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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: abb
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.

Oh puhleeze, LOL! Escort service dancer? Guess those militant blacks scared the newspaper into their politically correct place.

201 posted on 04/22/2006 1:08:46 PM PDT by demkicker (democrats and terrorists are familiar bedfellows)
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To: TexKat
I don't know? Assuming they didn't sign a new lease I don't see how they university would have any say on whether or not a party is happening in house. Did the players sign a new lease?
202 posted on 04/22/2006 1:09:31 PM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: TexKat

Tex and everyone. Sorry I've been gone today, but been visting my 91 yr. old widowec mom today.

Anyway, was the NYT article the only other major paper to write anything besides the N&O?


203 posted on 04/22/2006 1:09:49 PM PDT by abb (Because News Reporting is too important to be left to the Journalists.)
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To: Fido969

Sorry I have to ask: Who is Ruthie Sheehan? (forgive my ignorance). GREAT letter


204 posted on 04/22/2006 1:10:51 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Fido969
Fido,

Please learn to use the 'reply to' option when you want to respond, otherwise people will actually believe your tag line.

186 posted on 04/22/2006 3:48:27 PM EDT by Fido969 (It's all about ME)

205 posted on 04/22/2006 1:13:15 PM PDT by Krodg
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To: TexKat
Neighbors say they're sick of loud parties, litter, and beer cans and will welcome new home owners into the community with open arms

And here I thought it was just the culture of the lacrosse team that was so out of hand !!! ;-)

206 posted on 04/22/2006 1:14:55 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Jeff Chandler; Enterprise

Who hired them? Little green men from Mars? If you hire them, what does that make you?


207 posted on 04/22/2006 1:15:48 PM PDT by txrangerette ("We are fighting al-Qaeda, NOT Aunt Sadie"...Dick Cheney commenting on the wiretaps!!)
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To: txrangerette
Who hired them? Little green men from Mars? If you hire them, what does that make you?

Guys? Ever hear of stag parties? Lots hire them...Someone mentioned there were 31 services in Durham alone..

208 posted on 04/22/2006 1:18:53 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: Krodg; Neverforget01
Krodg, don't understand what you are saying here. These three posts are linked together, the first my original post to get her attention, then her reply and my response.

There was another note from her to me - a quick reply that kind of said: "You nontrivial - I feel sorry for any women that would have to put up with the likes of you!" or something like that - the usual feminist "you're a pig!" clever reply. But I guess she had second thoughts on that - and then she sent me the note that referenced her "joke".

Neverforget01: Ruth Sheehan is a writer with the local Durham paper, generally considered to be so pro-feminist she's anti-male. Others could tell you about her.
209 posted on 04/22/2006 1:21:05 PM PDT by Fido969 (It's all about ME)
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To: Dukie07

" Duke owns the house where this alleged gang rape occurred."

if/then:

Potential liability could have easily been a major consideration in the administrations treatment/abandonment of the team and coach....


210 posted on 04/22/2006 1:24:30 PM PDT by Vn_survivor_67-68
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To: TexKat

Thanks for the ping.....Ha, they should have asked Freepers...


211 posted on 04/22/2006 1:26:42 PM PDT by mystery-ak (Army Wife and Army Mother.....toughest job in the military)
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To: RecallMoran
Old home week follows. The rest of you may ignore.

Well I feel old now : )
I'm an engineer (but not a train driver) and my wife's nursing also '79
Does that intersect either of your parents?

I didn't mind Edens that much. They were AIR-CONDITIONED which the rest of the campus, at that time, was not.

I'm not sure if the lax players really favor any given frat but I have heard about 4th hand that at least some are SAEs.

All us alums need to bombard Brodhead asking that he correct what is now appearing, more and more, as a great injustice. My wife and I have both written. Your family needs to do so too.

I continue to thank my lucky stars that I'm not attending during this PC era. If you think the Cameron Crazies are nuts now, you should have been there before universal TV coverage forced them to clean up their act. And that was in support of a team that generally lost except for that magical '78 Cinderella team that went to the national championship. If you don't know yourself, ask your parents to contine the lyrics to "Ring-a-ding ding ding ding...". They may be too embarassed to tell you and I'm not sure I'd even put them on FreeRepublic. Sung at evey B'ball game.

212 posted on 04/22/2006 1:26:58 PM PDT by Locomotive Breath (In the shuffling madness)
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To: abb
Anyway, was the NYT article the only other major paper to write anything besides the N&O?Yes I believe so abb.
213 posted on 04/22/2006 1:29:38 PM PDT by TexKat
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To: RecallMoran

"I ask if they are hosting terrorists every time they call us for money (which they will never get)."

They quit calling me for donations years ago. Ever since Keohane extended benefits to gay "partners" I tell the poor
Undergrads that call that I will not give $ as long as the liberal policies are in place. Looks like I'm never going to be giving them any money, doesn't it?

I think Brodhead should be held accountable for this, as well. The first letter he sent out went on at great length about rape and white racism. Rather quick to throw the whole team to the wolves, wasn't he?

BTW, I tell everyone I know who's considering Duke for their children that they'd be better off going elsewhere. I know my kids will be.


214 posted on 04/22/2006 1:29:47 PM PDT by Gwaihir (Duke, Class of '86)
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To: pepperhead
Well, you know, you've hit an interesting question. I don't know either what authority Duke Public Safety has on Duke-owned property that is not officially on campus. Come to think of it, I'm really not sure what true legal authority they have on campus.
215 posted on 04/22/2006 1:29:54 PM PDT by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

CNN's story today on this issue mentioned that since Duke is private, due process doesn't apply. This was on their broadcast after lunch today. Don't recall exactly what time. I'll look on their site to see if a transcript extists...


216 posted on 04/22/2006 1:30:17 PM PDT by abb (Because News Reporting is too important to be left to the Journalists.)
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To: Neverforget01
Does Crystal have teeth?

Apparently not. Didn't you see them listed on one of Nifong's search warrants? : )

217 posted on 04/22/2006 1:32:35 PM PDT by Locomotive Breath (In the shuffling madness)
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To: All
Delbarton's response was immediate and courageous in my opinion (Reade Seligmann and Ryan McFayden's alma mater--as well as three other players'):

"Knowing Reade Seligmann as well as we do here at Delbarton, I believe him innocent of the charges," said the Rev. Luke L. Travers.The hearts and prayers of our community go out to Reade and his family, the woman who made the accusations, the players on the Duke lacrosse team and all their families."

218 posted on 04/22/2006 1:36:55 PM PDT by Neverforget01 (Proud enemy of the drive-by-media)
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To: TexKat

Sounds like a real university friendly place. Isn't most housing around a college campus....college students?


219 posted on 04/22/2006 1:38:31 PM PDT by Jrabbit (Scuse me??)
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To: pepperhead
I don't know? Assuming they didn't sign a new lease I don't see how they university would have any say on whether or not a party is happening in house. Did the players sign a new lease?

Google is your friend.

For your line of questioning I refer you to Duke University Admin and/or Housing offices. Duke Community Housing

Perhaps they can assist you.

But if I was to assume, my assumption would be yes a lease would have had to be signed.

220 posted on 04/22/2006 1:39:13 PM PDT by TexKat
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