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Duke Justice Demands Nifong's Removal (Susan Estrich on DukeLax
FoxNews ^ | December 18, 2006 | Susan Estrich

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 ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: badbadda; duke; dukelax; durhamdirtbag; estrich; lacrosse; laxative; nifong; nitwitnifong; susanestrich
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To: Jezebelle
Jezebelle, read my private post to you. Until you can amend your attitude, I'll have no futher intercourse with you. Your arrogant, in-your-face attitude totally detracts from all the good you are trying to achieve. I am not a nice person. I choose to be nice. I am not a timid person. I choose to be meek. I am not living vicariously through this case. Read my post and you will know exactly what I'm about. I love my profession. I've got you beat by three years, and I'm still doing it--different area now, but watching over immigration the way I watched over other things.

Nifong is going to go down as is any other corrupted L.E. who believe they can play fast and loose with my Constitution -- not all of them -- just the dumb ass, stupid, incompetent ones. You have my word on that.
41 posted on 12/18/2006 5:21:53 PM PST by Constitutions Grandchild
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To: Carling
"DNA from FIVE men in her (crusty?) underwear "

A throat swab might have many more than 5 DNA samples!
42 posted on 12/18/2006 5:22:35 PM PST by HuntsvilleTxVeteran ("Remember the Alamo, Goliad and WACO, It is Time for a new San Jacinto")
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To: ncpatriot

http://www.ncdistrictattorney.org/mikenifong/your_district_attorney.htm

University of North Carolina

From his website:

"By June of 1979, he had worked his way up to Superior Court, where he amassed a record of more than three hundred felony jury trials (nearly a quarter of which involved homicides) over the next two decades. In the years since 1999, he has experienced a decrease in courtroom involvement and a corresponding increase in administrative responsibilities and policy development."

So he's been out of the prosecuting limelight, maybe no longer the center of attention? That to me could explain his grandstanding, his showboating on this case. He;s grasping for straws! It would be great to see him and his legal career go down in flames. (to any of you liberal ninnies out there, the term "go down in flames" is figurative.)


43 posted on 12/18/2006 5:22:41 PM PST by Fred Hayek (Liberalism is a mental disorder)
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To: TheKidster
Did that DNA company check Nifongs DNA?

I can't imagine another rationale explanation for his malicious prosecution of this case.
Yes, he appeared to understand his constituency well enough to get reelected, but he had to have known it was no longer just a "local thing" long before the elections.
I just pray the hell that finally gets paid, is paid by Nifong himself, the accuser, and everyone in the "law & justice" and media chain that have so perverted the laws against rape.
44 posted on 12/18/2006 5:24:59 PM PST by sarasmom (Enough!)
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To: Felis_irritable

Exactly. Wonder for how long?


45 posted on 12/18/2006 5:27:04 PM PST by pandoraou812 ( zero tolerance and dilligaf?)
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To: ml/nj

Susan is probably just looking out for other lawyer friends. Just think, all of the defense attorneys that have clients that were convicted on DNA tests performed by this lab. The lab president has already admitted that he did withhold this information from the defense at the request of the DA.
Also, she is prbably hoping that this is the person that ran the DNA test on hte blue dress so that she can claim it was not correctly run.


46 posted on 12/18/2006 5:32:48 PM PST by TexasAggie65
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To: abb
Mike Nifong lives with his wife Cy Gurney (a regional coordinator for the Guardian ad Litem program)

She takes kids away from fathers.

47 posted on 12/18/2006 5:40:01 PM PST by buccaneer81 (Bob Taft has soiled the family name for the next century.)
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To: Carling
With the new information that Crystal had DNA from FIVE men in her (crusty?) underwear and body, it gets me thinking about the 'donors' of that DNA. A large part of me is wondering about those xoxoxo's posts. I would love to see if that DNA has been identified.

It seems odd to me that Dr. Meehan would have discovered his own DNA in the first place. He was comparing DNA from the rape kit to DNA from the 46 players.

Is it SOP to compare the DNA of the person doing the test to the DNA from the sample - perhaps as a check against contamination?

48 posted on 12/18/2006 5:43:11 PM PST by Ken H
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To: cripplecreek
If Susan Estrich had her way, every poster on this forum, every person who ever pulled a voting lever for any Republican candidate, hell, any person who ever wrote a letter to the editor of their local paper attacking liberal policy or liberal politicians or commentators, would be hounded by political witch hunts carried out by innumerable Nifong clones in prosecutors offices all over the country. She's just mad at Nifong because he was so blatant and ham-handed with his abuse of power, and that makes her and the rest of the Nifong pom-pom wavers on the left look like the pandering, race-baiting idiots they really are.

Her throwing Nifong under the bus cuts no ice with me.

