Wednesday, December 20, 2006

Closing In

For the past several months, even as its reporters have broken story after story about Mike Nifong's misconduct, the editorial page of the N&O has remained silent, except for an unfortunate op-ed by editorial page director Steve Ford.

This morning, however, the board published an editorial criticizing Nifong. The closing sentence summed up the editorial's message: "But the more information that comes to light, the more questionable [Nifong's] conduct and judgment appear."

Also, UNC law professor Joe Kennedy spoke out forcefully against Nifong to WRAL, saying that Nifong should be removed from the case and that "his actions with respect to nondisclosure of this DNA information needs to be investigated."

Kennedy's background is that of a strong civil libertarian: he's a former public defender and homeless center advocate who has published on racially disparate sentencing in drug crimes.

The voices of outrage, in short, continue to swell.

97 comments:

Jack Straw said...

As someone mentioned on another comment, now that the tipping point has been reached, the media will flip and have nothing positive to say about Nifong. When Meehan admitted he withheld evidence at the instruction of Nifong, the hoax was finally exposed clearly enough for the dim bulbs running the newsrooms to pounce on it. It's all over for Nifong but the shouting.

Anonymous said...

Chicago writes:

The walls are closing in on Nifong. At some point he is going to crack.

However, part of me thinks he is so full of himself he loves all this attention. Whether good or bad, he seems to eat it up. He always has that shit eating grin/smirk on his face.

He is a disgusting man. I think his wife must be a puppet if she puts up with her family being dragged through the mud like this by him.

also, I would be very interested to know where Precious has been the last 9 months. I swear it seems like she is being held capitive against her will. I am not saying that she is not to blame, but it seems like Nifong has almost kidnapped her so that some how she can be muzzled.

Anonymous said...

Except at the Durham Herald Sun.

Jack Straw said...

(I should have mentioned, the media reaching this understanding is due in no small part to the patient explanations and clarifications of KC Johnson. His body of work on this case is certainly read by every editor or pundit who is considering whether to make a statement about the case - you can see his phrasings and explanations show up in the writings of others.)

Anonymous said...

11:13-

Exactly. The HS will NEVER stop bending over for Nifong. However, they will get there's when they go out of business. I would hate to be an ad sales person for them right now. The N&O will swallow them up. the Triangle isn't big enough for two papers anyway.

Anonymous said...

At one point last summer someone had tracked down CGM to Charlotte either "escorting" or stripping down there. I wonder how she supported herself once she got too big for a "working girl".

GPrestonian said...

11:13 & 11:29 Anon:

"The HS will NEVER stop bending over for Nifong."

Heheh, Crytal Mess has their positions reversed, calling Ashley a shameless brown lipped media shill.

But I think he's being too kind - reminds me of the 3 Stages of Ass-Kissing:

1) - brown nose

2) - fudge face, and

3) - chocolate head

Methinks that Ashley has discovered a fourth stage!

Anonymous said...

I love the commentators who say a "trial is needed to clear their names." Why dont they pay for it?

GPrestonian said...

KC:

Another great blog entry!

Loath as I am to pile on when someone does an about-face & starts getting things right from an editorial perspective, I'm still stunned and discouraged by the amount of misinformation in this editorial, to wit:

"The latest such report cited court testimony Friday by Brian Meehan, director of a Burlington laboratory, to the effect that Nifong knew that DNA tests on evidence gathered from the accuser's body and underwear failed to implicate any of the Duke athletes."

No, as someone else pointed out on another blog, this wasn't the Friday bombshell - everyone should have already known this since at least May 12 if not earlier.

The stunning revelation on 12/15 was that there was evidence of 5 other males, none of whom are on the Duke Lacross team, in her panties and orifices (orifi?? :) of the nether persuation.

And that Meehan & Nifong had conspired to obscure or hide this information.

Also:

"It was only in September, in response to requests by the defendants' lawyers, that the full report from Meehan's firm was made available to the lawyers."

