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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: Protect the Bill of Rights

Slapdown: (same link)
He-Man
Guest

Posted: Fri Apr 28, 2006 7:05 pm
Post subject: SHAMIEKA L. RHINEHART

Hey Donnie, Thanks for vouching for him!!!
Very Amusing and of course completely unbiased, huh?

"As a young prosecutor in Durham" Ms. Rhinehart, I suggest you start looking for another job. "Your" record in the courtroom demonstrates the unimpressive, unorganized, and inefficient lack of talent the District Attorney has recruited. Its a JOKE!

If you need verification, I'm sure you can locate your nearest Office of the Clerk of Courts......well, perhaps you cant.


61 posted on 12/30/2006 6:59:06 AM PST by Protect the Bill of Rights
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To: Tom D.

Excellent post.

"The grievance committee of the State Bar meets quarterly"

I expect DAs routine work keeps them busy 24/7.

Professional associations in law, medicine etc., are not all social clubs...members are required to perform a lot of pro bono work extracurricularly.. on behalf of their peers and in the public interest.


62 posted on 12/30/2006 7:07:44 AM PST by sodpoodle (if you can't handle the truth, try satire.)
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To: rawhide

DA's are very slow to jump on other DAs. This is big.


63 posted on 12/30/2006 7:08:29 AM PST by SmoothTalker
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To: sodpoodle
The bar complaint dates back to April. It was only revealed this past week. They have known all along that Nifong violated several rules of conduct. There is no rush to judgment here, it is common knowledge that the legal system in North Carolina is corrupt.
64 posted on 12/30/2006 7:09:19 AM PST by TommyDale (Iran President Ahmadinejad is shorter than Tom Daschle!)
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To: JoanOfArk

"The complaint contends the alleged victim had her civil rights violated by lacrosse players' use of racial epithets"

How does an insult equal a civil rights violation?


65 posted on 12/30/2006 7:10:01 AM PST by SmoothTalker
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To: umgud
If this case is reassigned, the new DA won't have any more evidence than Nifong did.

True. But it'll be a lot easier for another prosecutor to drop the case and walk away. It's easier to drop a mess you've inherited than to drop a mess you've made. Or, to use an analogy that might work better, it's a lot easier to pass on a crappy meal you're served than a crappy meal you cooked.,

I think Nifong has painted himself into a corner with no way out.

To say the least. The kindest read on this is that Nifong wagered his credibility on the wrong pony. The most charitable interpretation is that he was blind to the many faults in his so-called case; the less friendly, and more plausible, interpretation is that he willfully ignored the shortcomings in his case for short-term political gain.

66 posted on 12/30/2006 7:10:56 AM PST by ReignOfError
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To: TommyDale

"it is common knowledge that the legal system in North Carolina is corrupt"

ok then that does it for me- not a NC resident.


67 posted on 12/30/2006 7:15:46 AM PST by sodpoodle (if you can't handle the truth, try satire.)
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To: Howlin
I may be the only person who feels this way -- no problem -- but I think the case MUST go to trial, Crystal must appear on the stand for cross-examination, the case must be aired in a completely open forum to the black community and this has got to be a major shot across the bow of anyone who will try to play the system. It will also be necessary for these young men to pick up and restore their lives. Their civil suits, their innocence and the rest depend on a complete airing of this or there is going to be a smell of foul about this. Just my opinion.
68 posted on 12/30/2006 7:20:12 AM PST by Constitutions Grandchild
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To: All
I couldn't get my son to agree to what I'm recommending to the Duke Three, but he should have listened to me. I am sorry for Crystal (as I was for my son's accuser), because she will have to be destroyed completely on cross, but it will be necessary to erase and mitigate the damage -- otherwise, there will always be a Big Al to say, "I know sumthin went on that night." I wouldn't want that over my kid's head after a million dollar defense.
69 posted on 12/30/2006 7:25:52 AM PST by Constitutions Grandchild
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To: TommyDale

" North Carolina is the most corrupt legal system and government in America."

Durham County might be pretty bad but North Carolina has nothing on places like Louisiana.


70 posted on 12/30/2006 7:27:21 AM PST by SmoothTalker
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To: Anti-Bubba182

Da Judge" should be hung at the same time Nifong is hung, and with the same rope - Kilkenny Cats style.

If Judgie-Pooh knows that his old protege is out of line AND either said nothing or did nothing, then he is as guilty as Nifong. A judge sitting on a case has rather substantial powers, amongst whivh is the power to summarily dismiss any charges which he feels are groundless - and this merely by calling for a pretrial conference and expressing "a judicious opinion".

The worst possibility, and probably the most likely one, is that Da Judge knew all along what was occurring and did nothing deliberately.

Hand 'em all.


