Posted on 12/18/2006 4:44:22 PM PST by abb
his is not the way the system is supposed to operate. Prosecutors are supposed to be out for justice, not blood; committed to the truth, at all costs, not winning, without more.
Prosecutors aren’t just morally obliged but legally required to turn over exculpatory evidence to the defense.
Prosecutors aren’t just one side in a battle.
You can’t come across the smoking gun covered with fingerprints on it – come across it because you have the power of the state to collect all the evidence – and then decide to ignore it because they don’t match the fingerprints of the guy you’re prosecuting for the crime. You certainly can’t file the report from the lab for your eyes only.
You have to tell the defendant that the smoking gun has someone else’s prints on it. He has a right to know that, and the prosecutor has a duty to tell him.
There is a reason that the rules are such. The prosecutor represents the people. The people’s goal is winning, which doesn’t have to mean a perfect conviction rate.
The goal is supposed to be to convict the guy who did it, not frame the guy you’ve got.
Somebody should tell that to Mike Nifong. Or to the judge who is in a position to do something about who prosecutes the Duke lacrosse players charged with rape.
What is going on in the prosecutors’ office in Durham North Carolina is disturbing in ways that go beyond the ugly allegations that started this case.
The District Attorney has clearly lost sight of his mission, and with it the last remnants of any ethical compass. The case has been characterized, since the outset, by a clear failure to follow the office’s own procedures and practices.
(Excerpt) Read more at foxnews.com ...
Just imagine how many peoples lives that this Nifong guy has ruined. I am sure this is not the first bogus prosecution he has pursued. After this disaster of a trial is over with, there are going to be many lawsuits filed on him.
I hope he is wrong but he is from that neck of the woods.....
I can't imagine anywhere else in the US where a witch hunt such as this would be allowed to go on knowing what we know, and knowing to what lenghts the DA is going to.....
the DA and the DNA guy have opened up a can of worms....I can see many cases that used that DNA lab having verdicts thrown out....
Then he can find out what "rape" is all about. Hey, Nifong, meet Bubba!
Durham — A University of North Carolina at Chapel Hill law professor said Monday he also believes there should be an investigation of Mike Nifong's management of the Duke lacrosse rape investigation.
"I think the best course of action, at this moment, is for Mike Nifong to remove himself from this case or for him to be removed," said University of North Carolina at Chapel Hill law professor Joe Kennedy.
Glad to see she does get it. This case, the lack of it, is a disgrace!
http://www.latimes.com/news/printedition/opinion/la-le-tuesday19.1dec19,1,4967214.story?coll=la-news-comment
A rape case under the microscope
December 19, 2006
Re "Duke case worsens for prosecution," Dec. 16
The private forensics lab hired to perform DNA tests in the Duke rape case withheld evidence that exculpated the accused rapists. How could this happen? During the testimony in which this coverup was revealed, lab director Brian Meehan referred to Durham Dist. Atty. Mike Nifong as "my client." Instead of serving the truth, they were serving their "client," the prosecutor's office. Unfortunately, such identification with the "client" is human, all too human. Crime labs should be independent of police and prosecutor, and public defenders should be given greater access to forensic advice and testing. Justice will suffer as long as forensic scientists work for the prosecution rather than the truth.
ROGER KOPPL
Madison, N.J.
The writer is director of the Institute for Forensic Science Administration at Fairleigh Dickinson University in Madison. N.J.
•
Whoever said "justice delayed is justice denied" must have had Durham, N.C., in mind.
We know now that Nifong indicted even after he knew that the DNA results showed that Reade Seligmann and Collin Finnerty had had no contact with their accuser.
The judge may be happy to take a holiday break, but the indicted players and their families are not going to be able to take a holiday from this nightmare.
It remains a scandal that it has taken nearly 10 months for this hoax to be dealt with. Surely such an obvious example of criminal misuse of the system calls for more than just an ordinary response, or the tepid response the North Carolina bar and the federal authorities have given it.
RANDOLPH PARRISH
Scottsdale, Ariz.
I do love how the HS glosses over the circumstances under which Nifong turned over the complete Meehan report.