No, the September hearing was the one at which the Judge ordered the DA to turn over the entire DSI DNA testing file, over the strenuous objections of Meehan & Nifong. Nifong called the request a 'witch-hunt'.

It wasn't until the October 27 hearing that Nifong reluctantly handed over the documents.

Anonymous said...

"It wasn't until the October 27 hearing that Nifong reluctantly handed over the documents. "

At that, he handed over a pile of something like 1,800 pieces of paper, hoping that nobody would go to the effort of going through the documents page by page.

GPrestonian said...

Having said that in 12:07, I am very pleased to see this editorial from the N&O!

Closing in, tipping point, all of the above - this is good news that a local rag has come out so strongly about this case!

Anonymous said...

Right. Not until October 27, and the info was buried (as I understand) in thousands of pages of other "stuff"...just enough "stuff" to keep the Defense busy and prevent them from finding the bombshell before the election!

Nifong's no dummy. Evil, yes; dumb, no.

GPrestonian said...

12:14 Anon:

"At that, he handed over a pile of something like 1,800 pieces of paper [that did not include a complete summary report], hoping that nobody would go to the effort of going through the documents page by page."

Good point, and what's more, Nifong didn't provide Cliff Notes!! Why, I orter slap that self-congratulatory smirk right offa Ashley's face for that remark. What a 'brown lipped media shill' indeed!

Anonymous said...

from a non-lawyer: Kennedy, the UNC law professor, correctly points out the conflict of interest Nifong has. He is potentially facing losing his law license, as well as potential civil and criminal liability. Nifong is cornered and he has to drag this as long as he can to protect himself. Maybe the tipping point has been reached, but I fear that this sorid and malicious prosecution could drag on for months.

GPrestonian said...

12:26pm from a non-lawyer:

Quite right, from a non-lawyer. Nifong's a wounded animal, and therefore still quite dangerous.

Anonymous said...

Holiday Wishful Thinking:

1. The defense has been approached by numerous credible witnesses that have overheard or listened to CGM flatly recant her accusations.

2. Numerous PR reps have been contacted by same.

3. Some of same have actually contacted Nifong's office in an attempt to present exculpatory evidence.

4. By January 1, 2007 a google search of "Duke Rape" will prompt the query "Did you mean Duke Rape Hoax?"

bill anderson said...

As I have been saying, all new revelations in the future are going to benefit the defense, not the prosecution. It seems that the "two new eyewitnesses" that the Durham street was predicting did not come through.

There simply is no case, and Nifong is not going to be able to manufacture any more "evidence." What's more, I can guarantee you that the "victim" here has left a trail of evidence that contradicts what she claims. This is in addition to what we already know.

Anonymous said...

One would think that the Durham County and City elected officials have to be carefully pondering how much cash they will have to come up with to settle each of the liability claims X 3. Has anyone heard any public discussion by these groups on their upcoming new cashflow needs. If NC has caps on municipal liability settlements, they likley will not apply here as these would be federal civil rights violations filed in federal court.

Anonymous said...

At the very least the boys legal fees will be ordered to be paid...these must huge amounts and the trial is still a long way off.

Anonymous said...

From a non-lawyer: Will the judge in Friday's hearings take any further action and / or make any rulings before the February hearing? Or are we just on a holding pattern until the February hearing?

Anonymous said...

to Bill at 108: I don't mean to quibble, but I can't think of any revelations in the last 6 months that helped the AV and Nifong.

Anonymous said...

I saw on another post that legal fees will run well over $1 million...I guess durham county property tax payers will be seeing a special assessment soon!!!

bill anderson said...

You are right! The wad was completely shot the first week!

Anonymous said...

Wonder if Nifong has transferred title on any assets where he has an ownership interest into his wife's name?

duke09parent said...

