Himan Testimony

Assigned to the case on March 16 by Sgt. Gottlieb.

Says he would not have documented meetings or discussions with Nifong.

Doug Brocker is walking Himan through the early police reports showing that Mangum denied rape or made wholly non-credible claims.

The Christopher Day report--that Mangum said she was raped by 20 people--came from overhearing Sgt. Shelton on the phone at the Duke Hospital. Himan did not deny its validity.

Himan says that he didn't include the description of the three suspects (from his handwritten notes) in his typewritten notes because they were so vague they didn't even merit inclusion.

Doug Brocker has done a very good job of showing the lacrosse players were cooperative, and that there was no way Nifong could have been able to have spoken with such certainty that a crime had occurred based on the information he possessed at the time.

Roberts: Himan got a sense that she was a rather evasive person. Himan concedes that Roberts statement not consistent with Mangum's allegation of rape.

Reviews Levicy report noting that Mangum said no condom used in assault.

"Sgt. Gottlieb advised me that before we were going to do anything," Nifong wanted to be advised and had to go through Nifong.

Meets with Nifong at Nifong's request to go over the case--meeting occurred on or about March 27. Gottlieb, Himan, and Nifong at briefing, in DA's office.

At this initial briefing, discussed: execution of search warrant; complete cooperation of three residents of 610 N Buchanan; interview with Kim Roberts and Roberts' complete denial; failure of Mangum to identify in any of the initial photo array; that there was no one at party who made statement corroborating Mangum's statement about rape.

Nifong brought up inconsistencies in Mangum's stories. He made the comment, "You know we're fucked."

Nifong also brings up inconsistencies regarding Mangum's use of alcohol the night of the party--Nifong doesn't say how he was aware of this.

Met with Nifong daily or every couple of days during early stages of investigation.

Nifong always said that this would be a circumstantial case; consistently said would be difficult to prove the allegations.

As of March 31, Himan concedes investigation was at a "standstill."

Nifong gave instruction on how the April 4 array was to be conducted; Gottlieb then goes along. Nifong makes decision on what pictures he wants included in array.

After the 4-4 array, Nifong, through Officer Soucie, said that he wanted a timeline of Mangum's previous activities, as way of determining whether vaginal edema might have come from another source.

At meetings with Meehan, gave updates on what they had found and what these findings meant. April 10 meeting: no DNA from any Duke lacrosse players on the rape kit. Says there was additional male DNA at either the 4-10 or 4-21 meeting--subsequently concedes this information was provided by Dr. Meehan on April 10.

After 4-10 meeting says tests had no matches to lacrosse players, Nifong says he wants everything (not just SANE kit) brought over to DNA Securities for testing.

On ride back to Durham, Nifong says that the fingernails evidence can be used to indict Dave Evans. Nifong was the person who made this decision.

Meehan at May 12 meeting: "He had a final report ready that day." Meehan goes through the written report--the entire report--at the May 12 meeting. Himan believes that Nifong was engaged at the meeting--asked some questions--though doesn't recall which questions Nifong asked.

Had concerns about going forward with indictment of Reade Seligmann--"we didn't have any facts that he was there" at the party.

Gottlieb and Soucie, after meeting with Nifong, report that Nifong said he wanted to go ahead with indictments. Himan: "With what?"

Gottlieb said he had expressed similar concerns to Capt. Lamb and Lt. Ripberger, in conference call with Nifong.

Meets individually with Nifong to discuss his concerns with decision to go ahead with indictments. Nifong says must go ahead. Himan then tried to contact players' attorneys, attempting to determine whether or not they were at parties. Contacted Bob Ekstrand. Tried to "work from the bottom up"--this led to the nighttime sojourn to the Duke University campus.

Received info re: Michael Young, Brad Ross, Adam Langley, that all were not there. This occurred before the party.

Was engaging in this activity because "I didn't want to indict somebody that shouldn't have been indicted." Was at the office until 10pm the night before indictments trying to gather exculpatory evidence working with Samantha Ekstrand.

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Elmostafa warrant originally brought up in meeting with Nifong and Linwood Wilson--after Nifong left the meeting, Linwood Wilson told Himan about warrant and said he wanted Elmostafa picked up. Wilson stops by his office the next day and says that Nifong wants Elmostafa to be picked up as soon as Elmostafa arrested. Wilson said that he had been doign "further background work" on Elmostafa.

At that meeting, Wilson says that Nifong wanted to be notified as soon as warrant served.

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No advance notice that Linwood Wilson would interview Crystal Mangum. "Shocked" and "a little upset" that he was not notified of the interview. Finds out about the interview the next day, between 11.15am-11.30am--just before rape charges were dropped.

Had a conversation with Linwood Wilson just after reading notes of Wilson's interview. Said that the Wilson-Mangum new version of events "didn't make any sense."

Urged to Wilson that they should re-interview Mangum; this re-interview never occurred.

Involved in re-interview of Tara Levicy: Wilson raises issue of possible condom use in the January 2007 re-interview with Levicy. Prior to this interview, there was nothing in the file to indicate that condoms had been used prior to the alleged assault.

Agreed with decision to dismiss charges: "From the interviews, it was clear she was lying."