Credibility of Crystal Mangum as accuser Possible intoxication and mental state Lawyers for the Duke lacrosse players have said that Mangum was intoxicated with alcohol and possibly other drugs on the night of the party. By the accuser's own admission to police, she had taken prescription
Flexeril and drunk "one or two large-size beers" before she went to the party. The Attorney General's office later noted that Mangum had taken
Ambien,
methadone,
Paxil, and
amitriptyline, although when she began taking these medications is uncertain.
Inconsistencies in Mangum's story Over the course of the scandal, police reports, media investigations, and defense attorneys' motions and press conferences brought to light several key inconsistencies in Mangum's story. Some of the questions about her credibility were: • Durham police said that Mangum kept changing her story and was not credible, reporting that she initially told them she was raped by 20 white men, later reducing the number to three. • Another police report states that Mangum initially claimed she was groped, rather than raped, but changed her story before going to the hospital. • On December 22, 2006, Nifong dropped the rape charges after Mangum stated that she was penetrated from behind but that she did not know with what. In North Carolina, penetration with an object is considered sexual assault, not rape. • On January 11, 2007, several more inconsistencies came to light after the defense filed a motion detailing her interview on December 21, 2006. For example, she changed details about when she was attacked, who attacked her, and how they attacked her: • In the new version from the December 21 interview, Mangum claims she was attacked from 11:35 p.m. to midnight, much earlier than her previous accusations. This new timing was before the well-documented alibi evidence for Seligmann that placed him away from the house. However, the defense said that during this new timing, Seligmann was shown to be on the phone with his girlfriend during the height of the attack. Additionally, Mangum received an incoming call at 11:36 p.m. and somebody stayed on the line for 3 minutes, which would be during the party, according to the new timetable. • The new statement contradicted time-stamped photos that show Mangum dancing between 12:00 and 12:04 a.m. If the revised statement time was true, it would mean that the two women stayed at the party for nearly an hour after the supposed attack. Kim Roberts left with Mangum at 12:53 a.m. In her April statement, Mangum said they left immediately after the attack. • Mangum changed the names of her attackers, claiming they had used multiple pseudonyms. • She also changed her description of Evans. She previously said that she was attacked by a man who looked like Evans with the addition of a mustache. Later she said this assailant had a five o'clock shadow. • Mangum claimed that Evans stood in front of her, making her perform oral sex on him. Previously, she stated that Seligmann did this. In the latest statement, she said that Seligmann did not commit any sex act with her, and that he had said that he could not participate because he was getting married. Although he has a girlfriend, there is no evidence that they were engaged or planning marriage. • North Carolina Attorney General Roy Cooper said Mangum told many different accounts of the attack. In one account, she claimed she was suspended in mid-air and was being assaulted by all three of them in the bathroom. Cooper said this event seemed very implausible because of the small size of the bathroom. According to a
60 Minutes investigation, Mangum gave at least a dozen different stories. •
The News & Observer, North Carolina's second largest newspaper, conducted its own investigation. It determined that Mangum gave at least five different versions of the incident to police and medical interviewers by August 2006. • Mangum did not consistently identify the same three defendants in the photo lineups. Media reports have disclosed at least two photo lineups that occurred in March and April in which she was asked to recall who she saw at the party and in what capacity. In the March lineup, she did not choose Evans at all. During these two sessions, she identified only Brad Ross with 100% certainty as being at the party. After being identified, Ross provided police investigators with evidence that he was with his girlfriend at
North Carolina State University before, during, and after the party—through cell phone records and an
affidavit from a witness.
Other credibility issues The Duke defense lawyers or media reports have indicated: • The second stripper who performed at the house, Kim Roberts, said that Mangum was not raped. She stated that Mangum was not obviously hurt. Likewise, she refuted other aspects of Mangum's story including denying that she helped dress Mangum after the party and saying that they were not forcefully separated by players as Mangum had reported. • DNA results revealed that Mangum had sex with a man who was not a Duke lacrosse player. Attorney Joseph Cheshire said the tests indicated DNA from a single male source came from a vaginal swab. Media outlets reported that this DNA was from her boyfriend. • She had made a similar claim in the past which she did not pursue. On August 18, 1996, the dancer – then 18 years old – told a police officer in Creedmoor she had been raped by three men in June 1993, according to a police document. The officer who took the woman's report at that time asked her to write a detailed timeline of the night's events and bring the account back to the police, but she never returned. • The strip club's security officer said that Mangum told co-workers four days after the party that she was going to get money from some boys at a Duke party who had not paid her, mentioning that the boys were white. The security guard did not make a big deal of it because he felt that no one took her seriously. • Mangum was arrested in 2002 for stealing a cab from a strip club where she had been working. She led police officers on a high-speed chase before she was apprehended, at which point her blood alcohol level was more than twice the legal limit. She was sentenced to three weekends in detention.
