Posted on 12/15/2006 12:00:48 PM PST by nj_pilot
Well, look, the poor guy was just trying to get re-elected...
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< /sarcasm>
But it's not just the lab who will suffer. Think of all the crime victims whose case evidence has been or is being processed by this lab. How many rapists and murderers may get off because of the taint?
Nifong, strippergirl, and the lab director should spend the holidays in a pillory getting pelted with fruitcake and rancid egg nog.
Going to have a bunch of convicted murders looking to see if this lab handeled any of their evidence.
I heard a commentator say that NC has no "speedy trial" reference in its laws....fwiw
That's interesting. This is far beyond a humble antitrust lawyer's field of expertise, but I guess the next question is does the "willfullness" of the statute require some sort of mens rea, or is it merely that he meant to do what he did?
Why is Mike Nifong not behind bars?
I'd leave out the "leftist" part. One likes to think it's only the D's, but DAs in general are people in a position of tremendous power, whose "success" is measured by convictions, and whose re-election is governed by their success.
There's plenty of fear to go around on this one.
The State should have jurisdiction over a local prosecutor. Why are you bypassing the state?
Not only that, but disbarred and broke too. The man is pure scum.
"The prosecution has a duty to divulge exculpatory evidence pertaining to the defendants. I don't know if withholding such evidence is a felony--more like prosecutorial misconduct."
That depends. If the lab report was deliberately altered to omit the exculpatory evidence, then that goes beyond a failure to disclose, and approaches falsifying evidence, which is a felony, I believe. To prove that, they would probably have to find a draft of the report with the exculpatory evidence included.
On the other hand, the discussion between the lab chief and the DA to exclude the evidence from the report may constitute conspiracy - and even if the underlying crime is a misdemeanor, conspiracy is usually a felony.
Probably look like Rev Al or Rev Jackson. Maybe they were paying her way. Hey didn't Jesse do something like this before?
"...if these allegations are proven, he's not exactly going to have a lot of job offers lined up. It's not a slap on the wrist.."
Nope, but then again, he didn't have his name and rep. sullied for being innocent. Seems like he should suffer MORE! :)
The lab director just made every atty., who is trying to question his labs credibility, very, very, very happy.
I was an expert in a Federal civil case where the other sides expert tried something very similar. A PO'd Federal Judge is something terrible to behold.
Up until 10 years ago Nifong was an Assistant DA prosecuting "real" cases. Then he got prostate cancer and upon his recovery was sent to traffic court for a "retirement in place". When Nifong's predecessor as DA, Hardin, was appointed a judge by the gov, Easley, the same gov brought Nifong back from traffic court and made him the DA.
Although he tried to weasel out of it in remarks made after the trial, it appears to me that Nifong was guilty today of a second serious crime: lying under oath to the judge about this evidence. He may have thought that his partner in the first crime would lie under oath, as he did.
NC Legal Question Ping.
After his license to practice law is revoked he could always go to work for Taco Bell, if they'd hire him.
Statements made by the attorneys on either side in court are usually not made under oath - so perjury doesn't apply.
Lock BOTH of them up.
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