49 posted on 12/18/2006 5:43:36 PM PST by CFC__VRWC (AIDS, abortion, euthanasia - Don't liberals just kill ya?)
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To: CFC__VRWC

If she wants to impress me she should write about Teddy Kennedy passing info to the KGB in his attempt to screw Carter or start calling for resignations of corrupt democrats.

Nifong is nobody.


50 posted on 12/18/2006 5:48:31 PM PST by cripplecreek (Peace without victory is a temporary illusion.)
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To: abb
"Susan Estrich gets it..."

Even a blind pig, etc...

51 posted on 12/18/2006 5:48:40 PM PST by StAnDeliver
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To: sarasmom

He's just following the rule all good liars follow. Stick to your story and don't change it. He started the lie knowing it was a lie and he is going to ride it till the end. If he changes he admits the lie.


52 posted on 12/18/2006 5:52:08 PM PST by TheKidster (you can only trust government to grow, consolidate power and infringe upon your liberties.)
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To: Cailleach

ping


53 posted on 12/18/2006 5:53:04 PM PST by kalee (No burka for me....EVER!)
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To: TheKidster

NC Bar contacts :

If you have something to tell them, NOW is the time; they will be deciding what to do about Nifong in the next couple of weeks.

D. Clark Smith, President
fax: 336-249-4572
csmith@brinkleywalser.com

Janet Ward Black President Elect
jwblack@wardblacklaw.com

Michael Colombo
Immediate past President
fax: 252-353-1096
mcolombo@ck-attorneys.com

EMR. J CLARK BREWER
Vice President
PO BOX 31627
RALEIGH 27622-1627 phone: 919-782-6860
fax: 919-782-6753
JCB@YMH.COM

JUDGE ROBERT WARD BRYANT, JR
Vice President
949 LIVE OAK CHURCH RD
SELMA 27576-0000 phone: 919-965-9669

pluto949@aol.com

JUDGE LOUISE W FLANAGAN
Vice President
US COURTHOUSE 413 415 MIDDLE ST RM 208
NEW BERN 28560-0000 phone: 252-638-3068
fax: 252-637-9143
Louise_Flanagan@nced.uscourts.gov

MR. JOHN WEATHERLY MASON
Vice President
PO BOX 7647
ASHEVILLE 28802-7647 phone: 828-252-6600
fax: 828-258-695
JMASON@ROBERTS-STEVENS.COM

MS. BARBARA S PERRY
SLD Chair
1207 COUNTRY CLUB DR
KINSTON 28504-0000 phone: 252-523-9310
fax: 252-523-8858
bsp6951@earthlink.net

DEAN. RAYMOND C PIERCE
Vice President
NCCU LAW SCHOOL 1512 S ALSTON AVE
DURHAM 27707-0000 phone: 919-530-6112
fax: 919-530-7622
rpierce@nccu.edu

MR. JOSEPH E PROPST
YLD Chair
PO BOX 10669
RALEIGH 27605-0669 phone: 919-828-2501
fax: 919-834-8447
jpropst@jordanprice.com

JUDGE BEN F TENNILLE
Vice President
211 N GREENE ST
GREENSBORO 27401-0000 phone: 336-334-5252
fax: 336-334-5162
businessjudge@gmail.com
Terms Expiring 2007



MR. STOKELY G CALDWELL, JR
101 N TRYON ST STE 1900
CHARLOTTE NC 28246-0103 phone: 704-377-8332
fax: 704-373-3932
scaldwell@rbh.com

MR. ALAN W DUNCAN
PO BOX 21927
GREENSBORO NC 27420-1927 phone: 336-378-5315
fax: 336-378-5400
alan.duncan@smithmoorelaw.com

MR. GABRIEL FERNANDO JIMENEZ
3737 GLENWOOD AVE STE 100
RALEIGH NC 27612-0000 phone: 919-573-6109
fax: 919-573-6076
gfj@jimenezlaw.com

MR. W DAVID MCFADYEN, JR
211 BROAD ST
NEW BERN NC 28560-0000 phone: 252-672-4900
fax: 919-672-4903
WDMDA3B@HOTMAIL.COM

MS. ROBIN JAYNE STINSON
PO BOX 21029
WINSTON SALEM NC 27120-1029 phone: 336-722-3700
fax: 336-722-8153
RSTINSON@BELLDAVISPITT.COM

MR. M GRAY STYERS, JR
1117 HILLSBOROUGH ST
RALEIGH NC 27612-0000 phone: 919-755-3993
fax: 919-755-3994
gstyers@bjmls-law.com

MR. THOMAS HOLMES WELLMAN
PO BOX 2018
ROANOKE RAPIDS NC 27870-0000 phone: 252-535-4545
fax: 252-535-5959
twellman@charter.net

