KC Johnson said…

A correction, hat tip to R.T.:

Jones was a Durham, not Duke, officer. I erroneously transposed an item from the Ekstrand brief.

6/1/09 7:16 PM

I guess KC missed IMHO’s comment on 5/22/09 at 2:15 PM in which she points out that Inv. Jones works for the Durham PD. Her source – KC’s own book. IMHO’s comment is in the same comment thread as KC’s correction.

I wonder which item KC “transposed”? It seems as though Ekstrand’s suit is trying to portray Inv. B.S. Jones as a Duke police officer, too.

Part F: “Duke Police Take Control of the Investigation”

Section 2: “Inv. B. Jones Interviews Mangum”

Paragraph 288: “Pursuant to Duke Police Department protocol, at approximately 3:50 a.m., the ‘on-call’ investigator, Inv. B. Jones, was dispatched to DUMC’s E.D. to interview Mangum.”

Page 99 of Ekstrand’s suit.

I’m not sure where Ekstrand’s going with his jurisdiction argument, but it’s not looking good for him or his clients, IMO.

On 5/21/09 at 10:00 PM, KC said…

Actually, we have no real idea how the arrangement works. What we do know, in this particular case, is that a Duke Police officer (B.S. Jones) investigated Mangum’s allegations, found them not credible, and essentially closed the case. The Durham PD then—for reasons never really explained—elected to pursue the investigation despite Duke PD’s initial decision.

So, would this comment be considered “not true”, or “incorrect”, KC?

I love that. Johnson “erroneously transposes” this little detail, even though it conflicts with his book, and then, I suppose, erroneously concocts a new theory about misconduct by the DPD and DUPD based on that detail.

[blockquote]Can anyone explain how one DPD Sgt. can “seize control” of an investigation from another DPD Sgt? How did Gottlieb manage this?

Does this happen often? (Hey You..I’m seizing your case.”)[/blockquote]

MARK D. GOTTLIEB NC DISCIPLINARY HEARING COMMISSION DEPOSITION

[url]http://hackedbannedandlockeddown.yuku.com/topic/2448[/url]

4 Q. All right. Let’s talk a little bit
5 about the investigation itself. When was your initial
6 contact about this case, about the investigation?
7 A. I was called on Wednesday. I don’t know
8 the.
9 Q. You are welcome to look at the
10 investigative notes.
11 A. 3/15/06, I was a called by Investigator
12 Jones, and I was working off-duty at City Hall.
13 Q. All right. What division is
14 Investigator Jones in?
15 A. She works at District 5, Investigations.
16 And I believe — I don’t know if she still works there
17 now or not. I think she may have been transferred to
18 District 4, but I’m not sure.
19 Q. And later that day you agreed to adopt
20 — she asked you — from your notes, it appears that
21 she asked you if District 2 would take over the
22 investigation?
23 A. Uh-huh (yes).
24 Q. And you agreed to do that later in the
25 day?
Margaret M. Powell, CVR - (919) 779-0322

PAGE 43
Sgt. M.D. Gottlieb - 4/19/07
1 A. Yes.
2 Q. And you did agree, you agreed to take it
3 over later that day?
4 A. Yes.
5 Q. All right. You said that you assigned
6 Investigator Himan as the primary investigator on what
7 became the Duke lacrosse cases?
8 A. Yes.

GOTTLIEB’S CASE NOTES

[url] http://hackedbannedandlockeddown.yuku.com/topic/708 [/url]

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. I asked if any canvass had been conducted, a search warrant done on the crime scene, or identification of any potential suspects had been done up to this point. I explained to Inv. Jones that District 2 Investigations could take over the case if she needed our assistance, however, I explained to her it would be in the best interest of the victim to limit the number of interviews of the traumatic event. I advised her we should first consult with Sgt. Fransler and see if she agreed on this decision to transfer this case to District 2 from the On-Call Team. If in fact District 2 adopted this case, the interview for this evening would need to be canceled and the District 2 Investigator who would be assigned in the morning would interview the victim then. Inv. Jones stated she would discuss this with her Sergeant and get back to me. I told her to give the victim my pager and office number and have her call me at 8:30am on 3/16/06 so we could set up the interview. She agreed.

