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DA's statements, record at odds (DukeLax)
News & Observer ^ | June 15, 2006 | Joseph Neff

Posted on 06/15/2006 2:22:31 AM PDT by abb

In the early days of the Duke lacrosse rape case, Durham District Attorney Mike Nifong's public statements appear to have contradicted certain facts in his own files.

After an escort service dancer said three men raped her at a lacrosse party, Nifong talked frequently with national and local reporters -- 50 to 70 interviews consuming 40 hours of his time, Nifong estimated. Nifong then went quiet in early April, refusing most interview requests.

A comparison of his words with documents that Nifong gave defense lawyers show that Nifong made what appear to be misstatements about condom use, a purported struggle and a 911 call made by a second dancer, among other things.

Nifong said the assailants might have used condoms; the accuser told an emergency-room nurse none were used, according to a defense filing. Nifong described a violent attack in which the accuser was choked and struggled to breathe; the accuser told a nurse she wasn't choked, the filing said.

Defense lawyers have filed some of the documents in court and characterized others, such as the medical exam, in affidavits.

Nifong declined through an assistant to answer questions Wednesday.

"Either he knew what the facts were and misstated them, or he was making them up," said James Coleman, a Duke law professor who has publicly requested that Nifong remove himself from the case. "Whether he acted knowing they were false, or if he was reckless, it doesn't matter in the long run. This is the kind of stuff that causes the public to lose confidence in the justice system."

(Excerpt) Read more at newsobserver.com ...


TOPICS: Chit/Chat
KEYWORDS: dirtyrats; duke; dukelax; durham; durhamdirtbag; lacrosse; lyingliars; nifong
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To: Ken H

A better conclusion might be: Symptoms, signs etc.. associated with her business.


101 posted on 06/15/2006 1:51:16 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Sacajaweau

Maybe Kim saw those pics finally and tried to make her story match CGM's stance? :-)


102 posted on 06/15/2006 1:52:40 PM PDT by ltc8k6
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To: Ken H

I don't see how he is an expert in those matters. He's reaching conclusions that are left to a jury and THAT, he cannot do.


103 posted on 06/15/2006 1:53:03 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Sacajaweau

I think that Nifong made it clear to the police that he didn't want to "hear" anything about this case that didn't support the white on black vet/mother/student scenario. That would explain why he looks like such a dumb*ss.


104 posted on 06/15/2006 1:53:27 PM PDT by RecallMoran (Recall Brodhead)
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To: RecallMoran

March 31 on the Abrams report Nifong says he doesn't know who made the 911 call.

March 22 Kim writes out her statement saying she called 911.

Nifong probably didn't read it.


105 posted on 06/15/2006 2:00:25 PM PDT by ltc8k6
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To: abb

Smells to me like they are setting Nifong up for a charge of Prosecutorial misconduct. No notes, no back up, no basis for a sworn statement. Nifong had his eyes fixed on the PR prize of free on air time ahead of the election and to hell with justice and ethics.


106 posted on 06/15/2006 2:00:34 PM PDT by bjc (Check the data!!)
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To: bjc
"P.S. You handle, while probably accurate, is a real downer"

When you see several people get away with murder because the jury was not allowed to see all the facts in a case, sometimes the only way you can sleep at night is to tell yourself that a trial is not ultimate justice, it is just a process to decide who is dumb enough to get caught. In law school, the mantra of the mostly-uber-liberal professors was "it is better that a thousand guilty defendants are acquitted than one innocent defendant should be acquitted." That is fine if all you ever deal with is defendants, but when you deal with victims it seems to be very callous toward the rights of the truly innocent (victims). Still, the very protections that turn the thousand guilty defendants loose are the protections that will shield the Duke Lacrosse players. The thing that shocked me when I became a prosecutor was not how many times innocent people are accused, but how frequently the guilty escape punishment. Law is not justice and cannot be. It is a process, and I -as an insider - am confident that the system will prevent the Duke Lacrosse players from ever being convicted in this case. The evidence is simply not there.
107 posted on 06/15/2006 2:03:55 PM PDT by Law is not justice but process
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To: Sacajaweau
Was she fiddling in her purse??

