Joining Nifong in court today were Inv. Himan, Linwood Wilson, and political advisor Victoria Peterson. A notable absence: Sgt. Mark Gottlieb, heretofore described as the lead investigator on the case.
Nifong informed the court, however, that as of July 14, Gottlieb ceased to be lead investigator on the case. The sergeant went on medical leave, but has now returned to work. No reason was given by Himan now occupied Gottlieb's place.
No doubt Nifong wishes he could be free from the burden of defending Gottlieb's procedurally dubious actions. But, without these procedurally dubious actions, Nifong would have no case.
Gottlieb is out. Wow, that is certainly an incredibly interesting development. Your blog is just full of new information today. Thanks so much.
ReplyDeleteDoes this preclude Gottlieb from being called to testify should there be a trial?
ReplyDeleteTo the 2:37 - No. Word is Gotlieb has had health (heart) issues.
ReplyDeleteI would think that if Nifong intends to use his notes he would have to testify. As Professor Johnson has pointed out, without the notes the case is much more problematic for the D.A.
ReplyDeleteGee. I miss the Sarge already. NOT!!
ReplyDeleteI think he's going to have to testify though. How else can Nifong introduce his "notes"?
Professor, Thank you for the eyewitness reports on the hearing. Was there any indication as to when (if ever) the judge would consider any of the defense's substantive motions that have pending for months, such as the motion to suppress the lineup and the motion to disqualify Nifong? Thanks.
ReplyDeleteOne would not expect Gottlieb's notes to be introduced at all. Typically an officer's notes could be used in court, by the officer, to refresh his memory. No officer on the stand; no memory to refresh; no notes.
ReplyDeleteYoung
If Nifong wants to introduce the contents of the notes he'll have to put Gottlieb on to testify to them.
ReplyDeleteThere is another thing to keep in mind, that being how Gottlieb's report made its way to the New York Times in the first place. Whoever leaked the report broke the law, and I would be willing to bet the house that it was not the defense.
ReplyDeleteYes, as I have said before, a number of felonies have been committed in this case. None by the defendants, but many by Liefong and his evil police attendants.
William L. Anderson
Mr. William L. Anderson,
ReplyDeleteWhat law did they violate?
(p.s. I've enjoyed all you've wrote on the case, thank you)
I wouldn't make to much of Himan being beside Nifong in court. In every previous hearing I have seen, Himan has been the guy beside Nifong. I am pretty sure Himan is the lead investigator on the case, Gottlieb is the super. Himan is totally green but it is his case. I remember reading in very early N&O coverage re the background of the investigators - title was investigators inexperienced or something like that - that Himan was the lead. Gottlieb's notes are impeachment material, and to refresh his recollection if he testifies, nothing more.
ReplyDeleteOne would think this Gottlieb would have to testify. I don't see how they have a case at this point. without his testimony, there is not even a hint of suspicion that a crime was even committed.
ReplyDeleteThis is a typical Prosection method when they screw up the original case. Gottlieb will be "away" when the defense tries to call him. The pros. will even hide him until he actually has to testify. his notes can't be used unless he testifies. Then they are "material' and the process of his making notes is also relevant to the defense. Investigators do not get to make a dying declaration so perhaps Nifong and gottlieb should have thought about basic Police work, rules and regulations when they didn't have two poeple make these interviews and observations.
Another thought, often when an officer uses his notes to refresh his memory there is a requirement that foundation be laid establishing that the notes were essentially contemporaneous with the events recorded. If it is true that Gottlieb prepared his notes long after his interviews, it may be difficult for Nifong to lay foundation for the use of the notes even by Gottlieb to 'refresh' his memory. Those notes may be unusable in court for any purpose by the prosecution. On the other hand, the defense may find something in them to help impeach Gottlieb on cross if the takes the stand. Is Nifong praying that the accuser refuse to offer testimony? He ought to be; it's his only exit.
ReplyDeleteYoung