INCIDENT #06-8310 TIMELINE OF EVENTS FOR COUNCIL (prepared by Gottlieb)

[url] http://hackedbannedandlockeddown.yuku.com/topic/3302 [/url]

3/14/2006 0231HRS:
VICTIM WAS TRANSPORTED FROM DURHAM ACCESS TO DUKE ER BY UNIFORM PATROL.
3/14/2006 0240HRS:
VICTIM ARRIVED AT DUKE ER AND HAD RAPE EXAMINATION AND KIT
DONE.
3/14/2006 0250HRS:
NATURE OF CALL CHANGED TO RAPE.
3/14/2006 0340HRS:
SGT. FANSLER WAS PAGED BY THE WATCH COMMANDER REFERENCE A RAPE VICTIM AT DUKE ER.
3/14/2006 0343HRS:
SGT. FANSLER PAGED INV. A. TAYLOR AND PLACED HER ON STANDBY IN
CASE SHE WOULD BE NEEDED.
3/14/2006 0347HRS’: 1
SGT. FANSLER PAGED OUT INV. B.S. JONES TO RESPOND TO DÜKE ER.
3/14/2006 0405HRS:
INV. B.S. JONES ARRIVED AT DUKE ER.
3/14/2006 0444HRS:
INV. B.S. JONES SPOKE WITH SGT. FANSLER CONCERNING THE INCIDENT AND VICTIM’S CONDITION.
3/14/2006 1400HRS
INV. JONES RECEIVED A TELEPHONE MESSAGE FROM THE VICTIM.
NOTIFIED SGT FANSLER.
3/14/2006 1405HRS
INV. JONES LEFT A MESSAGE TO MEET VICTIM AT HQ THAT EVENING.
3/14/2006 2230HRS
INV. JONES RECEIVED A CALL FROM VICTIM’S FRIEND STATING SHE WAS.UNABLE TO KEEP THE APPOINTMENT.
Page 3
3/15/2006 1640HRS
SGT. GOTTLIEB HAD TELEPHONE CONTACT WITH INV. B.S. JONES
REFERENCE THE CASE ASSIGNMENT. INV. JONES ADVISED THAT SHE HAD AN APPOINTMNET 3/14/2006 WHICH THE VICTIM HAD TO RESCHEDULE:
INV. JONES NOW ADVISED SHE SET UP A NEW APPOINTMENT WITH THE
VICTIM FOR 7PM THIS EVENING. SHE ADVISED SGT. GOTTLIEB SHE
ADVISED SGT GOTTLIEB SHE WOULD CHECK WITH SGT. FANSLER
CONCERNING THE ASSIGNMENT.
3/15/2006 1649HRS.
SGT. GOTTLIEB SENT OUT AN EMAIL REQUESTING THE COMMUNITIES HELP.
3/15/2006 1720HRS:
SGT. GOTTLIEB HAD TELEPHONE CONTACT WITH SGT. FANSLER AND
NOTIFIED HER IF DISTRICT 2 INVESTIGATIONS TOOK THE CASE AS
REQUESTED, THEN INV. JONES SHOULD CANCEL HER APPOINTMENT WITH THE VICTIM SO SHE WOULD ONLY HAVE TO GO INTO THE DETAILS ONE TIME. SGT. GOTTLIEB WOULD HAVE AN INVESTIGATOR REASSIGNED TO THE CASE SET UP A NEW APPOINTMENT
3/16/2006. INV. JONES IMMEDIATELY
CALL THE VICTIM BACK.
3/15/2006 1725HRS:
SGT. GOTTLIEB HAD TELEPHONE CONTACT WITH INV. B.S. JONES AND :
NOTIFIED HER THAT DISTRICT 2 INVESTIGATIONS WOULD HANDLE THE
CASE AND TO HAVE THE VICTIM CALL SGT. GOTTLIEB IN THE MORNING.

610 N. Buchanan is in District 2. The case was transferred from the On Call Team to The Durham Police District 2 Criminal Investigations Violent Crimes Unit. According to Gottlieb this was done at the request of the On Call officer. What’s the big mystery?

Thanks for compiling all that, and I’m sorry it took so long to clear — it was mistakenly marked as spam. I redated it a little later to so it would come up after the comment of Joan’s that I already cleared.

