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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
http://www.msnbc.msn.com/id/12080547/

Team captains released a statement denying any sexual activity took place at the party March 13th in an off-campus home rented by several players.

181 posted on 04/22/2006 12:44:56 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: Dukie07
Thanks for the map. I looked for one with google and kept getting directed to a site from the housing dept. that wanted Internet Exploder. I should have gone directly to Duke's site and hunted from there. Duh

The video from Dan Abrams the other night did show the cop cars all the way up at the end of the drive. I'll have to go back for a drive through although I'll bet the furthest up point was more accessible at 2 am during spring break than it was during "move in" day. : )

"2C" is indeed my old dorm a.k.a. Lancaster. That's why I knew immediately that an e-mail proposing a skin-the-stripper party in the dorm room was ridiculous as it would be physically impossible. Now I'm gonna have to dig up the search warrants and see if any of those guys were living in my old room. I hope the carpets have been replaced since then.

182 posted on 04/22/2006 12:45:16 PM PDT by Locomotive Breath (In the shuffling madness)
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To: pepperhead

Yes, the university bought several houses last year, I believe. Paid something like $3 mil for 12 houses, I think. I'll see if I can find the info.


183 posted on 04/22/2006 12:45:28 PM PDT by Dukie07
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To: Dukie07
I read a newspaper account of one professor complaining that the team was too tight a group.

What a ridiculous statement. If he had more to say he ought to have said it or simply shut up.

184 posted on 04/22/2006 12:46:00 PM PDT by OldFriend (I Pledge Allegiance to the Flag.....and My Heart to the Soldier Who Protects It.)
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To: Locomotive Breath

Carpets are new :)


185 posted on 04/22/2006 12:47:55 PM PDT by Dukie07
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To: Fido969


See 169 - my reply:




Thank you for your polite note.

Well, yes, it was meant as a "finger in the eye", but I went through a similar situation as these young men are going through during my divorce, and these types of allegations - even if you can "prove yourself innocent" as I could, have a lasting and damaging effect. Even so, this has to be such a difficult situation, I find it hard to fathom what these young men are going through.

What about the "wall of silence" about the epidemic of false allegations? Why is that taboo - although every attorney on the planet knows how common those are? What about the "wall of silence" about justice - about charging the real criminal here - if that would be the case - that false charges would be made? What about Nifong's wall of silence - after granting 70 interviews early on - expressing indignation at the crime he said had occurred - and suddenly clamming up when the evidence does not go his way? The "wall of silence" about the accuser's name - but the publication of all the team members' pictures and addresses?

I could go on and on about the "wall of silence".

The "politically correct" wall of silence. The "wall of silnce" that ignores inconvienient truths.

Who is going to undo what has been done here? Who is going to change what they do in the future? Who is going to look at the world differently as a result of this injustice? Who is going to try to make amends, if not direct, then indirectly in the future?

What will this change? What good will come out of this for those who are the true victims?

Or is everyone just going to look at the wreckage in the review mirror and say: "Thank God it's not me!"

So, tell me - How does justice get rendered?

Tom C.


186 posted on 04/22/2006 12:48:27 PM PDT by Fido969 (It's all about ME)
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To: Neverforget01

Yep. The cabbie had to be back before the cops.


187 posted on 04/22/2006 12:48:39 PM PDT by Jrabbit (Scuse me??)
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To: Dukie07

That's what I think...he called his gf before going inside.


188 posted on 04/22/2006 12:50:01 PM PDT by Jrabbit (Scuse me??)
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To: pepperhead

Duke bought it in the fall with the specific intention of fixing it up and renting it to a family so as to avoid having students rent it. That was their strategy to reduce conflict with Trinity Park. The lax players had a prior lease for the current academic year which Duke honored. The funny thing is, by taking the houses nearest Duke off the student housing market they will only drive the rowdy students further off campus and into the community.