I would expect no further rulings from the judge until the Feb. 5 hearing, or even for a couple of weeks thereafter. I don't believe there is a motion to dismiss pending. The defense will wait at least until the transcripts of the last hearing are available so that Meehan's testimony can be quoted. They may wait until the judge rules on the motions to supress the ID's. The judge is not likely to do anything "sua sponte" (on his own initiative). Even a finding of contempt of court for falsehoods to the tribunal would likely need a separate hearing.

Anonymous said...

to duke09parent

thanks for the information.

from the non-lawyer

duke09parent said...

Another point: The judge will not likely dismiss the case without having written his opinion on it before he announces it. With so much attention to the case, he will not want to be misunderstood from an extemporaneous announcement from the bench. He is likely going to want to include something from the testimony on 2/5 as part of that opinion, which is why I predict we won't have a definitive result on that date. (Unless, of course, the complaining witness is a no show.)

huesofblue said...

$1 million might even be on the low end of the spectrum.

If one lawyer for each of the three accused bills an average of 25 hours a week for 50 weeks at $300 an hour (this is around what a first year associate bills at a big firm in NYC, so the rates might even be higher for the elite NC partners here), you'd already have an agregate bill of $1.1 million. But once you throw in the DNA experts (who have had to review thousands of pages of test results) and the doctors to examine the SANE filings, and the pollsters collecting data on durham jurors, Jury screening experts, travel expenses, copy costs, filing fees, ect. these poor families could be shelling out a whole lot more.

huesofblue said...

$1 million might even be on the low end of the spectrum.

If one lawyer for each of the three accused bills an average of 25 hours a week for 50 weeks at $300 an hour (this is around what a first year associate bills at a big firm in NYC, so the rates might even be higher for the elite NC partners here), you'd already have an agregate bill of $1.1 million. But once you throw in the DNA experts (who have had to review thousands of pages of test results) and the doctors to examine the SANE filings, and the pollsters collecting data on durham jurors, Jury screening experts, travel expenses, copy costs, filing fees, ect. these poor families could be shelling out a whole lot more.

huesofblue said...

$1 million might even be on the low end of the spectrum.

If one lawyer for each of the three accused bills an average of 25 hours a week for 50 weeks at $300 an hour (this is around what a first year associate bills at a big firm in NYC, so the rates might even be higher for the elite NC partners here), you'd already have an agregate bill of $1.1 million. But once you throw in the DNA experts (who have had to review thousands of pages of test results) and the doctors to examine the SANE filings, and the pollsters collecting data on durham jurors, Jury screening experts, travel expenses, copy costs, filing fees, ect. these poor families could be shelling out a whole lot more.

Anonymous said...

I love the commentators who say a "trial is needed to clear their names." Why dont they pay for it?

Because that liability belongs to the idiots that elected Nifong.

huesofblue said...

Apologies for the triple post. I'm writing from a blackberry instead of a real computer.

Victim in Massachusetts said...

houseofblues: I just did the math so far the legal bills are 2.16M for all three young men together.

Remember it's $80,000 a month per young man. Times Nine months so far, and a trial date has not been set yet. If these were in my state this would have been over 3 months ago. Either way.

Hey said...

HuesOfBlue: $1M is very much on the low side. We're talking many lawyers per player, with a number of them being senior NYC practitioners, as well as the senior NC criminal lawyers and then all the associated that need to handle random 1800 page discovery drops, detective fees, simply monstrous amounts of case reading (they'll be reviewing every serious case Nifong was ever involved in)...

Thankfully the kids have resources, the Duke LAX and wider LAX community is helping, and all involved are aware that this money is more than coming back to them from state and federal suits. If you think that contingency fee trial lawyers are ravenous wolves, ponder the idea of a contingency fee criminal lawyer whose every effort increases the size of the civil judgement that will pay his bills. Simply gallons of blood in the water to entice the piranhas.

bill anderson said...

Liefong is going to have to bust a lot of rocks to pay some legal fees. Guess the taxpayers of North Carolina are going to be dunned in the future.

I can only hope he is in litigation hell for years to come.

