Calvin Nicholson had asked several days before the drive-by shooting whether he could be a member of a gang called the Bloods. He was told he would "have to put in work."Putting in work, according to the Durham detectives, meant breaking the law but not necessarily shooting someone."It's committing crimes," Cates said. "It's like an initiation process."On the day of the shooting, according to the statement, Nicholson left school early because he was not feeling well.His mother picked him up and took him to his brother's house where they watched a movie. Later that afternoon, they returned to his mother's home and the brothers sat on the front stoop while she went to pick up an aunt from work.At some point, Nicholson got into a car with other teens he knew and they went to The Streets at Southpoint mall.They stayed until about 9 p.m., according to the statement, then stopped at a McDonald's on the way back to the neighborhood.
At some point, according to Nicholson's statements, someone in the car zeroed in on Douglas, a high school teenager who they thought was associated with the gang called the Crips. Douglas was in an open lot not far from a corner convenience store.The driver, the same teen Nicholson had approached about being in a gang, passed a handgun back and said, "It's time to put in work," the investigators recalled in the statement.Nicholson, according to the investigators, shot the gun twice from the back seat and put it in his lap. It was unclear from testimony given at the hearing whether those bullets killed Douglas.Nicholson eventually ended up in front of his house. He left the weapon on the back seat of the car, according to the statement, and ran inside, fearing that his companions would come after his family if he said anything."I prayed to the Lord and asked for him to have his angels watch over me, for me not to get caught and for him to forgive me," Cates said Nicholson told him.
The teen didn't learn of Douglas' death until noon the following day.
Some of the same problems exposed by the Duke lacrosse case, where defense lawyers complained about missing and doctored notes, arose in last week's hearing.Holmes, the defense lawyer, found out late last week that he did not have an investigator's notes from the key interrogation.In his testimony about how he obtained the statement -- by asking questions and then writing Nicholson's answers -- Cates, the investigator, talked about things he had jotted down elsewhere, evidence that Holmes was not aware of. State law requires prosecutors to open their case files to defense lawyers and turn over all evidence.
"You're telling me there may have been handwritten notes," Holmes asked Cates during the hearing.
"It was just scribbling," Cates said.Ronald Stephens, the Superior Court judge who oversaw the hearing, asked Cates: "In getting the general feel for the information, you say you may have made some notations?"Cates also told Nicholson's attorney that he had put his notes in the case file, and after that he did not know what happened to them."You don't keep notes from murder confessions?" Holmes asked with a raised voice. "You can see that it's a problem.
Holmes, the defense lawyer, also argued during last week's hearing that while investigators had Nicholson in the interview room, his mother and other relatives tried several times to come in.
Cpl. A .Z. Jaynes, the first to interrogate the teen, testified that he remembered several run-ins with Nicholson's family on the second floor of the police department. Holmes said an aunt asked about getting a lawyer and Nicholson's mother asked to sit in on the interview.
"I recall her saying, 'He's slow,' or something to that effect," Jaynes said.
The investigators testified that Nicholson waived his right to have a lawyer present. They also said the teen said he did not want a parent present.
"I believe I told her that we had to talk to him and he had to request that," Jaynes said.
At some point, according to Nicholson's statements, someone in the car zeroed in on Douglas, a high school teenager who they thought was associated with the gang called the Crips. Douglas was in an open lot not far from a corner convenience store.The driver, the same teen Nicholson had approached about being in a gang, passed a handgun back and said, "It's time to put in work," the investigators recalled in the statement.Nicholson, according to the investigators, shot the gun twice from the back seat and put it in his lap. It was unclear from testimony given at the hearing whether those bullets killed Douglas.Nicholson eventually ended up in front of his house. He left the weapon on the back seat of the car, according to the statement, and ran inside, fearing that his companions would come after his family if he said anything."I prayed to the Lord and asked for him to have his angels watch over me, for me not to get caught and for him to forgive me," Cates said Nicholson told him.
The teen didn't learn of Douglas' death until noon the following day.
Some of the same problems exposed by the Duke lacrosse case, where defense lawyers complained about missing and doctored notes, arose in last week's hearing.Holmes, the defense lawyer, found out late last week that he did not have an investigator's notes from the key interrogation.In his testimony about how he obtained the statement -- by asking questions and then writing Nicholson's answers -- Cates, the investigator, talked about things he had jotted down elsewhere, evidence that Holmes was not aware of. State law requires prosecutors to open their case files to defense lawyers and turn over all evidence.
"You're telling me there may have been handwritten notes," Holmes asked Cates during the hearing.
"It was just scribbling," Cates said.Ronald Stephens, the Superior Court judge who oversaw the hearing, asked Cates: "In getting the general feel for the information, you say you may have made some notations?"Cates also told Nicholson's attorney that he had put his notes in the case file, and after that he did not know what happened to them."You don't keep notes from murder confessions?" Holmes asked with a raised voice. "You can see that it's a problem.
Holmes, the defense lawyer, also argued during last week's hearing that while investigators had Nicholson in the interview room, his mother and other relatives tried several times to come in.
Cpl. A .Z. Jaynes, the first to interrogate the teen, testified that he remembered several run-ins with Nicholson's family on the second floor of the police department. Holmes said an aunt asked about getting a lawyer and Nicholson's mother asked to sit in on the interview.
"I recall her saying, 'He's slow,' or something to that effect," Jaynes said.
The investigators testified that Nicholson waived his right to have a lawyer present. They also said the teen said he did not want a parent present.
"I believe I told her that we had to talk to him and he had to request that," Jaynes said.
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