Question Session

Whichard: asks Cooney about the Baker/Chalmers report claim that defense attorneys were responsible for not providing information to DPD.

Cooney: at start of the case, everyone assumed that three residents were prime suspects. Seligmann first finds out that he's a prime suspect when he's told he was being indictment.

Then, before end of April, Osborn filed out detailed notice of alibi. Police knew about this--which is why the police go to Elmostafa.

Cheshire: Evans, without counsel, gave full statement to police. Then Nifong, as lead investigator in case, wouldn't talk to them.

Cooney: he and Nifong met early December--prepared to bring Reade Seligmann into meet with Nifong and police. Nifong: "As long as she can identify him, this prosecution will go forward." Why would defense deal with the officers when it was Nifong making all the decisions?

Bill Cotter: "We were getting the idea that people were cheating"--"so determined to convict these boys that they're not playing by the rules. That was our biggest fear in this case."

Cooney: responsibility clearly vested in Gottlieb and Himan. Couldn't identify any other officers in the case--clear that they were reporting to Nifong.

Whichard: was attempt on Elmostafa initiated by DPD?

Cooney: warrant discovered by Linwood Wilson; Wilson made it clear to Himan that Nifong wanted Elmostafa arrested; Himan goes to someone in chain of command to ask if reasonable; Elmostafa asked if he wanted to stand by this story.

Chief Pat Norris asks about alleged internal affairs inquiry into Sgt. Shelton--Cooney: no indpt. evidence other than Linwood Wilson's testimony. But it is clear that Linwood Wilson did go around and interview people who worked with Shelton that night.

Cheshire: police and Nifong statements created "enormously dangerous" atmosphere.

Cooney: key documents: AG's report; Himan's notes; Sgt. Gottlieb's "report"; suppression motion lineup contains all the key documents; Himan and Gottlieb depositions to State Bar; Linwood Wilson deposition; Nifong deposition.

Cotter: read Roberts' and Mangum's statements side by side.

Chief Pat Norris: wants timeline of police actions from start to end.

Aurelia Sands Belle (whose statement suggests that a rape might have occurred) had no questions of the defense attorneys.

Kenneth Spaulding: as case progressed, "I was very concerned about not hearing from Chief of Police . . . It is not the job of defense attorneys to see that law enforcement does its job." Felt Chalmers was "missing in action." Wants Chalmers as a witness before the commission.

It appears, unfortunately, as if members of the commission believe that Himan and Gottlieb were both trying to get information to Nifong, and were trying to do the right thing. Gottlieb, of course, was not doing so.

In the second round of questions, Sande Bells is asking a question, as to any evidence of Mangum's intoxication.

The role of Sgt. Shelton appears to be quite interesting to law enforcement members of the commission. Cotter praises Shelton--first officer on the scene and he figured out the case. Suspects that all people up in the chain of command believed Shelton.

Judge Barber (committee counsel) questions:

Cooney: no specific request by DPD to interview Seligmann alone.

First two arrays didn't comply in that the "fillers" were all lacrosse players--but in other respects complied with G.O. 4077.

Barber: What should a good police chief do to protect the integrity of his department?

Cooney: importance of following chain of command.

Barber: question of police veracity?

Cooney: "integrity" of report and reporting system re Gottlieb--report seemed to do exactly what NYT article said it did--closed holes in case.

Have concern about claim in affidavit that Duke players were calling each other by numbers.

Chief Pat Norris: her questions, of the entire panel, seem to be the most impressive--she seems to understand exactly what needs to be asked.

Whichard: next step in the process seems to be hearing from police. The week after next they will confer with the Police attorney and set up the next meeting.

City Council has made it clear if the commission needs to exercise subpoenas, can do so.

Mayor Bell personally sat through the entire session--an important statement of political support.