Replies

The Motion to Suppress is set for hearing the week of February 5, 2007. If the Court grants the motion and prohibits the FA from making an in-court identification of the Defendants, then the charges must be dropped. In order to grant that motion, the Court would have to find that the photo ID process was so flawed in this case that it is unreliable as a matter of law and that any in-court ID would be so tainted as to amount to a violation of the Defendants' rights of due process. It's a tough burden to meet because there is a presumption that the weight to be given to the identification of the accused by the FA is a matter within the province of the jury. However, reading the Defendants' motion leads one to believe that a fair judge might very well grant it, because the problems related to the FA's eventual ID of the Defendants are truly mind boggling.

If the hearing goes forward, every cop who had contact with the FA could be called to discuss the description, or lack thereof, which the FA gave of her attackers. The failure to ID anyone on the first go around; the descriptions of a "chubby" attacker, one with a mustache, the fact that one of the Defendants is so far removed from any description given by the FA that he was not even included in the first photo line-ups; the fact that she apparently eventually named 4 attackers and just left it up to the DA as to which 3 to charge--all of this would be part of the hearing-- and I bet the FA will make a very poor witness.

There has to be some likelihood that the DA and the FA will try to find a way out of this mess before Feb. 5. Maybe it will be just too traumatic for her or something like that--or health considerations related to pregnancy--or whatever--that will allow Nifong to "relunctantly" drop the case. Of course, if he does so and thereby leaves a cloud over the LAX players, they probably would still go after his ass in every way possible, so he's got problems at this point no matter which road he takes. He may decide his best bet is to just push ahead. The only thing I'm sure of is that the Number One consideration in whatever decision Nifong make will be --What's best for Nifong.

Systematic injustice - an ugly mess to clean up. If it ever even can be in a place such as Durham.

On a side note, where is that baby that cousin Jakki and FA's family said was born last week? (sarcasm.) I think we all would love to see a photo of Aunt/Uncle Jakki holding her/his/its new niece/nephew as soon as possible.

This case truly borders on the twilight zone, with the cast of characters, "system of justice," and twisted spiteful thinking on the part of some locals, media, "witnesses," "investigators," and let us not forget the Chief Investigator running for election, who sold his soul to the devil for his own personal gratification, unchecked by this wonderful system in Durham.

Stellar post. Thanks.

I see Mangum folding before the hearing, or coming up with a medical excuse for not testifying that day and the matter being continued, possibly for months.

I think Nifong is hanging onto the hope of a shamelessly biased black Durham jury to pull his bacon out of the fire, so I think he will do whatever it takes, including engaging in further misconduct if necessary, to get this case to trial.