Someone casually reading this editorial might wrongfully think that Nifong inadvertently forgot about this document and, once he remembered it, quickly turned it over to the defense. The HS seems to forget that Nifong only turned over this complete report after Judge Smith specifically ordered it.
Somehow, I do not think the HS would be so casual about disclosure irregularities if the races of Mangum and the defendants were reversed.
I do love how the HS glosses over the circumstances under which Nifong turned over the complete Meehan report.
Someone casually reading this editorial might wrongfully think that Nifong inadvertently forgot about this document and, once he remembered it, quickly turned it over to the defense. The HS seems to forget that Nifong only turned over this complete report after Judge Smith specifically ordered it.
Somehow, I do not think the HS would be so casual about disclosure irregularities if the races of Mangum and the defendants were reversed.
Sorry about the double post.
Ditto!!!
http://www.eurweb.com/story/eur30430.cfm
THE MO'KELLY REPORT: It's Time to Be Honest About Duke
December 19, 2006
Morris W. O'Kelly
*This past Friday a judge ordered a paternity test to determine whether any of the three Duke lacrosse players had fathered the child of a woman who accuses them of rape. That’s correct, she’s pregnant. And correct, those who cling to the idea of an actual rape taking place quickly point to the pregnancy as possible “proof.”
Uh not so fast…
When the Duke lacrosse alleged rape case broke, many of us in the African-American community were drunk with anger and rage. The idea of a multitude of white, privileged college students sodomizing an African-American exotic dancer (and college student elsewhere) struck a chord with virtually any African-American knowledgeable about the South and American history.
When the Duke lacrosse alleged rape case broke, many of us in the African-American community were “sure” of the Duke lacrosse players guilt, although none of us had any inclination as to what did or did not happen. Although none of us could qualify as a character reference for either of the dancers or any of the lacrosse players…folks were “sure” of innocence and guilt.
Although there has been no DNA evidence found to implicate any of the players…many of us are still “sure” of their guilt.
When the Duke lacrosse alleged rape case broke, Mo’Kelly remembers admonishing people to wait and see what happens before we rush to someone’s aid, simply because they share the same ethnicity as you and I. “Susan Smith,” and “Tawana Brawley,” should’ve been painful reminders of a sword that cut both ways.
Those people who know Mo’Kelly, knows that he loves his fellow African-Americans. And those people who know Mo’Kelly, knows that he’s also hard on his fellow African-Americans. This is one of those times in which Mo’Kelly needs to administer some tough love.
When Los Angeles Lakers guard Kobe Bryant was accused of raping a white hotel worker in Colorado, African-Americans (by and large, and yes I know I’m generalizing) argued tooth and nail how Kobe was innocent, removing all possibility of guilt and blame from Bryant, primarily because the alleged victim was thought to be a…well, you know. The woman was torn apart and ridiculed in a shameful manner publicly, including radio and TV. We all know to what I’m referring.
Granted, the fact that she had another man’s semen in her undergarments can be exculpatory in nature…but even before that evidence was released…Black folk were adamant Kobe was innocent.
Note which side the sword cut on this occasion…
This time around, we again have accused athlete(s) and a woman of supposed questionable moral direction pitted against one-another in terms of an alleged sexual assault. We again have an accuser found with an unrelated man’s semen in her underwear.
Minus the celebrity element of Kobe Bryant, these situations are not very dissimilar…needing only a switch in color between the respective accusers and accused. But what has been markedly different is African-Americans unjustified and unbridled rush to aid the accused in this instance specifically, complete with press conferences and marches. ‘We’ were offended at Rush Limbaugh for referring to the accused on air as a…well, you know.
Now, note which side the sword has cut THIS time.
Originally when Mo’Kelly broached this subject, he recommended that we all wait to find out more about the case and hopefully find the truth. Instead of simply siding with race, seek to side with “right.” Invariably there would be revelations and disclosures that will greatly impact the pendulum of public perception. Of course we wouldn’t ever know for sure what might have transpired at the Duke lacrosse party, no more than we would ever know what happened that night in Kobe Bryant’s Colorado hotel room. Nevertheless, our opinions would be much more informed at the minimum and another Tawana Brawley fiasco would be avoided.
