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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: abb

http://wral.com/news/local/story/1123262/

Pressure Builds on Nifong as Full DA Term Begins

Posted: Jan. 1 4:16 p.m.
Updated: Jan. 1 6:55 p.m.
Durham — Mike Nifong will be sworn in Tuesday for a four-year term as Durham's district attorney. But the intense scrutiny he has received from the Duke University lacrosse case leave some wondering whether he will be able to finish the term.

When Gov. Mike Easley appointed Nifong district attorney in 2005 to replace Superior Court Judge Jim Hardin, Easley noted Nifong's solid commitment to the office and to the people of Durham. But nearly two years later -- in the midst of one of the most high-profile cases in Durham history -- many question Nifong's judgment and his integrity.

"He's probably under more pressure now than ever before," North Carolina Central University law professor Irving Joyner said. "You have three of the best defense attorneys in the state shooting after him, and you have the state bar that's filed a complaint about his conduct."

(snip)

In recent years, the State Bar itself has been criticized for handing out what many equate to slaps on the wrists for prosecutorial misconduct. Because of that, some believe the group could use Nifong as an example and disbar him.

They question if Nifong will still be DA when his four-year term is up.

Joyner said he doesn't see it that way.

"The State Bar is not the place you make an example of someone. The State Bar is there to protect the public and protect the profession and the protect the professionals within the bar," he said, adding that he would be surprised if the group moves for disbarment.

Joyner said he doesn't see the lacrosse case as one that will ultimately define Nifong's career. Once the Duke case is dealt with, he said, Nifong will be judged on how he handles the everyday duties of his office.

* Reporter: Julia Lewis


341 posted on 01/02/2007 3:52:53 AM PST by maggief
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To: supercat

I don't disagree that if the motion to toss the photo line-up IDs is granted, it's likely the other issue of the in-court will be also granted, but it's not automatic. The question calls for a separate ruling.

Right now this case is mostly about procedure and the fact that the two forms of identification are separate is an important distinction.


342 posted on 01/02/2007 3:55:38 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: abb

If Shadee ever gets a job, it won't be for either her analytical or writing skills.


343 posted on 01/02/2007 4:00:39 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: All; gopheraj

Does anyone know whether or not after Nifong gets sworn in today and then gets disbarred, does he still get a pension of any kind? I would hope that if he is found guilty of what he did then he shouldn't be getting any kind of money from the state.


344 posted on 01/02/2007 5:13:54 AM PST by gopheraj
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To: gopheraj

Don't know, gopheraj. The disbarment prolly wouldn't cause forfeiture of his pension, but if he's convicted of a felony, it might.

Here's the NC site.
http://www.treasurer.state.nc.us/dsthome/RetirementSystems


345 posted on 01/02/2007 5:18:55 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: maggief

It's 8:26.

Did they do the dirty deed?


346 posted on 01/02/2007 5:27:36 AM PST by Protect the Bill of Rights
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To: abb

From Gaynor:

Ms. Cannon, I have a few questions for you.

Yes, Ms. Cannon, I really do.

First, about his interest in prosecuting Elmostafa, cab driver and alibi witness, did Mr. Nifong tell you to lie?

Second, if so, how can you live with yourself, how can you sleep at night, if I may pry?

Third, did you tell your colleague and friend A.D.A. Phyliis Trachese that Mr. Nifong told you to lie?

Fourth, if so, as to your hospitalization after the cabbie's acquittal, will you tell the world the real reason why?

Fifth, would you rather take a polygraph test or, Fifth Amendment rights, assert?

Sixth, do you think career advancement worthwhile when innocent people get hurt?

For your answers, Ms. Cannon, my breath, I won't be holding,

As, the Duke case denouement, I continue to watch unfolding.

Michael J. Gaynor

* Ashley lies? hospitalized? the conspiracy widens.


347 posted on 01/02/2007 5:27:55 AM PST by xoxoxox
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To: xoxoxox

Ashley's story: A very important and little investigated sideshow of the Big Story, doncha think?


348 posted on 01/02/2007 5:30:48 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Jezebelle
I'm thinking I remember that the motion to suppress the lineup was submitted some time ago while the motion to suppress in-court identification was introduced just before the Dec 15 hearing because it was discussed then. Just what I remember.
349 posted on 01/02/2007 5:33:26 AM PST by Locomotive Breath (In the shuffling madness)
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To: abb

Nifong swearing-in becomes private

By Ben Niolet, Staff Writer, N&O, Jan 02, 2007 08:34 AM

DURHAM - The swearing-in ceremony for embattled Durham District Attorney Mike Nifong apparently took place inside the Durham County Courthouse this morning while the press and other observers stood outside on the courthouse steps.

The ceremony was scheduled for 8 a.m. But the courthouse doesn’t normally open until 8:30 a.m., and a sheriff’s deputy told reporters and others that the doors would remain locked until then.

Nifong, who kept a low profile for the first 27 years of his career as a prosecutor in Durham, is now nationally known for his involvement in the sexual assault case against three former Duke University lacrosse players. The players deny accusations that they assaulted an escort service dancer at a party.

