DA's statements, record at odds (DukeLax)

News & Observer ^ | June 15, 2006 | Joseph Neff

[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."

[Fido969]

All I can related to is my own experience. In my case, my then soon-to-be-ex wife accused me of abusing her and the children. It was a ludicrous charge - it was based on an incident where she assaulted me, and I called a cop to observe the action in order to protect myself. The judge who gave the order brags about his award from the local feminist "family crisis services" domestic violence organization.

Politics before law, indeed.

Never mind that I called the cops, had a recored police call, the testimony of the cop on the scene, etc, it still dragged me through the mud for years - during which time I lost custody of my kids.

When the situation was FINALLY cleared, which too way too long, I lugged all the evidence over to the DA's office and handed the "false swearing" case to him on a silver platter.

He just laughed at me.

Anyway, my kids did poorly with mom, missing tons of school, not doing any school work, and suffering from a lot of anger and bitterness over being kidnapped by mom and moved far away.

Eventually I figured out that I was stupid to rely on lawyers and judges to protect my kids. I moved 80 miles and have been commuting 3 hours round trip from the last 7 years in order to be in their lives. I now have a superlative relationship with them, although the financial and physical toll over the last few years on me has been exhausting.

All the involvement of the courts and "justice" system was to do great damage to my kids - damage that they are still suffering from.

Was this a "big" case? It was the most important thing that happened to me and my kids' lives. Did the justice "system" fall down on their responsibility? Yes, big time. It is a farce.

The Duke case just highlights what everyone else knows.

So, is the legal system working to protect the public? From what I can see the real criminals can manipulate it just fine. Law abiding citizens that fall into it get destroyed.

And are our streets safer? Well, we spend more and more on the court system - and I don't think we have had the smallest effect on criminality. It thrives and grows everyday. We have an entire generation of inner-city kids who know only crime and welfare.

I have had conversations with many, MNAY people who work the system everyday. they are so involved in the the "process" from the inside, they don't see that from the outside it looks like a lunatic asylum.

So, as a law abiding citizen - the court system doesn't protect me one bit. And should I happen to wander into its clutches, it can destroy me.

Now my "justice system" is a .38 on my bed-stand. At least I have confidence in that.

[JLS]

Post 160 was the end of the Gretta panel. She moved on to adults having sex in Texas.

[JLS]

Yep, I am not sure if there is evidence that women vote on such issues for DA, but men need to call DAs on favoring women and vote to rebalance the scales of justice.

BTW, at some point in US history if you got divorced children ordinarrily went to their father. Some economist think one of the reasons for this is it cause both mothers and father to work harder to make their marriages work because women do not like to lose their children generally and men feel kids cramp their life-style and fathers feel less well equipped to take care of children without a mother.

[ltc8k6]

True, but no one checked her ID. Shelton only knew her as Nikki. Also, Shelton doesn't write his handwritten report until about a month later. Check the date on it.

[Fido969]

Well, I don't know about that. All I know is my own experience.

This situation with Nifong is not unusual at all. Without the glaring publicity, those boys would have been railroaded.

For the tens or hundreds of thousands of innocent men who don't have a boatload on money and the attention of the press - they just get run over by the thing.

Why do you think this case touched such a nerve?

It is because it exposes the dirty little secret of America's courts that everyone knows about, but no one is allowed to talk about.

Is it an "unusual" event? Look at the many, many people who INSTANTLY saw it for the sham it was.

This is a common incident, and one that anyone who has been paying attention to what is happening around them - like FReepers, knows these things happen every day.

Anyway, if the judges, DAs and lawyers want to restore confidence in the court system - then they need to do the right thing. If they just hang Nifong and then say - "There - see the system DOES work!" they will impress very, very few people indeed. A lot of damage has been done to the credibility of the courts. And, I am sorry to say that there is no quick fix - it will take a long time to restore that again - time of acting fairly and honestly - by applying the law in court - rather than a political solution.

And if they don't want to do what it takes to fix the courts and restore confidence in them, well, that's fine with me too. Now I know how to take care of myself and my family. And it doesn't involve them at all.

[Protect the Bill of Rights]

We need to start a thread "Our favorite Nifong Whoppers"

AH, so many.

The one I never will forget is how Seligman (think it was him) stood BEHIND AV with his arm around her neck, strangling her while forcing her to perform oral sex (on him) and making cell phone calls.

