Posted on 07/17/2006 2:08:51 PM PDT by Howlin
Every member of Duke University's men's lacrosse team is a potential witness in the case against three players charged with rape, Durham's lead prosecutor said Monday while arguing for access to their student ID card records. "We want to be able to confirm what they tell us about where they went afterward," District Attorney Mike Nifong said of the uncharged players.
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Titus also formally reaffirmed the state's rules governing trial publicity and disclosure of information to the public and the media. The order does not prevent attorneys in the case from talking publicly, but does prohibit statements that have a "substantial likelihood of materially prejudicing" the case. "The rules of professional responsibility require us to be very careful of what we say," said Wade Smith, one of Finnerty's attorneys. "We'll do that. We've been doing that. And we'll continue to do that."
(Excerpt) Read more at wral.com ...
Yeah, but I'm still getting very angry!
Duke bump
Is it just me, or are all the d***heads in the world really going crazy at the same time??
It's not just you.
That comment was outrageous. And Titus just sat there.
As for the circus or spectacle that Nifong seems to hate so much, his 70+ media interviews contributed enormously to it. He seems to have forgotten that one.
IMHO, the law here is trying to see just how far it can go in this venue....
I agree this is what has been in Nifong forever. It is must a matter of him now being the DA and thinking he does not answer to anyone.
Had to take son to the doctor. I can't believe I missed the "circus". Many thanks to all here for posting the relevant events and reports. It's much appreciated!
More commentary on this thread, too...
http://www.freerepublic.com/focus/f-chat/1664769/posts
It boggles the mind. I know tht Nifong is stunningly inept but is the same true for everyone around him ?
The right to a fair trial goes to the defendants, not to the State and not to the accuser.
Before "this court" takes "responsibility to ensure hat the defendants and the state proceed with the constitutionally guaranteed right to a fair trial by a jury free of partiality, bias or prejudice," it should take the time to learn the rationale underlying Rule 3.6 of Professional Conduct.
This case must remain under the full spotlight in public view. Invoking Rule 3.6 here isn't about balancing the defendants' right to a fair trial and the public right to know. Those two concepts are not in conflict here. Invoking this rule here under these circumstances is about protecting Nifong, the accuser, and the "integrity" of this legal process.
If it were up to the Durham Courthouse Crowd, this case wouold be conducted in a star chamber.
Titus seems to be cut from the same cloth as Judge Stephens in the first hearing - irritated with the defense, especially Osborn. At both hearings Osborn tried to have the judges compel Nifong to produce information, and both times they refused and appeared indignant at the insinuation that Nifong might not voluntarily follow the law.
It's as if they've followed the case by only watching Nancy Grace, and have noticed nothing out of the ordinary in Nifong's words or actions. I hoped today would offer a fresh start with a new judge, but alas, no. That's alarming, and imo makes it less likely Cheek will buck the entrenched system, campaign, and risk alienating powerful interests if he loses.
is this a prosecution or a persecution-by-media? will there even be a trial or will they just shoot them like arab terrorists would? Nifong: Terrorist?
Tortorism
Two men were driving through North Carolina when they got pulled over by a State Trooper. The cop walked up and tapped on the window with his nightstick. The driver rolled down the window and WHACK, the cop smacked him in the head with the nightstick.
"What was that for?" the driver asked.
"You're in North Carolina, son," the trooper answered. "When we pull you over in North Carolina, you better have your license ready by the time we get to your car."
"I'm sorry, officer," the driver said, "I'm not from around here."
The trooper runs a check on the guy's license--he's clean and gives the guy his license back. The trooper then walks around to the passenger side and taps on the window. The passenger rolls down the window and "WHACK," the trooper smacks him on the head with the nightstick.
"What"d you do that for?" the passenger demands.
"Just making your wish come true," replied the trooper.
"Making WHAT wish come true?" the passenger asked.
"Because I know your type," the trooper says, "Two miles down the road you're gonna turn to your buddy and say, 'I wish that jerk would've tried that crap with me!' "
I think there's no doubt the Crowd has circled the wagons and will try to protect itself. This very well could be why Nifong threw that cussfit a couple of months ago. He realized Cheshire & Co. wouldn't bluff.
I don't know this, but I suspect Cheshire is from a long line of respected lawyers in North Carolina. After all, his name is Joe Cheshire V. And I heard him make some comment once about his reputation in the legal community.
He is however, from Raleigh, not Durham.
Any of you locals know any scoop on this?
Titus makes me very nervous. His comments about Nifong following the law made me feel like passing out. And he managed to accomplish even less than Stephens was accomplishing. He basically put everything off.
I'm beginning to think that any judge in the Durham area will be bad news for the defense.
I seriously thought the judge had fallen asleep at one point. At the end of the hearing, he sounded irritated that he had to actually make a decision. At least he said his decision would likely be on Friday at 9:30 am.
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