Since the alleged incident of March 14th, we’ve not heard any testimony to corroborate the accuser’s story and even her dancing partner has since recanted much of the original testimony. As mentioned, there has been semen of “another” person found in the underwear of the accuser. And since we are certain that the accused is STILL pregnant, and the incident in question took place MORE than 9 months ago…we really don’t need a paternity test, do we? Mo’Kelly stayed awake in sex education class back in middle school. He distinctly remembered the part in the movie where it said that a full term pregnancy is 9 months…not 10. Doctors typically induce birth if the pregnancy is more than 9 months.
It’s time for ‘us’ to be honest with ourselves and each other. Our blind support of this alleged victim, simply because she shares our ethnicity is going to blow up in our faces and ‘we’ will absolutely deserve it. This is an unnecessary and avoidable situation. All anyone had to do was wait and see.
Let’s turn this on its head.
If three African-American football players (since ‘we’ don’t usually play lacrosse) were accused of raping a white exotic dancer and DNA evidence had already excluded them…where do you think our allegiance would lie? If the white exotic dancer was then found to have semen in her underwear from some other man …wouldn’t ‘we’ see it as exculpatory in nature as ‘we’ did with Kobe Bryant? If the dancer turned up pregnant (and is still pregnant) more than 9 months after the alleged incident, would “we” be pleased at the call for a paternity test? Or would ‘we’ be alleging consistent and continuing racism?
The problem with the blind allegiance to the alleged victim in this Duke case is that there will come a time in which an African-American woman WILL be raped in the future. She WILL need the support of the African-American community and WILL deserve justice.
And it won’t be there for her, because ‘we’ spent all of our morality money and credibility elsewhere in an incredulous way.
This will not be a popular stance or even arguably an appreciated stance…but it’s truthful and fair. There’s little if any reason to support the assertions of this alleged victim…and that’s a conclusion after almost 10 months of changing testimony and disappearing corroborating witnesses. It has nothing to do with her chosen career or supposed lack of morality.
Mo’Kelly WANTS to believe this accuser and in his heart believes “something” transpired that night. Mo’Kelly WANTS justice for this woman…provided she’s actually a victim. Whether it was sexual assault…one can’t be sure. But what is clear to me is that this accuser is shaky all the way around. And in criminal proceedings, we’re talking beyond reasonable doubt with a burden of proof landing squarely on the accuser’s shoulders not the Duke lacrosse players.
If Kobe’s accuser was nothing more than a gold-digging…well, you know; then the same should be said of the accuser here. Race aside, justice demands consistency. ‘We’ can’t have it both ways. If we want this accuser to be respected and given a fair shot at justice, then Kobe’s accuser deserved the same. Rape is far more important than race. This disparity/double-standard is glaring and indefensible. If and when we rid ourselves of blind loyalty, we then can point our interest and efforts at addressing real racism like the murder of Sean Bell.
If Mo’Kelly is wrong, you can guarantee that you’ll see a full and heartfelt apology to the accuser. On the other hand, if the accuser’s case quietly goes away, we’ll feel the sting of “Tawana Brawley” for another 20 years and like it or not, we’d deserve it.
Mo’Kelly would much rather be wrong and write an apology…
The Mo'Kelly Report is an entertainment journal with a political slant. It is meant to inform, infuse and incite meaningful discourse...as well as entertain. For more Mo’Kelly, http://mokellyreport.blogspot.com. Morris W. O'Kelly can be reached at mokellyreport@sbcglobal.net and he welcomes all commentary.
bump
Once upon a time, the people of these United States had a wonderful custom of Tarring and Feathering public miscreants.
mark
Who stands to gain the most if Nifong is found guilty of misconduct? Obvious answer: THE LAWYERS.
No wonder they're all keeping their mouths shut, waiting for a mountain of evidence that will show his misconduct. Then they will all make lots of $money$ as they appeal every case that Nifong or that lab ever came in contact with.
You ought to read about this case on DU. If anything, they are even more indignant than we are. And we Freepers are aplenty!
I think Meehan discussed his DNA being in the sample to "give us a clue" to "see if the others can be matched to anyone else we know.
Meehan said all lab workers have their DNA on file in the lab, in the case of unknown DNA showing up in the sample, to check for contamination of the sample by the lab workers.
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