Sounded impossible then and still does, but Nifong said it could be done.(Hey, wonder how he knows that?)

Durham, this is your DA.

[ltc8k6]

The one about defense lawyers not wanting to take him on.

The one about knowing more about the case than anybody.

[JLS]

This situation with Nifong is not unusual at all. Without the glaring publicity, those boys would have been railroaded.

I do not think so. I htink without the publicity more people would forever think they are guilty. I think the IDs will eventually be thrown out and the case publicity or not would not get to trial. Money gets them a good defense whether or not the get the publicity to make the public view them as innocent.

Some here think without money they would be railroaded. Of course without money, ie money and priveledge, they would probably not have been charged. But even if they were charged, a decent public defender wins this case. You just worry more, if you have to depend on a public defender.

[Fido969]

But even if they were charged, a decent public defender wins this case.

You think so? How much money do you think the defense has spent on private investigators, legal staff, document review, cross-checking and motion-writing so far? We are certainly into six figures.

And that is for three innocent guys.

[Fido969]

I just wanted to touch on this statement.

As proof of that statement, look at the conviction rate for murder: only about 60 to 65% of murders ever result in a conviction. That is despite all the best efforts of the police and prosecutors to hold someone responsible in the most important of all classes of criminal cases

It is amazing to me that I can have my kids stripped from me by an absurd accusation, three innocent college kids can have their lives torn apart by the lies of a drunk hooker, but murderers get away a third to a half of the time.

I don't feel much safer.

[GAgal]

Here's a good place to start: "Mike Nifong the Liar"

http://johnsville.blogspot.com/2006/06/duke-lacrosse-scandal-mike-nifong-liar.html

[JLS]

Here is an interesting column from the Duke student newspaper:

http://media.www.dukechronicle.com/media/storage/paper884/news/2006/06/15/Columns/Apologies.Necessary-2087398.shtml?sourcedomain=www.dukechronicle.com&MIIHost=media.collegepublisher.com

[darbymcgill]

Great article.... but..

[Mike Nifong]

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.
;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
I disagree. I think Nifong is getting mileage out of this uninformed or unaware stuff.

At that time, Nifong was riding a wave of Media interviews - he was a star and the networks were playing the tape with the "N" word every five minutes. In my opinion, he wasn't going to stop that by announcing it was NOT another party corroborating the attitude and behavior of the player's that night. If Nifong answers truthfully at that point, all the damaging media coverage (damaging to players) turns and the speculation in the media becomes - was it planned?; was it a setup?; and, of course, Kim's ID comes out with all her history and warrants and favorable deals.

Nifong wasn't about to sabotage that wave he and his case were riding. This was his 15 minutes. He was being hailed as a hero in some circles.

[abb]

Fresh news articles from the Durham HeraldSun:

Lawyers: DA jumped gun on info
http://www.herald-sun.com/durham/4-744694.html

Lacrosse lawyer wants apology for poster
http://www.herald-sun.com/durham/4-744670.html

Locke Foundation head under fire over Duke lacrosse case
http://www.herald-sun.com/durham/4-744669.html

Nifong's campaign mangager switches support to Cheek
http://www.herald-sun.com/durham/4-744710.html

[abb]

Another one here:

Nifong's words prompt filing
http://www.newsobserver.com/122/story/451302.html

[cherry]

maybe the pills were viagra.......

but you know what....it makes little differance what the pills were....the stripper didn't get tested for anything and you can't pin drugging on the Duke players if there is no evidence of anyone actually being drugged......

[Mike Nifong]

WOW thanks abb

[cherry]

here's a question for you....isn't it part of the DA's job and responsibility to go after cases that he can actually prove or at least has a chance to prove....

shouldn't a good DA take a witness aside and say something like...." Missy, there is no DNA, there are no injuries, you didn't even pick out the guys properly, you didn't say you were raped until much later and you also claimed that the other Whore helped rape you as well.....if I take this to trial, you WILL be crucified on the stand, and I WILL put you on the stand....now, do you still want to go on with this?

[cherry]

interesting that the traumatized rape victim with the fuzzy thinking who couldn't exactly say how many people "raped" her and couldn't exactly say who "raped" her until several looks at LAX posters, and who was fuzzy on alot of details, still was able to tell police EXACTLY HOW MUCH MONEY WAS MISSING........LOL ....almost too funny for words if it wasn't so pathetic....