Anonymous said...

Perhaps someone has already made this point: If Nifong actually believes that a rape occurred and the DNA evidence discloses material from 5 unidentified males, shouldn't Nifong be searching for the 5 unidentified rapists who pose a danger to the community. Nifong's conduct seems inconsistent with a belief that the dancer was a victim of a rape. Am I missing something?

Anonymous said...

Duke09, remember Nifong's ability to obstruct and obfuscate. The Feb 5 date is conveniently close to the apparent due date of the AV. Therefore, when Nifong shows up without her because she is perinatal, he'll get a further continuance on producing her for questioning.

Anonymous said...

I am curious whether the Judge can dismiss the case on its merits based on prosecutorial misconduct. It is not uncommon that certain evidence might be suppressed based on misconduct and this will likely occur with the photo line-up. Also, I know that a judge can declare a mistrial based on misconduct in the presence of the jury and double jeopardy bars a new trial. I cannot recall cases, however, where an entire case is dismissed based on prosecutorial misconduct. Does anyone know the law of this issue?
Perhaps a more likely scenario is that Nifong is removed by the Judge from the case and his replacement dismisses it. Even so I cannot recall past incidents of this type of scenario unfolding. Might this be an appropriate contempt sanction for lying to the court? The judge could also remove him based on a conflict of interests arising from Nifong's potential civil liability for misconduct. Anyone have ideas?

Anonymous said...

to 236: you are not missing anything. puzzling behavior on the part of Nifong and police if you believed a rape occurred. On the other hand, their behaviour is more consistent with framing 3 Duke players, or what is now termed the hoax. just my opinion.

Cedarford said...

The stunning revelation on 12/15 was that there was evidence of 5 other males, none of whom are on the Duke Lacross team, in her panties and orifices (orifi?? :) of the nether persuation.

Not to quibble too much, but "the 5" does not count the boyfriend - Murchinson, who was identified as (one) source of semen in and on CGM earlier.

So she walked into her rape exam with 6 men's deposits in or on her, but none of the 46 Duke student's.

Wonder if Nifong has transferred title on any assets where he has an ownership interest into his wife's name?

Excellent question! As I understand it, the Feds laugh when they see efforts like with Enron execs once under suspicion to transfer assets to family members...they tie it to the fraud and pull the bucks and assets away despite the efforts.

Basically, it's a "We know what you did, your facing 10-20. Give up your 3 vacation homes you transferred to your wife's name once you knew we were looking or you will get the full 20 year sentence. Plus and additional charge of defrauding the state of legally ordered compensation."
****************************
Aside from the focus on Nifong..keep in mind that in the eyes of the law, Himan and Gottlieb may be equally liable for possible civil rights violations. So both may be removed from field work and assigned desk duty pending investigation.
I do hope that if their world comes crashing in and chickens come home to roost that none of the 3 takes the path of the warden in The Shawshank Redemption. Gottlieb...hear that? Try the German defense..just following orders from Nifong and the Town Manager.
*********************
Talk of costs may be premature, but aside from the direct legal fees of the 3 accused, you also have Durham exposure from the 43 other Duke players. Duke has exposure for forcing the 46 accused to take additional legal steps and expenses due to a hostile atmosphere Duke Administration was partially responsible for inculcating.

Add in the legal expenses of Pressler and Duke itself.

Then get past the legal bills and begin to consider damages - lost job offers for several of the 46 Lacrosse players, loss of one academic school year for 2 of the accused. The 2nd stripper may have cause to sue for loss of reputation, being intimidated in how her parole status was handled into saying a Nifong-friendly version of events. And you have potential lawsuits by the taxi driver for witness intimidation.

