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Nifong a Topic at State Bar Council (and Feds Decline to Act for Now)
Eyewitness News 11 ^ | 1/16/07

Posted on 01/16/2007 10:03:31 AM PST by freespirited

This week Durham District Attorney Mike Nifong could be slapped with more charges related to his handling of the Duke Lacrosse case.

This week the State Bar Council will be holding its quarterly meetings in Raleigh. During this time, the agency could add ethics charges against the Durham district attorney.

Nifong recused himself from the Duke Lacrosse case shortly after the state bar filed an ethics complaint against him last month. He's accused of misconduct for statements he made to the media last spring.

In a letter obtained by Eyewitness News, defense attorney, Joe Cheshire requested to meet with Nifong in March about the statements.

"I do not understand why you will reportedly speak to the media in such certain, condemning terms before all the evidence is in, but you will not have the courtesy to meet or even speak with a representative of someone you have publicly condemned," Cheshire stated in the letter.

Nifong could also face additional charges for withholding DNA evidence that was favorable to the accused players. Evidence that is now in the hands of the state's Attorney General.

"We accept these cases with our eyes wide open to the evidence, but with blinders on for all other distractions," Roy Cooper said.

The State Bar Council meets today.

The council will decide this spring if his public comments about the case were a violation of the professional rules of conduct. Nifong's ethics meeting is scheduled for May.

No Federal Probe

The U.S. Attorney General's office has responded to Congressman Walter Jones' request for a federal probe of the Duke Lacrosse Case.

In a letter delivered Thursday, Alberto Gonzales' office wrote that it would be, "Premature to initiate a federal investigation pending a criminal trial."

This means the Attorney General will not be getting involved in the case at this time.


TOPICS: News/Current Events
KEYWORDS: dnaevidence; dukelax; nifong
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To: JoanOfArk

I have jury duty tomorrow. I don't know how it will be if I'm selected. I know I would have always been fair and listened carefully to the evidence. Will I be fairer now, or will I let issues of race and/or class cloud my judgement? If the accused is white should I find him not guilty because of things that have happened in Durham? I'll have to wait and see.


261 posted on 01/16/2007 6:34:18 PM PST by JoanOfArk
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To: tomcorn
but suddenly see imaginary federal authority in a state case. ...The Scandal, however, remains a state issue and has no federal jurisdiction...Let us eschew making federal mountains out of what should have been a county molehill.

I will bet if you were paying the attorneys fees for the defense you would not view it as a molehill, and clearly we have an out of control prosecutor, prosecuting despite clear evidence demonstrating that the crime never happened.

262 posted on 01/16/2007 6:36:53 PM PST by AndyJackson
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To: JoanOfArk; Alia; maggief
Well, she is not actually brushing her teeth, but she is holding the tootbrush Whoops the lolly pop picture. Nix the toothbrush

Photobucket - Video and Image Hosting

Photobucket - Video and Image Hosting


263 posted on 01/16/2007 6:37:31 PM PST by Protect the Bill of Rights
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To: Ditto

Before resting on federal law you should read it. Here is what it says.

The Civil Rights act:

USC42 § 1981. Equal rights under the law

(a) Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) “Make and enforce contracts” defined
For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
(c) Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.


264 posted on 01/16/2007 6:39:39 PM PST by AndyJackson
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To: Protect the Bill of Rights

My photobucket account with her photos gets more than 6200 hits a month. I wish I could spin it for a profit for the defense fund.


265 posted on 01/16/2007 6:43:24 PM PST by JoanOfArk
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To: AndyJackson

Andy...you failed to address the question. What is the federal issue in this case? There isn't any. You, as a conservative, should be ashamed of yourself. Nifong ginned up a state case out of a bizarre accusation and thin air. Now here you are attempting to gin up a federal case without any justification at all.

Mr. Nifong's behavior in this case is loathsome. However, this is a North Carolina issue and it is the responsibiliy of North Carolinians to discipline Mr.Nifong.


266 posted on 01/16/2007 6:48:15 PM PST by tomcorn
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To: All

Another good video over at LS!

http://z9.invisionfree.com/LieStoppers_Board/index.php?s=a596c21ccec7dbe24da2ef74e1ed9b98&showtopic=1594


267 posted on 01/16/2007 6:49:34 PM PST by Protect the Bill of Rights
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To: Protect the Bill of Rights

Sorry, I was over on the AI thread. :)


268 posted on 01/16/2007 7:06:40 PM PST by maggief
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To: JoanOfArk
I have one of her at her dressing table.

Dare I even ask "dressing for what?"

269 posted on 01/16/2007 7:09:09 PM PST by Howlin (The GOP RATS - Republicans Against Total Success (Howie66))
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To: tomcorn

I just quoted the law above. I am assuming that you can read it yourself, but if you still need it explained, let me know.


270 posted on 01/16/2007 7:09:44 PM PST by AndyJackson
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To: maggief

Did you see precious audition by chance???


271 posted on 01/16/2007 7:12:21 PM PST by Protect the Bill of Rights
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To: Ditto
But the arrest was based on a complaint filed by a private citizen, not a covered official.

The accused would not have been named, and ergo not arrested, without illegal coaching of which Nifong certainly should have been aware (and in which he was likely a participant).

272 posted on 01/16/2007 7:16:41 PM PST by supercat (Sony delenda est.)
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To: Protect the Bill of Rights

There was a crack baby. I am series.


273 posted on 01/16/2007 7:17:05 PM PST by maggief
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To: AndyJackson

Andy...No one's civil rights have been violated. I can tell you aren't an attorney. Your assertion of federal jurisdiction in this case is preposterous. It overreaches even more than Nifong. And My God, he overreached to an astonishing degree.


274 posted on 01/16/2007 7:19:26 PM PST by tomcorn
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To: JoanOfArk
Whoa!

Can you please tell me about muscular legs clad in a red towel?

275 posted on 01/16/2007 7:21:56 PM PST by Alia
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To: maggief

That's hugh!


276 posted on 01/16/2007 7:23:31 PM PST by Protect the Bill of Rights
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To: Alia; maggief; JoanOfArk

I think Alia needs some smelling salts! LOL!


277 posted on 01/16/2007 7:25:27 PM PST by Protect the Bill of Rights
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To: tomcorn
First, individual has rights. States have powers and those powers are constrained by the Constitution and its ammendments, including the 14th. As a libertarian, I have no problem with the Federal government jumping all over an uppity prosecutor who has brought charges on a fishy story and suppressed exculpatory evidence all for his own political gain.

The quoted stated stipulates "full and equal benefit of all laws and proceedings for the security of persons and property," and these rights "are protected against ... impairment under color of State law."

The presumption of innocence, right to a fair trial, right to be secure in person and property except by due process of law are rights we all have, rights which Nifong has violated under color of State law.

I really don't know why you are trying to give this petty unconstitutional tyrant a pass under color of a doctrine of "states rights" that does not even exist.

278 posted on 01/16/2007 7:27:49 PM PST by AndyJackson
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To: AndyJackson

oops, excuse the typos.


279 posted on 01/16/2007 7:28:46 PM PST by AndyJackson
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To: Mad-Margaret

Toobin is a misinformed ass! "We don't know what evidence Nifong has."

No, you idiot! There are no admissions in Nifong's files. Nifong was required to turn over ALL of the evidence.

I can't stand it.
____________

Goodness, people are still repeating that mantra?
I think we all know what he has......NOTHING.


280 posted on 01/16/2007 7:29:07 PM PST by snarkytart
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