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To: JLS

No, they're not. He has to have evidence that a crime was committed before he can go forward with a prosecution. The medical evidence must show there was a rape, not MAYBE there was a rape. The fact that Mangum was in male company, no matter whose, is certainly not proof a crime occurred. Mangum's stories contradict each other and conflict with other substantiated facts and witness statements, so her allegation cannot stand as OBJECTIVE evidence of a crime. Prosecutors and cops can investigate when they think a crime may have been committed, and should, but they cannot prosecute without objective and adequate evidence that a crime occurred. The only way Liefong moved this forward was by avoiding a real investigation and ramming through the indictments, which wasn't all that hard given NC's system, and since NC doesn't have a probable cause hearing process beyond that, Liefong has gotten to sustain the prosecution without having any sort of legally provable case. His case does not meet the legal standards for prosecution, but NC law permits him to go forward without examination of the elements of the crime and probable cause before a court.


506 posted on 10/13/2006 10:23:42 PM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: Jezebelle; SarahUSC

Sarah, I know there could be a problem putting all four together at the same time, but that goes to proving the case. I was asking Jezebelle as an investigator [or ex-investigtor] whether she viewed what Nifong has makes a prima facie case.

I did not think so, but wanted to see her opinion. As you know I am not an attorney nor an investigator, so I am not sure what it takes to make a prima facie case legally.


507 posted on 10/13/2006 11:24:44 PM PDT by JLS
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