And lawsuits that may not be directed at Durham but at Duke (did or did not the Gang of 88 act under authority of Duke in defaming the reputations of 46 students?), Crimestoppers Inc. for the Wanted Poster, the stripper's estate (ha!). And suits directed at Meehan's business and personal wealth for participating in a conspiracy. New Black Panther's party and NAACP for defamatory statements and civil rights violations..
And you also have to figure that when you set a fire, all sorts of other stuff you don't know about creeps out of the brush to do pile-on lawsuits.
CGM herself is likely to sue Durham for destroying her ability to get work. Any past Duke students whose rapes were swept under the rug to avoid bad PR for Duke.
Could be the Second Act will be showing the tort system at it's worst.

Anonymous said...

How long before some lawyer in another case begin asking Gottlieb about the duke lineup and the DNA lab visits in order to place doubt on his handling of evidence in other cases?

Anonymous said...

I thought that I had read on one of the blogs that all of Nifong's property is already in his wife's name. A CYA move made some time ago, but they are not wealthy people. Wonder how long Cy will stand by her man??

Anonymous said...

2.36

The DNA in her (only pair) panties was possibly not rapists but paying clients who she had sex with on the same day as she performed for the lads?

Imagine all that filth in her,on her and and on her clothing.

So, with the 5 paying clients and the boys payment she made an awful lot of money for one days work x 365 !!

I really do hope the IRS will be auditing her and that she has a large back tax bill to boot along with a civil liability payment!

TS

Anonymous said...

My understanding is that none of Nifong's assets are in his name & that this is not a recent change...

Anonymous said...

There are some unsavory comments from a few Democrats floating around about the fact Republicans in office are calling attention to and potentially investigating Mr. Nifong's misdeeds. I am sure it is not helping this foolish line of thinking that Fox News has paid close attention to the case. I suspect these complainers are deeply ignorant about the facts of the case. However, it would be lovely if a couple of respected, well known, and well informed Democrats could find their voice here. It sounds perversly comical, but some have ventured to call the DOJ's investigation of an active case "obstruction of justice." More appeal to various forms of tribalism is about the last thing needed now. Education, critical thinking, and deep concern for the common good could go a long way.

Thanks to all public (and private) figures who have thoughtfully commented on this case. And thank you K.C. Johnson for your amazing work.

Observer

Anonymous said...

As I understand it, an NC judge can dismiss the charges as a sanction for prosecutorial misconduct. Although the dismissal sanction is available, it is rarely used. If the judge is inclined to do it in this case, he would probably prefer to wait on a motion from the defense (which is probably being prepared right now), rather than ruling sua sponte.

Anonymous said...

Precious suing the City of Durham for interfering with her ability to get work?? Good luck with that!

Anonymous said...

from non-lawyer:
to observer at 405
Susan Estrich's piece on Fox News is titled "Duke Justice Demands Nifong's Removal" on 12/18/06. She was the campaign manager of Michael Dukakis.

Victim in Massachusetts said...

If the US Department of Justice doesn't step in now and fast then, I think they should just close down the DOJ.

End AA and let all people stand on their own to feet. I am tired of them playing the race card everytime something doesn't go there way.

This is one sick country we now live in now. Yes I am angry about what is going on. If mr. DOJ man did his job and stopped being so PC this country couldn't be in the mess it is in today.

Gordon Marock said...

Nifong was exactly right to claim that the defense's request for the raw DNA data being a "witch hunt." Lo and behold, we discover two withces, Nifong and Meehan, cackling over their putrid cauldron of deceit.

bill anderson said...

Witch hunt? I had not realized Nifong had made that statement. How is the search for truth a "witch hunt"? What sheer arrogance! The man has no conscience whatsoever.

And VIM, believe me, has spoken from the heart.

Anonymous said...


And lawsuits that may not be directed at Durham but at Duke (did or did not the Gang of 88 act under authority of Duke in defaming the reputations of 46 students?), Crimestoppers Inc. for the Wanted Poster, the stripper's estate (ha!). And suits directed at Meehan's business and personal wealth for participating in a conspiracy. New Black Panther's party and NAACP for defamatory statements and civil rights violations..
And you also have to figure that when you set a fire, all sorts of other stuff you don't know about creeps out of the brush to do pile-on lawsuits.
CGM herself is likely to sue Durham for destroying her ability to get work. Any past Duke students whose rapes were swept under the rug to avoid bad PR for Duke.


