Many of you know Alex Charns, attorney for one of the unindicted Duke lacrosse players, has requested documents and an investigation regarding the authorization, production and distribution of at least two Durham CrimeStoppers posters/flyers regarding the Duke lacrosse case.
If you are not familiar with Charns' actions on behalf of his client this post, "Duke lacrosse: What about the posters?" and this one, "Duke lacrosse: CrimeStoppers poster questions," provide background information concerning the document texts which follow.
I'm sorry I can't offer readers photo facsimiles of the documents. Two came in PDF photo form and even with help of tech savvy friends I couldn't produce facsimiles in Word form. As we get to each document, I’ll say something about its form.
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First document: Charns' email to Durham City Manager Patrick Baker requesting Durham City and Durham Police Department records and a DPD investigation into the production and distribution of CrimeStoppers posters and flyers regarding the Duke lacrosse case.
Sent: Thursday, May 18, 2006 7:35 AM
To: patrick.baker@durhamnc.gov
Cc: steve.chalmers@durhamnc.gov; acharns@verizon.net
Subject: Public Records Request and Request for an Investigation into
DPD Duke lacrosse posters
Dear Patrick:
This is a Public Records Act (N.C.G.S Sec. 132-1 et seq.) request as well as
a call for an Internal Affairs or city manager investigation.
I have been made aware of a Durham Police Department poster offering cash
for “assistance in solving this [Duke lacrosse team] case” that impugned the
entire lacrosse team with its assertion that “The victim was sodomized,
raped, assaulted and robbed. This horrific crime sent shock waves
throughout our community.” It is my understanding that these were posted
around the Duke campus and adjoining neighborhoods.
I request certified copies of all city of Durham and Durham Police
Department press releases or posters concerning the Duke lacrosse alleged
rape investigation. This requests includes all e-mail, drafts, memos and
chain-of-command authorizations, if any, for these posters. The search
locations should include computers and files at the police department, Risk
Management Department, and the Office of the City Manager.
I ask you, as an attorney and as a city leader, how is that our police force
offered to pay money to anonymous witnesses in order to solve a crime that
it claimed to know for a fact had occurred? What happened to investigating
a crime before a blanket accusation of guilt is made? Wasn’t it “Alice in
Wonderland” in which the verdict came before the trial, and the accuser
acted as judge and jury?
I further request that an investigation be conducted into whether the Duke
lacrosse rape allegation posters were in keeping with the General Orders,
Rules and Regulations of the Durham Police Department, and whether they were
authorized by the city and the department.
I appreciate your prompt response to these requests. I make these requests
directly to you (copy to the Chief) as it appeared from press reports that
the Police Chief was not in a position to respond in a timely manner due to
other business, and you had been investigating the police response in this
case.
Sincerely,
M. Alexander Charns
Charns & Charns Attorneys at Law
www.charns-charnslaw.com
Alexander Charns - D. Tucker Charns
123 Orange Street, P.O. Box 59
Durham, N.C. 27702
Readers Note: To the best of my knowledge and consistent with press reports, Chief of Police Steve Chalmers has not been seen publicly since the Duke lacrosse story broke. Citizens have been told he is attending his mother who is gravely ill.
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Second document: The text of a letter DPD Major Lee Russ wrote on behalf of DPD to Charns. The letter was on DPD letterhead.
In his letter Russ states he is enclosing "copies of all press releases produced by the City of Durham and the Durham Police Department concerning the crime alleged to have occurred at 610 N. Buchanan Boulevard on or about March 13, 2006." Charns' tells me he received from Russ only one document, the text of which follows Russ's letter.
The body of Russ' letter was a single paragraph as presented here.
May 26,2006
Attorney Alex Charns
Charns & Charns Attorneys at Law
Post Office Box 59
Durham, NC 27702
Dear Attorney Charns:
I am in receipt of your email sent Thursday, May 18, 2006 to City Manager Patrick Baker and copied to Chief Steven Chalmers. Pursuant to your request, enclosed are copies of all press releases produced by the City of Durham and the Durham Police Department concerning the crime alleged to have occurred at 610 N. Buchanan Boulevard on or about March 13, 2006. It is our understanding that posters containing allegations by the accuser and photos of members of the Duke lacrosse team were distributed on Duke's campus by a source unknown to us. In addition, a solicitation for information was produced by the Durham Crimestoppers Coordinator. Crimestoppers is an independent nonprofit organization that offers cash awards for information leading to arrests in criminal activities alleged to have occurred. When the solicitation for information was brought to the attention of the Police Department, given the degree of media coverage, questions, debates and community tensions already surrounding this matter, we felt that a less strongly worded request would he preferable. Therefore, I contacted the Crimestoppers Coordinator and the solicitation for information was immediately amended as evidenced by copies of the enclosed emails. We recently became aware that the originally drafted Crimestoppers' request for information was copied by a member of our agency using a Durham Police Department header. However, just as this issue was promptly addressed when it first came to our attention almost two months ago, appropriate actions will he taken by the Durham Police Department to ensure that information distributed by or associated with the Department is effective, accurate and sensitive to the community we serve.
Sincerely,
Major Lee Russ
Office of the Chief
cc: Patrick Baker, City Manager
Steven Chalmers, Chief of Police
Ronald Hodge, Deputy Chief of Police
Enclosures
A Nationally Accredited Law Enforcement Agency
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Third document: The text below followed a header with Durham Police Department in large letters superimposed against a background that included a police officer's shield, the Durham skyline, and the Durham City logo.
On Monday, March 13,2006 about 11:00pm, the Duke University Lacrosse Team solicited a local escort service for entertainment. The victim was paid to dance at the residence located at 610 Buchanan. The Duke Lacrosse Team was hosting a party at the residence. The victim was sodomized, raped, assaulted and robbed. This horrific crime sent shock waves throughout our community. Durham Police needs your assistance in solving this case. We are asking anyone who has any information related to this case, please contact lnv. Himan at 560-4582 x229._
Information can also be provided anonymously through Durham CrimeStoppers at 683-1200 or by email to david.addison@durhamnc.gov (Please use an anonymous email account). Durham CrimeStoppers will pay cash for any information which leads to an arrest in this case.
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