[longtermmemmory]

How about malicious prosecution?

Seriously, respectfully, I think you are a bit off in your analysis. Do not confuse the caution of Gonzalez with there not being a violation. Gonzalez is just avoiding the issue at this point.

The whole linchpin now is for the case to be dropped. Nifong and his enablers know the second the cases are rightfully dropped, all bets are off.

I bet there are some SERIOUS acrobatics going on at the bar trying to find a way to just slap nifong on the wrist.

[Enterprise]

Dear Ditto: As I pointed out, if this were a case where some cops beat a minority, it would not matter if there was a conviction or if the matter was pre-trial. They have absolutely opened investigations into these types of incidences in the past regardless of the status of the case. (Please, don't lamely ask if the players were beaten by the cops, they weren't and we all KNOW THAT!!!) But, read below, and then give me an unequivocal opinion - yes or no - as to whether or not the civil rights of the Duke players have been violated under the color of law. Don't weasel around either. Yes or No, and defend your reasoning.

FBI Linky Linky

"That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.

During Fiscal Year 2005, the FBI investigated more than 1,100 color of law cases. Most of these crimes fall into five broad areas:
• excessive force;
• sexual assaults;
• false arrest and fabrication of evidence;
• deprivation of property; and
• failure to keep from harm."

[defenderSD]

It sure looks like this could be a case of malicious prosecution.

The use of DNA evidence by some prosecutors in this country really concerns me. DNA evidence is so specific and powerful that you know eventually a crooked DA is going to plant someone's blood sample in the evidence to get an easy conviction. There's a good way to stop that kind of misconduct which should be implemented now: Test all the evidence and seal the results before taking DNA samples from suspects. Then give the sealed results to the judge and a sealed copy to defense attorneys. Bring the DNA expert into court to compare DNA tests from evidence with DNA tests from samples obtained from suspects, before anyone is arrested.

IMO, police and prosecutors are starting to get out of control with these powerful scientific methods and new procedures are needed to protect defendants.