Yeah, I imagine that Duke's lawyers are considering resignation or suicide about now.

bill anderson said...

My guess it was the Duke lawyers who came up with the talking points of "the lacrosse team made us do it."

Interestingly, the lacrosse families have never wanted to hurt Duke University, and some have told me that they have no intention of suing Duke. This business is not about money; it is about restoring the names of people unjustly accused, and of Duke having to own up to its role in this sorry affair.

Liability is vicarious, and the Gang of 88 was acting within its employment at Duke, so any actions that the Gang did that might carry liability would automatically mean Duke is liable.

Anonymous said...

Duke has deep pockets, if they can be sued in this case they will be. Many lax players lost job offers, 2 of the 3 Dukies lost a year of school. The 88 can be sued seperate from Duke U. as well.

theman said...

If the feds step in now that would be a "obstruction of justice"

WJD said...

I didn't realize that Nifong stated that the defense was on a witch hunt. Isn't that what Nifong and the DPD have been on since March.

GPrestonian said...

4:44pm Bill Anderson:

"Witch hunt? I had not realized Nifong had made that statement."


Oh yeah, Bill, when Nifong's scrambling to avoid turning over the entire DSI DNA testing file at the September hearing, it's a witch hunt!

See Anne Blythe's 9/22 "Coveted details in lacrosse case stay under wraps" N&O article which I found from Crystal Mess' 9/22 "Nifong The Propagandist" post.

Heheheh, gotta love the pic ND used! ;>)

Victim in Massachusetts said...

The Man there is now a second state rep calling for Nifong to be investigated. His anme is Stephen LaRoque.

newsobserver.com/102/story/523377.html

So I guess Nifong is going to take down the entire state of N.C., and your going to be proud of that?

Anonymous said...

ignore theman

Anonymous said...

Next revelation: the paternity test on the AV's child reveals Nifong is the daddy. Just sayin'...

theman said...

Don't you people realize that if you go after Nifong that is interference with a investigation. No matter who or what it is.

GPrestonian said...

5:16 VIM:

Is Stephen LaRoque the 2nd State Rep? I was thinking he's the first, the guy who wrote the letter(s) to DOJ, Jones??, is a Congressman.

id said...

Regarding some of the posts about whether Nifong is stupid or not.

My take is that he was molded in the form of the old populist southern democrats (similar to Huey Long, Wallace, Thurmond, LBJ, Clinton) – pragmatically determine what your constituents want, get elected, apologize for any mistakes you made, gain redemption before the next election, get re-elected.

What Nifong did not understand is the power of communication today (eg Internet, on-line news, blogs, youtube etc) and its ability to allow organization, focus, and the exchange of ideas (just look at who just won Time's Person of the Year). It is catching him in a vise from which I doubt he will be able to extract himself. Similar things have happened recently to other politicians and celebrities. The internet is also having a dramatic effect on newspaper reporting. I’ve noticed that H-S and N&O have (at least) started picking their words better. And frankly a lot better and more detailed reporting is coming from KC than any other source (even though at times I disagree with some of his conclusions).

No, Nifong is not stupid. But he was expedient in his actions - even when the facts contradicted taking those actions - and he was ignorant of the impact of the internet. He started out to construct a portrait of his future and has come to find himself in a corner surrounded by wet paint

GPrestonian said...

4:44 Bill Anderson:
"How is the search for truth a "witch hunt"?

I should have answered that earlier:

Answer - when you're Mike Nifong, and you know that the DNA testing will reveal something that you, Meehan, Hinman, Gottlieb, and possibly others have been hiding for at least 4 months.

Yeah, the bitch said that in open court, knowing full well what was going to be revealed, and his part in hiding it from the defence. What an arrogant pig!

