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DAs Call for Prosecutor in Duke Lacrosse Case to Step Down
ABC News ^ | December 30, 2006 | LARA SETRAKIAN

Posted on 12/29/2006 10:07:41 PM PST by rawhide

Dec. 29, 2006 — In yet another moral blow to Durham County District Attorney Mike Nifong, the North Carolina Conference of District Attorneys called for the prosecutor to step down from the Duke lacrosse case.

The group, which represents district attorneys from across North Carolina, said in a statement that "it is in the interest of justice and the effective administration of criminal justice that Mr. Nifong immediately withdraw and recuse himself from the prosecution."

"It's extraordinarily unusual and it means a great deal," said Joshua Marquis, a district attorney in Clatsop County, Ore.

The district attorney group also called for the case to be reassigned and handed over to "another prosecutorial authority."

The statement was prompted by charges of ethics violations against Nifong filed Thursday by the North Carolina bar. Those allegations accuse Nifong of making inappropriate comments about the case in a series of press interviews early in the proceedings.

"As prosecutors, we do not try our cases in the media. We do not file charges frivolously," Marquis, who is active in the National District Attorneys Association, told ABC News.

"I do not know what the merit of the charges are, but Mr. Nifong has not brought respect to our profession," Marquis said. "Some of his actions have brought great disrepute on the profession of prosecution."

Under North Carolina state law, there is no rule requiring Nifong to recuse himself from the case, even though he has been charged with ethics violations. But Nifong's critics — including defense attorneys for the three indicted Duke lacrosse players — say Nifong should step down because the ethics charges create a glaring and unavoidable conflict of interest. A prosecutor, they argue, cannot make fair and independent decisions when he himself is in legal hot water.

"My opinion is that this crystallizes the conflict of interest," Thomas Metzloff, a member of the North Carolina bar and professor at Duke Law School, told ABC News.

No sooner than three months from now, Nifong will stand trial before a panel drawn from the bar's disciplinary hearing commission. If that panel finds Nifong guilty of misconduct, he would be subject to punishment ranging from private admonishment to disbarment.


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: asshat; duke; dukelax; durham; durhamdirtbag; nifong
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To: SC Swamp Fox
It's sad commentary on our society that all sports teams and fraternities can't afford to employ reliable and safe whores like the Kennedy family does.

It looks like there is a great "Whore Divide", and we need a government program to help remedy this social unbalance.

101 posted on 12/30/2006 9:50:19 AM PST by Mark was here (How can they be called "Homeless" if their home is a field?.)
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To: DvdMom; Tom D.

Yep, that is why I think all of this is a concerted effort to get Nifong off this case or to drop this case. Probably the bar and the DAs associate privately have been warning Nifong to drop this for months. As you pointed out he has refused the DAs association help. So they have now gone public.

I wonder if Nifong stubornly does not drop the remaining charges by the end of the day Tuesday or Wednesday, if more shoes will drop? I wonder what remaining shoes there are? More bar association charges, but of course as Tom D. pointed out, it might be way too early for NC Bar charges on the conspiracy to hide part of the DNA evidence.


102 posted on 12/30/2006 9:51:40 AM PST by JLS
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To: Mark was here

A war on whores?


103 posted on 12/30/2006 9:51:40 AM PST by sodpoodle (if you can't handle the truth, try satire.)
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To: The KG9 Kid
"I've always wanted to move out of the city back to the country, but it's rural area 'tallest hog at the trough' political monsters holding positions to crush the peasantry that keep me from doing so."

So, what have you done to cause the political hogs a desire to crush you? I really don't understand your post. Seems very paranoid, weak and fearful. I live in rural Louisiana -- a state with a great reputation for political corruption -- but where it is more of a reputation than actual fact (in my area). Anyway, we try to live right and be good citizens and fear absolutely nobody.

What actions have you considered to combat these political hogs? If none, why not? If what you are saying is true something certainly needs to be done.

104 posted on 12/30/2006 10:05:00 AM PST by JustaDumbBlonde
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To: GladesGuru

from that same link:

(I resisted the urge to post it earlier, I must be weak, LOL!)



Guest

Posted: Sun Apr 30, 2006 1:11 pm
Post subject: Ms. ADA what a naughty one we've been

Well Ms. ADA, [Shamieka Reinhart]
Word has it on the street that the reason you see so much honesty in his eyes could it be because of an incident that happened on the 4th floor between you and another employee of the District Attorney's Office. Does that need to come out and how Mr. Nifong swept that under the rug? With any other District Attorney you would no longer have a job. Maybe that's what your so afraid of? Just remember when the door is shut you can't see who's listening.




