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Some of Nifong's harshest critics have also suggested that he face criminal charges, but Kennedy said that those charges "should only be reserved for the most egregious types of misconduct. And it's too early to say whether this might be one of those cases."

This case entered the realm of most egregious a long time ago.

1 posted on 01/15/2007 9:50:39 AM PST by freespirited
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To: freespirited

>>He had a career - a long career, a reputation of being an honest and fair prosecutor - and for some reason, his conduct in this case was inconsistent with that. <<

For some reason?!

The doctor that delivered me in 1954 lost his legal ability to prescribe drugs in the mid 1980's for "some reason".

The reason was that he was drugging up my grandmother and other people in convolescent homes to the point of virtual unconsciousness for years.

My grandmother got much better...


27 posted on 01/15/2007 10:01:12 AM PST by RobRoy (Islam is a greater threat to the world today than Nazism was in 1938.)
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To: freespirited
If N.C. Attorney General Roy Cooper dismisses the case against Dave Evans, Collin Finnerty and Reade Seligmann...their families might try to file a civil lawsuit against Nifong.

My wish is to see those boys ride out of town in shiny new Ferraris, waving goodbye to the town with their middle fingers.

31 posted on 01/15/2007 10:04:02 AM PST by randog (What the...?!)
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To: freespirited

Lacrosse case could end Nifong's career, experts say


Let's hope and pray it does. We do not need someone like him in power. Everything he did was to advance his own career at the expense of innocent people.


33 posted on 01/15/2007 10:04:36 AM PST by cubreporter (I trust Rush. He has done more for this country than we will ever know. Thanks, Rush!)
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To: freespirited
"You don't easily recover from something like this," said James Coleman, a law professor at Duke University and a frequent Nifong critic. "That's what's so unfortunate about this. He had a career - a long career, a reputation of being an honest and fair prosecutor - and for some reason, his conduct in this case was inconsistent with that.

I believe a review of past cases he ran is in ordered. If he did this for a high profile case, how many other people got Nifonged?

38 posted on 01/15/2007 10:06:24 AM PST by PogySailor (Media bias? What media bias)
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To: freespirited

"Joseph Kennedy, a law professor at the University of North Carolina, said that the accuser's Dec. 21 interview with an investigator, in which she changed several key details in her description of the attack, is also a concern.

Among the changes, the accuser offered a new timeline that put the attack outside of the apparent alibi window established by Seligmann's attorneys. She also said she could no longer be sure that she was penetrated vaginally by a penis, which could have helped Nifong explain to a jury why there was no DNA evidence.

"It's just troubling that ... nine months after the event, there's an interview and the interview reveals this fact, which minimizes the importance of the evidence they didn't turn over," Kennedy said. "

This analysis leaves me almost speechless. Nevermind that she's changed her story countless times. Nevermind that her credibility is totally tanked. Kennedy's opinion is that these changes strengthen Nifong's case . . . if only he had turned over the lab evidence more quickly.

Typical lib professor!


39 posted on 01/15/2007 10:07:03 AM PST by rightazrain ("Once we have a war there is only one thing to do. It must be won. " -- Ernest Hemingway)
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To: freespirited

I should hope so. A clear case of prosecutorial misconduct.


40 posted on 01/15/2007 10:07:40 AM PST by Rummyfan (Iraq: Give therapeutic violence a chance!)
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To: freespirited

I agree. This is the worst of the worst. He did it only for the politics of the situation. She now changed the timeline to destroy one of the men's defense. He deserves to lose his position as DA. This situation only hurts legitimate cases........


42 posted on 01/15/2007 10:09:21 AM PST by Mere
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To: freespirited
Nifong betted all his marbles on the word of a ho.
43 posted on 01/15/2007 10:10:25 AM PST by azhenfud (The fool hath said in his heart, There is no God.)
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To: freespirited
Joseph Kennedy, a law professor at the University of North Carolina, said that the accuser's Dec. 21 interview with an investigator, in which she changed several key details in her description of the attack, is also a concern.

Among the changes, the accuser offered a new timeline that put the attack outside of the apparent alibi window established by Seligmann's attorneys. She also said she could no longer be sure that she was penetrated vaginally by a penis, which could have helped Nifong explain to a jury why there was no DNA evidence.

It was revealed on last night's "60 Minutes" report that she is/was on the drug Depakote which is prescribed "in the UK and US for the treatment of the manic episodes of bipolar disorder, and increasingly taken long-term for prevention of both manic and depressive phases of bipolar disorder, especially the rapid-cycling variant."

46 posted on 01/15/2007 10:12:27 AM PST by CedarDave
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To: freespirited

I don't think there's the least doubt in the world that Nifong is guilty of a criminal offense.

The lab employee testified under oath that Nifong knew about the DNA test results and deliberately told him to suppress that evidence and not give it to the defense. That's prima facie evidence that a deliberate crime was committed.

Moreover, shortly before this testimony was given, Nifong assured the judge that he knew nothing about this exculpatory evidence. As the prosecuting attorney he was not put under oath when he made this statement, but as an officer of the court giving evidence he was surely under an obligation to tell the truth. Although not technically perjury, it was surely a crime, too.

Finally, his motives for committing these crimes are clear. He was willing to violate his basic duties as a prosecutor in order to get re-elected. He put his career ambitions before his solemn duties.