Durham Police Department's actions Lawyers and media have questioned the methods of the photo identification process, and have argued that the police supervisor in the case, Sgt. Mark Gottlieb, has unfairly targeted Duke students in the past.
Photo identification Lawyers and media reports alike suggested the photo identification process was severely flawed. During the photo identifications, Mangum was told that she would be viewing Duke University lacrosse players who attended the party, and was asked if she remembered seeing them at the party and in what capacity. Defense attorneys claimed this was essentially a "multiple-choice test in which there were no wrong answers", while Duke law professor
James Earl Coleman Jr. posits that "[t]he officer was telling the witness that all are suspects, and say, in effect, 'Pick three.' It's so wrong."
U.S. Department of Justice guidelines suggest including at least five non-suspect filler photos for each suspect included, as did the Durham Police Department's own General Order 4077, adopted in February 2006. Ross (the only player she identified as attending the party with 100% certainty during both procedures) provided police investigators with evidence that he was with his girlfriend at
North Carolina State University before, during, and after the party through cell phone records and an affidavit from a witness. Another person whom the accuser had identified in April also provided police with evidence that he did not attend the party at all. In regards to Seligmann's identification, Mangum's confidence increased from 70% in March to 100% in April. Gary Wells—an
Iowa State University professor and expert on police identification procedures—has asserted that memory does not improve with time. According to the transcript of the photo identification released on
The Abrams Report, Mangum also stated that David Evans had a mustache on the night of the attack. Evans's lawyer stated that his client has never had a mustache and that photos as well as eyewitness testimony would reveal that Evans has never had a mustache.
Accusations of intimidation tactics Defense lawyers suggested police used intimidation tactics on witnesses. On May 11, Moezeldin Elmostafa, an immigrant taxi driver who signed a sworn statement about Seligmann's whereabouts that defense lawyers say provides a solid alibi, was arrested on a 2½-year-old shoplifting charge. Arresting officers first asked if he had anything new to say about the lacrosse case. When he refused to alter his testimony, he was taken into custody. An arrest and conviction would have destroyed his chance for citizenship and could have led to his deportation. Elmostafa was subsequently tried on the shoplifting charge and acquitted, after a grainy security tape proved that a security guard who was the prosecution's chief witness had "misremembered" events. Police also arrested Mangum's former husband, Kenneth McNeil; her boyfriend, Matthew Murchison; and another friend, with the disposition of their own separate cases entirely in the hands of District Attorney Nifong. The daughter of Durham's police chief was arrested on an old warrant, and the chief himself remained absent from duty and invisible to the press for most of the case.
Supervisor The News & Observer suggested that the supervisor of the lacrosse investigation, Sgt. Mark Gottlieb, had unfairly targeted Duke students in the past, putting some of his investigational tactics into question. Gottlieb made a disproportionate number of arrests of Duke students for misdemeanor violations, such as carrying an open container of alcohol. Normally, these violations earn offenders a pink ticket similar to a traffic ticket. From May 2005 to February 2006, when Sgt. Gottlieb was a patrol officer in District 2, he made 28 total arrests. Twenty of those arrests were Duke students, and at least 15 were handcuffed and taken to jail. This is in stark contrast to the other two officers on duty in the same district during that same 10-month period. They made 64 total arrests, only two of which were Duke students. Similarly,
The News & Observer charges that Gottlieb treated non-students very differently. For example, he wrote up a young man for illegally carrying a concealed .45-caliber handgun and possession of
marijuana (crimes far more severe than the Duke students who were taken to jail committed), but did not take him to jail. Residents complimented Gottlieb for dealing fairly with loud parties and disorderly conduct by students.
Nifong's actions Possible political motivation At the time the rape allegations were made in March 2006, Mike Nifong was in the midst of a difficult
Democratic primary election campaign to keep his position as Durham County District Attorney, facing strong opposition. It was understood that if Nifong lost the primary, he would very likely lose his job. Some commentators have opined that Nifong's prosecution of the Duke lacrosse players and his many statements to the media were driven by his political strategy to attract African-American voters. The primary was held on May 6, 2006, and Nifong won by a slim margin of 883 votes. Results showed Nifong won the primary on the basis of strong support from the black community. Nifong went on to win the general election in November 2006, although by a lower margin than usual for Democratic candidates in Durham County at that time.
Prosecution's chief investigator Nifong hired Linwood E. Wilson as his chief investigator. During Wilson's private detective career, at least seven formal inquiries into his conduct were performed. In 1997, Wilson was reprimanded by the state commission. After his appeal of the decision was rejected, he allowed his detective license to expire. In response to criticism, Wilson stated that no one had ever questioned his integrity. On June 25, 2007, shortly after Nifong's disbarment and removal from office, it was reported that Nifong's replacement, interim district attorney Jim Hardin Jr., fired Wilson from his post. ==Wider effects==