Posted on 05/27/2006 5:24:47 AM PDT by Mr. Brightside
Hey, why would anyone flame you? Unlike the NY Times, CBS, ABC, etc., you clearly stated you posted unconfirmed rumor.
"5. EVERYBODY signs a mutual release from future lawsuits and agrees to super-high liquidated damages if they talk or write about the case."
This is the part I don't like. I would like to see Nifong punished and damages for the falsely accused.
Keep us posted on any new developments, won't you?
There have been any number of successful lawsuits over the years against Federal, State, or local Governments in which a citizen or citizens have been harmed in some manner. Nifong might be personally immune from monetary damages, but the Government is not always immune when injustices are done to the citizens. Personally, I believe that Durham, and maybe even Duke University, have incurred liability because of the statements or the actions of Nifong or Brodhead, and they are now exposed to huge monetary damages because of those actions or statements.
I have thought for awhile now that Nifong would do his best to make this case go away--quietly--now that the election is over.
However, as to your last paragraph--the New Black Panther rhetoric hasn't subsided. They're still "outraged" that "their" women are still being raped by white men, yada yada. I am not confident that they will be willing to let this one go.
"Personally, I believe that Durham, and maybe even Duke University, have incurred liability because of the statements or the actions of Nifong or Brodhead,
I do too.
"and they are now exposed to huge monetary damages because of those actions or statements."
Good.
Thank you for the info.
You're welcome :)
I am not a lawyer, but I did sleep at a Holiday Inn Express last night.
That is so good it needed repeating.
HA!!! Good one.
Was she ever drug tested while in hospital ?
#5 just doesn't make sense. The boys have all the leverage since this case will never go to trial. The should force the DA to resign in lieu of filing suit against him and the county.
These are all cases where crooked agents of the state either lied, manufactured evidence or otherwise conspired to intentionally frame someone they knew was innocent. Believing an unbelievable story of rape, a story which in itself will sustain probable cause for arrest if testified to under oath, is not actionable conduct. A prosecutor has that discretion by law and he even used a grand jury in this case. Further, a Judge found probable cause to hold the defendants on bail. The prosecutor and the County are covered here unless someone shows demonstable illegal conduct on the part of the prosecutor or police. This is what makes prosecutor power so dangerous in the wrong hands.
These guys will most assuredly walk--but not before they've had their reputations permanently besmirched and paid out their parents' life's savings in attorney fees.
Gone way to far for this, the defendants will never sign and will go to trial first.The boys have had to go home and lose a year of college.Somebody is going to pay, and it will be the taxpayers of Durham.Malicious prosecution is a likely guess on a suite for damages.
For the $400K bail, you have to pay 10% to the bail bondsman, which you do NOT get back, so they're out 40K up front EACH. Their defense lawyer costs will probably cost their parents their homes. This is all REGARDLESS of if the verdict is not guilty, or if the charges are quietly dropped before prosecution.
NiFong is probably offering them a plea bargain that will avoid the trail, and associated costs. The kids will be stupid to take it, because pleading guilty in the criminal case will wipe them out in the ensuing civil suit
How about putting this dum-ass prosecuter in jail for life!
In a just world, you are correct. My sense from the conversation was that the LAX players want to clear their names, graduate and get as far from Durham as they can ASAP.
I have sued a few folks for truly egregious behavior and it really costs a lot of money and time and it eats at your gut 24/7.
"I wish the investigation would just drop the Duke students entirely."
You realize that anything less than a guilty conviction and harsh jail terms on ALL Duke players will result in violence by the hyped up black community!?.
At this point, I almost hope the charges *aren't* dropped and it goes to trial, for the boys sakes. All of the evidence needs to be brought out in a court of law with the cameras rolling so that there isn't a shadow of a doubt that they're innocent and so that they can reclaim their lives and reputations.
And it needs to happen now, not next fall.
Nifong needs this case to wrap up after the elections in November...otherwise...people might not want to vote for him (although there is virtually no one running against the guy). I think he already considers this a lost cause...and is just doing it for local press coverage now. The more national media that shows up...the worse the situation gets...because they tend to ask more questions than the local guys...and follow leads.
"it is obvious to everyone except Nifong"
And the black panther party and to jesse jackson(who are hoping she made the whole thing up just to get back at the "man". Don't you wonder why jackson said he'll pay for her education whether it happened or not?
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