(Durham) Prosecutor (Nifong) Yet to Interview Rape Accuser

Associated Press ^ | October 27, 2006 | Aaron Beard

[mutley]

This case has been a disgusting sham from the beginning. Nifong needs to pay for this some day.

[johnpannell]

The current governor of North Carolina is a Democrat, and that party is still dominant at the state level. That should say a lot.

[libstripper]

This must utterly astound every lawyer who reads it, as it astounds me. Basic practice requires any lawyer who's going into an adversarial proceeding to interview and prepare his primary witness, especially if that individual is a complaining witness. Without doing it the lawyer simply doesn't know whether he has a case or not. A prosecutor is ethically required at least to have a good faith belief that he can prove a case against a defendant beyond a reasonable doubt before he moves to indict that defendant. The complaining witness's testimony is the lynch pin of any rape case with a living complainant and no circumstantial evidence, like a positive DNA test. Interviewing that person is essential for the prosecutor to know if there is a minimally prosecutable case. Nifong has just admitted to blatant prosecutorial malpractice and abuse. He should be disbarred and sued for violating the defendants' Federally guaranteed civil rights by attempting illegally to deprive them of their liberty under color of law.

[gridlock]

Nifong could represent himself, but if I were in his spot, I would want a competent attorney...

[Wings-n-Wind]

Nifong...
...you will be charged with malicious prosecution.

Hmmmmm... I see an ancient and revered legal principle at work here:
FISH OR CUT BAIT!
aka... PAINT OR GET OFF THE LADDER!

I think serving the county with a federal complaint for the violation of the alleged defendants' constitutional rights might move things right along.... up to an including dismissal...

This guy is a disgraced political hack.... C ya

[isom35]

I hope Nifongs's life is a legal and financial nightmare for years because of this.

[HEY4QDEMS]

This is BS, he interviewed her, he's just stonewalling.

[writmeister]

Just when I thought I could not be more astounded by this case!

[JamesP81]

He should also be made to re-embursh the legal fees of these students.

I agree. Actually, I think if the state brings a case against citizen and the citizen is found innocent, I think the state should be required to reimburse attorney's fees. It's a loser pays system like we needin civil law.

However, there is one point I have to disagree on, and it probably rubs most conservatives the wrong way, but the taxpayers of Durham should be made to pay those attorney's fees. Ultimately, the taxpayers are responsible for the actions of those they choose to represent them.

As for personal consequences, I'd like to see Nifong lose his election and get disbarred. By all rights he should be charged with Prosecutorial misconduct, but those charges almost never stick.

He should at least get disbarred. That way when I drive up I can tell him that I really don't want fries with that.

[madison10]

Check out some of the child abuse witch-hunts of the 80s/90s. Absolutely chilling.

I can believe it. Someone somewhere either wanted to keep a job, write a master's thesis, or get revenge. There is no recourse once a person is labeled unjustly.

[Rb ver. 2.0]

"There really ought to be an effort by the courts of N.C. to remove Nifong from this case and disbar him from further practice!"

It would take and act of malfeasance and trust fund embezzlement that affected prominent democrats before a disbarment and prosecution would happen.

[Political Junkie Too]

A speedy trial is not Nigong's goal, getting re-elected is. He's stalling until after the November 7 election.

-PJ

[patriot_wes]

"I haven't talked with her about the facts of that night. ... We're not at that stage yet." - Nifong

The whole case is a bunch of Barbara Striesand !

[pissant]

If I were one of these boy's father, I'd have put that POS in the hospital by now.

[pissant]

It sure seems that way

[tennmountainman]

I don't disagree with that at all. He represents taxpayers and if taxpayers have to pay for legal bills so be it for bringing a bogus charge..

Nifong should be jailed.

[JamesP81]

There is no recourse once a person is labeled unjustly.

Indeed. It's a severe problem these days.

If there's ever a rebellion in this country, it will be something like this that gets it touched off.

[teawithmisswilliams]

"He's stalling until after the November 7 election."

He's stalling because he has NO CASE. This travesty will never come to trial.

-TW

[leilani]

Maybe you're right, we'll see, but surely you expect that the accused & their families will be hitting him with civil lawsuits, don't you? I still think he's setting up a defense of incompetence for himself.