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The D.A. Scandal in the Duke University Case
LePartner & Associates ^ | January 30, 2007 | Henry K. Horn

Posted on 03/04/2007 4:27:50 AM PST by abb

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Originally published in the New York Law Journal
1 posted on 03/04/2007 4:27:54 AM PST by abb
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To: abner; Alia; AmishDude; AntiGuv; beyondashadow; Bitter Bierce; bjc; Bogeygolfer; BossLady; ...

Ping


2 posted on 03/04/2007 4:28:29 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: abb
The superseding complaint charges Mr. Nifong with failing to provide a complete report containing the results of the DNA tests that would exculpate the defendants, in violation of North Carolina Gen. Stat. 15A-282, 15A-903(a)(1) and 15A-903(a)(2) (Complaint 227).

I hope there are criminal and civil penalties attached to violating these Statutes.

L

3 posted on 03/04/2007 4:37:32 AM PST by Lurker (Calling islam a religion is like calling a car a submarine.)
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To: abb

Nifong should be disbarred and prosecuted. He is an absolute disgrace to the American justice system.


4 posted on 03/04/2007 4:45:20 AM PST by GoldenPup
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To: abb
There are sure to be many more developments in the story of how Mr. Nifong conducted the prosecution of the three Duke University students that will have direct impact on his license to practice law. This is a story that squarely teaches that "rushing to judgment" without wisely stepping back and reviewing the evidence runs directly counter to the ethical obligations that govern how attorneys are required to conduct themselves. The harm of such ignorant conduct is that others are grievously wounded.

Listen up, Patrick Fitzfong, you're next. I hope.

5 posted on 03/04/2007 5:05:54 AM PST by Sal (Once you know they sold USA out to Red China, what do you think they would NOT do?)
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To: Sal

Despite everything, the three defendants are STILL facing 30-year prison terms; and the special prosecutors now reviewing the case aer thought by many to have a history of putting the state's interests ahead of justice (think of the Gell and Malloy cases, for example.)

Many believe they are actually still looking for SOME kind of charges to pin on the three, in order to spare North Carolina the enormous political and financial fallout from dismissing the case.

This is a political trial, and in political trials, noise counts.

Petition for Justice in the Duke Lacrosse case :

http://www.thepetitionsite.com/takeaction/208340697

Make some noise. Your mouse clicks can help keep the
spotlight turned on in Durham, and maybe help prevent
three innocent defendants from being railroaded to a wrongful conviction.


6 posted on 03/04/2007 5:10:57 AM PST by CondorFlight (I)
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To: All

Monks leaves party helm

BY BRIANNE DOPART, The Herald-Sun

The former chairman of the Durham County Republican Party, who is best known for his unsuccessful write-in candidacy against District Attorney Mike Nifong, had planned to do a lot of explaining in his farewell address to the committee at the county convention Saturday.

The purpose of the convention was to elect a new chair and vice chair, but the election -- which Melodie Parrish and Laney Funderburk won respectively -- came after Monks' address, in which he claimed responsibility for the party's lack of skilled leadership and urged party members to stop fighting among themselves.

The attorney and non-Durham native took the blame for a broad range of wrongs, from what he described as "the lousiest location" for a committee dinner ever to "not being able to heal the divisive wound in our party which we've been struggling with for at least two years."

Monks had just gotten to a section of his presentation titled "The Winters of My Discontents" when committee member Julie Simons rose and asked him to stop, saying she felt the committee's troubled past was just that, in the past.

"I just don't believe in airing dirty laundry in public," Simons later said.

(snip)

Although Monks never made it to the portion of his presentation in which he planned to discuss the creation of the Web site www.durhamrepublicans.org, which calls Monks a spoiler and encouraged people to "beg" Monks to resign as party chairman, he did make reference to the site in his recommendations for the party, in which he said the site should be taken down and groups like the Durham Conservative Club and Concerned Citizens for Accountable Government, the latter of which was founded by Monks' campaign organizer, Charlotte Woods, be dissolved.


(snip)

Regarding his ill-fated run for district attorney, Monks rehashed his decision to make himself a write-in candidate, saying he met with "some powerful Democrats" who told him to pull out of the race, and saying he didn't take "getting pushed around, bribed or threatened by Democrats lightly.

Monks did not name names.

(snip)


http://www.heraldsun.com/durham/4-825638.cfm

http://www.durhamrepublicans.org/

Durham DA recall election spoiled by "hijacked" local county GOP

http://www.durhamrepublicans.org/durham2006darace.html


7 posted on 03/04/2007 5:12:04 AM PST by maggief
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To: abb

An excellent article, and about as damning as anything could possibly be.

Thanks for posting it, abb.