The swearing-in ceremony comes a week after the State Bar accused Nifong of ethics violations for his early public statements about the Duke lacrosse case. The agency regulates and licenses lawyers.

Nifong, appointed Durham District Attorney by Gov. Mike x in 2005, was elected to a four-year term in November.

http://www.newsobserver.com/100/story/527815.html


350 posted on 01/02/2007 5:41:15 AM PST by xoxoxox
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To: xoxoxox

The coward can't even show his face now in what is supposed to be a public event.

I hope those who voted for Nifong are pleased with the result.


351 posted on 01/02/2007 6:23:26 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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To: abb
"as Duke students we still feel indebted to-connected to-these "big men on campus."

The players would probably trade indebtedness with you. Their families are indebted to the tune of 80 thousand a month, for each player, for the last 10 months.

352 posted on 01/02/2007 7:01:45 AM PST by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: Jezebelle

From Durham in Wonderland:

On the spot report from Jon Ham:

Nifong has private ceremony, no media allowed

"Durham DA Mike Nifong was indeed sworn in this morning at 8 a.m. in the Durham Judicial Building. The only problem is the building does not open to the public until 8:30 a.m. Consequently, a gaggle of upset media types were stuck outside until the ceremony was over. At 8:03 a.m. there was a bit of excitement when a deputy opened one of the doors and said, “Come on in, cameras in hand.” But he was shouted down by two other deputies who yelled, “Don’t let them in.”

"At about 8:10 a.m. Sheriff Worth Hill made an appearance on the other side of the glass doors and mouthed the words, “It’s over.” Then, at 8:25 a.m., the media was let in. We rushed up to Nifong’s office on the sixth floor but he wasn’t there. We learned he was in a courtroom on the fifth floor watching judges get sworn in, so we trooped down there."

"It's over" - isn't that what they say after an execution has been carried out?""


353 posted on 01/02/2007 7:26:56 AM PST by Crawdad (Is this thing on?)
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To: xoxoxox; Protect the Bill of Rights; abb; All

Nifong sworn in for another term
Updated: 1/2/2007 10:30 AM
By: Associated Press

Mike Nifong gained national attention recently as the lead prosecutor in the rape case involving three members of the Duke University men’s lacrosse team.
Mike Nifong gained national attention recently as the lead prosecutor in the rape case involving three members of the Duke University men’s lacrosse team.
DURHAM -- The embattled prosecutor of three Duke University lacrosse players accused of sexually assaulting a stripper was sworn into office Tuesday at a private courthouse ceremony.

Reporters weren't allowed to see the 8 a.m. ceremony for District Attorney Mike Nifong and were barred from the building until it opened at 8:30 a.m. Durham County Sheriff Worth Hill confirmed the ceremony had taken place.

After the building opened to the public, Nifong said he scheduled the ceremony early so his assistants could attend and it wouldn't interfere with the work day.

"The whole point of this was this was not a media event," Nifong said. "This was an event that was required of us so we could get back to work and do our jobs. The message we tried to send was this: This is 2007. We're here to do our jobs. We're not here to basically help you guys sell newspapers or press coverage."

(snip)

http://www.news14charlotte.com/content/top_stories/default.asp?ArID=132418


354 posted on 01/02/2007 7:55:31 AM PST by maggief
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To: maggief
"The whole point of this was this was not a media event," Nifong said. "This was an event that was required of us so we could get back to work and do our jobs. The message we tried to send was this: This is 2007. We're here to do our jobs. We're not here to basically help you guys sell newspapers or press coverage."

Thanks maggie. How ironic coming from the guy who gave 70 interviews before his hoax was revealed.

355 posted on 01/02/2007 8:15:50 AM PST by Neverforget01 (Kerry supports the troops by insulting them)
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To: Neverforget01

He is snubbing the same MSM that he used to get himself elected.


356 posted on 01/02/2007 8:25:30 AM PST by maggief
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To: All

Link to new thread
http://www.freerepublic.com/focus/news/1761289/posts?page=32


357 posted on 01/02/2007 8:44:36 AM PST by abb (The Dinosaur Media: A One-Way Medium in a Two-Way World)
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To: Locomotive Breath

The original motion to suppress the photo array ID filed last summer included a suppression of in court IDs. The new motions recently filed is just said to be an improved version of the old, improved by knowledge and details of Nifong's shananagans in the case.


358 posted on 01/02/2007 8:52:15 AM PST by JLS
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To: maggief

What a yellow bellied coward.

IIRC, an article last week mentioned his office windows were covered in paper.


359 posted on 01/02/2007 9:36:34 AM PST by Protect the Bill of Rights
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To: maggief
What a yellow bellied coward.

IIRC, an article last week mentioned his office windows were covered in paper.

"This was an event that was required of us so we could get back to work and do our jobs.

Shades of taking care of "the people's business."

360 posted on 01/02/2007 9:37:51 AM PST by Protect the Bill of Rights
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