As for this being an unprecedented first, I thought I read somewhere that his superiors took him off prosecutorial duties earlier in his career, and he only recently returned to them. I suspect there is a pattern of misconduct that was probably systematic. These abuses of his office didn't just come out of nowhere all of a sudden.


48 posted on 01/15/2007 10:14:57 AM PST by Cicero (Marcus Tullius)
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To: freespirited
"Lacrosse case could end Nifong's career, experts say.."

________________________________

Duh...ya think????????????????

52 posted on 01/15/2007 10:16:47 AM PST by Clifford The Big Red Dog (Woof!)
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To: freespirited
Nah, Nifong has it made - especially if he does lose his law license.

The minute it's revoked he'll get offers to be a Law Professor at UC Berkeley, U of W (Madison) and Cornell in Ithaca - the City of Evil. Plus if he chooses Berkeley, he can room with domestic terrorist Angela Davis.

Heck they may even waive tenure requirements to get him.

56 posted on 01/15/2007 10:21:14 AM PST by Condor51 (The demoncRATs don't want another 'Vietnam' - they want another Dien Bien Phu.)
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To: freespirited

If the Defense Attorney's are aggressive, every case that Nifong has prosecuted and that he won will be challenged. There was a similar instance in Oklahoma a few years back where a forensic pathologist was guilty of fabricrating evidence. Almost all of the cases she was involved in were reopened.


63 posted on 01/15/2007 10:25:44 AM PST by richardtavor (Pray for the peace of Jerusalem in the name of the G-d of Jacob)
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To: All

people are soft pedaling this.

HORSE HOCKEY I bet he engaged in this type of conduct throughout his career as a prosecutor.

How many OTHER cases was this done?

How many other cases was exculpatory evidence held back?

There are too many reporters giving the BS of "this one time".

All this "was one time only" BS is an attempt by Nifongs press pals to try and justify him keeping his law license.

Nifong should be disbarred.

(remember clinton was a good lawyer until he lied just that ONE time. Clinton was disbared)


65 posted on 01/15/2007 10:26:51 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: freespirited
This is the biggest case by far that he's handled, and he didn't do a very good job

This has to be the understatement of the year! I think the kids' parents should sue him blind, if nothing else than to recoup the legal fees they've expended.

75 posted on 01/15/2007 10:33:12 AM PST by econjack
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To: freespirited

Nifong would be an ideal AG for a Hillary! administration.


80 posted on 01/15/2007 10:36:07 AM PST by FlyVet
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To: freespirited
"That's what's so unfortunate about this. He had a career - a long career, a reputation of being an honest and fair prosecutor"

What is UNFORTUNATE is the fact that he ruined lives and reputations! What Nifong dod was pre-meditated, pure and simple. People's character doesn't change. The man was ALWAYS an assw*pe!

81 posted on 01/15/2007 10:36:45 AM PST by moonman (`)
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To: freespirited; All
This dude put his political ambitions over justice and got WAAAYYY in over his head.

Unfortunately, in the civilian sector (as opposed to military where I prosecuted as a JAG), the checks on this type of thing are slim at best - rogue Federal prosecutors in particular seem to have no problem avoiding trouble after ruining people's lives like this dude did - let me clarify that I am talking here about a small minority of Federal prosecutors. The vast majority serves this country honorably and well. But the system (unlike, again, in the military) is simply not equipped to identify and punish prosecutorial misconduct in the civilian world. Plus the existing mechanism is inadequate and rarely if ever used.

This case will be the exception that proves the rule however. Nifong does not have even a 'fig leaf' to hide behind since its now obvious that he knew, or should have known almost form the beginning that he had no case - yet he continued it, curiously enough about the time he was up for reelection.

Whether he'll be disbarred is an open question - I personally doubt it unless evidence of misconduct is incontrovertible. But he will never prosecute again after he's hit with a suspension of his license, which I think is a more likely outcome, for some period of time.

If evidence shows willfull misconduct as some of the allegations indicate, he might be made an example of.

And that would be a good thing. Political aspirations of a small minority of civilian prosecutors occasionally result in miscarriages of justice like this one, and it will be refreshing to see at least one such prosecutor get his 'just desserts'.

84 posted on 01/15/2007 10:38:56 AM PST by Al Simmons (When you are going through hell, keep going! - Winston S. Churchill)
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To: freespirited
Lacrosse case could end Nifong's career, experts say

If God is just . . . .

86 posted on 01/15/2007 10:41:04 AM PST by surely_you_jest
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To: freespirited
Predicted final settlement

1. All charges dropped with a "half apology"
2. Since county is an instrumentality of the State, State will settle damage claim for about $2,000.000 to $5,000,000 each accused, plus lawyers fees.
3. Mr. Nifong will leave DA post for "family reasons" and open a small, low profile law practice. In is book, he will blame the cops.
4. A Jessie Jackson type will be called in for some "healing."
5. Accuser will be given enough money to "finish school," but she will blow it on drugs, etc. She will be in trouble with law again within 5 years.
6. One of accused's parents will write a book and get a $50K advance.
88 posted on 01/15/2007 10:43:09 AM PST by MindBender26 (Having my own CAR-15 in Vietnam meant never having to say I was sorry......)
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