71 posted on 12/30/2006 7:34:16 AM PST by GladesGuru (In a society predicated upon Liberty, it is essential to examine principles, - -)
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To: Jezebelle
"Activist" Victoria Peterson is too nutty to be made up. Just google her name and have a few hours of good laughs


72 posted on 12/30/2006 7:37:26 AM PST by Zebra
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To: rawhide
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.

A "moral" blow? Is that supposed to be something like a "moral victory", as in "maybe he didn't win, but his cause and his intentions were good!"? I guess I should at least be grateful that the "journalist" put her bias out there in the first sentence, thereby sparing me any need to read further.

73 posted on 12/30/2006 7:41:19 AM PST by CFC__VRWC (AIDS, abortion, euthanasia - Don't liberals just kill ya?)
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To: GladesGuru
The state and county bar associations and other attorney organizations should be drawn and quartered, also.

They kept hands off Nifong as long as they could, but when the public and even some of the MSM recently began making this case too hot to handle, the lawyers are finally, albeit probably reluctantly, stepping forward to get on the train.

If one thinks the House of Lords (the U.S. Senate) is the ultimate mutually-protective Old Boys Club, you are not familiar with bar associations across the country.

Leni

74 posted on 12/30/2006 7:41:59 AM PST by MinuteGal (The Left takes power only through deception.)
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To: rawhide

Toast.


75 posted on 12/30/2006 7:43:10 AM PST by 5050 no line
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To: Howlin
"There sure are a lot of people trying to get out in front of this parade, aren't there?"

If those in the back of the parade look hard enough, they'll see FreeRepublic at the front.

76 posted on 12/30/2006 7:47:02 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: umgud
If this case is reassigned, the new DA won't have any more evidence than Nifong did.

I doubt that there's another prosecutor in America that would bother to continue to press the case. The remaining charges would almost certainly be dropped in short order.

77 posted on 12/30/2006 7:49:45 AM PST by jpl
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To: Constitutions Grandchild
-- otherwise, there will always be a Big Al to say, "I know sumthin went on that night." I wouldn't want that over my kid's head after a million dollar defense.

Hate to say this, but Big Al and Je$$e are always going to be there, saying "sumthin' went on that night", even if it goes to trial and things happen like you say. They'll just add, in that case, that Whitey's system protected these privileged boys and denied a sister justice yet again.

Spreading hate and fear and envy is the only way they can keep the money rolling in so they can afford their limos and their $3,000 suits and their expensive mistresses. And unfortunately, there are plenty of fools in the black community who will gobble up what they peddle and ask for more.

78 posted on 12/30/2006 7:51:54 AM PST by CFC__VRWC (AIDS, abortion, euthanasia - Don't liberals just kill ya?)
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To: sodpoodle
With all due respects, sodpoodle, America has been so abuse by its lawyers, both defense and prosecutors, adn those on the bench busy channeling the late, unlamented Judge Roy Bean, that they despise and fear both lawyers and the courts.

How long this Republic can stand when the citizens feel that way about the judicial branch is debatable. But, posting a puff piece about how Nifong worked his way up, followed by a plea to allow the lawyers to take their time does raise questions as to motivation on your part.

Just what of a "speedy trail" do you disagree with?

Once the data was made public about the withholding of exculpatory evidence (A FELONY, BY THE WAY! ! !) on the part of Nifong and his subordinates, criminal charges should have been filed.

To suggest that Nifong and his fellow "brothers in the law" be given many months to do to Nifong what would be done in a day or two to any citizen is to argue that lawyers are above the law and entitled to special treatment when the criminal acts come to light.

The de facto result of your argument is that Nifong would be given many months for his dastardly deeds to be forgotten by a compliant media and a legal profession not known for either ethical/legal behavior or a willingness to weed out the criminal amongst their profession.

Sorry. That dog don't hunt.

This entire case is a clear and concise argument for removal of prosecutorial immunity.

It is also a clear example of why America should enact laws doubling the penalties for any member of the Bar or any law enforcement officer who breaks the law in the course of their job.

Those to whom we delegate substantial power must be held accountable according to the severity of the trust they betrayed by their criminal acts.
79 posted on 12/30/2006 7:57:25 AM PST by GladesGuru (In a society predicated upon Liberty, it is essential to examine principles, - -)
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To: Protect the Bill of Rights

"However, not voting for Nifong would set justice
for Durham County back 50 years or more."

In Durham County, the blacks now control the
City Council and Mayor's office, School Board,
Police Department, all the city agencies, and
on and on. With the promotion of Hardin to Judge,
the DA election became the opportunity to finally
complete a takeover of the Courthouse.

This complete control of the city and county puts
Duke University in quite a vise. Give them time-
looks like they already have Brodhead.


80 posted on 12/30/2006 8:01:57 AM PST by xoxoxox
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