She was looking for her spare batteries.

108 posted on 06/15/2006 2:04:28 PM PDT by TommyDale
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To: TommyDale

Or her jumper cables...


109 posted on 06/15/2006 2:04:57 PM PDT by TommyDale
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To: TommyDale

...or her vibrating cell phone.


110 posted on 06/15/2006 2:06:25 PM PDT by sissyjane (Don't be stuck on stupid!)
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To: ltc8k6

Right. I think he didn't read anything on purpose. He either wanted to say anything he wanted with impunity--"I never saw that report-I'm a busy man" or being familiar with him, they didn't supply him with info that ran contrary to his concept of the case (stupid-I know). Maybe he truly hasn't read anything because he is a dumb*ss but that seems far fetched. Or maybe he is delusional and remembers things differently than how they actually are. He is a democrat and you know they have issues with reality.


111 posted on 06/15/2006 2:06:49 PM PDT by RecallMoran (Recall Brodhead)
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To: ltc8k6

ASlight correction:

Nifong doesn't know and no one has come forward. Slightly bigger faux pas:

ABRAMS: Have you identified the person who made the 911-call?

NIFONG: Have I personally identified...

ABRAMS: Yes.

NIFONG: Do I know if the...

ABRAMS: Do you know who it is?

NIFONG: ... to my knowledge that—I do not.

ABRAMS: OK. So that person has not come forward to say I was the one who made the call.

NIFONG: To my knowledge, no one has done that yet.


112 posted on 06/15/2006 2:07:26 PM PDT by ltc8k6
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To: Law is not justice but process

Had it not been for the New Media, The Pajamhadeen, whatever you want to call it, these boys would be gone pecans. This case was and is an attempted lynching via the media. Had not the DukeLax parents not known how to work the PR angle, Nifong would never have been exposed.


113 posted on 06/15/2006 2:10:43 PM PDT by abb (If it Ain't Posted on FreeRepublic, it Ain't News)
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Abrams Report: Three good days in a row for Susan Filan. She's finally on board for real (I think!). Pam Bondi also seems to be on board finally-- trashing the case, and without the mitigating "buts". All hit Nifong hard on public statements that didn't match the evidence. They did bring up the misleading statements on the warrant as well.

Best of all, no Georgia Goslee or Norm Early!

114 posted on 06/15/2006 2:12:24 PM PDT by Ken H
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To: Law is not justice but process

Justice disappears when people can freely "lie" without consequences - that goes for defendants, attorneys, prosecutors and witnesses. I am sure that Nifong's "lies" will make your job that much harder.


115 posted on 06/15/2006 2:24:04 PM PDT by bjc (Check the data!!)
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To: abb

"The Pajamhadeen" - I love that!


116 posted on 06/15/2006 2:24:16 PM PDT by Dukie07
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To: Ken H

Thanks for the update; now that Abrams is gone I'd given up watching the show but may return to earlier viewing habits since the women aren't as rabid and are getting onboard.


117 posted on 06/15/2006 2:48:08 PM PDT by Peach (Iraq/AlQaeda relationship http://markeichenlaub.blogspot.com/2006/06/strategic-relationship-between.)
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To: GAgal
Haven't been to CTV, what's the consensus over there percentage-wise on guilt/innocence now?
118 posted on 06/15/2006 3:44:43 PM PDT by stands2reason (Rivers will run dry and mountains will crumble, but two wrongs will never make a right.)
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To: Protect the Bill of Rights

Remember back when the SANE report was Nifong's "silver bullet"?

Ahhh, the good old days... :-)


119 posted on 06/15/2006 3:46:51 PM PDT by stands2reason (Rivers will run dry and mountains will crumble, but two wrongs will never make a right.)
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To: OldFriend

So why haven't we heard from the NC legislators?

Where is the state Republican Party on this?


Helloooooooo......?


120 posted on 06/15/2006 3:49:22 PM PDT by stands2reason (Rivers will run dry and mountains will crumble, but two wrongs will never make a right.)
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