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Nifong to give up more documents to defense (DukeLax)
Durham Herald-Sun ^ | October 27, 2006 | John Stevenson

Posted on 10/27/2006 5:00:15 AM PDT by abb

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To: abb

Monks counts himself in for DA

By John Stevenson, The Herald-Sun
October 28, 2006 12:09 am

DURHAM -- Write-in district attorney candidate Steve Monks offered hypothetical statistics Friday to show he might be able to pull more votes in the Nov. 7 election than current chief prosecutor Mike Nifong or County Commissioner Lewis Cheek.

If Cheek threw his support behind Monks, then Monks might capture 52 percent of the ballots compared with Nifong's 46 percent, the statistics indicated.

For such a result to actually occur, Monks would have to get a quarter of the votes that otherwise would have gone to Cheek, he conceded.

In addition, Monks said he would need to draw 15 percent of undecided voters while Nifong drew only 10 percent.

Monks presented the hypothetical situation during a news conference aimed at consolidating two anti-Nifong camps -- his and Cheeks' -- into one.

The oust-Nifong factions are motivated largely by dissatisfaction over his handling of the Duke University lacrosse rape case.

"I have concluded that it is improbable that either Lewis Cheek or I will prevail if both of us stay in the race," Monks said. "The only real question is, who should withdraw?"

Monks said he would step aside if it could be established that Cheek had a better chance of drawing more votes, and if Cheek would promise to serve if elected.

But Cheek, whose name will be on the ballot anyway, has said he would not take the district attorney's job because of responsibilities to his law partners and employees. In an interview this week, he vowed not to change his mind.

So if Cheek won the election, the governor would have to appoint a replacement for him.

"I would not have undertaken this write-in campaign had Mr. Cheek agreed to serve if elected, and I will still withdraw my candidacy if Mr. Cheek publicly agrees to serve if elected," Monks said.

"The idea of 'vote Cheek -- recall Nifong' is interesting," he added. "However, it is unpalatable to me and many other Durham voters. People are very conflicted. Many want to replace the current DA, but they don't want the governor to appoint their DA. They want to vote for their DA."

Monks, a Houston native who has lived in Durham four years, is chairman of the local Republican Party but is running for office on an unaffiliated basis.

A recently released WRAL/News & Observer poll of 600 likely voters showed him at the bottom of the three-way pack, with only 2 percent of the ballots. The same poll gave Nifong 46 percent and Cheek 28 percent, with 24 percent of the people surveyed undecided.

But Monks on Friday unveiled another poll of 1,000 likely voters that he said was conducted by John L. Barker Strategies of Union County.

That poll, reportedly finished before Monks began a media campaign, showed Nifong with 27 percent of the votes, Cheek with 25 percent and Monks with 22 percent. Twenty-six percent of the people surveyed were undecided.

"If the real objective of the Cheek campaign is to replace Mr. Nifong, they will withdraw and support my campaign ...," said Monks. "It is exceedingly important to replace Mr. Nifong. There is reason to get together and unite."

But leaders of the Cheek movement were having nothing of it Friday.

Jackie Brown, a Cheek consultant, said she was so put off by Monks' remarks that she canceled a meeting between the two camps that had been scheduled for Friday afternoon.

"Any further discussions are meaningless," she said.

Beth Brewer, chairperson for the Cheek faction, agreed.

"We're staying right where we are," she said. "I don't think Steve Monks can win. I don't think his campaign will do what our campaign is designed to do."

According to Brewer, too much has been made of the fact that a vote for Cheek would be a vote for an unknown, since Cheek won't serve.

"I believe our governor would not appoint someone who would disappoint us or embarrass him," she said.

Brewer also blasted Monks' hypothetical statistics as meaningless.

"I'm an accountant," she said. "Anybody can go through the numbers and come up with any numbers they want."
URL for this article: http://www.heraldsun.com/durham/4-782629.html


161 posted on 10/28/2006 2:43:03 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb
Nifong said if he talked to a witness, he could risk becoming a witness in the case himself.

Astouding.

And to believe that he did call her to ask her about the Ecstasy and never asked her about the rape is incredulously preposterous.

He is insane. And I am serious. He has a personality disorder, IMO.

162 posted on 10/28/2006 3:21:57 AM PDT by Howlin (Why Won't Nancy Pelosi Let Louis Freeh Investigate the Page Scandal?)
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To: xoxoxox; Protect the Bill of Rights

I am hard pressed to believe that the citizens of Durham are going to AFFIRM this DA come Election Day.

If they do, in the face of ALL the things we have read and seen published, maybe what people say about Durham is true.


163 posted on 10/28/2006 3:25:58 AM PDT by Howlin (Why Won't Nancy Pelosi Let Louis Freeh Investigate the Page Scandal?)
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To: Howlin

It's ridiculous to say that if you talk to a defendant and he tells you he's innocent you can be called as a witness. First of all, the fact that a defendant tells someone he's innocent isn't evidence. The jury already knows the defendant is claiming he's innocent otherwise there wouldn't be a trial.

Second, discussions between DAs, defense lawyers and defendants go on all the time. For example, plea bargaining is common - even during a trial. According to Nifong one side could call the other - for example the defense could call a prosecutor to the stand and make him tell the jury he offered the defendant a lesser charge. Or the prosecutor could call the defense lawyer to say that he had his client think about pleading guilty to a lesser charge. All plea negotiations are impossible in Nifong's world. The fact is that these conversations go on all the time and they aren't admissable in front of a jury for public policy reasons. The system wants to facilitate cooperation and communication between lawyers.