105 posted on 12/30/2006 10:10:01 AM PST by Protect the Bill of Rights
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To: TommyDale

" Where were all these "concerned" DAs during the past 9 months? "

Many of them have been on tv vigorously defending Nifong.

Norm Early was still defending Nifong with the old
" we don't know what evidence he has "
until just recently.
But, now....
" Norm Early, a former district attorney in Denver who now works with the National District Attorneys Association, said he could not understand why Nifong didn't dump the rest of the case, too."

Woody Vann was always on the courthouse steps defending Nifong's integrity.
But,now...
" Woody Vann, ......is one of the many members of the Durham bar who staunchly defended Nifong's professionalism when the story first broke,
said if the prosecutor had a witness to corroborate the woman's story, it would have come out by now."

Georgia Goslee and Wendy Murphy are still passionate defenders of Nifong .
They still believe that he has evidence " we don't yet know about " and that dropping the rape charges
" is a great tactical move " on Nifong's part and other nonsense.
Murphy believes that there are photos of the " attack " that are being hidden by the defense.
Goslee believes that there has been a big pay off to the " victim " to suddenly buy her silence.


106 posted on 12/30/2006 10:14:43 AM PST by Wild Irish Rogue
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To: sodpoodle
A war on whores?

Naw, the government will just quotas for the Whores to fill.

20% of the Johns will be with out visible means of support.

20% of the Johns will be conventions from out of town.

20% of the Johns will be infected with social diseases.

20% of the Johns will be members of the Bar.

20% of the Johns will be College Students.

Anyway, next thought:

I wonder if any of the accused have any student loans out? Might the money of been better spent paying off a student loan rather than paying for a dancing whore?

107 posted on 12/30/2006 10:32:58 AM PST by Mark was here (How can they be called "Homeless" if their home is a field?.)
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To: abb; All

Time Mag chimes in:

"Is the Duke DA Guilty As Charged?

With ethics accusations swirling around District Attorney Michael Nifong, the prosecutor - and his controversial rape case - may not continue much longer"


http://www.time.com/time/nation/article/0,8599,1573260,00.html


108 posted on 12/30/2006 10:43:01 AM PST by JLS
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To: abb; All

Willimington Journal chimes in:

"OUR VOICE, ''HOW MONEY TRUMPS JUSTICE'', WEEK OF DECEMBER 28, 2006-JANUARY 3, 2007

by EDITORIAL STAFF
The Wilmington Journal
Originally posted 12/29/2006

If you are a Duke Three supporter, be forewarned, your
blood is about to boil.

By now the world knows about Durham District Attorney Mike Nifong’s decision to drop the rape charges against the three indicted players in the Duke lacrosse alleged sexual assault and kidnapping case. With a complete absence of DNA evidence needed to prove the elements required for first-degree forcible rape, along with the reported uncertainty of the Black female accuser, scuttling the charges just made sense, say many legal experts."

More here:

http://wilmingtonjournal.blackpressusa.com/news/Article/Article.asp?NewsID=75096&sID=34


109 posted on 12/30/2006 10:44:46 AM PST by JLS
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To: All

I haven't seen this posted. It's a video tour of Durham by native Mary Katherine Ham titled "HamNation: Tour of Things That Did Not Happen in Durham".

http://townhall.com/blog/g/e9ac3639-fd74-4bfe-bd55-506db5efc826

Aside from being a hoot it actually will give the out of towners a visual on the scene of many events.

HT: John in Carolina


110 posted on 12/30/2006 10:47:48 AM PST by Locomotive Breath (In the shuffling madness)
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To: Locomotive Breath

That is a pretty amusing little video.


111 posted on 12/30/2006 11:01:24 AM PST by JLS
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To: Mark was here

Good question but overlooked in the aftermath.

On a previous post I asked if we knew who hired the strippers and what was the "act" to include. i.e. full nudity, simulated sex acts?

Also commented that the players probably were not behaving as choir boys. But, alas, the fallout from the evening has had unintended consequences for 3 students that will last for the rest of their lives.

Perhaps this is a warning to all would be party animals?


112 posted on 12/30/2006 11:01:28 AM PST by sodpoodle (if you can't handle the truth, try satire.)
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To: TommyDale
They only come forward now, when the case has completely unraveled. North Carolina is the most corrupt legal system and government in America.

We are rat controlled. That is why. I think Jersey would be first but then again we have a lot of Jersey transplants.

