[stinkerpot65]

http://durhamwonderland.blogspot.com/

Verdict
Committee is unanimous on all issues on all the contested issues in the case.

1) Extrajudicial statements: Yes.
2) Did Nifong know that these statements would be disseminated? Yes.
3) Did Nifong know that these statements would materially prejudice proceeding? Yes.
4) Did Nifong statements have substantial likelihood of heightening public condemnation of accused? Yes. Note of explanation: The “accused” in this instance includes the set of suspects (the lacrosse players). Not necessary to make finding as a legal matter that they were actually indicted.

5) By making misleading statements to media, did Nifong engage in conduct involving dishonesty, fraud, misrepresentation? No. The one statement at issue on this point (possible use of condoms) no worse than certain others that were not alleged to involve dishonesty—such as the statement to the effect that the accused were not cooperating. Therefore, not appropriate to pick out this statement as the worst of the group.

6) Failure to provide DNA evidence report failed to provide necessary exculpatory evidence? Yes; Failed to make reasonably diligent effort to deal with discovery effort? Yes.

7) Failure to provide memorializations of Meehan statements: (a) fail to make timely disclosure of exculpatory evidence? Yes. (If anything, Bar’s charge was too narrow.) (b) failed to make reasonably diligent effort to comply with discovery request? No. [AG had taken position that prosecutors did not need to provide such memorializations, though this is no longer the law.]

8) Failure to provide complete report of all Meehan tests (a) failed to make timely disclosure to defense all material required by law and court opinions? Yes. (b) failed to disclose evidence or information that he should have known was subject to disclosure under applicable law. Yes.

9) Failure to provide memorializations of Meehan oral reports (a) failed to make timely disclosure to defense of exculpatory evidence? Yes. (b) failed to disclose evidence or information that he knew was subject to disclosure under applicable law? Yes.

10) Instruction of Meehan to have report only positive matches? YES. (b) request a person other than a client to refrain from voluntarily giving information to another party? No.

11) False statements of material fact to court? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

12) False statements of material fact to opposing counsel? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

13) Failure to disclose everything re DSI report to court—false statements to court? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

[Orange1998]

Seems he picked on the wrong person.

[stinkerpot65]

14) False claim that all Meehan oral statements included in his report? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

15) Falsely implying to court that he was not aware of DNA results at start of 12-15 hearing? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

16) False statements to State Bar that privacy concerns played a role in Meehan report? No. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? No.

[hsalaw]

11) False statements of material fact to court? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

12) False statements of material fact to opposing counsel? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

13) Failure to disclose everything re DSI report to court—false statements to court? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

These are the biggies. Lie to the court; lose your license. He's lost his license for sure; don't know about any other penalties.

[MindBender26]

>>>>11) False statements of material fact to court? Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES.

>>>>13) Failure to disclose everything re DSI report to court—false statements to court? . Yes. (b) conduct involving dishonesty, fraud, misrepresentation, deceit? YES

Others range from medium to serious, but Fraud on The Court is the KOD!

By, By, law ticket!

[Cicero]

I was a bit perturbed to see that they didn’t think he lied to the press. But then as I read on down, I see that they say he lied to just about everyone else, including the judge.

So much for his statement yeterday that he did a few things wrong but at least he is not a liar.

[Enchante]

Glad to see he's getting nailed on just about everything, but letting him off on #5 makes no sense as expressed by the DIW blogger: just because #5 cites only ONE deceptive statement to the media rather than others that might ALSO have been cited.... would make more sense to say that the #5 charge was too weak and should ALSO include other statements....... that in no way should exculpate him for the gross deception with the statement about condoms. He was trying to cover in advance for any possible release of info that the DNA tests showed no involvement by the accused -- YES, he was being deceptive, throwing out clouds of ink like a squid...... at the very time when he should have been wondering if there was any reason at all to focus upon the accused rather than the accuser, he was desperately spinning and lying, trying to keep the media lynching going against the accused and Duke lacrosse players in general.

"5) By making misleading statements to media, did Nifong engage in conduct involving dishonesty, fraud, misrepresentation? No. The one statement at issue on this point (possible use of condoms) no worse than certain others that were not alleged to involve dishonesty—such as the statement to the effect that the accused were not cooperating. Therefore, not appropriate to pick out this statement as the worst of the group."

[Noumenon]

Ladies and gentelemen, we have a new Democratic Party Presidential candidate.