189 posted on 04/22/2006 12:50:13 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Dukie07

Thank god. They were rank when I moved in and they were only about 5 years old.


190 posted on 04/22/2006 12:52:30 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Dukie07

Fastest thing I could find googling..
"Duke University actually bought the house that the team captains lived in. Duke owns the house where this alleged gang rape occurred. They tried to buy several houses in the community and sell them to single families, who would agree to fix up the houses and live in the community so that the other residents in the community wouldn‘t have to continuously call police about drunken parties and all kinds of disorderly conduct."
http://www.msnbc.msn.com/id/12065692/

But it has been reported many times elsewhere, including on this site.


191 posted on 04/22/2006 12:53:05 PM PDT by Dukie07
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To: Locomotive Breath

Hey Duke mom and duke '79, Duke '85 here. Sorry about the Edens thing. I always wondered how the new dorms people could stand those buildings. Do either of you know if these guys are associated with a frat? Most of the Lacrosse players in my day were Sigma Chi which I think almost died after being moved with the Bozo's for various scandals. The Phi Delts are similarly depressed due to a move to new dorms (old new dorms). I would hate to see the lacrosse program die like certain frats. I have a couple of young lacrosse players myself and eventhough one couldn't hack Duke the other certainly could and I was hoping that might happen.


192 posted on 04/22/2006 12:56:09 PM PDT by RecallMoran (I do not consent to be bombed.)
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To: Locomotive Breath
They might own it but I doubt they can send their campus police down there and have any authority. Saying there was drinking on university-owned premise still doesn't sound right to me.
193 posted on 04/22/2006 12:57:08 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: GAgal

LOL...I thought a FReeper made that up.


194 posted on 04/22/2006 12:57:49 PM PDT by Krodg
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To: Neverforget01

THANK YOU! That's what I've been wondering.


195 posted on 04/22/2006 12:58:45 PM PDT by RecallMoran (I do not consent to be bombed.)
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To: Dukie07

So when there is a 911 call, do the campus cops show up?


196 posted on 04/22/2006 12:59:40 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead
The house was off-campus. Do you still think they own it?

Duke buying off-campus housing

But the home is part of the deal. In all, Duke paid nearly $4 million for a dozen houses in the Trinity Park and Trinity Heights neighborhoods. The houses will be fixed up a bit and sold to families willing to invest in and live in the homes. They will no longer be rented by students.

“There have been some tensions between students who live in some of those properties and neighbors over large parties and noise and whatever else,” said Duke University Senior Vice President John F. Burness.

Neighbors say they're sick of loud parties, litter, and beer cans and will welcome new home owners into the community with open arms.

“Having those properties occupied by students has really degraded the properties,” said Jennifer Mannelli.

197 posted on 04/22/2006 1:00:39 PM PDT by TexKat
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To: Locomotive Breath

Hate to leave, but got to get on with the day. I'm on the west coast and the day's half gone and I have an appt. in 2 hours and a dinner party in 4 hours and I'm never going to be ready!!! I look forward to checking in late tonight, tho. Always interesting to see what you all come up with!!


198 posted on 04/22/2006 1:00:45 PM PDT by Dukie07
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To: Neverforget01

Not only are they very very very liberal, Brodhead defended hosting a Palestinian terrorist recruitment speaker last year on the basis of "free speech". My husband, also Duke '85, was a liberal back then and took a class with McGovern. The best thing my dad ever said about me was, when asked what that liberal school did to his daughter's thought process, said "Seemed to have had the opposite effect." I ask if they are hosting terrorists every time they call us for money (which they will never get).


199 posted on 04/22/2006 1:03:28 PM PDT by RecallMoran (I do not consent to be bombed.)
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To: pepperhead
So when there is a 911 call, do the campus cops show up?

If you were actually following this case, then you would already know the answer to your above question.

Just think about it, who showed up at 610 Buchanan responding to the 911 call on March 14th?

200 posted on 04/22/2006 1:04:39 PM PDT by TexKat
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