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To: nj_pilot
The head of a private DNA laboratory said under oath today that he and District Attorney Mike Nifong agreed not to report DNA results favorable to Duke lacrosse players charged with rape...

Whoa-a-a-a, subornation of evidence is a felony in most states...isn't it (seeking legal opinion from some of you FReeper lawyers).

6 posted on 12/15/2006 12:03:08 PM PST by meandog (If it feels good, don't do it!)
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To: meandog
subornation of evidence is a felony in most states...isn't it

Right idea--wrong word.

Subornation:
1. To induce (a person) to commit an unlawful or evil act. 2. Law a. To induce (a person) to commit perjury. b. To procure (perjured testimony).

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.

19 posted on 12/15/2006 12:09:37 PM PST by TruthShallSetYouFree (Abortion is to family planning what bankruptcy is to financial planning.)
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To: meandog

He has a constitutional obligation to produce exculpatory evidence, and, assuming that North Carolina is a model rules state, an ethical obligation to disclose this evidence as well.

While I doubt he would go to jail, if this is what it appears, he could be reprimanded by the bar association and face suspension.


25 posted on 12/15/2006 12:13:18 PM PST by Publius Valerius
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To: meandog
subornation of the supression of evidence

Subornation of any deception in a criminal investigation is always a felony, even if the particular crime itself is only a misdemeanor.

29 posted on 12/15/2006 12:16:53 PM PST by editor-surveyor (Atheist and Fool are synonyms; Evolution is where fools hide from the sunrise)
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To: Congressman Billybob

NC Legal Question Ping.


77 posted on 12/15/2006 12:49:53 PM PST by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: meandog
subornation of evidence is a felony in most states

democrats are immune

105 posted on 12/15/2006 1:37:32 PM PST by alrea
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