Posted on 12/13/2006 1:36:38 PM PST by Howlin
A private laboratory hired by the prosecution in the Duke lacrosse case failed to report that it found DNA from multiple males in the accuser's body and underwear, according to a defense motion filed today. The lab, DNA Security of Burlington, found that the DNA did not match the three defendants, their lacrosse teammates or anyone else who submitted their DNA to police, including the accuser's boyfriend.
The new evidence emerged in thousands of documents handed over to the defense in October.
(Excerpt) Read more at newsobserver.com ...
Ive said before that if I was a father of one of those boys I would make it my lifes work to ruin that DA, finacially, politically, spriritually, and personally the goal would be prison or a public weeping/flogging. Then I would get to work.
I agree; however, one problem when dealing with a COWARD such as Nifong, is that he is very likely to take the cowardly way out.
I would not be one bit surprised to hear reports of that rat-bastard dangling from the end of a rope, or swallowing a pistol some day.
That's usually true. Prosecutors and judges cannot be sued for performing their duties. However, if someone does something "outside the scope of his official duties," he opens himself up to a lawsuit. The question is going to be if someone can prove that Nifong did things unlawfully or "outside the scope of his official duties." Nifong might just be cagey enough that he has set up any number of people to be fall guys in this case. Kind of like Clinton.
From D-I-W this AM:
4.) The transcript of Nifong's attempts to avoid turning this material over to the defense looks very troubling in retrospect. It's hard to imagine that a concern with privacy motivated the reluctance of either Nifong or Meehan.
...is that he is very likely to take the cowardly way out.
Isn't that something Nifong said?
The exact thought entered my mind. They must stand on their own!
They certainly greased the skids with all their "Come Clean" posters, didn't they?
It's beginning to look like they had the wrong faces on those posters.
I think their silence speaks volumes.
And I have no doubt that many well-known people are on the customer lists of these "dancers" and those "adult" entertainment businesses. If the U.S. Attorney General decides to investigate, I hope they go in and clean house completely.
I saw a picture of him the other day and looks like he's aged 10 years. I guess there are trade offs in life? But again my focus is on the lives of those boys and their families.
Let me be the first to offer a free rope or pistol.
This may be harsh but if a nuclear bomb goes off in Durham it would do millions of dollars of improvement.
Maybe, finally, Nifong will be held accountable for this travesty. Obviously the voters in Durham were too ignorant to take care of this problem.
Great comment on KC's 'DNA Motion' post from last night:
Anonymous said...
One of the outrageous and fascinating aspects of this proceeding is the failure and unwillingness of Nifong to respond in writing to written motions. The enablers constantly refer to defense spin, defense version of events, suggesting that the defense is exagerating or fabricating. This reflexsive response, used by Nifong himself in, among other forums, his letter to Newsweek, is a blanket explanantion for the torrent of support for the Duke Lacrosse players.
However, virtually all the information presented in suppport of the Duke players is in written, signed, and properly supported motions. The attorneys who sign those motions are verifying that the motions have a good faith basis.
In all cases I have ever been involved in, parties oppose serious detailed motions with a written serious response. If the motions were full of spin and falsity, Nifong could put pen to paper and detail why the motions and assertions are false. He has chosen not to do so.
This is extremely significant. First, on the basic public level, the defense attorneys are not "spinning" but taking legal positions that make them personally accountable for false or misleading statements. So, the whole idea that we have only heard spin is simply false.
Second, on a procedural level, I don't understand why Nifong is not compelled to respond. In most courts (and I don't practice in North Carolina) failure to submit a brief is waiver.
Third, even if Nifong is not compelled to respond, capable attorneys with good arguments do so. Indeed, even if the argument opposing the motion is weak, but in good faith, most attorneys will make the argument.
Fourth, and this ties back to my third point, Nifong's refusal to respond except in court orally is calculated. Either he can't write or find a staff member to write, or he does not want to sign a pleading in court with his spin.
Finally, this is just another in a long line of open affronts to the legal system. While some of what Nifong has done is strategic and ethical, what has driven the outrage (mine included) is that his key decisions have been well outside the ethical rules and common practice--the false statements about DNA clearing the innocent, the line-ups, the false public statements, the delayed delivery of evidence, the concealment of evidence, and so forth. If any of these accusations were untrue, or even arguably untrue, it would have been a simple matter for Nifong to put pen to paper (or fingers to keyboard) and draft a response just as thousands of attorneys do every single day. That he has not done so does not mean that the Defendants have to wait until trial to find out, but instead that we already know that he did the things he is accused of doing.
streeeetwise
9:57 AM
I'm working like heck today so I can be near the TV tomorrow morning!
And I would expect to hear something else this afternoon.....they filed a LOT of motions.
Big Bump!!!
I wonder if they (DNA Security) are publically traded and I can run out and short their stock?
I have been barking up that tree a bit myself. Their website states that they are a subsidiary of American Media International, an LLC.
American Media International, LLC.
2609 Tucker St. Extension
Burlington, NC 27215
AMI appears to be involved in the production, duplication and distribution of various types of communicative media. From AMI's webpage (http://www.ami-media.com/amiindex.html):
"Our scope of services range from creative inception to final distribution of any CD, CD-ROM, floppy diskette, audio or video cassette, and all elements in between."
THEIR MISSION STATEMENT OMITTED ONE IMPORTANT CREDIT: THAT THEY ARE WILLING AND CAPABLE OF MANUFACTURING ANY EVIDENCE THAT YOU ARE WILLING TO PAY FOR!
Unfortunately, they are a privately held company. Otherwise, I'd be short several round lots myself.
Feel free to contact them at 800 849 3223, and be sure to ask for Richard Clark!
DNA Security was cash strapped when AMI recently bought them. What AMI bought was a whole bunch of liability, because now there are some deeper pockets which can be sued.
mark
I wonder if it is significant that Saacks' affidavit and Stephen's court order were specifically for DNASI to perform Y-STR testing, yet DNASI also performed autosomal STR testing, which SBI had already done?
Nifong won his recent election...so he is set for four years. My bet is that he ends up in January dropping the case...saying not enough evidence is there to convict. The boys get off...the tramp gets her time in front of the camera...and he got elected. All things considered...what could have happened that night....and could have been damaging to these boys...never did happen...so for this...we ought to be thankful.
A lesson for any 18-year old going off to a major university today. There are women out there...waiting to get you into legal trouble. Walk away from any situation that smells bad...and make sure witnesses note that you walked away.
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