I'm optimistic about this news. And considering the timing, I think that this is "the deal" that allowed Cheek to drop out of the race. Heck! The story is a side bar to Nifong's reaction to Cheek's announcement that he would not run. Don't tell me that this isn't related!
And really! Why did Nifong even have to have a news conference? Think about it. Nifong is the sole candidate on the ballot, then enoough signatures are collected to place Cheek, a Democrat, on the ballot (and to keep GOP Monks off of it), then Cheek decides not to run for some lame excuse, and Nifong holds a news conference and releases a statement. Is this bizarre or what?
Cheek's platform was the appointment of a special prosecutor. He didn't get quite that much to drop out of the race (which I'm convinced that he never wanted to run, but the entire matter had to be contained by the local Democrats), but he did get a judge who would not be beholden to the Durham voters.
And this comes right before the third setting when all of those dispositive motions are going to be heard. And the third setting is before the Duke students are back. I wouldn't be surprised if the case is gone before Labor Day.
It strikes me that the only purpose for Nifong to have that news conference was to assure his black constituency that he still believes in this case. But out of the other side of his mouth, Nifong is talking about mistakes and lack of evidence. By appointing an out-of-Durham official to make the call and take the heat, Nifong gets out of this mess and keeps his office.
Sorry that was long.
It's definitely good news, MM. It would be interesting to learn who/what/where/when the negotiations took place...
http://www.newsobserver.com/102/story/465647.html
"Instead of monthly court hearings being set, a single judge, who would be appointed by state judicial officials, would decide when to hear motions or call the parties into court, Shuart said."
Nifong will be absolutely shredded by a non-Durham judge! The lineups/arrays are likely to be tossed, if the single judge has any merit.
Mad-Margaret, your observations may be right.
I respectfully disagree.
Nifong doesn't want out. Nifong WANTS this. Nifong still is swinging for the fences (a home run).
He is vindicated and becomes very famous and popular in Durham.
On the "out of Durham official," do we know that this person will be out of Durham AND won't be a Judge from the same pool or District be assigned (like Judge Stephens).
I was thinking that this State official will appoint one of the guys that's in that Durham circuit, but he will remain on the Duke case for some issues.
The Defense lawyers may have felt pressured to agree. After all, read their comments on the "Quasi-gag-order" from Titus in the day or two surrounding that order. They were happy, it won't affect them in anyway, we have no problem at all with it. 4 days later they file a motion asking that that Quasi gag-order be lifted or reversed.
The State or someone in power has way of persuading you to agree, when you realize you don't have any choice - really.
What was the alternative - Have Nifong do all the scheduling?