8 posted on 03/04/2007 5:16:21 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: abb
It began to emerge early on that several facts were obvious.
1. There was no rape. You cannot rape a hooker.
2. Nifong was using the incident to win votes among the black voters.
3. Fox News had a hoot over the whole thing.
4. If the "victim" had been white, well, you finish.
5. Nifong is a Democrat. Nothing will happen to him as a result of his doing what every other Democrat does to get elected, pander to blacks.
6. As for the alleged rape victim, she will make a bundle off of the entire episode if some smart lawyer gets into the act.
7. The real victims, the Lacrosse team members who were falsely accused, they will learn a lesson: don't mess with hookers.
9 posted on 03/04/2007 5:18:16 AM PST by R.W.Ratikal
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To: R.W.Ratikal

Of course a hooker can be raped. You might want to re-phrase the intent of that part of your post.


10 posted on 03/04/2007 6:08:26 AM PST by em2vn
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To: GoldenPup
Hi,

Nifong's prosecution of the Duke Lacross players is in the midst of unraveling. A possible next step would be to have a review of ALL Nifong's previous prosecutions for irregularities. How many other innocent people have been railroaded by this exculpatory evidence hiding lawyer? How many more legal abuses have taken place? The Duke case can't be the only one, only (hopefully) the last one.

A sense of justice and fair play requires further digging into Nifong's irregularities.

Magooey
11 posted on 03/04/2007 6:23:51 AM PST by magooey (stop the bs, fight the war!)
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To: magooey
My experience in watching the law for the last half century is that this case is far from uncommon. These kids are only fortunate that their families have enough money to hire lawyers that can point out the mistakes in such a way that we hear about it.

One serious flaw in our legal system is that the state has unlimited resources to prosecute who they want. While the law will allow a court appointed lawyer it is usually someone with little legal experience and woefully inept compared to the prosecutor.

If the purpose of the office of prosecutor were to find the truth and if they were not rewarded for convictions then perhaps there would be more truth found.

Nifong needs to spend hard time with those he has helped to put away, he is no better than any of them.
12 posted on 03/04/2007 6:42:55 AM PST by JAKraig (Joseph Kraig)
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To: R.W.Ratikal
Just out of curiosity, who do you think the alleged victim could "make a bundle off" of? She certainly cannot sue the 3 boys or the university. It seems to me that the boys have the case against Nifong and the city of Durham, not her.
13 posted on 03/04/2007 6:44:45 AM PST by luv2ski
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To: abb
"Reviled by faculty and senior administrators at Duke who had prejudged them (and all members of the nationally ranked lacrosse team) and by the news media that escalated the feeding frenzy..."

Those of us who carefully withheld judgment, even as Duke alumni, take no comfort from the moral inferiority of those who did not.

14 posted on 03/04/2007 6:47:51 AM PST by Savage Beast (MESSAGE TO BUSH: Free U.S. Border Patrol Agents Ignacio Ramos and Jose Compean NOW!!!)
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To: luv2ski
It seems to me that the boys have the case against Nifong and the city of Durham, not her.

And possibly Duke, some faculty members, North Carolina, and some local newspapers.

15 posted on 03/04/2007 7:07:37 AM PST by ladyjane
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To: abb

North Carolina seems a hotbed of corruption and sleaze, no one is taking any responsibility for these young men's persecution and continuing personal destruction. Nifong is a typical southern Democrat, what a disgrace. How much longer are those boys going to be held under the gun, where is the State's Attorney General? Oh, thats right, it is North Carolina and they have no justice or integrity especially if one is a young and white male.


16 posted on 03/04/2007 8:34:16 AM PST by Rockiette (Democrats are not intelligent)
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To: magooey

Good point...I agree.


17 posted on 03/04/2007 9:15:33 AM PST by GoldenPup
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To: abb

Does anyone know who is now advising the AV as to how to change her testimony to fit the timeline? NAACP? CORE? The New Black Panthers? Black Muslims? Je$$e? Rev Al? All of them?

Another question:

The special prosecutors' names are known. Who are the members of the state bar so that they can be "exposed" when they slap Nifong on the wrist?


18 posted on 03/04/2007 10:06:06 AM PST by El Gran Salseron (The World-Famous, popular DJ and FReeper Canteen Certified, Equal-Opportunity, Male-Chauvinist-Pig!)
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To: abb

What about the faithless leaders in the school who were so quick to forsake there own students and feed them to PC world!

Should they not step down as leaders?

What standing does Duke U has in the community?


19 posted on 03/04/2007 10:15:24 AM PST by restornu ("Try to Lead by Example, Not by Trampling on Another!")
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To: R.W.Ratikal; em2vn
There was no rape. You cannot rape a hooker.

Of course a hooker can be raped.

Here's an interesting scenario. Suppose a john engages a prostitute. After they have sex, he refuses to pay her. Has the hooker been raped?

20 posted on 03/04/2007 2:59:01 PM PST by Bitter Bierce
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