Durham Police Begin Probe Of Alleged Assault At Raleigh Bar (Investigators under investigation)

WRAL.com ^ | July 22, 2006 | WRAL .com

[TommyDale]

DURHAM, N.C. -- Officials say they are investigating an alleged assault involving Durham police officers outside a Raleigh bar.

[Mike Nifong]

Can I do a love ...

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Finally some payoff for all the long nights you've put in.

Can't hurt to ask !

[bjc]

So when does Titus' gag order on the Duke players get reviewed?

[bjc]

My read as well. Given that Titus grossly over-reached is he likely to back down or will they have to appeal?

[Locomotive Breath]

I think maggief left. We musta' creeped her out. Sorry maggief.

[Mike Nifong]

She can't stay away from this story!

It's like watching a Train Wreck.

And, I'd take it all as a compliment. LOL !

[Jane Austen]

It is my understanding that the order not to investigate Jesse Jackson came from a higher source outside of IRS or its director even though Bill O'Reilly and others asked for one. In the Durham case, there is a possibility the IRS will get involved if a fuss is raised.

[Jane Austen]

I wonder if anybody has emailed them to the tabloids?

[JLS]

By Michael J. Gaynor

The Duke Three Should Be Judged Individually, Not Collectively

He may get his wish in a way he does not want. I could see a jury split the difference and convict Evans due to the DNA no match and acquit Finerty and Seligmann.

These three are being tried together because it is alledged they acted together. But that is the verdict I most worry about in this case.

[abb]

LOL!! Ruth has a sense of humor it appears...

http://blogs.newsobserver.com/ruth/index.php?title=wanted_dead_or_alive&more=1&c=1&tb=1&pb=1#comments

[Locomotive Breath]

That's only because her photo is not on the poster as it rightfully should be.

[abb]

ROFLMAO!! Good one!!

[ltc8k6]

I gave the CTV posters a way to get CGM's DOC records in the Kim Robert's Parole Violation thread.

Let's see if I get busted for it.

I didn't use her name on the board, so I should be okay.

They will hav eto figure out what I mean, though.

[Mad-Margaret]

I still want to know where Titus got the authority to issue the order -- especially with respect to the witnesses.

He takes judicial notice of the "facts" in a generalized statement about the "extensive news coverage"; he makes no findings about any improprities; in his conclusions of law, he states that counsel are "duly bound by law to limit any communication with the news media to the subjects specifically permitted by Rule 3.6";

and then, in a leap of reasoning, he restrains and enjoins any witnesses "from communicating with the news media concerning the above-entitled criminal action except as specifically permitted by the provisions of Rule 3.6."

How did he do that?

Notice this line in paragraph 4 of the findings: "No less restrictive alternative is available." That may explain why Titus didn't issue a gag order. Perhaps gag orders are not available for judges in these three administrative settings. Maybe only the trial judge can issue a gag order.

One thing is for certain. The Powers That Be in Durham are doing everything possible to contain and control this case.

Sunlight is the best disinfectant and they want to keep this procceding in a dark, dank star chamber.

[abb]

Sunlight is the best disinfectant and they want to keep this procceding in a dark, dank star chamber.

And we're the sun, the stars and the moon...

[JLS]

He takes judicial notice of the "facts" in a generalized statement about the "extensive news coverage"; he makes no findings about any improprities;

He wants to have his cake and eat it too. He wants to say we are at the brink of prejudicing a fair trial. If he went one step further, he would assure a change of venue motion would have to be granted. He is twisting himself into a pretzel to avoid that.

[Mad-Margaret]

But the Sixth Amendment right to a fair trial goes to the defendants. If the defendants aren't complaining, why is the judge acting sua sponte and invoking Rule 3.6?

And why aren't any of the talking heads with law degrees questioning the judge's authority to apply a professional conduct rule to non-attorneys?

[jennyd]

Too late to close the barn door now. The cow is already gone.

[CondorFlight]

"But the Sixth Amendment right to a fair trial goes to the defendants."

but as interpreted in modern times, this applies only to defendants who are not white preppie kids, in which case there shall be no speedy trial, no change of venue,
no free access to the press, no right to freedom from search and siezure without warrant, no right to counsel present at interrogation, no right to prompt discovery, and no right to an impartial judge and jury.

Other than that, the 6th amendment still applies.

And if you don't think that's an accurate appraisal,
just look to Durham.
(There's one for the appendix or a footnote in all new editions of law textbooks in the chapter on the 6th amendement)

[abb]

Chapter 1: The Water Buffalo Affair
http://www.shadowuniv.com/excerpts-wb1.html
http://www.upenn.edu/gazette/0503/hackney5.html

Houston Baker, late of Duke, was all in the middle of this golden oldie. See second link...

[abb]

New...

Internal Police Probe A 'Black Cloud' For Durham PD, City Manager Says
http://www.wral.com/news/9574711/detail.html