DA's critics ask bar, feds to intervene (New DukeLax Developments)

And I hope he [Judge Smith} doesn't fail (himself, the legal profession, N. Carolina, and the three innocent victims of this hoax, who have been waiting nearly 10 months now for some judge to do the right thing).

You hit the nail on the head. And you have the order correct. The judge owes it to himself to be better this time than prior hearings. Maybe more important is the NC legal profession and judicial system needs a judge to step up. The state of NC needs this mess to end. And yes the defendant have a personal need, but the damage being done to them is not nearly as important as the greater damage Nifong is doing to NC and its legal system.

Of course that being the case and Smith being an NC judge, he will probably put his head in the sand.

From ABC 11--

(12/12/06 -- DURHAM) - There's a new twist in the Duke Lacrosse rape investigation.

North Carolina Congressman Walter Jones is asking for a federal probe into the prosecution of the three Duke athletes accused of raping a woman at an off-campus party.

Jones has sent a letter to U.S. Attorney General Alberto Gonzales asking him to review Durham District Attorney Mike Nifong's conduct in the case.

Jones believes Nifong may have committed prosecutorial misconduct and denied the students their civil rights.

Jones claims Nifong directed Durham police to violate suspect identification procedures and made prejudicial statements to the media including calling the players "hooligans."

The accused players: David Evans, Colin Finnerty and Reade Seligmann are expected to go on trial sometime next year.

http://abclocal.go.com/wtvd/story?section=triangle&id=4845066

Rep. Jones asks for Nifong investigation

By Joseph Neff, Staff Writer, N&O, Published: Dec 12, 2006 12:20 PM

A North Carolina Congressman has asked the U.S. Department of Justice to investigate Durham District Attorney Mike Nifong's handling of the Duke lacrosse case.

In a letter to Attorney General Alberto Gonzales, U.S. Rep. Walter B. Jones said Nifong may have engaged in prosecutorial misconduct and violated the civil rights of the three lacrosse players charged with raping an escort service dancer hired to dance at a team party in March.

The players have emphatically said they are innocent and have said the accusations are lies.

Three former players, Dave Evans, 23, of Bethesda, Md.; Collin Finnerty, 20, of Garden City, N.Y.; and Reade Seligmann, 20, of Essex Fells, N.J., are charged with rape, kidnapping and sexual offense.

Nifong has come under intense criticism for his handling of the case. Jones, a Farmville Republican, said he was concerned that Nifong directed the Durham Police Department to conduct a photo identification procedure that violated the department's guidelines.

Jones also complained that Nifong's numerous public statements in the early stages of the case prejudiced the community against the players.

"Mr. Nifong's statements ranged from labeling the Duke players hooligans' to falsely stating that they refused to cooperate with his investigation," Jones said.

Jones' letter apparently came in response to a letter from a defense lawyer for Finnerty. Michael Cornacchia of New York City had written to federal officials, senators and congressional representatives, including the entire North Carolina delegation, asking them to support a federal investigation into Nifong's actions.

Nifong declined to comment Tuesday.

http://www.newsobserver.com/1185/story/520626.html

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