smith et.al.....
pagine = paging...
Meanwhile, Tennessee shows N. Carolina the way :
NASHVILLE The state Supreme Court temporarily suspended a district attorney general from practicing law in an order released Monday while an investigation of professional misconduct continues.
William Gibson is the Cookeville-based district attorney general for Clay, Cumberland, DeKalb, Overton, Pickett, Putnam and White counties.
He is under investigation by the Tennessee Bureau of Investigation for allegedly writing letters to an inmate without the knowledge of his attorney and discussing the mans guilty plea.
The court concluded that Gibson "poses a substantial threat of irreparable harm to the public."
I don't think we are talking about 911 tapes. I believe the tapes that were erased are regarding communications between officers themselves, not 911 tapes.
The term of the original probation was to end in December, but will now run through December 2009. Mark Simeon, Roberts' attorney, said his client will begin the house arrest on Oct. 9 and will be allowed to leave her home to work.
Roberts is $1,400 behind in her restitution payments, Eason said. If she catches up, her period of house arrest will be cut to 60 days. She will move to unsupervised probation if she pays the remaining restitution balance in full before December 2009, Simeon said.
Thought I'd pass along some information from a former Deputy AG in NC. The story going around the NC legal community is that Nifong's case is built on air (yeah, yeah, we already knew that). At the beginning of this debacle in March, Nifong was convinced that something violent happened in the house but couldn't prove anything. His tried and true formula was to turn the screws ever tighter to get the players to flip -- it has worked before. The indictments were a last-ditch attempt to get one of hte players to flip. The most telling comment from Nifong was words to the effect that "once indictments come down, criminals start turning on each other." It simply never occurred to Nifong that there was no assault of any nature, let alone a violent gang rape. Nifong believed in his bones that once the indictments came down, at least one of the players would come forward with "the truth," except Nifong never accepted that the truth would be that nothing happened. Now he has no way out unless a court starts excluding evidence or a hury acquits. The NC legal community is embarrassed by this whole affair, making the good state of NC look like a banan republic.
What a dirtball to pursue this strategy.
He's spot on. And you can tell him for me that it's up to him and his collegues in the "legal community" to put the heat on Nifong and make this thing go away. The blog community in general and us here on Free Republic and Talk Left ARE NOT going away. We're in it for the duration...
I find it hard to believe that he thought she was telling the truth past, say, early April. If he did , he's dumber than dumb.
I wish the IRS would look into her and Crystal's employment.
"The NC legal community is embarrassed by this whole affair, making the good state of NC look like a banan republic."
Well, they have the power to do something about it. The AG can intervene. The Governor can intervene. The DA's of the state can issue a statement.
If you're in a letter-writing mood, you might pen a page to
PO Box 1854
Lexington, NC 27293-1854
He's the President of the NC District Attorneys Conference. (sorry, no email)
Do it. One paragraph, one page, five minutes of your time, 39 cents. One hundred letters from all over the country will have impact.
(You may help these guys not have to spend 5 months in trial, or even worse.)
Governor Easley, if you are lurking, we will remember that you appointed Nifong.
Yes. Yes he is.
Still no answer from Melanie last I checked. See post #208 for some other follow up on this.
if these were 3 black BB players, this case would have been thrown out and the DA facing contempt charges .......
such a farce, and the sad thing is, I haven't a clue if FOG and his cohort will ever come to justice for this.....
I think it was Reagan who pardoned Patty Hearst.
people seem to forget that three young men and their families are paying a cruel price for this while the NC legal community and the entire power sturcture I might add, sits and twiddles their thumbs.....
I hope the rest of NC outside of Durham kicks the Demonrat butt but good come election.....
No, I'm positive that Jimmy Carter pardoned Patty Hearst. The date was Feb. 1st 1979. My source is Patty Hearst's book. No one would know better than her.
Attorney F. Lee Bailey defended Patty Hearst. Legal analysts and Hearst herself later said the famed attorney did a poor job defending her. He gave very short and weak closing arguments. Hearst was convicted of bank robbery on March 20, 1976. Her seven-year prison term was eventually commuted by President Jimmy Carter, and Hearst was released from prison on February 1, 1979, having served only twenty-two months. She was granted a full pardon by President Bill Clinton on January 20, 2001, the final day of his presidency.
Key witness in lacrosse case sentenced to up to 120 days house arrest
By John Stevenson, The Herald-Sun
September 25, 2006 10:25 pm
DURHAM -- A key witness in the Duke University lacrosse rape case admitted Monday to committing five probation violations and was sentenced to up to 120 days of electronic house arrest.
In addition, the overall probationary period for Kim Roberts Pittman was extended for three years. It now is scheduled to end on Dec. 10, 2009, instead of this December.
Pittman was performing exotic dances at 610 N. Buchanan Blvd. in mid-march when another dancer allegedly was raped, sodomized and beaten by three Duke lacrosse players. Since then, Pittman has been quoted as saying the other dancer's rape accusation was "a crock."
