Just a rotten case: As the prosecution of Duke's lacrosse players unravels,

The Plain Dealer ^ | 1/7/07

[Winged Hussar]

Then, just last month, the director of a DNA laboratory that tested samples taken from the woman testified that he and the prosecutor had agreed in May to withhold some of the findings. The exculpatory nature of the results - specifically, that the swabs included traces of semen from several men, none of them the Duke defendants - offer the strongest evidence yet that the prosecutor himself should be the subject of an investigation, and that he should have no further connection with this case.

[TexasAggie65]

I hope they sue the gang of 88, the DA (under Civil rights Law), Duke University and after they get all of the money it will no longer be Duke Univ but __ & __ University.

[abb]

you done made the big time...

http://johninnorthcarolina.blogspot.com/2007/01/maggief-and-dowd-suit-comments.html
Sunday, January 07, 2007
Maggief and Dowd suit comments

Who’s Maggief? And what’s her connection to the suit Duke alum Kyle Dowd and his parents have brought against Duke Professor and faculty Group of 88 member Kim Curtis and the University?

Maggief, as far as I know, has no direct connection to the Dowd suit but when the news first broke that the Dowd’s are alleging Curtis unfairly gave Dowd, a member of Duke’s lacrosse team, a failing grade Maggief reminded readers at Free Republic that a commenter here at JinC had some weeks back said her son had been a victim of grade retaliation by Curtis in 2004, and that Duke had mishandled the matter.

A JinC Regular alerted me to Maggief’s Free Republic comment. I then found the comment the parent made here and included it in this post: "Duke’s first lax suit."

I acknowledged the Regular’s help but failed to mention Maggief’s comment had started the chain that led to the parent’s comment’s inclusion in my post.

I’m sorry for that, Maggief. Thank you for your help.

And thanks also to every one of you out there who continually do things that make JinC a better blog.

Moving on –

KC Johnson has a “don’t miss” post: “Dowd and Duke.”

In “Duke’s first lax suit” I noted that the Dowd’s attorney, Joseph E. Zeszotarski, is a very well regarded, experienced litigator who, as a result of his peers’ assessments, has earned listing since 2003 in The Best Lawyers in America. I also noted Zeszotarski’s law firm, Poyner & Spruill, is large (over 100 attorneys) and one of the most respected in the Southeast. (links for Zeszotarski, P&S and BLinA are in "Duke's first lax suit")

Attorney’s in Zeszotarski's position and law firms like P&S are careful about the cases and clients they take on. They also knew before filing that the suit would be a very “high visibility” one that will be closely watched by other attorneys and potential S&P clients. So it’s a safe bet they believe they have a very strong case and confidence they’ll be successful.

That leads to something KC said in his post: “It’s unclear to me why Duke allowed this case to progress to a stage where a lawsuit would be filed.”

Why, indeed?

It’s standard practice for claimants’ attorneys to try to resolve claims before resorting to the courts, especially when the defendant is one such as Duke, with all its access to first-class legal talent and the resources to pay for it.

I don’t doubt that Zeszotarski made a strong effort to settle matters before bringing suit. And I don’t doubt Duke made some kind of response. But, of course, I don’t know the particulars of what went back and forth.

I sure wish I did.

I’ll be interested to hear what you think.

posted by JWM at 4:39 PM

[Sacajaweau]

I smell 88 lawsuits. And don't think it won't happen.

[abb]

http://en.wikipedia.org/wiki/Blog_Hooligan

[maggief]

Thanks for the ping. :)

[Alia]

:) All that digging, and someone noticed, maggief! :)

[Alia]

I smell 88 lawsuits. And don't think it won't happen.

Where is Locomotive Beath when we need a poem.

Sing along:

88 teachers of hate on the wall,
88 teachers of hate,
you take one down, pass it around,
87 teachers of hate on the wall....

[JLS]

Kemp at professor Johnson's blog says:

"The Bar Grievance committee will meet this week, a little birdie told me so. Nifungu will be the subject of this meeting, more charges will follow."

https://www2.blogger.com/comment.g?blogID=32542246&postID=5747036346405510263

It is the 5:55 post.

[JoanOfArk]

You made it above the fold. WTG.

[JoanOfArk]

That's interesting. I suppose the Bar will address additional complaints at their meeting on Jan. 18.

