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DA on the spot for comments
Raleigh News &Observer ^ | April 22, 2006 | Michael Biesecker, Benjamin Niolet and Joseph Neff

Posted on 04/22/2006 2:45:35 AM PDT by abb

Defense lawyers and legal experts say District Attorney Mike Nifong may have crossed ethical lines in public comments about rape allegations involving Duke University lacrosse players, potentially prejudicing jurors and setting off a media maelstrom.

Nifong says that he has done nothing wrong, though he has ceased talking with reporters about allegations made by an escort service dancer hired to perform at a March 13 team party. He would speak only about his handling of the case Friday.

"In terms of what I said, no, I wouldn't say I regret anything I've said," Nifong said. "I think what I have learned, basically, is that if you cooperate with the media out of a sense of duty to public truth, you make yourself a victim."

Local observers were hard-pressed this week to remember a case with so much back-and-forth between the prosecution and defense playing out in a 24-hour news cycle. It has some suggesting a judge should step in with a gag order.

Defense attorneys for the lacrosse players say it is their clients who have been victimized by Nifong, and they blunt criticism of their own extensive public comments by saying they are just attempting to limit the damage. Some also said photos, ATM receipts and other evidence they claim exonerates the two team members arrested Tuesday were given to the media only after Nifong refused to look at them.

In its ethical rules, the N.C. State Bar orders lawyers to refrain from statements outside the courtroom that they know might have "a substantial likelihood of materially prejudicing" legal proceedings. But once one side talks to the press, ethics rules say the other side can make statements "a reasonable lawyer" would believe are required to protect a client from bad publicity.

(Excerpt) Read more at newsobserver.com ...


TOPICS: Chit/Chat
KEYWORDS: da; duke; dukelax; nifong
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To: Dukie07
You are appalled that the students are supporting the LAX players. That the students are wearing Tshirts that say INNOCENT UNIL PROVEN GUILTY?

Something is very fishy about you, my dear.

161 posted on 04/22/2006 12:20:40 PM PDT by OldFriend (I Pledge Allegiance to the Flag.....and My Heart to the Soldier Who Protects It.)
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To: Enterprise
Poor victim Nifong. I think we should organize a "victim Nifong" drive, and send him lots of flowers, hankies, and panties.

He's probably the best thing that ever happened to the sport of Lacrosse. He'll probably even be immortalized.

162 posted on 04/22/2006 12:22:21 PM PDT by kcar ( It's lacrosse he'll have to bear.)
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To: Dukie07

Thank you--Reade was at the bank at 12:24, fast food and back at the dorm @ 12:41? Is that possible?


163 posted on 04/22/2006 12:22:56 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Dukie07

My #159 should not be read as some kind of correction of your #158. I was affirming your "yes" upthread.


164 posted on 04/22/2006 12:23:02 PM PDT by Locomotive Breath (In the shuffling madness)
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To: kcar

GREAT graphic..I stole it ;-)


165 posted on 04/22/2006 12:24:11 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Krodg

On Hannity last night, JJ produced a new ditty:

"Don't strip! (pause) Scholarship!" ...I'm not joking.


166 posted on 04/22/2006 12:25:10 PM PDT by GAgal
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To: abb

Nifong is a wet dream for any defense lawyer who wants to argue that their client can't get a fair trial. And he pretty much threw open wide the doors to let this trial be tried in the media rather than in court.

He may not be quite as incompetant as the Eagle, CO DA but he's pretty damned close. At least he hasn't posted confidential information on the internet - yet.


167 posted on 04/22/2006 12:25:14 PM PDT by Tall_Texan (I wish a political party would come along that thinks like I do.)
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To: Locomotive Breath

" Let's send him some cheap white stripper shoes. He continues to look for them. "

The white shoe is apparently as crucial to Nifong , as the glove found at Rockingham was to Johnny Cochran.
I'm sure Nifong has fantasies about having Mangum squeeze her foot into a white " do me " pump that he will magically present at trial.
It won't matter if it was found in a dumpster 1000 miles away from Finnerty's dorm ,is the wrong size or belongs to the wrong foot.


168 posted on 04/22/2006 12:25:58 PM PDT by Wild Irish Rogue
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To: Fido969

See post 139 - a quick reply!




joking aside [fido969], and i'll presume you're joking too, i have nothing to apologize for. when i first wrote about the duke case, nearly a month ago now, my column focused on the issue at hand at that moment -- the "wall of silence" the prosecutors and police were coming up against. in that column, at several junctures, i pointed out that there was no way of any of us know ing what went on there, but the team members needed to cooperate with the police.
since then i wrote about duke's awareness of the team's pattern of behavior. and about the tide of mail i've received about the likeness between this case and tawana brawley's. did you read that one?

thanks for your note. i was having a rick martinez flashback.


169 posted on 04/22/2006 12:26:10 PM PDT by Fido969 (It's all about ME)
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To: Neverforget01

I think that when Reade got back to the dorm, he didn't go in immediately. Isn't there a phone call between when he was dropped off and when he entered the dorm?


170 posted on 04/22/2006 12:26:15 PM PDT by Jrabbit (Scuse me??)
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To: kcar

You can already buy a life size goalie figure to put in the goal to shoot against. I predict, in the future, that these goalie figures will be topped with a Nifong head and wearing a lawyer suit.


171 posted on 04/22/2006 12:26:41 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

No entrance 25 feet from any drop-off point to 2C. I know. I moved boxes, and believe my, I looked for the closest spot!

The very end of Edens drive, by the picnic tables, is the closest point to 2c entrance, but it's very hard to turn around (narrow), and most traffic goes to fire lane entrance about 3/4 of the way down Edens Lane.

http://map.duke.edu/index.php?oldx=426.09&oldy=-275.22&zoom=4&new.x=252&new.y=294


172 posted on 04/22/2006 12:28:30 PM PDT by Dukie07
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To: Dukie07
Undeniably, there was underage drinking going on in a university-owned premises.

They own the house?

173 posted on 04/22/2006 12:28:38 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Neverforget01
No problem.


174 posted on 04/22/2006 12:29:48 PM PDT by kcar ( If the timeline don't fit, you must acquit.)
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To: Jrabbit

I think that the cabbie may be wrong about when his return trip was, but I don't know the area so have no idea how long it would take. Dukie07 leads me to think he may hvae been there before the police arrived at 12:55--but I'm guessing.


175 posted on 04/22/2006 12:30:04 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: OldFriend

I was referring to the early treatment - being spit on, being ridiculed by professors in class, etc.

I understand that there is now support on campus.


176 posted on 04/22/2006 12:31:08 PM PDT by Dukie07
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To: Jrabbit

Making a phone call from outside the dorm makes perfect sense. There is NO reception inside that fortress of a building!!


177 posted on 04/22/2006 12:34:46 PM PDT by Dukie07
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To: OldFriend; Dukie07
You are appalled that the students are supporting the LAX players. That the students are wearing Tshirts that say INNOCENT UNIL PROVEN GUILTY?

I think Dukie07 was refering to the ones bashing the lax players:

I am more appalled by the treatment the team received at the hands of other students and faculty than I am at the administration's stance.

178 posted on 04/22/2006 12:34:46 PM PDT by Ken H
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To: pepperhead

Yes, they own several houses in the immediate area.


179 posted on 04/22/2006 12:36:04 PM PDT by Dukie07
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To: Dukie07
Yes, they own several houses in the immediate area.

The house was off-campus. Do you still think they own it?

180 posted on 04/22/2006 12:41:31 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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