With our host’s permission…here is how I see this now.

To me…the Duke Lacrosse Case is a story of Rookies, Hand-wringers, and Hustlers.

A rookie nurse, a rookie politican, and a fiasco that needed a Fix… are a simpler explanation than evil villians devising a Frame.

There was villiany, but of the venal sort…where the villians may delude themselves that they are actually doing GOOD. All it requires is that they subtract out THEIR victims, the real victims, Collin, Reade, and Dave..from the equation.

I believe that happened here.

Mangum presented at DUMC… where their literature tells us they have 14 SANE nurses…always at the ready. But, despite claims of a vicious beating and gang-rape AND… her interactions that night with numerous other DUMC personnel…she was left “to sleep” … until a rookie SANE came on duty next morning. Five or six hours! Why was that? Is that the DUMC gold standard of care for a woman who presents with “blunt force trauma” and “the signs and symptoms” of this heinous crime? (as DUMC would later , through Levicy, represent to the DPD)

There is a special pink room to soothe rape victims as they are awaiting testing. Mangum was put elsewhere. Why? Was there another gang-rape-blunt-force-trauma “victim” in residence that night who merited the primo accomadations? DUMC has a lot of “splaining to do” in this case…either way…because if Mangum was believed…allowing her to lay around for hours was unconscionable. If she wasn’t..allowing Levicy to misrepresent the SANE exam to the DPD is an outrage!

IMO, the personnel who interacted with Mangum that night DID NOT find her believable…or they would have reacted MUCH differently (unless DUMC is indeed a callous incompent pit for any REAL victim)

Enter Levicy.

She encounters Mangum when she comes opn shift at 7AM…she and Manly finally attend to Mangum around 9AM. They note redness, some swelling, a non bleeding scratch, whitish discharge. Now his woman claims to have been used as a punching bag by three strong young athletes in a tiny bathroom FOR THIRTY MINUTES….violated in every horrific fashion. This wasn’t a boyfriend who didn’t respect “no is no.” This is a violent, hate filled attack.

Insert that close-up picture of Mangum here.

I’d love to have a jury see crime photos of real victims, beaten by ONE man…half that amount of time…and compare with Mangum’s unblemished face. Maybe a collage of them..with Mangum dead center…surrounded by the broken faces of women who REALLY endured repeated fists and kicks and crushing blows. These are the women Mangum disrespected and most damaged with her lies. But I digress….

Later, in her first interview Mangum would tell DPD that , oh yeah, she…. the shy young girl, new to dancing…had performed with a vibrator for a couple in a motel room…and later her strip club collegues would mention dropping Sister Survivor in the gravel after she argued with a customer….but Levicy would not know that. But Levicy WOULD know a SANE nurse collects evidence for a trial, not offers a diagnosis.

But when the DPD came calling, she diagnosed “blunt force trauma” and “all the signs and symptoms congruent with” the vicious gang rape story Mangum told.

We were off and running.

Now comes Nifong, newly elevated out of Traffic Court but behind in the polls. He’s put his own money into keeping his job,,because having fired Freda…his employment prospects… if she wins… look dismal. Suddenly, as he tells his campaign manager, a “million dollars worth of free publicity” falls in his lap. The media blitz begins. He’s championing the poor Black student against these ‘sons of privilege”; he’s choking himself on national TV. Perhaps he thought he could invite the MSM in for a few days, get the name regognition he needed, and then make them depart. Instead, he was the one cornered, “Nifong, honey, YOU can’t leave till we see what YOU’ve got here.”

He had a local pole dancer with a rap sheet and a medical record that would need to be carried into court on a lift-truck. She had told many different stories; the SAER didn’t match the rhetoric; she couldn’t even pick workable targets in the line-up. But he still had hope. Drunken college guys…strippers…there had to be some DNA.

Because at this point, it was essential for many folks that there really had been a rape.The community was enraged; the media was engaged. Duke’s tenured radicals were over the top.

I believe when Durham, Duke, Nifong et al met…that fateful day…that the Lab reported not a speck of DNA….a convergence of convenient necessity occured.

The Handwringers embraced their only possible MUTUAL solution.

