DA on the spot for comments

Raleigh News &Observer ^ | April 22, 2006 | Michael Biesecker, Benjamin Niolet and Joseph Neff

[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.

[eazdzit]

Here is an excerpt, from this site:

At 1:58 a.m., Ryan McFadyen, a lacrosse player from Mendham, N.J., sent an e-mail message from his Duke dorm, according to a search warrant affidavit.

"To whom it may concern," the message read, "tommrow night, after tonights show, ive decided to have some strippers over to edens 2c. all are welcome.. however there will be no nudity." The message said that he would kill the strippers and cut their skin off for sexual gratification "in my duke issue spandex." The message was signed "41," his jersey number.

Duke's president canceled the team's season and accepted the coach's resignation after the authorities disclosed the e-mail message.

:)Easy Does It:)

[ladyjane]

That turned out to be a quote from a movie.

[eazdzit]

So he doesn't have an imagination. It still looks like he expressed cause and effect. What had happened made him feel like killing.

:)Easy Does It:)