[WashingtonSource]

88 teachers of hate at Duke
88 teachers of hate
Sue one now, take that one down
87 teachers of hate at Duke

[InsanityReigns]

I wouldn't be surprised if Gottlieb or someone involved in the case had passed along a "confidential tip" (false of course to ESPN) early on, much like the email sent to the players stating that one of the players was going to come forward with the truth. Nothing is beyond Nifong/Gottlieb.

"The players, who agreed to speak with ESPN on the condition their names not be used, also admitted that slurs and bad language were used by some players and the dancers during the argument."

No mention by ESPN, of course, that Kim (Nicki) started the exchange by calling them "Limp D-ck white boys who have to pay for it." And that Kim called the police to report racial slurs, after she had, in fact, initiated the verbal exchange by insulting them, after ripping them off. I still believe that Kim poured gasoline on the fire in the beginning, when she was trying to "spin" her story, even if she did admit months later on 60 minutes that she had initiated the name calling.

[relictele]

This case is the Mississippi Three in reverse.

The MSM and almost everyone else who lived through the 50/60s and the Civil Rights movement wants to relive the glory days over and over.

The case seemed like a dream come true for a politcally ambitious prosecutor and the MSM who aren't interested in silly details like guilt, innocence or evidence. No, they simply want this news/election cycle's example of institutionalized racism and members of the elite class protecting their own.

The sides have changed since the 60s and so have the methods. Nothing so crude as a bullet behind the ear and a car drowned or buried, mind you. No, the ivory tower types and the get-whiteys (both conveniently located in Durham NC) find themselves uncomfortable bedfellows as they attempt to railroad 3 innocent individuals simply because they resent the individuals' race, socioeconomic status, education level, choice of sport, etc. Even the most rabid support of Nifong and/or the "victim" has to admit that were the color palette reversed this case would have been over months ago and the accused set free, if not given huge sums of money and a parade in the town square.

Those with an appreciation for irony will have a good laugh or perhaps even a cry when they consider the "heroes" of the left, especially on campus: Che Guevera (better looking than Castro and iconic since he's forever young in death), Guantanamo inmates (who would slit the throat of the nearest lesbian "gender roles" associate professor at the first opportunity), Mumia abu-Jamal, etc. etc. Questionable or non-existent exculpatory evidence, shouts of habeas corpus, speedy trials, and the rest are employed by the shedload in attempting to free mindless killers but the silence regarding three obviously innocent fellow citizens - born and bred and certainly entitled to Constitutional protections - is as telling as it is complete.

I know I'm saying absolutely nothing original; the onus is on our side to maintain vigilance and volume on this issue. The left thought they'd picked a winner at the county fair and ran home only to find a sickly pig in a poke. The back-tracking and stonewalling, especially from "educators" who should have known better, is a start but even when the boys are freed this case is the perfect turning point to eliminate the endless game of oneupmanship egged on by the media and pandering politicians.

[Locomotive Breath]

Yeah - I posted the linkback to John at his site but forgot to give a hat tip to maggief for pointing it out here first. Shortly later I fixed it in the comments. Sorry about that maggief.

[Locomotive Breath]

Heh heh heh

[Post Toasties]

Presumably, he wants to believe it.

[Alia]

lol!

87 teachers of hatred of all
87 teachers of hate,
you take one down, pass the lawyer around,
86 teachers of hatred of all

[maggief]

Thank you.

No problem, LB. Justice in this case is a collaborative effort. :)

[JLS]

I believe I read a similar post over there claiming the bar association would release charges against Nifong the week of Christmas and as we know they came out about a week later. [Does Nifong get a week or two to respond?] Still this is interesting. I am expecting more and more pounding on Nifong until he gives up this case. The longer he goes now the worse it will be for him.

I wonder what the charges might be? I can think of a few:

1. Hiding and conspiring to hide exculpatory evidence. This would be about the December hearing, but I think it might be too soon for that.

2. Lying in open court? This could be about the discovery or the false affidavit filed to the get the order for the DNA and photos of the white Duke lacrosse players. It could also be about the DNA discovery, but like in item 1, I think this is too soon.

3. Ordering DPD personnel to violate DPD policy concerning the photo array policy?

I think it is likely item 3 or the false affidavit part of item 2. It also could be other ethics issues completely unrelated to these three issues.

[sgtbono2002]

I went to you site and looked at this "lady".

Lawd those boys must have been blind to want to watch that. It would take an overdose of Viagra to make that appealing.