The suspects in the Duke case are Collin Finnerty, Reade Seligmann and David Evans. Each is free under $100,000 bond as they await a trial that is expected to begin next year.
Pittman is on probation for embezzling just under $25,000 from Qualex, a photo-processing company where she worked in 2000.
During Monday's brief court hearing, she admitted she had violated court orders in five ways: by changing her address without notifying her probation officer; by falling behind in restitution payments; by temporarily leaving the state without permission; by quitting a job and by missing two appointments with her probation officer.
By prearranged agreement with Chief Probation Officer Terrence Eason, Judge Robert Hobgood ordered that Pittman submit to electronic house arrest for at least 60 days and as long as 120 days. The sooner she catches up on $1,400 in financial payment arrearages, the sooner the house arrest will end.
Pittman also may be switched from supervised to unsupervised probation after she pays up, Hobgood ruled.
While under house arrest, Pittman must wear a high-tech ankle bracelet that will allow supervising authorities to track her every move.
A suspended prison sentence of five to six months continues to hang over her head. It could be activated if she violates probation again.
The judge inquired Monday about Pittman's ability to pay the $23,373 she still owes Qualex.
"This is a tremendous amount of restitution," said Hobgood. "What are her employment prospects?"
Defense lawyer Mark Simeon replied that Pittman had completed two years of college and was "looking for better employment. Her prospects have brightened."
He did not elaborate.
Pittman appeared in court wearing a black and white dress and with a polite demeanor, saying little on her own behalf.
When reporters asked how she felt before the court hearing, she said she was nervous. She scuttled down a back stairway to avoid reporters afterward.
In contrast to her conduct Monday, Pittman made an obscene gesture toward two members of a WRAL television crew and stuck out her tongue at them when they attempted to ask her a question in the courthouse four months ago.
URL for this article: http://www.heraldsun.com/durham/4-773023.html
Judge delays hearing for ex-police officers
By Ray Gronberg, The Herald-Sun
September 25, 2006 7:35 pm
DURHAM -- A court hearing for two former Durham Police Department officers accused of assaulting a man outside a Raleigh sports bar this summer has been postponed until Oct. 30.
The postponement occurred Monday and came after Wake County Assistant District Attorney Matt Godwin told a judge he wasn't ready to go ahead with the case against former officers Gary. P. Lee and Scott C. Tanner.
Prosecutors had already said the same thing to lawyers working for Lee and Tanner, so there were no surprises on either side of the case when Wake County District Judge James Fullwood continued it to Oct. 30.
Tanner's lawyer, Duncan McMillan, declined to say whether he expects the case to be settled by a trial or a plea-bargain. "We'll have to wait and see," he said after Monday's brief court proceeding.
Lee and Tanner are accused of assaulting Rene Dennis Thomas, a cook at Blinco's Sports Restaurant and Bar, 6711 Glenwood Ave., Raleigh, the night of July 30. They were there with five other current and former Durham Police Department officers for a colleague's going-away party.
Thomas, who is black, has alleged that a group of men confronted him after he and one of the occupants of a pickup truck that was speeding out of the bar's parking lot traded racial epithets. Raleigh police charged Lee with trying to strike and tackle the cook, and Tanner with kicking him after Thomas fell to the ground.
The misdemeanor case has drawn notoriety both for the allegation that Durham officers were involved in an off-duty incident that had racial overtones, and for the fact that two of the other officers present that night, Sgt. Mark Gottlieb and Officer Richard Clayton, are involved in the investigation of the Duke lacrosse rape case.
Durham Police Chief Steve Chalmers responded to a parallel investigation of the incident by his department's Internal Affairs Unit by firing Lee and Tanner on Sept. 14. He alleged that Tanner was the officer who in Thomas' account initiated the confrontation, and that Lee was the man who came to the aid of the first assailant.
Thomas -- who has essentially stopped granting media interviews -- questioned the Raleigh Police Department's identification of the assailants in a brief conversation with The Herald-Sun shortly after the misdemeanor charges against the two officers were filed. On Monday, McMillan passed up an opportunity to clear up that matter.
Asked whether there was a case of mistaken identity, McMillan said he'd "seen some things in the newspaper to that effect" but hasn't yet had a chance to question Thomas. "It remains to be seen what his testimony will be," McMillan said, maintaining silence about the defense's version of events.
Lee and Tanner were both present in court Monday. They arrived at about 8:55 a.m., shortly before Fullwood opened the day's session, and sat together chatting on a bench toward the back of the room. They later left the courtroom after television crews began shooting video of them.
They returned -- reportedly after going to some lengths to avoid a TV crew that pursued them -- just before McMillan and Godwin asked the judge for the continuance, and left for good as soon as Fullwood granted it. Neither stopped to answer questions from reporters.
Lee was represented Monday by Raleigh lawyer James Crouch, a stand-in, McMillan said, for attorney Thomas Manning, who was tied up handling a federal court hearing.
McMillan said Tanner has filed a grievance appealing his firing by the city. The Raleigh lawyer who's handling the appeal for Tanner, Heydt Philbeck, didn't return a phone call seeking comment.