Victim in Massachusetts said...

gp sorry I meant to say the second person to call for an investigation into Nifong

Anonymous said...

I agree with ID.
But I would add that the TV coverage recorded all his statements as well. He can not claim to have not made them.

And let not forget his trick on Newsweek about the date rape drug. The media was conned by him, and they don't like that.

GPrestonian said...

5:31 VIM:

No problem, we'd all love to see more NC elected officials speak up. Esp Dems - I know Jones is (R), is LaRoque? (R) statements run the risk of being labeled as partisan, of course.

I've misplaced my program so I'm having a hard time keeping up with the players.

Oh, wait, D-I-W, LS, JiC, CM, TL, and Bill Anderson's essays are our program! lol

Victim in Massachusetts said...

GP You hit that right on the head.

I haven't been in college for 15 years and I am getting the best education right here.

theman said...

The only reason you people here want someone to step in is because you know the 3 are guilty of something and you don't want this to go to a jury.

Anonymous said...

The three guys being Nifong, Meehan and Gotlieb?

GPrestonain said...

VIM:

Don't do it, don't respond to he who shall not be named. Back away from the keyboard s_l_o_w_l_y, and no one get's hurt! ;>)

You too, Anon 5:47! Oh damn, too late!! lol

VP said...

A jury that will find them guilty, right on theman.

Anonymous said...

of the three,Nifong, Meehan and Gotlieb, only Nifong has some immunity. When will the others run to find a good lawyer?

Victim in Massachusetts said...

gp lol why can't I play with the little trolls, they are so much fun. O.K. They are starting to bore me anyways.

The Dude said...

Well! Well! Well!
The Man is getting it handed to him. He hasn't made a valid point in this entire case and now he is backpedaling. Nifong is going to Prison. Gottlieb and Himan have lost their jobs and pensions. All three have to pay into the liability pot. Meehan is going to lose everything. Duke U. is going to lose a ton of money on the civil end. They let police search dorms. They provided an attorney to have the players give statements against thier own interests. All the Lax players have a civil windfall coming. Only Nifong could get a tainted warrant to take DNA from more than one person without giving probable cause for each. The judge has some problems also.
Cedarford had a great post. The taxi driver was punished for his giving witness information. The AV was given preferential treatment. The AV may very well have a suit if Nifong told her what to say or she admits telling him everything and he denied it. The city of durham will be lucky if the total payout of all parties is less than $100 million. The accused have been ruined for life. that will cost dearly.

The civil end is just starting. Meehan got it jump started. Judge will dismiss when appropriate. Meanwhile, Nifong could explain away the lab misconduct(possibly). How does he respond when he has already said he never discuss the case with the AV and refused to look at exculpable evidence provided by the accused attorney(s). there is no way around that mess. Nifong declared his intent to violate the civil rights of these persons with each and every action he made. He should rot in hell.

VP said...

thedude, the 3 will be suing from behind bars, a good Durham jury will find them guilty, remember it was the Duke hospital where the DNA was collected, it was all planted there. Theman is right on.

Anonymous said...

4:20, You are absolutely right, and although I did not thank her by name, Susan Estrich has certainly done her part to expose the problems with DA Nifong. I was really hoping some elected Democrats would pipe up and help end this insanity with the least amount of additional trauma to the obviously innocent defendants. Lack of leadership among leaders seems to be epidemic and not only at Duke.

Observer

Victim in Massachusetts said...

This is for any lawyer. What would it take to creat a law and name it after Nifong and the FA?

I would like it so that any courrpt DA and a false accuser must service the same sentence that is given to the falsely accused and wrongly convicted.

The only thing is they will not time for good behavior with this law.

I'm not joking about this question.

Anonymous said...

In NC, the grand jury is not even recorded (paper or electronic). Noone knows what was said. Nifong used the GJ so he would not have to have a probable cause hearing.

This is a loophole that needs to be closed. A defendent should be able to request a evidence hearing to prevent this in the future.

