"The county or city should be liable for all defense legal fees after these statements were taken."
Agreed. In most jurisdictions, other than Durham, the District Attorney would never get personally involved in a case like this. He/she would want to be kept informed, but the police, the detectives, and the District Attorney investigators would be doing the investigation, with perhaps a lawyer from the DA's office giving advice and direction during key points of the investigation.
The problem is that Nifong is an elected official who became personally involved. And because he is an elected official, there is no one immediately above him to reign him in. Even if the officials of the City of Durham were unhappy with what he was doing, there was nothing they could do about it, and no one could stop him because he is autonomous. Nevertheless, his recklessness has exposed Durham to potentially catastrophically costly lawsuits, and he has exposed himself to potentially severely punitive disciplinary actions in future hearings regarding his own personal ethics and legal tactics.
Perhaps if something changed and the DA's position were appointive rather than elective then the officials could have more oversight. But then, favoritism and shenanigans then revert to the officials with the oversight. And any change might have to be made in the State laws regarding how District Attorneys are selected.
Is it any wonder that now, Nifong wants a gag order?
56 posted on 05/27/2006 6:31:27 AM PDT by Enterprise (The
"Nevertheless, his recklessness has exposed Durham to potentially catastrophically costly lawsuits, and he has exposed himself to potentially severely punitive disciplinary actions in future hearings regarding his own personal ethics and legal tactics."
Thanks for this info. I wasn't sure if this was possible.
Are you certain that Durham can be open to lawsuits?