113 posted on 12/30/2006 11:07:08 AM PST by JackDanielsOldNo7 (On guard until the seal is broken)
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To: sodpoodle

We know who hired the strippers. We know they took all their clothes of and were covorting on the floor with each other. You would have to go back to look up all these details, but they have been discussed in detail on FR.


114 posted on 12/30/2006 11:40:00 AM PST by JLS
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To: Howlin

LOL. The walls are closing in!


115 posted on 12/30/2006 12:23:18 PM PST by Sue Perkick (Just a water spider on the pond of life.)
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To: JLS
The long and short of it is that Nifong is toast. The next time this comes before a Superior Court judge, Nifong and his entire office will be disqualified from prosecuting the matter.

Once that happens, it all likelihood, the N.C. Attorney General's Office will take over the matter. What happens then is not clear. We cannot rule out the possibility that the strumpet who started this mess will suddenly get more amnesia. She can't be looking forward to getting cross examined by these very good lawyers that these defendants have. It is altogether possible that the AG's office will take what evidence there is, throw it up to a jury, let the defendants' lawyer have their way with the prosecution witness and expect that either the judge will dismiss the case at the close of the State's evidence or that the jury will laugh the woman out of Court. Whoever does get the job of prosecuting this case is bound to sit down with the prosecuting witness and tell her with great relish what she can expect to face on cross examination in an effort to induce amnesia and end the case the easiest way possible for AG's office.

Of course if the AG had any ba**s he would dismiss the charges as soon as he got the case, but I don't think that he is that well endowed. At least he won't hide evidence and he won't be spouting off to every news outlet he can find.

Anyway, back to Nifong. Instead of waiting to get removed from the case, he may see that he has no choice and that he asks the AG's office to take over. I expect that his license may be suspended on the pending complaint against him and he may be disbarred when the other shoe drops. If he continues to prosecute this case, he opens himself up to a third charge of going forward when he has a clear conflict of interest.

Once his license is suspended he becomes disqualified to be the DA or at least functioning as DA. He will either resign or get removed from office.

He will probably go to work for Hillary Clinton then.
116 posted on 12/30/2006 12:40:55 PM PST by Tom D. (Beer is proof that God loves us and wants us to be happy. - Benj. Franklin)
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To: Tom D.
He will probably go to work for Hillary Clinton then.

Or for CNN.

117 posted on 12/30/2006 12:43:46 PM PST by CFC__VRWC (AIDS, abortion, euthanasia - Don't liberals just kill ya?)
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To: Wild Irish Rogue
Murphy also stated on Bill O'Reilly - guest host Malkin - that team member/s witnessed the rape and will testify or something like it. Has anyone asked where Murphy and Goslee get their information? Or are they just delusional?
118 posted on 12/30/2006 12:47:38 PM PST by Dante3
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To: gopheraj

mark


119 posted on 12/30/2006 12:47:55 PM PST by gopheraj
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To: JLS
Disgraceful Nifong should depart | StarNewsOnline.com | Star-News | Wilmington, NC
 

Disgraceful Nifong should depart | StarNewsOnline.com | Star-News | Wilmington, NC

Disgraceful Nifong should depart


Mike Nifong has demonstrated that he is not ethically or professionally fit to prosecute a littering case, much less the sexual assault case involving three Duke lacrosse players.

We know the players are guilty of hiring two strippers for a party. Whether they are guilty of anything worse is something we may never know.

The woman who accused them turns out to be about as credible as the Durham district attorney who sought publicity – during his campaign for re-election – by rushing to prosecute and publicly denounce the kids she picked from of a lineup of player photos.

Nifong dropped the rape charges last week after his chief witness changed her story once again. Yet he refused to drop other charges, some of which carry the same penalties.

If these lacrosse louts broke any laws, they probably will get away with it. No jury in its right mind would believe anything the accuser or Nifong said.

Last week, the director of a lab testified that Nifong talked him into withholding evidence that might help the defense. And there was such evidence. Withholding it broke the law.

Nor was that a surprise. Documents and statements reveal, according to The News & Observer, that “Nifong has repeatedly misrepresented his actions in filings and in face-to-face dealings with judges.”

Hiding behind paper hung over the windows of his office, Nifong issues written statements and refuses to talk with North Carolina reporters. Yet Thursday he gave a three-hour interview to The New York Times.

Nifong doesn’t owe an explanation to the readers of a national newspaper. He owes an explanation to the people who elected him. He owes it to the people of this state.

But he owes them more: his resignation.

 

Forgive me if this has been posted.

Credit to Liestoppers (I think that is where I saw it)

120 posted on 12/30/2006 1:00:15 PM PST by Protect the Bill of Rights
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