Bell and Baker felt that riots were possible. Evidence or not, THEY believed Durham was demanding a trial. At the very least, for political purposes…this mess HAD to go to trial.

Brodhead believed that dropping the case would smell of University interference…woud NOT be “best for Duke.” At the very least, for Duke’s PR purposes…this mess HAD to go to trial.

Nifong understood that the genie was out of the bottle. He could not win this election and drop this case. At the very least, for Nifong’s personal purposes, this case HAD to go to trial.

Otherwise…, just WHO was going to step forward and say…”Ooops.” Who was going to tell the Potbangers, the NCNAACP, the Black Panthers, the folks at the NCCU forum…that Mangum was a liar?

They comforted themselves with platitudes..but there was self-preservation in each respective purpose. Collin, Reade and Dave were not real to them, must NOT be real to them. That’s why Nifong did not want to know their alibis; Brodhead did not want to meet with their devasteated parents. These kids just had to be the means to an expedient END: a trial.

The Hustlers…”Dr. Discount Meehan”…the Gospel-Singing Witness-intimidator Wilson…Houston Baker….the NCNAACP…the thugs and agendaistas…are really too numerous to mention…but certainly found a way to claim their share of the infamy.

The ATTY General of North Carolina told us there was NEVER any evidence of rape. But two rookies created an enviorment where a trial was deemed necessary…not to get at the truth but to get out of their lies.

It wasn’t a Frame per se; it was…a Fix.

Thirty years of three real kids lives were on the line…but they were expendable.

Does this happen often? (Hey You..I’m seizing your case.”)

Maybe krddurham has a more specific answer to this. Offhand, though, it strikes me as the kind of thing that would happen pretty naturally in most any bureaucratic, hierarchical organization.

…so we don’t need to get all wrapped up in the nonsense they print in the paper.

And nonsense it is / was, a puff piece unworthy of a ‘reporter’. Burness could have save Sophis the trouble and just ussed a press release.

That’s just what the agreement looks like it’s about — …Not so obvious in the agreement…

You’re at cross-purposes there, Dr Zimmerman. The patrolling aspect of the agreement hasn’t been in much evidence in the last 5 years, has it? One would think that the Trinity Park residents would be less vocal now, but the opposite is true.

Yes, it’s true that the extra patrolling initiated in 2004 with some fanfare (a Chronicle article from the fall) either hasn’t done the trick in Trinity Heights (not Park, though they may have the same complaints) or else maybe the two police departments haven’t kept at it, or whatever. I don’t know what the story is and I’m not interested enough in it to do the research. I noticed the irony at the time but I didn’t have anything useful to say about it.

I wasn’t at cross-purposes, either. My purposes are not as narrow as yours, which isn’t saying much — you’re a hard one to out-narrow. From the way you raise cross-purposes as a gotcha, it seems that your idea of debate is that I should respond to your mindless, uninformed spin with mindless spin of my own. And you clearly don’t know or care to know enough about the neighborhoods, the people in them, and the policing of them to offer anything more than mindless spin.

The same goes for journalism. Your two cents worth on the “puff piece” is overvalued. For what it is — a workaday news story in what’s essentially a community newspaper — it’s perfectly fine.

And this proves that 610 N. Buchanan was not within the jurisdiction of the Durham PD, as Ekstrand’s suit asserts???

No, Eckstrand’s assertion in that paragraph is in error. Everyone knows that, but you’re the only one who’s doing a neener neener on a 18-month old copy of the complaint.

Suffice it to say that DUPD has the authority and primary jurisdiction to investigate incidents that occur on Campus.

Pogostemon cablin/Yankenstein/Righteous Thug said: The part that assigns DUPD the authority and primary responsibility to investigate incidents on Campus.

And this proves that 610 N. Buchanan was not within the jurisdiction of the Durham PD, as Ekstrand’s suit asserts???

Duke’s campus is within the Durham PD’s jurisdiction and they have the authority to investigate any offense that allegedly takes place on campus…the Duke PD shares their jurisdiction (“Campus” and the “Campus Law Enforcement Area of Extended Jurisdiction”) with the Durham PD. If 610 N. Buchanan is within the corporate city limits of Durham, NC (and it is) then it’s within the Durham PD’s jurisdiction.