164 posted on 10/28/2006 3:37:53 AM PDT by SarahUSC
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To: xoxoxox

"I've had conversations with (the accuser) about her seeing her kids," District Attorney Mike Nifong said."

This is a fascinating statement. Think about it.


165 posted on 10/28/2006 3:54:42 AM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: ltc8k6

Yeah, it's comical. Liefong has been the lead investigator almost since the case began, but he's never spoken to the start witness.

Okay. Sure.


166 posted on 10/28/2006 3:58:42 AM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: Locomotive Breath

Maybe the Durham natives whose jobs disappeared due to the changing face of industry there should have learned some new skills instead of just standing there like a deer in the headlights watching it happen.


167 posted on 10/28/2006 4:13:06 AM PDT by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: abb; All

Video:


http://www.cbsnews.com/sections/i_video/main500251.shtml?id=2134726n


Duke Rape Case Update
H.P. Thomas, an ex-manager at a strip club where the accuser danced, says that two weeks after the alleged rape she performed normally, despite complaining of severe pain to police and hospital staff.


168 posted on 10/28/2006 4:15:17 AM PDT by maggief
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To: Fido969
The fact that Nifong is ahead in the polls is scary.



You got that right!!!! That is why gerrymandering is WRONG! I don't care which side he is on which I am not sure. He should be thrown out on his a$$!!!! He is an embarrassment to both parties.
169 posted on 10/28/2006 4:25:48 AM PDT by napscoordinator
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To: Protect the Bill of Rights

Well I trail you by only a few years and can confirm all you say. And, lord help me, I got the Sgt. Carter reference right away.


170 posted on 10/28/2006 4:46:33 AM PDT by Locomotive Breath (In the shuffling madness)
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To: abb

"The newspaper does not name people listed on police reports as victims of sexual assaults."

They still can't get it right. Now they're hiding behind the fact that the police listed her as a "victim".


171 posted on 10/28/2006 4:52:52 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Howlin

Hoving lived in Durham in the late 70's and early 80's, I have always defended Durham from the critiicism and snobbery from those in Raleigh and Chapel Hill. I've already stopped doing that and if Durham doesn't have the sense to throw out Nifong then I'll have been pushed firmly into the other camp.


172 posted on 10/28/2006 5:02:18 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Jezebelle
I agree. Happened all over the country and not just with the tobacco and textile industries of North Carolina. When I worked in heavily-union Rockford Illinois, there were people who acted like they were entitled to do the same job for 45 years without having to learn anything new. I kept getting in trouble for making that same observation to them. Rockford is now a Durham of the north except they don't even have a Duke University to keep them going and bite on the a$$ in their resentment of their own failings.
173 posted on 10/28/2006 5:07:59 AM PDT by Locomotive Breath (In the shuffling madness)
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To: ltc8k6

ltc, that could explain a lot about the pictures. I just did not remember reading that back in April. It would be hard to believe that with 30 to 40 young men there that at least one video camera would not have been present.


174 posted on 10/28/2006 5:08:59 AM PDT by Hogeye13
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To: abb

Thank heaven the facts are coming out. These young men will be vindicated but the pain for the families, the community will take a long long time to heal.


175 posted on 10/28/2006 5:10:00 AM PDT by OldFriend (CNN ~ GIVING THE TERRORISTS A FAIR SHAKE)
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To: napscoordinator
I haven't seen the methodology of that poll but typically they under sample Republicans and they also don't accurately sample likely voters. I wouldn't place too much stock in it.
176 posted on 10/28/2006 5:17:05 AM PDT by Locomotive Breath (In the shuffling madness)
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To: Jezebelle

My thought when I read that statement was where are her children that someone has to inquire about her seeing them. Sounds to me like she can only see them occasionally. Maybe restricted to certain days of the week and limited hours. Just my thoughts.


177 posted on 10/28/2006 5:30:46 AM PDT by Hogeye13
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To: Hogeye13; Protect the Bill of Rights
Found it. Wasn't Nifong that said it. Will Hammer now fold his tent?

June 27, 2006

Is Durham DA Mike Nifong Politically Motivated?

(scroll down)

VAN SUSTEREN: Listen, I take this seriously. No, I'm serious because, you know, we laugh sort of on the side but you've got three people facing a serious indictment. You know if a rape occurred...

HAMMER: Here's what I suspect, Greta.

VAN SUSTEREN: ...they ought to be tried and convicted but I'm saying — all right, go ahead.

HAMMER: Here's what I suspect. Here's what I suspect. None of us has looked this woman in the eye. This guy has, Greta, and that's not enough I'll tell you but I've looked victims in the eye and although they've made prior inconsistent statements because they were under the influence of something or frightened or recanting, I've looked a person in the eye and said "I believe this person." I would not prosecute a case unless I did.

VAN SUSTEREN: Except, OK, except for one thing.

HAMMER: I'm believing...

VAN SUSTEREN: I agree.

HAMMER: ...Nifong believes the woman.
178 posted on 10/28/2006 6:01:49 AM PDT by Locomotive Breath (In the shuffling madness)
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To: All

And what about the Fonger being a week late in turning over the discovery? What's that all about? Is Smif just gonna sit still and take it?


179 posted on 10/28/2006 6:05:50 AM PDT by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Locomotive Breath

Forgot the hat tip: Liestoppers.


180 posted on 10/28/2006 6:11:08 AM PDT by Locomotive Breath (In the shuffling madness)
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