Friday, October 27, 2006

Fiction

Nifong asserted that none of the defense attorneys had provided him with the info. on "reciprocal discovery" relating to the evidence of their innocence.

He was quickly corrected by Jim Cooney, Reade Seligmann's co-counsel, who noted that months ago co-counsel Kirk Osborn filed a statement of alibi defense.

Nifong, at the time, asserted that he hadn't read the Osborn motion, because he was too busy to read "fiction."

Sheepishly, Nifong then admitted that he had in fact received the Seligmann evidence. Nothing like the DA making a demonstrably incorrect affirmation to the Court.

16 comments:

Anonymous said...

Incredible. How many times does he get to lie in court?

Anonymous said...

Well, it's Durham.

Anonymous said...

I am glad to see the defense attorneys tightening the noose a
little more around Nifong's lies.
It astounds me he is allowed to continue with the joke of a case.

JackStraw said...

Imagine if you couldn't afford the attorneys these players have, regardless if you are black or white, you would be absolutely screwed. Nifong is shameless as well as incompetent.

Anonymous said...

It is incredible that a presiding judge will allow this farce to continue. Nifong should be given an ultimatum by the court to get on with it or get out of the case. That he maintains that he has not interviewed the accuser in the past 7 months is an absolute lie.

Anonymous said...

His new role as lead investigator may get him kicked from the case. Wonder if he is picking up Linwood's checks now that he is doing his job?

Anonymous said...

All I can say is that if a judge openly permits a prosecutor to lie and does nothing about it, then he is an enabler of crime.

No prosecutor ever has gone to prison for crimes committed during the prosecutorial process, and Nifong will not be an exception. However, the man is a criminal, and a vicious lying criminal at that. Give me John Gotti every time over someone like Liefong.

William L. Anderson

Anonymous said...

I think if Nifong admitted to being a lead investigator in the case, he is no longer immune.

Anonymous said...

In response to 2:12pm:

Did the DA really admit to becoming the lead investigator? I am not doubting you, but this guy parses words like no one since Clinton. It would wonderful news if he did, but I need that verified. We don;t want to give the DA any wiggle room on something as important as his role as lead investigator.

Anonymous said...

I don't know if he actually admitted it. But if he admitted it, he is no longer immune.

Anonymous said...

Would it matter if Nifong admitted to be being lead investigator or not? If he actualy did the work of the lead investigator, would that not put himself in a position of having to step down? Otherwise, how could the defense examine or cross-examine the 'lead' investigator if he is also the prosecutor? (I am not from NC...and do not know the criminal trial rules).

Anonymous said...

At what point will Nifong also be able to appoint himself as the judge in this case?

Anonymous said...

For those of you who want the recent (2006) Supreme Court case talking about prosecutorial immunity, see below:

Prosecutor is absolutely immune from liability for the decision to prosecute. Hartman v. Moore, 126 S. Ct. 1695 (U.S. 2006).

Absolute immunity does not extend to conduct taken by a prosecutor in an investigatory capacity. Hartman v. Moore, 126 S. Ct. 1695 (U.S. 2006).

Anonymous said...

Not only is the presiding judge allowing this to happen. He is slowing down the process as well. I can see no reason why it should take this judge till December to decide on previous motions such as the ones on the warrants and the lineups.

Anonymous said...

If 75,000 readers of KC's excellent reporting mailed copies of today's blogs, along with other excellent material produced by other bloggers, to the director of the FBI, to Attorney General Gonzales, to Gov. Easley, would this help to get those entities involved in this terrible injustice? What is Sen. Dole doing about this?

The Dude said...

While the prosecutor is given immunity from civl action for"his decision to prosecute the case". He is not given immunity from misconduct. There are different levels of misconduct but Nifong seems to rise to the highest level seen in modern times. His deliberate prosection of a case with NO EVIDENCE along with his disregard for the Rules of Discover
and outright lies(if proven) should be easily converted to a violation of Federal Civil rights Law. This is a clear cause of action and the evidence was all provided by Nifong during his press conferences,etc. This guy is an ego maniac and it will not be hard to follow up on civil actions.