There was no word Monday, from lawyers or city officials, on whether Lee had also appealed. Deputy City Manager Wanda Page, in charge while City Manager Patrick Baker is on vacation, invoked the state's personnel-privacy laws before declining comment one way or the other.
A city human resources manager, Virginia Jones, said employees who appeal termination or disciplinary actions can have their cases reviewed by a single hearing officer who works for the city, by a hearing panel that includes three city employees or -- with Baker's permission -- by a single hearing officer who works for a city consultant.
Most who go through the grievance process choose the three-member panel, which includes one member approved by the appealing employee, one approved by his or her department, and one approved by the other two panel members, Jones said.
The panel's findings then can be appealed to the city manager's office. In a case involving the police department, which reports directly to Baker, either Page or Deputy City Manager Ted Voorhees would review the appeal finding. Baker in theory could reverse whatever ruling Page or Voorhees make, but so far in his administration hasn't done so, Jones said.
Terminations decisions are rarely overturned. Of the 17 firing cases appealed in fiscal 2005-06, a hearing panel favored overturning only one. The city manager's office didn't go along with that ruling, so all 17 fired employees who went through the grievance process last year wound up leaving the payroll, Jones said.
URL for this article: http://www.heraldsun.com/durham/4-772974.html
Sick of the lacrosse case
Once again I pick up the paper this morning and there is a picture of the three young men accused in the Duke lacrosse rape case. Why? What happens in court could be covered in a short column in the second section of the newspaper.
We had the space shuttle return home yesterday after a flawless mission.
Wouldn't that have been something more appropriate for the front page? Are we going to have this coverage all the way until the end of the trial? We don't even have trial coverage like this when a murder is committed. For crying out loud these are pretrial motions.
Please rethink your coverage. This is not news we need on a daily basis or even weekly.
September 26, 2006
A loss of trust
I have been reading the on-line version of your paper since the Duke scandal broke back in March. I am curious as to where you get the blatant misstatements and outright lies you print? It makes me wonder if the Durham Police Department and District Attorney Michael Nifong's office send you cue cards at the beginning of every week for you to work with.
The editor should be the most shamed. By allowing this to happen, you knowingly deceive the public that puts its trust in you to report fairly and accurately. No wonder your circulation has plummeted. No one trusts you anymore.
September 25, 2006
Ping. Colin's Dad Speaks.
Durham DA's stand draws fire
Lawyers' out-of-court comments are at the center of the storm
Collin Finnerty faces charges.
Joseph Neff, Anne Blythe and Benjamin Niolet, Staff Writers
The father of an indicted Duke lacrosse player said he was outraged when District Attorney Mike Nifong asserted that lawyers should be punished for violating the prohibition on out-of-court comments.
"I was outraged he would say that, given his prior statements," Kevin Finnerty said Monday. "When he first got involved in this case, he inflamed the story locally and nationally with his opinions, before doing the investigation."
Finnerty's son Collin is one of three Duke lacrosse players charged with the gang rape of an escort service dancer at a party in the early morning hours of March 14.
At a court hearing Friday, Superior Court Judge W. Osmond Smith III modified an order that had prevented players and their families from speaking in public.
Smith reminded lawyers that they must abide by North Carolina's Rules of Professional Conduct, which prohibit lawyers from making out-of-court statements that could prejudice the outcome of a case. Prosecutors have added responsibilities: The rules prohibit them from saying things outside court that could heighten public condemnation of the accused.
Nifong responded that revocation of law licenses should be the penalty for violating the rules.
"No attorney should have any objection whatsoever to complying with the bar rules," Nifong said.
Nifong then downplayed the extent of his public comments early in the case. He disagreed with reports that he had given 50 to 70 interviews, saying he had "15 listed on my desk calendar that I actually gave."
In an interview with The News & Observer on March 31, Nifong said he had given "in excess of 50" interviews. In an April 3 statement, Nifong said the interviews took in excess of 40 hours.
Finnerty said he was more concerned about the substance of Nifong's remarks than the frequency.
In March and April, Nifong called the lacrosse players "hooligans" and labeled their behavior "reprehensible." He said DNA tests would exonerate the innocent, yet brought charges when no DNA from any player was found in or on the accuser or on her clothes.
"I'm not going to allow Durham's view in the minds of the world to be a bunch of lacrosse players at Duke raping a black girl from Durham," Nifong said at a televised campaign forum in April.
"Every comment he made was out of line, baseless and inappropriate," Finnerty said. "He certainly seems to be running a campaign for his own personal gain at the expense of everything else."
Nifong did not respond to a request for comment Monday.
Three players have been charged with first-degree rape, sexual offense and kidnapping: Finnerty, 20, of Garden City, N.Y.; Reade Seligmann, 20, of Essex Fells, N.J., and David Evans, 23, of Bethesda, Md.
Staff writer Joseph Neff can be reached at 829-4516 or email@example.com.
Commiserating With Robert Novak, Thanks To The Duke Case
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