Anonymous said...

I guess I can assume that VP is the vice president of the NC Bar.

GS said...

Elections of DA is a national problem. Too many look for a "cause" to make them famous. Justice takes a back seat to politics.

GS said...

Note that Nifong rushed to indict right before the last GJ before the primary.

Anonymous said...

Precious might sue Durham for lousy room service at the Motel -lol

GPrestonian said...

What about that ol' wildcard Ashley Cannon? Have we heard anything from her since she prosecuted the taxi driver and left the DA's office after filing a sexual harrasment complaint?

I'm thinking she might have something to add to the Nifong/DOJ/NC Bar disussion (if it doesn't implicate her too much).

Oh, and in keeping with the season, somebody's been thinking about Ashley! ;>)

Anonymous said...

sorry, i know this is not the topic of this post, but since people seem to lose interest in prior posts once the new one is released, i thought i'd post here.

i wonder what would happen to a white faculty member at duke if he or she published only as much as wahneema "you so crazy, girl" lubiano or karla "running thangs" holloway? my guess is that white faculty member wouldn't last long and certainly wouldn't be given joint appointment to teach at the law school.

WINDBAG

The Dude said...

Don't forget that nifong is running the entire show. If he misrepresented anything the AV said or did, he would be liable for that. If she told him the rape didn't happen and Gottlieb/Himan back it up we got us a real donneybrook.

Victim in Massachusetts said...

KC are the guys still in second "setting" or have they moved into third?

Anonymous said...

Hahahaha.
Nifong is so screwed. When the pressure is put on the Alleged Victim she will say anything to exonerate herself and throw Nifong under the bus.

hahahaha

id said...

Just FYI. Possibly a bit off topic but there is a Nifong video uploaded on youtube... "He might be crazy" (sorry if this was already posted).

Here's the link...

http://youtube.com/watch?v=X_qWi5AVC_U

Ain't techology great... :-)

Anonymous said...

9:42
Neato! Even "Ole Waterhead" Gottlieb got in on the tube!

Anonymous said...

9.42 .

OUTSTANDING

Kitty said...

Quoted from above:
"I thought that I had read on one of the blogs that all of Nifong's property is already in his wife's name. A CYA move made some time ago, but they are not wealthy people. Wonder how long Cy will stand by her man??"

A quick check of Durham real property records shows that C.Y. Gurney is the owner of 615 November Drive, presumably the Nifong marital abode, and that no property is listed as owned by Michael Nifong, M. Nifong, or any variant thereof.

GPrestonian said...

5:56 The Dude:

"Cedarford had a great post. The taxi driver was punished for his giving witness information. The AV was given preferential treatment."

Did you mean to say that the AV received preferential treatment, or that her dance partner Kim did? I recall that Kim got some slack on a probation violation(??) soon after the Hoax started.

I don't remember the AV receiving any in a legal problem sense, other than her 'ran over a policeman' incident from several years ago. I have an acute case of CRS, so hep a brotha out a little! ;>)

Anonymous said...

Too bad we cannot have a pot-banging ceremony at 615 November Drive.

Anonymous said...

Is there a law in NC against demonstrating outside Nifong's house?

That is a great idea, but the brothas and the sistas won't be there this time. They will be holed up on the chitlin farm for distressed professional rioters and whiners. :)

Michelle from Madison said...

You-Tube Video: Duke Lacrosse - LAST STAND
Willie Nelson song
http://www.youtube.com/watch?v=OFVvCpgH4CQ&mode=related&search=


You-Tube Video: SNL Nancy Grace - Duke Lacrosse
Holiday Message from Nancy Grace.
http://www.youtube.com/watch?v=YycOd4dJd40&mode=related&search=

The Sword of Justice said...

Let's not worry too much about Nifong. His fate is all but sealed. The greatest public service that can be performed by KC and the people at this blog is to examine very closely the academic writings of the Gang of 88.