Terms Expiring 2008

MR. CHARLES L BECTON

STE 500 4000 WESTCHASE BLVD
RALEIGH NC 27607-0000 phone: 919-755-1068
fax: 919-828-7543
c.becton@bsblawfirm.com

MR. JONATHAN EDWARD BUCHAN, JR
PO BOX 31247
CHARLOTTE NC 28231-1247 phone: 704-343-2000
fax: 704-343-2300
jon.buchan@hmw.com

MR. DAYTON THOMAS COLE

PO BOX 32126
BOONE NC 28608-0000 phone: 828-262-2751
fax: 828-262-8056
coledt@appstate.edu

MS. SUSAN JEAN GIAMPORTONE
ONE W FOURTH ST
WINSTON SALEM NC 27101-0000 phone: 336-728-7075
fax: 336-726-6044
SGIAMPORTONE@WCSR.COM

MS. ROSEMARY GILL KENYON
PO BOX 2611
RALEIGH NC 27602-2611 phone: 919-821-6629
fax: 919-821-6800
rkenyon@smithlaw.com

MR. PHILIP SUMMA
STE 200 11610 N COMMUN HOUSE RD
CHARLOTTE NC 28277-2199 phone: 704-945-6701
fax: 704-945-6735
psumma@summalaw.com


MS. CANDICE SYLVETTE WOOTEN
STE 300 100 N CHERRY STREET
WINSTON SALEM NC 27101-0000 phone: 336-721-1001
fax: 336-748-9112
cwooten@constangy.com

Terms Expiring 2009

MR. GILL PAUL BECK

PO BOX 1858
GREENSBORO NC 27402-0000 phone: 336-332-6304
fax: 336-333-5257
GILL.BECK@USDOJ.GOV

MS. JEAN GORDON CARTER
PO BOX 109
RALEIGH NC 27602-0109 phone: 919-899-3088
fax: 919-899-3160
JCARTER@HUNTON.COM

MR. JAMES ESTES CROSS, JR
PO BOX 1168
OXFORD NC 27565-1168 phone: 919-693-3131
fax: 919-693-2919
jcross@rccattorneys.com

SEN. FLETCHER LEE HARTSELL, JR
PO BOX 368
CONCORD NC 28026-0368 phone: 704-786-5161
fax: 704-788-8058
fhartsell@hwpalaw.com

MS. REBECCA SOFLEY HENDERSON
3000 ONE WACHOVIA CTR 301 S COLLEGE ST NC0630
CHARLOTTE NC 28288-0630 phone: 704-383-0513
fax: 704-383-1383
rebecca.henderson@wachovia.com

MS. TIFFANIE WATTLETON SNEED
467 HAY ST
FAYETTEVILLE NC 28301-0000 phone: 910-433-1821
fax: 910-433-1895
TSneed@ci.fay.nc.us

MR. EDWARD C WINSLOW, III
PO BOX 26000
GREENSBORO NC 27420-6000 phone: 336-271-3112
fax: 336-232-9112
EWINSLOW@BROOKSPIERCE.COM


54 posted on 12/18/2006 5:53:04 PM PST by CondorFlight (I)
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To: abb
The people’s goal is winning,

I'd disagree with her on that point. The people's goal is getting it right.

55 posted on 12/18/2006 5:54:02 PM PST by ArmstedFragg
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To: ml/nj; abb
It's good that she cites the judge in this case. I hadn't thought about his responsibility.

The oversight judge for this case used to work for Nifong, prior to his becoming a judge. He has a clear conflict of interest, and should have recused himself at the start.

What you're seeing here is North Carolina's "good ole boy" legal system in operation. They thought they'd be able to "handle" this one, but they miscalculated badly, and now it's spinning out of their control.

At some point they'll have to throw Nifong under the bus, and deservedly so. However, he is not solely to blame. The oversight judge, Attorney General and even the Governor are culpable as well for their oversight failures.

56 posted on 12/18/2006 5:55:18 PM PST by tarheelswamprat (So what if I'm not rich? So what if I'm not one of the beautiful people? At least I'm not smart...)
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To: abb

...Blind squirrel....


57 posted on 12/18/2006 6:00:29 PM PST by wbill
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To: cripplecreek

"Nifong is nobody." He's a start.


58 posted on 12/18/2006 6:00:29 PM PST by Constitutions Grandchild
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To: wbill
...Blind squirrel....

Stopped clock also comes to mind, lol...

59 posted on 12/18/2006 6:02:25 PM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Felis_irritable

That's a line that I am going to steal, if I might?


60 posted on 12/18/2006 6:02:56 PM PST by bjc (Check the data!!)
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