Regardless, the Durham PD’s investigation began in the Kroger parking lot. The Kroger security guard called 911 and the Durham PD was dispatched to respond to the call. When the responding officer, Sgt. (now Lt.) J.C. Shelton, arrived on the scene, he had the authority and primary responsibility to investigate what prompted the 911 call. After the trip to the Durham Access Center, the Durham PD’s investigation turned to a rape investigation and Crystal was transported to DUMC. There, Officer Shelton continued his investigation. The investigation was then transferred to Inv. B.S. Jones of the Durham PD. Sgt. Gottlieb ultimately seized control of the investigation and assigned Inv. Ben Himan to the case. The Durham PD never relinquished control of the investigation. They didn’t have to.

Anonymous said…

Blogger KC Johnson said…

To the 5.42:

As I noted above, you are certainly entitled to your belief that the CCI advocated increasing admissions standards in such a way that would have decreased the number of African-American students who were admitted to Duke—given that Duke’s own figures showed that the average SAT and admissions scores for African-American students admitted to Duke was considerably lower than the average SAT and admissions scores for legacy students admitted to Duke.

I appreciate the effort you took in rephrasing my question as a statement. However that statement does not portray a fair characterization of my question. Here is my question:

“Simply put, if the CCI was all for increasing diversity at the expense of academic standards, then why in the world would they make these 2 recommendations?” That seems to me to be pretty straightforward and I listed the 2 recommendations in my previous post which are as follows:
“3. Aggressively recruit international students and high-achieving applicants from underrepresented groups and increase financial aid to attract those students
4. Raise the low end of the admissions standards so that all students have the preparation and commitment to contribute fully to the intellectual life of the community”

My personal opinion is that the CCI wanted to make up for the loss in the low end of under-represented groups by aggressively recruiting at the high end of these groups. How they felt they could accomplish this is a matter of debate and certainly the report is lacking specific ideas other than an offer of increased financial aid for these highly qualified students. My concern with your post and some of the comments regarding the CCI is the impression it gives that the CCI wanted to increase diversity at any cost including admission standards. That runs counter to the ‘evidence’ as presented in their official recommendations.

RedMountain
6/17/09 5:51 PM

Blogger KC Johnson said…

To the 5.51:

Thank you for sharing with DIW readers your “personal opinion.” I am sure that it will be received with all the weight to which it is entitled.

6/17/09 5:57 PM

To KC:
I will also give your opinions all the weight to which I believe they are entitled (in my humble opinion).

Well, yes, when he refers to your “personal opinion” in scare quotes, that does looks like arrogant disregard. I’m not sure what good posting it here will do, but it can’t do any harm.

OK, it’s true that there’s a juicy technicality in there for anyone who goes in for that sort of thing.

That’s not a ‘technicality’, ‘juicy’ or otherwise. Assigning DUPD the authority and primary responsibility to investigate incidents on Campus is the raison d’être of the agreement - without that there would be no reason for the agreement in the first place.

That’s sure not what they were saying at the time it was put into effect. According to the Duke Chronicle…

The large number of students, faculty members and employees that live in the area around East campus will be the primary beneficiaries of the new cooperation, officials said.

[…]

“The advantage for the community is double the resources,” he said. “This agreement points to community safety and allows us to work hand-in-hand with the Durham city police to address quality of life issues for the extended Duke community.”

John Burness, senior vice president for public affairs and government relations, worked to facilitate this collaboration and believes it will benefit both the Duke and city police departments. “It should really improve response time, but it should also free up the Durham police to focus on higher crime areas that may be nearby,” he said.

The new Duke police patrols will not change the jurisdiction the Durham city police currently has in that area, but rather add to the existing police presence.

“This does not replace the Durham police. [The agreement] merely makes for a bigger and better response,” Birkhead said. “Police visibility should be increased as we have two police agencies patrolling the area immediate to Duke.”

That’s just what the agreement looks like it’s about — extending off campus and overlapping with the DPD. Not so obvious in the agreement but stressed in the article is the focus on patrolling rather than investigating.

Anyway, I know you’re just trying to yank my chain, so we don’t need to get all wrapped up in the nonsense they print in the paper.