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To: Jezebelle
I lived in NC from '84 to '89. My wife served on the Grand jury, that would decide if there were sufficient evidence that a crime was committed. So, unless there have been changes made since, I believe you are in error.

That said, several things were learned.

(1) a Grand Jury could indict a ham sandwich if it wished

(2) The Grand Jury did not hand down indictments 100% of the time

(3) Don't live in trailer park.

In the Duke case, I think they boys were just having a typical jock party, and misbehaving as ~20 year olds are inclined to do. There is no evidence I have seen so far that would convert the slander they have received into fact.


As for Nifong, I think he took action on this case just like any other case (we fight like we train). An enterprising reporter might dig and find other cases of prosecutorial abuse...


C.W.
365 posted on 01/03/2007 8:16:02 PM PST by colderwater
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To: colderwater; Jezebelle
I believe you are in error.

It would help, if you would specificy the error you believe Jezebelle made. I believe she is correct that going to the Grand Jury avoids having a probable cause hearing in NC. She is also correct their is no record of evidence heard by the Grand Jury.

Perhaps you mean she is incorrect that NC has a probable cause hearing available. NC does have a probable cause hearing route, but not if a DA seeks an indictment by a Grand Jury. So she was correct on this point. That is why Nifong went the Grand Jury route? Alternatively maybe you are talking about the fact that DA's are ethically bound to present known exculpatory evidence to Grand Juries. That is true and Nifong broke that cannon of ethics too or avoided it by avoiding hearing exculpatory evidence, but that does not change the fact that a probable cause hearing would have cured this ethics violation by Nifong were a probably cause hearing available to defendants indicted by a grand jury.
366 posted on 01/03/2007 8:39:22 PM PST by JLS
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To: colderwater

What, exactly, am I in error about?

As for Nifong's prosecutorial history, he probably has done something like this before, only less egregiously and less obviously, and, on the other side of the coin, has probably also demonstrated laziness and sloppiness in other prosecutions.


391 posted on 01/04/2007 2:25:18 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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